CENTRAL CRIMINAL COURT
SECOND SESSION, HELD DECEMBER 12TH, 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.
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, December 12th, 1881, and following days,
BEFORE THE RIGHT HON. JOHN WHITTAKER ELLIS, LORD MAYOR of the City of London; The Hon. Sir JAMES CHARLES MATHEW , Knt., one of the Justices of the High Court of Justice; Sir ROBERT WALTER CARDEN , Knt., M.P., Sir THOMAS DAKIN , Knt., Sir ANDREW LUSK , Bart., M.P., Sir THOMAS SCAMBLER OWDEN, Knt., and Sir CHARLES WHETHAM, Knt., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Recorder of the said City; JAMES FIGGINS , Esq., and JOHN STAPLES , Esq., other of the Aldermen of the said City; Sir WILLIAM THOMAS CHARLEY , Knt., Q.C., D.C.L., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
JABEZ MCDIARMID, Esq.,
CENTRAL CRIMINAL COURT.
ELLIS, MAYOR. SECOND SESSION.
A star (*) denotes that prisoners have been previously in 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, December 12th, 1881.
Before Mr. Recorder.
MR. J. P. GRAIN, For the Prosecution, offered no evidence.
NOT GUILTY .
MR. BURNIE Prosecuted.
JOHN WALTER CLEMENT STONE . I live with my mother, Harriet Stone, a fruiterer, of 29, Princes Terrace, Regent's Park—on 23rd June the prisoner came and said that he called from Messrs. Oliver and Smith for their account, and 1l. 12s. was paid to him in my presence by my sister, and he gave a receipt.
SARAH JANE WYATT . I live at St. Pancras Almshouses—in June last I saw the prisoner about a headstone to be placed over my late husband's grave—he said if I would give him a little in advance he would do it for 3l. 10s.—he said he was a partner in the firm of Oliver and Smith—I paid him at first 10s. on account and 1l. the week after, for which he gave me receipts.
MARTHA BAKER . I am a widow—I keep the City of London Tavern, in York Road, King's Cross—the prisoner came to me several times about a monument to be erected to my husband—he did not say on whose behalf he came—he said it would come to about 15l., but it came to 17l.—I gave him a deposit of 2l., and he gave me a receiptr—I afterwards gave him 10l. the day the stone was finished—he then gave me a receipt for 12l., and tore up the other receipt.
WILLIAM SMITH . I am a member of the firm of Oliver and Smith, monumental sculptors, of Swaine's Lane, Highgate Road—the prisoner came into our service about 28th May last as a traveller on a commission of 10 per cent, on all orders not recommended—he also had a salary of
10s. a week—it was his duty to attend at the office every morning, and to account for all moneys he received as soon as he came home at night or in the morning—I have never received the 1l. 12s. from Mrs. Stone or the 30s. from Mrs. Wyatt or anything from Mrs. Baker—in consequence of something that occurred Mr. Oliver spoke to the prisoner.
Cross-examined by the Prisoner. I have been in partnership with Mr. Oliver since March last—I never asked you to recommend me to a loan of 10l. from Mr. Gilbert, of Great Portland Street—you told me that I could get a loan from him, as you had had one—you were not in our service then—I have not employed you since you left—I went to your house when I found this out, out I did not charge you then, because you said "Don't make a noise, my wife is ill; it will be all right in the morning"—you did not write out an I O U for 20l.; I never saw one—you did not pay me 5l.—I saw you with 10l. or 15l. in your possession, and you said you should go to the races and make more of it, and next day you came back penniless—I have been to your house perhaps half a dozen times since this embezzlement; I don't know exactly on what business—your wife asked me to give you employment.
WILLIAM OLIVER . I am the senior partner in the firm—the prisoner was in our employ from about the 28th May till about the end of June, when we discharged him on finding out the embezzlement—I went with my partner to his house, and said I had come for an explanation about Mrs. Baker's account—he said "Don't make a noise, my wife is very ill; I will call and see you in the morning"—he called in the morning, and he said he had been horseracing, and had lost the money on Peter, but his wife had some money coming in the next day, and he would pay us directly—I told him I should lock him up—I did not, because I found the expense was too great—he did not call and settle next day—I met him once afterwards in Camden Town, and said I should lock him up, and I gave him a pint of beer to start with, because he said he was hard up and hungry and dry—he said "Don't lock me up; I can't help it; I am going to get employment at Messrs. Gilby's if I can"—I gave him into custody on 29th October.
NOT GUILTY .
There was another indictment against the prisoner for forging the receipt for 12l., upon which no evidence was offered.
NOT GUILTY .
MR. J. P. GRAIN Prosecuted; MR. BESLEY Defended.
The libel in this ease was on a post-card, the handwriting upon which the Jury were of opinion was too doubtful to be traced to the prisoner. He was therefore found.
NOT GUILTY .
89. ALFRED GRAY ALDOUS (31) PLEADED GUILTY to four indictments for forging and uttering Post-office orders, also to feloniously issuing 36 money-orders with intent to defraud. He received a good character.—Five Years' Penal Servitude.
90. THOMAS GEORGE BAYLIS (31) to stealing whilst employed in the Post-office 27l., also to unlawfully imitating an entry in a savings-bank book.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
91. JOHN SHAW (40) to burglary in the dwelling-house of Margaret Ewart, having been before convicted.— Ten Years' Penal Servitude, and JOHN JENKINS (30) to feloniously receiving the said property.— Twelve Months' Hard Labour. And. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, December 12th, 1881.
Before Mr. Common Serjeant.
94. MARY TOWNSEND (19) was again indicted with EMILY BROWN (28) for unlawfully uttering counterfeit coin, to which TOWNSEND PLEADED GUILTY **— Fifteen Months' Hard Labour, and MR. LLOYD offered no evidence against BROWN.
NOT GUILTY .
MESSRS. LLOYD and COOKS Prosecuted.
EMILY SHARPE . I keep the King's Head, Broad Street, Bloomsbury—on 30th November, about 8.30 p.m., I served the prisoner with some lemonade, which came to 2d.; he put down a florin, I bent it in the tester, and told him it was bad—he said nothing, but put it in his pocket and gave me a bad half-crown—I told him it was bad—he said "That is not the one I gave you; you have got my good one"—I said "It is"—I noticed that it had a Queen's head on it—he went out with both the coins, and was brought back by a constable—this half-crown (produced) is not the one he gave me; the other, was black, and bent like a piece of lead.
Cross-examined by the Prisoner. I sent the barman after you—I can swear that this is not the half-crown.
WILLIAM THORPE . I am barman at the King's Head—I saw the prisoner there on 30th November—Sharpe showed me a bad half-crown; it was dark-looking—I did not observe whether it had a filing's head or a Queen's—I tried it in the tester, and it bent like a piece of lead—I gave it back to the landlady—the prisoner took it up, and said "I will carry it back to the one I took it from"—I followed him, and found him standing still in Museum Street, 60 or 80 yards off—I told him I wanted him, and he ran away—a constable caught him, and I said that he had passed some bad money—he said that he had not—we went back—he was searched at the public-house in my presence most carefully—this half-crown is not the one he passed—I did not have it in my hand, but I saw it on the counter.
GEORGE LEE (Policeman E 402). I saw the prisoner standing at the corner of Museum Street—Thorpe shouted out "That man has been passing bad money in our house, policeman!"—I said "Stop him, then!" and the prisoner commenced to run—Thorpe and I stopped him together, and I asked him where the bad money was—he said "I have not got any"—Thorpe said "Yes, you have, you have been trying to pass a twoshilling piece and a half-crown in our house, and they are both bad"—he said "I know the two-shilling piece was bad, but the half-crown is good, and the landlord has got it"—I searched him in the street, but found nothing—I took him to the King's Head, and searched him again, but found nothing—he was taken to Bow Street and charged—on the
next day he was in the waiting-room with a lot more prisoners, and he called me to him and said "Oh, policeman, here is the half-crown!"—I said "Why did not you give it to me before?"—he said "I did not know I had got it"—he then gave me the good half-crown which I have produced—I asked him about the florin—he said he never had one—he gave his address 1, Stamford Street, Lambeth, but there is no No. 1—Nos. 2, 3, and 4 are one large hat shop.
EDWARD STILLWELL (Police Sergeant E 27). I was with Lee, and saw the prisoner standing on the opposite side of the way—Thorpe called out "Somebody has been passing bad money at our house!" and the prisoner commenced running—I ran after him, but was not present when he was stopped; he was searched on the spot to see that he had no money in his hands or pockets, and was then taken to the King's Arms and searched carefully, but we found nothing—I said "Where is the bad money you have been passing?"—he said "The landlady has got it, the half-crown was a good one, but the florin was bad"—he was taken to Bow Street, searched again carefully a third time, and nothing was found.
Prisoner's Defence. I gave the landlady the florin, she looked at it, and gave it back to me. I produced the half-crown, she bent it, and gave it back to me. I put it in my pocket and walked out. She sent the barman after me, and I was brought back, and that is the half-crown which has been produced. She says that she gave it to the barman, but she could not give it to him and to me too.
GUILTY of uttering the florin. — Nine Months, Hard Labour.
MESSRS. LLOYD and COOKE Prosecuted.
AUGUSTUS GILLETT PEACOCK . I am assistant to Hope Brothers, 88, Regent Street—on 23rd November, about 5 o'clock, somebody came in and tendered half a crown for a 3 1/2 d. collar—I gave him the change, and gave the coin to the cashier, and about half an hour afterwards our manager called my attention to a half-crown.
HERBERT SOANE . I am cashier to Messrs. Hope—on 23rd November Peacock gave me a half-crown to change—I gave him the change, and two or three minutes afterwards found the coin was bad, and gave it to the manager.
EDWARD KITCHEN . I am manager to Hope Brothers—on 23rd November I saw the prisoner in the shop buying a collar of Peacock—after he left Mr. Soane gave me this half-crown—I doubled it up in a piece of wood, and these are the pieces (produced)—it had been put in an empty till which had been cleared at 5 o'clock—on 25th November, about 6.40, the prisoner came again for a collar; Hollis served him, and brought me a half-crown—I told the prisoner I had two or three bad coins, and should detain him—I said "Have you any more of them?"—he said "No"—I asked where he got it—he said that he had had it in his pocket since Monday—I marked it, and locked him up—a dog kept sniffing the prisoner's legs, which caused me to take more notice of him.
Cross-examined by the Prisoner. The cashier never touched the coin or saw it—Mr. Hollis brought it to me directly.
FREDERICK WILLIAM HOLLIS . I am assistant to Messrs. Hope—on the evening of 25th November the prisoner tendered me a half-crown for a collar—I bent it with my teeth and gave it to Kitchen, who spoke to him, and he was given in custody.
Cross-examined. The cashier did not see it.
ALFRED JORDAN (Policeman C 274). On 25th November Mr. Kitchen gave the prisoner into my charge with this half-crown (produced), and said that he had passed another the week before—I said "How do you account for having this in your possession?"—he said "I cannot account for it; I had a friendly leed last week, and I must have had them given to me then"—I searched him at the station, and found 1s. 6d. in silver and five pence.
Cross-examined. I have made inquiries and find you bear a good character.
The Prisoner's Statement before the Magistrate. "I was not in the shop on the Tuesday."
Prisoner's Defence. I had a friendly meeting, and must have got one of the half-crowns there, but I was nowhere near the shop on the Tuesday.
GUILTY .— Twelve Months' Hard Labour.
MESSRS. LLOYD and COOKE Prosecuted.
JULIA JAMES . I am assistant to James Lawson, of 124, Edgware Road—on 17th November, about 6.30 p.m., I served the prisoner with some underclothing, which came to 3s. 1 1/2 d.; she gave me a Hanoverian sovereign—I said "Where did you get this from?"—she said "From the baker's"—I said "What baker's?"—she said "The baker's in the Edgware Road give it to me, and I will go and change it"—I said "No, if it is a good one Mr. Lawson will change it," and took it to him—he asked her where she got it—she said "I had it from a Mend"—he said "What friend?"—she said "A gentleman; I don't know his name"—I sent for a policeman.
Cross-examined. You said that you got it from the baker's, not that you tried to get change at the baker's.
FREDERICK GUNTER (Policeman A 284). I was called, and said to the prisoner "Where did you get it?"—she said "A young man gave it to me; I don't know his name"—she was searched at the station, but nothing was found on her—Mr. Lawson gave me this coin.
Prisoner's Defence. This is the first sovereign I ever had in my life.
NOT GUILTY .
OLD COURT.—Tuesday, December 13th, 1881.
Before Mr. Recorder.
MESSRS. POLAND and WILLIAMS Prosecuted.
HENRY CRAWLEY . I live at 17, St. James's Place—on 28th November, about 10.15 p.m. I was coming out of the Army and Navy Club, Pall Mall, and saw the prisoner five or six yards off holding a pistol in my direction, but he dropped his arm and put it in his pocket and walked slowly away—he was a stranger to me—I followed him and spoke to a police inspector, who seized him, and I heard the snap of a cap—I then saw the inspector and the prisoner struggling on the ground—I took the pistol from him and gave it to the inspector.
HENRY RICHARDS (Police Inspector C). On 29th November, about 10.20 p.m., I was in Pall Hall in uniform; Mr. Crawley spoke to me and the prisoner came towards me; I turned round to arrest him, but he stood away from me, presented a pistol deliberately at my face, and I saw the flash from the cap exploding—I rushed at him. threw him down, and said "Give me the pistol"—he said "I won't; I intend shooting some of the b—s"—I struggled with him some time—Mr. Crawley took the pistol from and handed it to me—on the way to the station he said "I am very sorry the charge did not go off"—I said "I don't see why you should want to shoot me"—he said "I would just as soon shoot you as any one else; I should like to shoot you as well as any of the b—authorities" the pistol was not a revolver; it was loaded with powder and ball—I found on him four bullets, some percussion caps, and this discharge from the Army. (Dated 23rd November, 1874, giving him a good character, and stating that he had four good conduct badges.) I also found this statement showing a balance of 57l. for certain claims—he said that he had come from the country to get his claim settled; he had been to the War Office, and finding he could get no one to take notice of it he shot some one for the purpose of drawing attention to his claim—on being removed to a cell he said "I did not intend to hurt you"—he was perfectly sober.
PATRICK HUDDY . I am a tailor of 12, Lower North Street, Poplar—the prisoner is my brother; he lived there with me for two years—he has not been in the Army—he is sometimes right in his mind and sometimes he is failing—he often threatened to go to the War Office and shoot some one—he said that the Government was playing upon him—I had once to take a pistol from him—he once shot at a window of the Mansion House, and was sent to Stone, in Kent, and from there to Colney Hatch.
EDGAR SHEPHERD . I am medical superintendent of the County Lunatic Asylum, Colney Hatch—the prisoner was admitted there on 14th August, being transferred from the City of London Asylum at Stone—he was discharged on 18th November—while he was there I had great doubt whether he was insane—he behaved very quiet and very well; he certainly had delusions when he first came.
Cross-examined by the Prisoner. You had a delusion about the Duke of Cambridge, and said that if you had a pistol you would shoot him.
The Prisoner. I told you nothing of the sort.
attention has been specially directed to the prisoner since he was admitted, a fortnight ago to-day—he is suffering from delusions; he believes he is entitled to the Crown of England, and that the Royal Family, particularly the Duke of Cambridge, hold positions which he should hold, and have property which belongs to him, and that whenever he got a situation the Duke of Cambridge had written to the papers and to his masters—I have no doubt that his delusions are thoroughly genuine, and that he is not right in his mind, and does not know the nature and character of the acts he has done—I think he was dangerously at large.
Prisoner's Defence. I have been in the service nine years and 323 days, and a balance of 5l. 18s. 2 1/2 d. has been due to me for six or seven years. I went up to the War Office last month, and could find no authorities, and got no satisfaction. The night I came to the Army and Navy House and drew the pistol I did not present it; the cap was broken, it would not ignite, and there was only one cap. I just presented the pistol at him, and then put it in my pocket, and the policeman rushed at me. I did not fire it at the police-officer. I did it that I should get my money, because it had been in the hands of the Government so many years, but the Duke of Cambridge has nothing to do with this.
NOT GUILTY on the ground of insanity. — To be detained during Her Majesty's pleasure.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. BESLEY appeared
for Heyman, and MR. CLARKE, Q.C., for Jacobi.
HEYMAN and TUESKI having stated in the hearing of the Jury that thy were GUILTY, the Jury found that verdict— HEYMAN— Five Years' Penal Servitude. TUESKI— Twelve Months' Hard Labour. No evidence was offered against JACOBI.— NOT GUILTY .
MR. RIBTON Prosecuted.
ISAAC BATTERSBY . I live at 23, Coleshill Street, Eaton Square, and am a clerk to the London and North-Western Railway—one evening at the end of August or beginning of September I left the station and was going home and lost my watch and chain—I have no recollection of what happened to me; I might have been touched with chloroform—I don't remember anything happening to me, or any one interfering with me till I found myself in a cell at the Southwark Police-station, and my watch was gone—two or three months afterwards it was shown to me by a policeman; this is it, it has not the same chain on it now.
HENRY KING (Policeman R 145). On 25th November I apprehended the two prisoners in the New Cross Road, Deptford, on another charge of stealing from furnished lodgings—I searched the man, and found this watch (produced) on him—I know nothing about how Mr. Battersby got to the station—I made inquiries at Southwark.
NOT GUILTY .
MR. RIBTON Prosecuted.
JOHN JERLOCK . I live at 1, Bell Place, St. George's-in-the-East, and am a glass manufacturer—the female prisoner came to my house as housekeeper on 1st October, and left at 9 o'clock on 26th without notice—the male prisoner used often to come while she was there; she slept in the house, and he came every night—I found a box broken open at 7 in the night, and missed two chains, two rings, and 2l. 14s. in money—these articles (produced) are mine, with the exception of this locket—I went with the policeman to Bromley, in Kent, and there I saw them.
EMILY YOHAS . I am Mr. Jerlock's stepdaughter, and live with him—I remember the female prisoner coming there as housekeeper—the male prisoner used to come there every night for about a fortnight—the woman left on 26th October—on the morning before she went away she asked if my father had plenty of money; I said "I know nothing about father's money"—on that morning I saw them both in father's bedroom; the man was sitting on father's box, and had this part of the chain in his hand, and she was on the chair—she told me three times to go downstairs; they said if I said anything to father about the man sleeping there they would kil me. I went down, and when I was coming up again I heard them run out—I did not look at the box—I stayed downstairs till father came in—the lid of the box was not broken; they broke the lock.
GEORGE ENDACOT . I live at 62, High Street, Deptford, and am a pawnbroker—this piece of chain and seal were pawned at my place on 7th November by the male prisoner for 5s.—I have got the duplicates here; these are they; I gave him the corresponding part.
The Prisoners' Statements before the Magistrate."We are not guilty."
The male Prisoner stated that he found the two tickets in the street, and did not pawn anything.
The female prisoner stated that she never took anything from the man, and that she was his wife.
FRANZ WILSEND— GUILTY .— Six Month' Hard labour.
MARY WILSEND— GUILTY .— Three Months' Hard Labour.
MR. HARRY GIFFARD Prosecuted.
ALFRED SPOONER . I am shopkeeper to Messrs. Starnes and Sons, ironmongers, of 4, New London Street—about a quarter-past two o'clock on 5th October I was in charge of the shop; a man came in, and the prisoner followed him—the man wanted to buy a steam gauge, pointed to one in the window, and said he would like to buy one a size smaller—while I was showing him one I saw the prisoner stooping down—I said
to the man, "Cannot you call at three o'clock? and then the governor will be in," and he said, "I cannot call to-day," and he was going to say something else, when the prisoner said, "Cannot you call at three?" and he said, "Yes," and she walked out of the shop in a hurry—I followed, because I had some suspicion—I looked on the floor, and saw a cock missing—I saw the prisoner walking down London Street, and I saw she had something under her shawl—I followed, and said, "What have you got under your shawl?" and she said, "Nothing"—she laid it down on a doorstep and ran away—I followed her into Fenchurch Street, crying, "Stop thief!"—I caught her up, two policemen came—I gave her in charge—she wanted to give me her address and let her go, but I said she might not give me her right address—she was locked up.
Cross-examined. I did not see you take anything—you were outside the shop not half a minute before the man came out.
GEORGE SANDERS (Policeman 844). I was in Fenchurch Street and heard a cry of "Stop thief!" and saw the prisoner running—I stepped in front of her, and directly I did so she turned round and accused the boy Spooner of throwing the steam-cock and hitting her on the left side of her face—there was no sign of a mark, and the boy had it in his hand—the boy then said, "She has taken it from our shop in London Street"—I then went with him down to the shop, and he showed me where the cock had been taken from off the floor—on the road from the shop to the station the prisoner said that a man had taken it from the shop, and asked her to carry it, she refused to do so, and he threw it at her, hitting her on the left leg with it—she was searched by the female searcher at the station, and no vestige of any mark whatever was found on her.
THOMAS AUGUSTUS STARNES . I am a member of the firm of Starnes and Sons, New London Street—the steam-cock is the property of our firm, and is worth thirty-five shillings—on 15th November it was in our shop.
The Prisoner's Statement before the Magistrate, "I have nothing to say—I call no witnesses."
The Prisoner then PLEADED GUILTY to a conviction of felony at Clerkenwell on 7th November, 1874, in the name of Evans, and several other convictions were proved against her,— Twelve Months' Hard Labour, to be concurrent with a term of sentence which she was then undergoing.
FOURTH COURT.—Tuesday, December 13th, 1881.
Before Robert Malcolm Kerr, Esq.
MR. SAUNDERS Prosecuted.
WILLIAM ALEXANDER KEAR . I live at 21, Mercer Street—I am employed by Mr. Viney, of Gerard Street, Soho—on 15th November, about a quarter to eight o'clock, I found the place had been broken into—four squares of glass were broken of the workshop window, and four bars taken from the railings—the framework of the window was also
broken—on going inside I missed a gas-pipe and some india-rubber tubing which had been in the workshop—I had left at 9.30 the previous night, and shut up the place—the entrance to the kitchen is through a passage and down the kitchen stairs.
CHARLES WILLIAM BAKER . I live at 7, Gerard Street—on the morning of 15th November I was in Gerard Street, on my way home—I saw two men standing outside a house, one was looking over the area railings—when I went across the road to speak to them I saw a light in the area—I spoke to them, and followed them—I afterwards went back to the house—I told some friends of mine to stop round the house while I fetched a policeman—I went into the area with the policeman—we found the prisoner crouched up in the cellar in the area under the pavement, and opposite the kitchen—we found this tubing outside in the area.
Cross-examined by the Prisoner. At the police-court I mentioned that at about nine o'clock, when I went out, I noticed two men in the passage; I did not take further notice then, but when I returned from my club about 1.30 a.m. I saw the men and followed them to Newport Market; I did not see a policeman, and as I was by myself I was afraid to do anything further—my door is usually open when I am in, but I lock it on going out—no one could come in the passage without my hearing—I saw you before the constable did—I heard you say something to the constable, but not what it was.
HENRY RYDER (Policeman C 49). I was in Gerard Street on the morning of 15th November, and saw the prisoner in a cellar—I said, "What are you doing here?" he said, "They told me to get down here"—I took him to the station—I found on him a piece of candle and a pocket-knife.
ARTHUR SMITH (Policeman C 24). I went to these premises about 2 a.m.—I found the area railing broken, sufficient to allow the prisoner to get through—the area window was broken away, and a gas-pipe was in the area close to where the prisoner was arrested—the prisoner gave an address, 53, Dean Street—I went there.
Prisoner's Defence. I lived in a common lodging house, and not having any money I went there a little after 12 for three or four hours of the night because the police won't let me walk the streets. A policeman came and woke me, and I was taken to the station. Two men were in the passage. How did they get there? They may have watched the man out and broken the window, removed the bracket, and stolen the bank book which was mentioned at Marlborough Street.
NOT GUILTY .
MR. SAUNDERS Prosecuted.
WILLIAM HENRY CARDWELL . I keep the Albany public-house, Duke Street—on 27th November I went to bed about 2 a.m.—I saw the prisoner making his way through the window—I asked him what he was doing there—he said "Pray let me go, I am starving"—I said "How did you get up here?"—he said "By the lamp and the window"—I never saw him before—I do not think anything was touched.
GUILTY.— Judgment respited.
MR. AUSTIN METCALFE Prosecuted.
THOMAS WILLIAM RAWLINGS LEE . I live at 6, The Grove, Hammersmith—I am the proprietor of the Kensington and Hammersmith Reporter—I employed the prisoner as reporter from 30th May till about the middle of July, at 30s. a week—he gave me a reference, Mr. King, of Richmond—a few days afterwards I saw him (King)—he made a statement—I told Lill he must not receive money on my account—he said "Yes, I was going to say I would not have anything to do with money matters"—Mr. Mugford owed me 5s. for an advertisement—this is the prisoner's receipt on the bill and this is the cheque (produced)—the signature, "T. W. R. Lee," is not my writing—I have had many opportunities of seeing the prisoner write—I believe my signature is the prisoner's writing.
Cross-examined by the Prisoner. I was satisfied with your testimonials till I made inquiries—I do not recollect saving that my previous reporter handled my money too freely—I might have said it—I did not say to you I wanted a change—I said you could do your work well if you liked—the bill and the cheque were brought to my house together—I heard the detective's evidence as to your writing—I should not suppose the signatures to the cheque and bill are written by the same person—I have no proof that the signature to the cheque was written by you, that you uttered it, or benefited by it—I did not owe you 15s. when I discharged you—you left on the Wednesday or Thursday—I sent you somewhere on the following Monday—you did not work for me on the following Tuesday or Wednesday—I discharged you for being late at a vestry meeting—you went at 10 o'clock, when it was over—I wrote a note to you, and I received this letter from you. (Stating that he was late at a meeting at he could not find the place, but had obtained a report from another reporter, and should be happy to remain in Mr. Lee's service till Saturday.) I wrote you again—I received no letter from you claiming 15s.—your table and papers in the office were accessible to the three printers employed.
Re-examined. The prisoner never gave me the cheque.
HERNE MUGFORD . I am a surveyor, of 36, Anson Road, Fulham—I am secretary to the Association for Clearing the Fulham Small-pox Hospital—in June last I owed Mr. Lee 5s. for an advertisement on behalf of the association—on 15th June I saw the prisoner—I asked him if he was employed by Mr. Lee, and if he was empowered to receive money on behalf of his employer—he said "Yes"—I said "If you will receipt this I will give it to you"—I showed him the account and handed him this give it to you cheque for 5s.—some time afterwards Mr. Lee applied for the payment, and I said I had already paid it, and got the cheque from the bank.
Cross-examined by the Prisoner. I asked you if you were empowered to to take money, because, as a rule, reporters are not allowed to take it—I did not say "Is Mr. Lee about?" because I was accustomed to meet him at the Board of Works—I said I had carried the cheque in my pocket for three weeks—you receipted the bill, and nothing further passed—I may have given you a report, I have been in the habit of doing so—I do not remember telling you that Tattersall's Hospital Committee had given me the account.
prisoner at Nottingham—I said "Good evening, Mr. Lill; I understand you deny your identity; is your name F. E. Hill?"—he said "No; Enoch Lill is my name"—I asked him for his address at Nottingham, which he wrote on a piece of paper—I then said to him "Where did you previously live?"—he said "In Devonport Road, Shepherd's Bush"—I said "While there you worked for Mr. Lee on the Kensington and Hammersmith Reporter"—he said "No, I did not work for him, I reported for him"—I said "As you are already aware, I am an officer from London; I am satisfied as to your identity; I charge you with forging a receipt for 5s., also with forging a cheque payable to Mr. Lee, received for him at the same time"—he said "All right; the money I received, but as for the cheque, I know nothing about it"—on the way to London he said "I was writing a descriptive account at the Bell and Anchor public-house; I lost my papers; I have not seen the cheque till you showed it to me"—the charge was read to him at the station, and he said "I will explain this if you will allow me."
Cross-examined. I have not learnt all that—I ascertained you were chief reader to the Nottingham Guardian—you held a respectable position in the town.
The Prisoner's Statement before the Magistrate. "I solemnly deny having committed the forgery. I reserve my defence, as I believe I shall have evidence at the trial which will overset all the evidence you have heard."
The Prisoner in his defence said that his table in the office was exposed to the printers, that he had not seen the cheque after losing it till it was shown him at Nottingham, that he had forgotten on whose account he had received it, and asked Mr. Mugford, who said that it was from Tattersall's Hospital Committee, and that he may have lost it when he wrote his report of the Botoling Green, the same day he left the vestry meeting. He received a good character.
NOT GUILTY .
MR. WILDEY WRIGHT Prosecuted; MR. KEITH FRITH Defended.
WALTER HARRIS . I am the prosecutor—on 4th April I entered into a co-partnership with the prisoner as law stationers at 35, Basinghall Street—about 6th August I received two allowance tickets for unused stamps—I handed them to the prisoner to get them cashed—he told me he had taken them to Messrs. Drew, Wood, and Sons, law stationers, of Basinghall Street—about a fortnight afterwards I asked him for the money—he said he had not received it yet—I repeated the question about 20 different times—he said Mr. Wood had gone out of town, and would sign a cheque when he came back—his duty on receiving money was to enter it in the cash-book—I went to Drew and Son's about the end of October, and saw the manager, and had a conversation with him about these stamps—I afterwards told the prisoner that Mr. Smith had told me he had paid him the money months ago—he then said he had spent it, but he would work hard and pay it back—he also offered me a bill of sale on his furniture, not exceeding 50l., to cover my loss—previous to 9th July I kept the books—the prisoner requested we should make up our accounts—I made out an account which showed a balance of 8l.; the prisoner said I ought to have more, and showed me a difference
of 14l.—I said, "I will pay you this difference on condition you keep them the way you want me to keep them"—he kept the books from that time—previous to that the books were kept at 35, Basinghall Street—I saw them up to 4th November—this is the cash-book (produced) in which the prisoner should have entered all sums received by him—on 12th August I see no entry of 12l. 3s. 9d.—he has never accounted to me for it—on 10th September he has entered 10s. 6d., and on 17th 7s. 9d.—he has not accounted for the difference between 10s. 6d. and 12s. 5d., nor 7s. 9d. and 10s. 6d.—I had a conversation with him about the end of October.
Cross-examined. I was not three weeks trying to obtain a pecuniary settlement, but about a week—the prisoner was paid at the end of the week—he had no customers of his own, they were the firm's customers—I had not previously to this partnership been a law stationer; the prisoner had been for yean—I never recognised private customers—it is true that four months after the agreement between us the prisoner said to me, "There must be something wrong, as we are making a profit of 25s. a week, and we do not show that profit"—I did not tell him we had 8l. in hand—he said that I had it—he was wrong, and I can prove it—we did not go through the accounts together; I made out my account—I said before the Magistrate, "We went through the accounts"—he made out an account of what he said I received—each of us signed it, and I signed this duplicate (produced)—he said the writers' seat rents were not shown—I said he had made a mistake—I was employed by Messrs. Herbert and Kingston, solicitors, but used to go to this office in a morning, I also worked there in my dinner hour, and after 6 p.m.—I advanced money to the prisoner personally, and for the purposes of the business—he has not told me that the books would show a balance in his favour, or suggested that they should be gone through, and whichever owed money should pay it—I have seen him make out memorandums and statements—he received what was shown to be due to him—I know there would be a balance in my favour—I could never get the prisoner to make up the accounts—I removed the furniture because the prisoner was behind hand in his rent, and I had to pay the landlord 2l. 1s. and did not want to incut more rent—I have not started in business as Harris and Co.—I have not said the prosecution was to see if he would pay—I carry on no business now—my brother is finding the money for this prosecution—I have no money.
Re-examined. I have not taken any money from the firm without accounting for it—the prisoner offered me 10l., but I said I would not have it, but would go on with the prosecution—the sums I received appeared in the books to which the prisoner had access; also the seat rents.
FREDERICK JAMES SMITH . I am manager to Messrs. Drew, Wood, and Son, law stationers, of Basinghall Street—on 6th August I received two stamps—on 12th August I gave the prisoner a cheque for 12l. 3s. 9d. for our firm—he endorsed it and it was paid over the counter—this (produced) is a list of sums I have paid the prisoner for our firm—it is in my writing—on 10th September I paid him 12s. 5d., not 10s. 6d., and on 17th 10s. 3d., not 7s. 9d.—I have handed the receipts for those sums to the prosecutor.
Cross-examined. I do not know of any commissions being given to a boy for bringing the stamps.
Re-examined. The receipts (produced) are in the name of Cartwright and Harris—I did not receive them till this charge was made.
ERNEST ESAU . On Friday evening, 3rd November, I heard that Cartwright admitted taking certain sums, and offered Mr. Harris a bill of sale on his furniture to the amount of 50l.—he also said that he would pay him back—Mr. Harris asked him how, and he said by hard work.
Cross-examined. I do not recollect what I was doing the previous Friday, or the Friday afterwards—Harris also said "I consider you no longer a partner with me, because of the way you have acted"—I have had about three conversations with Harris in the prisoner's presence—I heard the prisoner say he should bring the day-book and papers when he thought proper; also that he should make out a statement of accounts when he thought proper, but not that whoever the balance was against should pay—the prisoner said the bill of sale would secure Harris.
GUILTY .— Twelve Months' Hard Labour.
OLD COURT.—Wednesday, December 14, 1881.
Before Mr. Justice Mathew.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
HENRY GRANGE . I live at 17, Paradise Street, Marylebone, and am a House-painter—between 9 and 10 o'clock on Saturday night, 15th Oct., I was standing at the corner of High Street and Paradise Street—I saw the prisoner and deceased James Alexander turn the corner of High Street into Paradise Street; they seemed to be wrangling—Murphy put up his hands in a fighting attitude—Alexander said "You don't mean that, do you?" and before he got the words out of his mouth Murphy struck him in the face with his fist, and he went right flat back on his head, a dead fall, in the middle of the road, and I saw blood flowing from the wound—the witness Robson came across the road and said "You ought to be given in charge for knocking the man down in that cowardly manner"—the prisoner said "If you ain't off I'll serve you the same"—two policemen then came up, and Alexander was taken away—the prisoner went away—I did not know him before—I had known Alexander 30 years; he lived in the neighbourhood—they had both been drinking a little, but not out of the way, they were capable of knowing what they were doing—they were not intoxicated.
Cross-examined by the Prisoner. I did not see the deceased come out of the public-house—I will swear that he never rose his hand to you—he did not say "Come on, now"—there were very few people about—the deceased fell off the kerb in the middle of the road from the blow.
HENRY JOSEPH ROBSON . I am a marine store dealer in Paradise Street, Marylebone—on Saturday night, 15th October, about 10 minutes to 10, I saw the prisoner strike the deceased with his fist, and he fell in the road—I heard nothing said—I crossed over and said to the prisoner "You ought to be locked up;" he said "If you don't go away I will serve you the same"—the police then came up—the prisoner had had a little to drink, but was not drunk—there was plenty of light from the lamps and the shops—I knew them both before by sight.
ROBERT MORAY . I am a coach-maker, and live at 3, New Paradise Street—on Saturday night, 15th October, I was outside the Shepherd and Flock, in High Street, and heard a noise as of something like a gun going off. I saw a few people gathered outside the Queen's Head, in Paradise Street—I went up, and saw the prisoner standing on the kerb, and the deceased lying in the road—I picked him up and took him to Dr. Percy's, in High Street.
WILLIAM GREENWOOD (Policeman D 274). I was on duty in Paradise Street, and saw the prisoner—from what I heard I told him I should detain him till the deceased was brought back—he was brought back by two friends, and I asked if he would come to the station and charge the prisoner—he said no, he would summons him, he knew where he lived—the prisoner said he did not mean to knock the man down, he did not do it out of any ill will—he was under the influence of beer, but was not drunk—the deceased also appeared to be under the influence of beer.
ELIZABETH HAWES . I live at 3, Old Paradise Place, with my husband, a coachsmith—I knew the deceased, James Alexander, he had lived in the same house for some time—he went out about half-past 8 o'clock on Saturday night, 15th October, came in a few minutes after 9, and went out again to buy my little boy a cake—in about half an hour he was brought back by two friends—I saw blood coming from his head—I assisted in putting him to bed; he was not sensible—he remained in bed next day—on the Monday the doctor came, who attended him till he died, on Thursday morning—I noticed a small bruise on his left eye when he was brought home; it was not there when he went out.
LAURENCE KINGSTON FYNES , M.E.R.S., 23, Manchester Street, Marylebone. On Monday, 17th October, I was sent for to attend the deceased, he was suffering from injury to the brain—he died on Thursday morning—he had a mark over the left eye, such as might be inflicted by a blow from a man's fist—he had an injury at the back of the head, such as might be caused by being knocked down and his head coming in contact with the ground; the skin was broken—I afterwards assisted Dr. Spurgin in making a post-mortem examination—there was a fracture of the skull, which caused injury to the brain, and that caused death—there must have been considerable violence—I doubt very much if he would have been killed had he fallen on a macadamised road, but this road was paved with granite cubes—a fall on one of those would be likely to cause the injury.
DANIEL DALEY (Police Inspector). I took the prisoner into custody after the inquest—he made a statement, of which I took this note: "On Saturday night, 15th instant, I left my lodging and went up High Street; on passing one of the private doors of the Queen's Head, Alexander came out, put up his fists, and said 'Come on.' He was sparring about, and I put up my hands to guard my face, thinking he was going to strike me, and in the struggle between us he chanced to fall off the kerbstone into the road."
The prisoner in his defence repeated this statement.
NOT GUILTY .
MR. GRIFFITHS, for the Prosecution, offered no evidence, the Grand Jury having ignored the bill.
NOT GUILTY .
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. HORACE AVORY defended, at the request of the COURT.
WILLIAM HAMMETT . I am 14 years of age—I have been living with my father (the prisoner) and mother at 20, Lancing Street, St. Pancras—I work as a machine boy—my father is a machine minder, and has been employed for 26 years at Mr. Stacey's works—he worked there up to the time that his leg was bad, when he was away from work two or three weeks—he used to be in bed in the back kitchen; the front kitchen was our sitting-room—there is a door between the two—my mother and the two children, Albert and Arthur, slept with my father in the back kitchen—Albert was about three years of age, and Arthur a little under one—on Tuesday morning, 13th September, I was in the front kitchen with Arthur and my little brother Charles; he is about seven or eight—my father was in bed in the back room—Albert was there too—mother went out to fetch a doctor to see father—he was worse that morning—while she was out father called to me "Bill, bring the baby in to me—I took Arthur into his room—he told me to put him on the bed, and I put him on—I did not notice where Albert was at that time; he was not in the front kitchen—father told me to go out and shut the door—I did so, and went into the front kitchen—mother had been out about 20 minutes, when I took the baby in—father called out to me again "Bill, bring the hammer in to me"—I got it, and took it—this is it (produced)—he opened the door two or three inches, and took it from me—he could reach it from the bed—lie then shut the door again—a little time afterwards mother returned—she went into the back room, and called out "Father's leg has burst!"—I went into the room, and saw a quantity of blood on the bed and on the floor by the side of the bed—I saw the children on the bed—I did not notice what state they were in—I came out of the room; mother screamed out—I saw somebody come and take the baby away to a doctor—I afterwards saw Albert brought into the front room—tne baby was then brought back, and the police and the doctor came—I saw this knife (produced) on the Monday night; father was eating his meals with it in the bedroom—I did not see it on the Tuesday morning.
Cross-examined. Father's leg had been bad a long while; several weeks—he had been attending to his work with his bad leg for some time—he had been in bed ever since the Friday before the Tuesday before that—he used sometimes to come early on account of his leg; there were sore places on it—in July five of us children had scarlet fever; we were very ill with it, and my little sister died of it; she was our only sister—father was very fond of her; he was very much grieved at her death—I did not notice any difference in him; he used to grieve about her—I used to see him in bed between the Friday and the Tuesday—I did not notice that he seemed worse on the Sunday—I did not talk to him much; he has spoken to me when I went in—I did not notice anything in the wav he spoke to me—on the Tuesday morning he was undressed; only his shirt on—Albert was in bed with him when I first went in, sitting up and having breakfast with him—the baby had been taken out of the room and dressed—father seemed quite friendly and affectionate to him—I did not notice any difference in his manner then—he was always very fond of us all—when
we were ill he used to sit up with us at night and nurse us—mother said when she went out that she was going for a doctor, and he said "Be quick, come back"—I did not hear him say why she was to be quick, or how he felt—I never heard him say anything unkind about me or the other children.
ARTHUR BAKER (Policeman E 69). On Tuesday morning, 13th September, about 10.20, I went to 20, Lancing Street—I was the first constable to arrive there—in the front kitchen I saw the body of the little boy Albert lying on the sofa dead—he had an injury to the neck—the baby was not there then; it had been taken to a doctor—he was brought back afterwards—I went at once into the backroom—I there saw the prisoner lying on his left side on the bed; the clothes were all of a heap at the foot of the bed—I felt his body; he seemed quite cold—I thought at first that he was dead—I turned him on his back, and then noticed a white pocket-handkerchief tied tightly round his throat; there were two knots, tying it tightly round, and then this knife placed across, and two other knots, so as to tie the knife in, and enable it to twist the handkerchief tight—the blade and also the handle had wet blood on it—I at once undid the handkerchief, and the prisoner then began to breathe freely—he did not speak a word—Dr. Davis came and attended to him, and he was afterwards taken to the station—in the meantime the little boy Arthur had been brought back to the front-room and put on the sofa—I saw this hammer, and that and other things were taken possession of by Sergeant Pontin.
Cross-examined. I did not speak to the prisoner at all—the knife was twisted once in the handkerchief so as to make it quite tight.
CHARLES PONTIN (Police Sergeant Y 35). On 13th September I went to 20, Lancing Street; I found both the children lying on the sofa in the front kitchen; Albert was fully dressed, and Arthur partially; they were both stabbed in the throat—Dr. Davis came—I saw the prisoner in the back room; his clothing and legs were saturated with blood; he was unconscious—I took him to the station; he seemed to be in a daze, unconscious all the way—Dr. Andrews saw him at the station and ordered him to be taken to University College Hospital—I took possession of the hammer, knife, and other things—on 3rd December I took him into custody on this charge—I told him what he was charged with—before that he said, "I know what you have come for"—he burst into tears at the hospital, but made no further statement.
Cross-examined. The inquest had been held on 16th September—he was unconscious all the way to the station—he never spoke at all, nor I to him.
HENRY PARRETT DAVIS . I am an M.D. and surgeon, of Euston Square—on Tuesday morning, 13th September, between 10 and 11, a young man brought the boy Arthur to my house; I examined him, and found he had been stabbed in the neck; the larger vessels had been severed, and he must have died almost directly; the body was warm—it was such a stab as might have been inflicted by this knife—I had him carried back, and I went also—I saw the boy Albert lying on a sofa in the front room; he was quite dead, and warm; he had a similar stab in the neck, only more deep; it had penetrated the large vessels, and a large quantity of blood must have occurred at once and caused death—I went into the back room and saw the prisoner—the handkerchief had
just then been taken off his neck by the officer; I saw a little scratch on his neck; it was a skin wound, a scratch—he was unconscious, possibly from partial strangulation, and also from a blow on the head—there was extravasation and a large swelling on the right temple; it was such an injury as might have been done by giving himself a blow with this hammer; it was a very severe blow indeed—I administered stimulants, and when he had rallied a little I had him taken to the station, so that he might be taken to the hospital—I did not see him afterwards.
Cross-examined. I think the blow on the head was as heavy a one as he could have inflicted himself, nature would resist—I could not say whether the stab on the child's neck was a prolonged stab; there was only one mark, but it went apparently quite across the neck, through the large vessels—I did not examine his leg because they said it was of long standing; it was bound up; I did not disturb the bandages.
HENRY CHARLES ANDREWS , M.D. I live at Oakley Square, and am divisional surgeon to the police—on 13th September I saw the two children—I have heard Dr. Davis's evidence, and agree with him—I afterwards saw the prisoner at University College Hospital about midday; he was partly conscious, in a comatose state, almost insensible, resulting from two causes, from erysipelas probably, poisoning of the blood, and a very severe blow on the forehead, near the temple, on the right side—the erysipelas would undoubtedly affect the brain by poisoning the blood, and cause delirium—while in that state the person would only be partly conscious, and not responsible for his actions, I think; not conscious of what he was doing, nor capable of arranging his affairs—I saw him twice at the hospital; I visited him some time after—Dr. Bond, the medical officer, was present.
Cross-examined. The first day I visited him very shortly after the occurrence, and I saw him again some weeks afterwards; he was then recovering—on the first occasion he would make no statement; he muttered—the comatose condition was not attributable solely to the blow on the head; his condition was more comatose than I should expect from that alone; two causes would combine—no doubt the erysipelas contributed to a very great extent—it would, no doubt, be caused by the passage of the poisoned blood through the brain—there might be intermissions—I was told afterwards at the hospital that he had delirium intermittently.
JAMES WILLIAM BOND . I am resident medical officer at University College Hospital—on Tuesday, 13th September, the prisoner was brought there—when put to bed he remained quite still, his eyes being open and staring fixedly in front of him—his cheeks were a little flushed, his mouth partly open—I noticed the bruise on the temple—the limbs were rather cold—I attributed those appearances partly to the blow on the head and partly to the erysipelas—I examined both legs—there were three or four ulcers on the right leg, and the erysipelas was there—he was in a very bad state physically—I noticed a scratch on the neck, and marks of blood about his hands and clothes—I had him removed to the erysipelas ward—I found no trace of the strangulation—I spoke to him before he was removed to the erysipelas ward, but he was not sufficiently conscious to answer then—about 4 o'clock he did answer me, and I made this note at the time of what he said: "This morning my wife went out to fetch me some medicine from a dispensary; I remember this, and also that about 9 o'clock I was in bed with two of my children;
after this I remember nothing. At that time he answered rationally, but not as a healthy person would have done—he was stupid, and answered very slowly—about 9.30 next morning I asked him some more questions, and he said "Last Friday, Saturday, and Sunday I was shivering, and retched on the Sunday, but did not vomit, having no food in me, by reason of my bad appetite; I had shooting pains up along the inside of my right thigh since the Friday, and on Friday the feet became very red and blue. From Friday to yesterday (Tuesday) I had only a little gruel, some tea, one egg on the Sunday morning, and a bit of bread; no meat, fish, or broth. On Tuesday I sent my wife for a doctor at 9 o'clock, and then felt my head throbbing round and round." He was in the hospital in a dangerous condition till the 19th—the danger arose from the erysipelas, and from the effects of it; he had inflammation of both lungs and abscesses in the right foot, the right leg, and the right thigh—he was not conscious when he first came in, and next day he was delirious—he was nearly constantly delirious until the 19th, but less so in the morning than the afternoon, and not as a rule—he refused food at first, the day after his admission—the delirious condition was the result of the erysipelas, which caused blood-poisoning—he was violent—he hurt one of the nurses a day or two after admission, and afterwards, I believe, he struck a policeman—in doing injury to himself or others he might be conscious at the time, but could not control himself, and would not know the consequences of his action—he might know that he was taking the life of the child, but would not be able to control himself—I think in some cases a delirious person may know what he is doing—after he got better he was a quiet, well-behaved man.
Cross-examined. I have no doubt that the excitement was caused by the erysipelas—he was also very feverish, which would increase the delirium—I have no doubt that he knew that he struck the policeman, but I don't think he knew it was wrong—I believe his statement to be true that he remembered nothing of what had occurred.
AUGUSTUS JOSEPH PEPPER . I am a B.M. of London and F.B.C.S. of 122, Gower Street—by direction of the Coroner I made a post-mortem examination of the two children—they both died from the wounds in the throat—this knife would produce them—there must have been great violence—the knife had passed completely through the neck in one case, and nearly so in the other—I have heard Dr. Bond's description of the prisoner; in my judgment the delirium was the result of the erysipelas—I do not think that a man so suffering would be conscious in doing these acts that he was doing wrong—I don t think he would know the difference between right and wrong.
Cross-examined. In all probability there was original weakness of brain power—mental suffering and anxiety would predispose the brain to delirium, added to the low condition of body from the ulcers in the leg.
NOT GUILTY on the ground of insanity. — Ordered to be detained until Her Majesty's pleasure be known.
MESSRS. KEITH FRITH and BRANSTONE HICKS Prosecuted; MESSRS. KISCH
and WILLES defended Charlotte Merrifield.
NOAH GARDINER . I am a bricklayer, of 20, George Street, Notting Hill—the deceased lived with me for about seven or eight years—I had known her about 22 years—she was 44 or 45 years of age—on 17th October I was outside the Prince of Wales public-house at Kensal New Town, about 3 or 4 o'clock in the afternoon—in consequence of what I heard I went inside the house—I saw Mrs. Smith, the landlady, holding the taproom door—she said "I am glad you have come in, if you had not Mrs. Osborne would have been killed on the spot"—the female prisoner was in the bar at the time, and near enough to hear what was said—I then went outside to take the deceased home—she seemed quite deranged—I took her home—she gradually got worse—I went for Dr. Berry about the third or fourth day, and from what he said she was taken to the infirmary—she died on 5th November—she had been a very healthy woman all the time I knew her, and sober; not a total abstainer, but a regular living woman—I know the prisoners, and lived next door to them nearly seven years—there had been a quarrel going on between Mrs. Osborne and the prisoners between two or three years—it commenced by suspecting Mrs. Merrifield of dishonesty.
Cross-examined by Charlotte Merrifield. I did not strike you—you came to strike the deceased and I prevented you—I did not knock you down.
BRIDGET LONDON . I am a widow and live at 4, Murchison Road North, Kensington—on Monday, 17th October, between 2 and 3 o'clock, I was in the Prince of Wales public-house—I saw both the prisoners in front of the bar—Mrs. Merrifield was treating her husband to a drop of something to drink—Mrs. Evans and two or three more were there—Mrs. Osborne was standing by the side of the bar in one corner—I saw her pick up a bundle of wood off the bar, and she called Mrs. Merrifield "a nasty, ugly, jeering, old Guy Fawkes," and then hit her in the face with the wood—Mrs. Merrifield then went to hit at her, but before she could hit her Mrs. Osborne hit her again in the face with the wood—she was blinded with the blood for the moment—I said "My gracious, what a shame to serve your face like that," and I wiped the blood off her face with my apron—the women then both quarrelled again in the bar—they struck each other—I could not say whether there was more than one blow—Mrs. Evans and I parted them, and Mrs. Osborne went into the taproom and sat on the form—Merrifield said to his wife "If you don't pay her I will pay you," and she then went to Mrs. Osborne into the taproom, and they both quarrelled again—I could not see into the taproom—the barmaid called the landlady, and she went and parted them—Mrs. Osborne seemed perfectly sober—Mrs. Merrifield was neither drunk nor sober.
Cross-examined by MR. KISCH. I did not see the deceased trying to get out of the window—I saw her outside—I cannot tell how she got there—she must have got out of the window, there was no other way of her getting out—she did not get out by the door.
ELLEN EVANS . I am the wife of William Thomas Evans, a gasriveter, 23, Boswell Road, Westbourne Park—on 17th October, between 2 and 3 o'clock in the afternoon, I was at the Prince of Wales public-house—I
saw Mrs. Osborne there standing at the bar by herself—the prisoners came in one after another—I did not see the slightest provocation given until Mrs. Osborne struck the female prisoner and caller her "an ugly, jeering old Guy Fawkes"—I saw her strike her with the wood two or three times—I could not swear to the third time—Mrs. London wiped the blood off Mrs. Merrifield's face, and then they commenced fighting at the end of the bar, near the taproom—I and Mrs. Smith, the landlady, helped to separate their hands from each other's hair—Mrs. Osborne was then shut in the taproom, and Mrs. Smith held the handle of the door—I afterwards saw them outside—Mrs. Merrifield was going to strike at Mrs. Osborne, and Gardiner put his hand to Mrs. Merrifield's bosom and shoved her down on her back; and Mrs. Osborne said "Let the b—dray run over her, and kill her"—there was a dray standing there—while they were quarrelling together by the tap-room I heard the male prisoner say to his wife "If you don't pay her I will pay you"—none of us were drunk and none of us were sober.
Cross-examined by MR. KISCH. I drink neat gin when I drink it at all, but two glasses have no effect on me—we had had a drop of beer together in the morning—Mrs. Osborne was not at all intoxicated—she was not in our company—the landlady told Mrs. Merrifield to leave the house—a shutter fell down while they were in the taproom—I can't say whether it struck Mrs. Osborne's head—she was on the form at the time—I did not notice whether she was in a great rage.
ANN SMITH . I am a widow and keep the Prince of Wales—on the afternoon of 17th October, from 3 to 4 o'clock, in consequence of what my barmaid said, I went downstairs to the bar, where the deceased and Mrs. Merrifield were quarrelling—I saw Mrs. Merrifield striking the deceased upon the head as she was sitting inside the taproom on the form—Mrs. Merrifield's face was covered with blood—I said "Good gracious, Mrs. Merrifield! what are you doing? I am ashamed of you!"—I pushed her away, closed the taproom door, and held it in my hand, leaving Mrs. Osborne sitting inside the taproom on the form—there were other people there—I did not see any shutter fall down—there were three shutters, which stood upon the form where the deceased was sitting, but they were a short distance from the wall, and if one fell it could not have struck her—I saw Mrs. Merrifield leave the house.
Cross-examined. I have known Mrs. Osborne for the last seven years as a constant customer—she was not a person of violent character at all; I should call her a moderate kind of woman, a very decent, hard-working one—I may have seen her a little the worse for liquor, but nothing particular; I never refused to serve her—I did not order her out of the house; I told my servant to let her through the taproom window to save any more bother—I could not positively say whether it was with her fist or her hand that Mrs. Merrifield struck her, but I should think it was with the fist—I did not hear the male prisoner say "I will pay you."
WILLIAM HENRY NETHERCLIFT . I am medical superintendent of Chelsea Infirmary—Mrs. Osborne was admitted there on 28th October; she was in a very dazed condition; she was put to bed—I imagined she was suffering from concussion of the brain from her symptoms—I had the back of her head shaved, and I then noticed a mottled-pink blush over the whole of the back of her head; I concluded that was from some injury, from what I was told—the surface was high in
temperature—on 31st she became quite unconscious; on 1st and 2nd November she became semi-conscious, on 3rd she became quite unconscious again, and died on the 5th in a state of unconsciousness—I made a post-mortem examination next day—I found the whole of the brain much congested; there was blood effused under the membranes of the posterior part of the brain, corresponding with the blush on the outside of the head; there was a laceration in the brain structure on the right side of the anterior lobe, about an inch in extent, and within that there was a large clot of blood; all round the clot a bruised appearance was presented—I believe the cause of death was the laceration of the brain and general concussion—the arteries were perfectly healthy, and the other organs quite normal—there was no sign of any active disease anywhere—there was no evidence of intemperance in any organ.
Cross-examined. I examined the state of the back of the head very closely; I should say the appearances pointed to the injury being some days old, I can't say how many—I could not swear that it had not been caused five days before.
ALEXANDER PIKE (Police Sergeant X). I apprehended the prisoners; they were together—I addressed the female first, and said the Coroner's Jury had returned a verdict of wilful murder against them, and that I was going to take her into custody for causing the death of Annie Osborne by striking her on the head, and Merrifield with aiding and abetting; she said "I have nothing to say;" he said "I never spoke"—at the station the female turned round to the male prisoner, and said "You never spoke."
Cross-examined. The Coroner's Jury found a verdict of wilful murder; the Magistrate committed for manslaughter, and allowed the prisoners out on two sureties of 10l. each.
WILLIAM LOW (Police Sergeant X 25). I took the prisoners to the station in a cab—on the way the male prisoner said "I never said a word, there wasn't time; it was all done in five minutes. I know who did this for me, that Mrs. London"—the female prisoner said "No, John, you stood like a statue, drinking the rum and water that I called for for you, and were too ill, Dr. Gill had been attending you"—I found upon the male prisoner this written statement, which is the evidence he gave before the Coroner.
The male prisoner in his statement, and also in his defence, alleged that the deceased was the aggressor, but that he never interfered, and said nothing.
NOT GUILTY .
NOT GUILTY .
NEW COURT—Wednesday, December 14th, 1881.
Before Mr. Recorder.
MR. J. P. GRAIN and MR. BOVILL SMITH Prosecuted; MR. THORNE COLE appeared for Dale, and MR. PUBCELL For Bode.
HENRY HISCOCK . I am cashier to Mr. Whiteley, of Westbourne Grove—on 17th October, about 6 p.m., Dale presented this cheque, and pointed to the name of Foiling, a large customer of ours, on the back—I said "What is his address?" and he either wrote on it "Queen's Wood, Eltham," or else it was there before—I handed it to Mr. Rudd with certain instructions—it was passed on, and a communication made to the counting-house—it was then handed to Oram—I saw Dale for about three minutes—a few days afterwards my attention was called to the dishonour of the cheque, and I gave a part description of the man who presented it—on 17th November I went to Lawrence Fountney Hill and saw the prisoners come out of a house—I recognised Dale at once.
Cross-examined by MR. COLE. Mr. Ashburn went with me—I saw a great many persons at the bank—I had never seen Dale before—I believe he wore a black silk hat—I have no recollection of his dress—he had a moustache—I said that he had a military appearance—I did not say that he was very tall—I saw his full face I believe.
CHARLES ORAM . I am one of Mr. Whiteley's cashiers—on the 17th of October, Rudd, another clerk, gave me this cheque with certain directions—I cashed it for the prisoner Dale, and gave him nine 5l. notes and 7l. 10s. in gold—I was behind the counter near him while the particulars were being ascertained, and had a good opportunity of seeing him—after the cheque was returned the matter was called to my attention, and I gave a description of him—on 16th November I went with Littlechild to watch at 1, Lawrence Pountney Hill, City, and watched some premises which I had watched one or two days before—I saw Dale go in, and afterwards saw both prisoners come out, each with a parcel—they got into an omnibus, and we got in also—they got out in Oxford Street, and I got out also, but did not follow them—I have no doubt that Dale is the man to whom I gave the money.
Cross-examined by MR. COLE. I had never seen the person who presented the cheque before—I am a clerk in the bank—there are three clerks and the manager—we do a very good business—lots of people come in and out all day—it is fitted up witn a counter and brass railings, and I am behind—I did not notice the person's dress, or whether he had an overcoat, or whether it was light or dark—he had a high hat; a silk hat—I did not hear the evidence of my brother clerk at the police-court—I did not know that he said it was a tall silk hat; to-day is the first time I have heard it—it was a silk hat—I said at the police-court he was not wearing a silk hat, but a kind of "billycock"—I am quite certain of that—there can be no mistake—it was a dark colour, and a felt one—my evidence was read over to me, and I pointed out a "billycock" which was on the desk, and said that it was like that—it was not the sort of hat which the clerks in the bank wear, but we are hatters as well—the "universal provider and banker" sells hats, but I cannot say whether this, was one of them—I went to the "Cock and Bottle" with Littlechild—I described the man as a tall military looking man, middle-aged, with a moustache—I do not remember whether it was a light or dark moustache—I described him as a rather robust person.
Re-examined. I cannot say whose hat it was that I pointed out, but it was a high hat; it was higher than the ordinary "billycock," but not a chimney-pot: half way between—the lawyer asked me what sort of a
hat it was, and I said "Something like that," pointing to one—we hardly ever have people in the bank at 6 o'clock.
THOMAS GEORGE BURDGE . I am manager to Mr. Whiteley in the banking department—Mr. Feiling is a considerable customer of his—this cheque was brought to me on 17th October, and alter inquiring and finding that Mr. Foiling was one of our best customers, I gave instructions for it to be cashed—I believed it to be his signature.
CHARLES HERMANN FEILING . I am a stockbroker, of Queen's Wood, Eltham—this is not my signature on the back of this cheque; I gave no authority for it to be written—I have never seen either of the prisoners before.
ALEXANDER MC GRUER . I am manager of the Finsbury branch of the London and South-Western Bank—Bode had an account there as F. Matthews and Co., of 64, Basinghall Street—it was opened on 13th December, 1880, and in July there was a balance of 6s. 11d., which sum was drawn out by his trustee in September—that closed the account—we issued these cheques to F. Matthews and Co.—several blank cheques were outstanding belonging to the same bank when the account closed—we have a system of entering blank forms when they are returned, but none of these have been returned—this cheque was presented about 18th October, and returned marked "No account"—I know nothing of Mr. Goodenough, the drawer—this pass-book (produced) was made up for the trustee after the account was closed, and while there was only 6s. 11d. these three cheques were presented signed by Matthews and Co.—they were returned dishonoured—one of them was for 26l. 16s. 6d.—they were returned dishonoured—one of them was for 26l. 16s. 6d.
Cross-examined by MR. PURCELL. I have here a book of returned unpaid cheques and bills—the third cheque of 13th September for 51l. seems to be a bill—I have no particulars when it was drawn—it was presented to us through the clearing-house by the National Bank, and returned to them—I cannot tell whether it was a bill—it would not be our duty to protest it—this book says that it was an acceptance—the cheque which closed the account was one out of the cheque-book—we purchase blank cheques, which are not used—I am able to say that the cheque which was cashed by Mr. Woodley was not given over the counter—one of the cashiers received it from him—it is not here—I was not present—my information is from what he has told me, and the cheque is in our book—the cheque was not purchased over the counter—the cheque for 26l. 9s. was returned unpaid—the entry was made by a clerk who is not here.
CHARLES WOODLEY . I am a chartered accountant, of 1, Basinghall Street—I knew Bode, trading as F. Matthews and Co. at 64, Basinghall Street—he was adjudicated bankrupt on the creditors' petition about 13th August, and I was appointed trustee on 1st September—I went to the premises that day to take possession in the interests of the creditors, I only found a few empty bottles, but nothing belonging to the bankruptcy—I traced the goods by some straw, to Gurney, Son, and Co., 6, New Basinghall Street, where I found the two prisoners together and some empty bottles and some cases of tools, which I said I should take away as part of the estate of Matthews and Co.—there was also a box of papers and circulars, but no ledgers or journals—I found one book with 20 invoices
pasted into it—I sold the tools and other things—they fetched 2l. 10s.—no statement of affairs was filed—I think from what Bode has told me that his liabilities are about 2,000l.—the 2l. 10s. and the 6s. 11d. which I drew out was all I realised—I afterwards received from Mr. Botwright this box (produced)—it contained a pass-book and some paid cheques also (?)—I cannot say where I obtained the cheque by which I drew out the 6s. 11d.—on 7th December I examined Bode, and asked him to produce his blank cheque-book—he promised to let me have it the next before—I think Littlechild saw Bode in my office, and they had some conversation at Mr. Verned's office—I went on there with them.
Cross-examined by MR. PURCELL. One of my clerks received this cigar box in my presence, and it was opened within half an hour—it was brought by one of Mr. Verned's clerks—the cheque by which I drew out the 6s. 11d. might have been a loose cheque in the box—I filled it in and presented it myself—I drew it at the bank—I was under the impression that there was a large balance there or I should not have gone there—I cannot recollect whether the cheque was given me over the counter.
RICHARD BOTWRIGHT . I am managing clerk for Mr. Verned, a solicitor—I acted for Bode in his bankruptcy—he did not hand me a blank cheque-book—a cigar-box was handed to me with papers, and a bankers pass-book in it—that is all the books or papers I received.
Cross-examined by MR. PURCELL. The cigar-box was left at my office—I examined it when I came in—I did not take a note in writing of the contents.
Cross-examined by MR. PURCELL. This is the pass-book, and at the bottom of it is a cheque for 26l. 6d. paid—that is not the cheque which I refer to as being unpaid, that was for 26l. 9s.
RICHARD POTTING . I am landlord of 6, New Basinghall Street—I know Dale—he came on 1st August and took my first floor as Francis Gurney and Co.—he entered into this agreement (produced) on 1st August, 1881, and this is his signature—he left the next month without paying any rent.
Cross-examined by MR. COLE. I did not appear at the police-court.
ROBERT WALKER . I am the landlord of 1, Laurence Pountney Hill—I know Dale as F.A. Gurney—on 31st August he took some cellars of me and signed this agreement (produced) in my presence—he paid me 2l. in advance for the half quarter, but I got no more—he referred to T. B. Campbell and Co., 17, Old Tower Street—I saw very little business going on, but I was at the front and he at the back.
FRANCIS STRATTON . I am clerk to Martin Hall and Co., electro-plate dealers, of 28, Bouverie Street, Fleet Street—I know Bode by sight—on 11th November he called and brought this card, "Gurney, Sons, and Co., wine and spirit merchants, 1, Laurence Pountney Lane, E.C."—he wanted drawings of tea and coffee services, which he had to send out, two sets to a customer abroad—we received this letter next day. (Selecting from the drawings two tea and coffee services at 20l. 7s. and 20l.—cast in one month, and giving W. Dare as a reference. Signed, "Gurney, Son, and Co., per C.B.")—I did not go to Mr. Dare—I packed the goods for shipment
and sent them, and on 16th November I received this letter. (Ordering a kettle and stand to match the coffee service, and asking for a duplicate invoice without discount. Signed, per Gurney and Son, C.B.)—it is not the custom to send duplicate invoices without discount, to go abroad—on 16th or 17th November I went to Laurence Pountney Hill and saw Bode; I asked him if he would let me have a piece of one of the services to make a kettle to match—he said that he could not because they had gone forward—on 18th November I received this letter. (From Gurney and Sons, requesting to know how long it would take to make a kettle from the drawings.) we did not execute that order—these are the goods (produced).
Cross-examined by MR. PURCELL. Bode saw me first—I did not understand that he wanted the goods for himself—I went to the address given and found Bode standing at the cellar door—that was a little after 10 o'clock—I did not want to wait—Bode did not say that he could not tell me anything till Gurney came—I saw a padlock on the place—he gave me the information I asked for—the understanding was cash in a month.
Re-examined. The invoice was 30l. 7s.—we have got no money.
JOSEPH RAPER . I am a pawnbroker, of 32, Great Queen Street—I know both prisoners—on 16th November they both came and pledged these two plated tea and coffee services—I lent 6l. on each, and paid the 12l. to Bode—these are the contract notes—I had not transacted any business with Bode for 12 months, but I had seen him there—I believe he showed me some samples of knives on 16th November similar to these produced, but they were only samples.
Cross-examined by MR. PURCELL. I did not know Dale—he did not ask for 15l.—I offered 9l. or 10l.—Bode did not suggest 12l., nor did I agree to give it if he took the pledge upon himself—Bode did not introduce Dale—the pledge was in Bode's name.
CHARLES WILLIAM ADDIMAN . I am assistant to John Nowel and Sons, cutlers, of 32, Hatton Garden—on or about 31st October Bode called and gave me a card with "Gurney, Sons, and Co." on it, and asked for patterns of table cutlery—they were shown to him, and he took the prices down in a pocket-book of Nos. 435, 448, and another number, and said that they were for abroad—three days afterwards he came and brought a pattern, and asked why our goods were so expensive, and said that he should want six sets of articles which he named—I afterwards received this letter confirming the order, and stating that they were to be packed in a tin-lined case, and nailed up in the ordinary way—we send goods abroad, and I saw that done—some of the samples are here, No. 448—I sent them by messenger to Suffolk Lane, and an invoice for 32l. 11s.—we have never been paid.
Cross-examined by MR. PURCELL. This is the first time I have given evidence—Bode was a stranger to us; he presented the card, and said that he represented that firm.
EDGAR GEORGE HARRISSON . I am secretary of the Kanzra Valley Tea Company, of 3, Robert Court, City—about 30th October Dale called and presented one of these cards (Gurney, Son, and Co), and asked if we would sell him some tea—I sold him three chests, value 24l., and asked for a reference—he referred to Mr. Cameron, 7, Little Tower Street—I wrote to Mr. Cameron, but got no answer, but I let the tea go—on 8th September we received this letter. (Ordering five chests of the same tea, or 10
half-chests, signed Gurney, Sons, and Co., per F. B.)—we sent them—the value was 64l. 12s. 6d.—we have never been paid—we received an application for five more chests, which we did not supply.
Cross-examined by MR. COLE. I was not at the police-court—I do not know who prosecutes this case.
JOHN GEORGE LITTLECHILD (Police Inspector). I received instructions about 20th October—I did not know Bode then—I went to Matthews and Co., but found the place closed—I then kept observation near Lawrence Pountney Hill, and on 2nd November, about two o'clock, I saw Bode with Mr. Woodley at a public-house at the corner; I told him who I was, and said that a cheque from his book had been uttered at Mr. Whiteley's—he said that he knew nothing about it, his cheque-book was given up to his trustee in bankruptcy—he denied all knowledge of the cheque—I accompanied him to Mr. Verned's, his solicitor; we saw Mr. Bottomley, who said that he knew nothing about the cheque-book—Mr. Woodley was present, and said that he knew nothing about the cheque-book—I said to Bode, "Surely you can give me some idea about that cheque?"—he said that he could not, and I left him—I kept observation on the house, and on 16th November, at five o'clock, the two prisoners came out, each carrying a parcel; they got into an omnibus at the Mansion House, and I got outside—they got out at Oxford Street, and I followed them to Mr. Raper's—when they left I went in and spoke to Mr. Haper, and then went to Scotland Yard and saw Oram, who had been keeping observation with me—on the 18th I received a warrant for Dale's arrest for uttering this cheque, and on that day I went to Lawrence Pountney Hill, and saw the two prisoners together—Bode was writing a letter—I said to Bode, "I think you remember me?" he said "Yes"—I said to Dale, "I think your name is Dale?"—he said "Yes"—I said, "I hold a warrant for your arrest for uttering a cheque for 52l. 10s., with intent to defraud Mr. Whiteley"—he made no reply—I said to Bode, "I shall likewise arrest you, and charge you with being concerned in uttering the cheque"—he said, "What have I to do with it? I know nothing about the affair but what I told you the other day, why did not you arrest me then?"—I said, "I thought you were a respectable man, but finding you in company with this man it is a different thing"—he said, "I merely came here to receive my letters; that gentleman receives my letters"—I asked for the key to lock the place up; Bode took it from his pocket and handed it to me—they were taken to Paddington Policestation, where this deposit note was found on Dale, and these knives were taken from Bode's pocket in my presence by Inspector Lansdowne, who is very ill—I went next day to Lawrence Pountney Hill, and under a ladder leading to the cellar I found another pocket-book, which I showed to Bode, who said that it was his—I found in it this other deposit note, marked "Bode, No. 1"—I said, "Here is your pocket-book—he said, "Oh, yes; don't show it; it is only betting transactions"—I took this other pocket-book and papers from Dale—the deposit notes were each in their respective pocket-books—Nowel's invoice for the knives was in Dale's pocket-book—my impression is that this is the letter Bode was writing. (Signed "C. B.," inquiring about fifty boxes of cigars ordered on the 10th of Messrs. Robinson.) I searched the premises, and found in a box in the cellar some more knives and forks wrapped in brown paper, and put away with some rubbish—on comparing
them with the invoices I found that some were missing—I saw part of a tin case which had been cut up—Dale applied at the police-court to have a ring given up, and I saw him write this authority.
Cross-examined by MR. COLE. That was for my protection; it emanated from me, not from the solicitor for the prosecution—I did not get it for the purpose of getting his writing, I could have got plenty of that if I wished it—I have not subpoenaed Mr. Chabot—I have seen him here—this is not a Treasury prosecution; it is Mr. Whiteley's, I believe—Oram said that the man who uttered the cheque was dressed in dark clothes—I did not tell Bode that the man who cashed the cheque wore a light overcoat—Oram said that he was a middle-aged man, thirty-five years of age or older, preserved, with a military appearance, and shaved clean.
Cross-examined by MR. PURCELL. I told Bode at the police station that probably other charges would be made against him—I did not charge him with obtaining the dinner and tea service by fraud.
CHARLES CHABOT . I am an expert in handwriting, of long experience—I have compared this, cheque with the letters and the two agreements—all the body of the cheque, except the date, is in Dale's writing—I have got the document written by Bode, and I say that the "Oct. 17" and the "81" is Bode'e writing.
Cross-examined by MR. COLE. I was first concerned in this case last Thursday, by Messrs. Harrisson—I don't know who they prosecute for.
GUILTY . DALE had been previously convicted of a like offence.— Five Years' Penal Servitude. BODE — Eighteen Months' Hard Labour.
114. GEORGE FRANCIS BROMLEY (28) , Feloniously sending to Charlotte Kemp a letter demanding money, with menaces, and without any reasonable or probable cause. Upon the opening speech of MR. FULTON, for the Prosecution, SIR HARDINGE GIFFARD, for the Prisoner, contended that a threat to take legal proceedings was not such a menace as came within the meaning of the Statute, and did not amount to an offence, the same thing being done by solicitors every day. (See Reg. v. Allen, Central Criminal Court Sessions Paper, Vol. LXXVIII , page 430.)—MR. FULTON submitted that this case was different to Allen's case, as here no money teas due, and therefore this was a case for a Jury to decide.—The RECORDER considered that the ease did not fall within the meaning of the Statute, the letter being only a threat to enforce a legal remedy.
MR. DOUGLAS Prosecuted; MESSRS. FRITH and LEVY Defended.
THOMAS FITZGERALD . I live at Tavistock Chambers, Covent Garden—on Sunday, 16th October, about midnight, I was in Great St. Andrew's Street, and was surrounded by six or seven people and tripped up—I fell on my back, and felt hands all over me and in my pockets—I missed my watch-chain, but not my watch—I got up and shouted "Police!" and they ran away—I cannot identify any of them—it was a dark night.
WILLIAM DODGE (Policeman E 316). On Sunday morning, 6th October, about 12.30, I was in Great St. Andrew's Street, and saw Mr. Fitzgerald struggling with the prisoner and three others—the prisoner seized him by his right arm, threw out his foot, and tried to trip him up—he shouted "Police!"—I gave chase, and caught one of them—the prisoner escaped, but I followed him some time—he is the man.
Cross-examined. I was 20 yards off when I first saw him, but I was not 10 yards off when they started off—they did not run till he had shouted several times—I saw the prisoner kick him when I got closer—one was on each side of him, one behind him, and one in front—they hemmed him round—the prisoner faced me, and the others had their backs to me—I was in uniform—it was rather a light night—the prisoner had on much the same sort of coat as he has now—I cannot say whether he had that necktie—I gave evidence here a Session or two ago against Johnson, and swore that I could identify the colour of a coat and the material 20 yards off—the Jury acquitted him of the felony, but found him guilty of an assault.
Re-examined. I got within a yard of the prisoner when he turned round and came back, and then I took Johnson—I had a clear view of the prisoner, and gave a description of him—I looked out for him after that night.
ALFRED LANE (Policeman C 128). I was on the look-out for the prisoner from the description given me, and took him on 21st November in Castle Street, Leicester Square—I told him the charge—he said "If I had seen you to-night you would not have caught me to-night"—I had chased him two or three times before, but he is an expert in running.
Cross-examined. I knew before that his father lives somewhere in Broad Street, Golden Square, and I kept observation there night after night—if I had gone from house to house instead of waiting six weeks, somebody would have told him I wanted him—I did not know his father's number, and it is a very long street.
Witnesses for the Defence.
TERENCE MCMAHON . I am a journeyman tailor, of 36, Broad Street, Golden Square—on Saturday, 15th October, about 9.45 p.m., I came back from market—I fix the date because I was very busy that week—I did not go out again that evening as I was too tired—I had been up all the night before—when I came in I saw the outline of the prisoner on the bed he usually occupied and the outline of his younger brother beside him—I rested satisfied that he was there, and did not take the sheet off his face; he generally lies like that—I went to bed at a few minutes before 1 a.m., and at 20 minutes to 1 I gave him some water, and he asked me if I had got paid for a velveteen coat—I said "No"—he was then in bed—I had a new street-door key, which I kept in my pocket—there was only one.
Cross-examined. The new lock was put on between two and three months ago—I saw the outline of my son about 9.45, and it seemed that his face was turned towards me—when I went out to market between 7 and 8 o'clock my son was sitting on the bed with his clothes on—I deny saying to the Magistrate "I came from market about 9.45, I will not be sure that I saw him then"—he slept in the same room with me then—I unfortunately forgot to tell the Magistrate that I spoke to him at 20 minutes to 1 o'clock because I was plagued with another question, but I said that I sat up till 12.30 reading the paper.
Re-examined. This is my book of work (produced); here is the entry of the velveteen coat—I put it down on Saturday, 15th October, to get paid for it, but I did not, because it was not made, and I put it down again and did not get paid for it because it was not finished—I am a good deal deaf.
ANNIE MCMAHON . I am the wife of the last witness, and am the prisoner's mother—on 15th October I went to market with my husband, leaving the prisoner at home, and when we returned he was in bed—I did not see him that night, but I awoke a little later, and heard him ask my husband if there was any water—that was not very long before my husband came to bed—I feel convinced that the prisoner did not leave the place between our coming from market and that conversation, for I am a very light sleeper, and I should inevitably have heard him—I was asleep before 11.
Cross-examined. I remained asleep till I heard my husband speaking—I do not know what time that was because I was in bed—I saw the prisoner in bed when I returned from market—I did not see his face, but saw part of his forehead—I told the Magistrate that his head was covered by the sheet—I did not wish to wake him up because he is a very light sleeper and is in bad health—it was not his little brother's forehead that I saw; he is a good deal younger.
MARIA MCMAHON . The last witness is my mother—I was examined at the police-court on a Wednesday, I think, and on the Saturday before that, which was about six weeks ago, my brother was in bed reading a book called Young Folks, the date of which was 15th October—I have not got a copy with me—I was reading it that Saturday evening, and my brother was in the room all the evening—I went to bed about 20 minutes to 10—he was then in bed—I slept in the next room and saw him again the next morning—he sleeps with a younger brother nine years old.
Cross-examined. I like that paper, and there was a new tale in it—I read it every Saturday night—my brother always lives at home—I saw him go to bed that night about 8.20—it was Saturday, 15th October—he generally goes to bed at 10 or 11 o'clock—he sometimes goes out at night about 8 o'clock—he works with my father—there is no general time for leaving off—I don't know that he sometimes keeps out late on Saturday night.
FREDERICK HUTCHINGS . I am a tailor—I know the prisoner—on Saturday, 15th October, about 9.30 or 9.45, I went there for the remainder of my money—I had closed my work on Monday the 10th, and that makes me remember the date—I stayed there half an hour, and left at 10 o'clock—I had been working for McMahon—I made the velveteen coat, but it was not finished.
NOT GUILTY .
OLD COURT.—Thursday, December 15th, and Friday, 16th, 1881
Before Mr. Recorder.
MESSRS. POLAND and HORACE AVORY Prosecuted; MESSRS. EDWARD
CLARKE, Q.C., and GILL Defended.
PATRICK DUDGEON . I have private means, and reside near Dumfries, in Scotland—I was formerly in business in China—in the beginning of 1876 I was looking for some employment for my son, Charles John Dudgeon, and about that time I was introduced to the defendant, who was a partner in the firm of Chalmers, Mackintosh, and Co., out at Shanghai, in
China, I had some conversation with him about my son' going out to China, and it was ultimately arranged between me and the defendant that my son should go out to China to join the firm—my son went out about six months after that, as a clerk, with the understanding that he was to become a partner after a certain time, which he did—that was about July, 1878—the next occasion on which I saw the defendant was in December, 1879—he came to see me at Cargan, Dumfries; he informed me that disputes had arisen between himself and Mr. Mackintosh—I had heard that previously, and I then understood that the partnership was to end at the end of 1879, and that a new partnership would have to be entered into—some discussion then took place as to my son continuing in the firm with either Mr. Chalmers or Mr. Mackintosh, and ultimately I left it to my son to decide, intimating that I should like him to remain in partnership with Mr. Mackintosh, and my son did so decide—in December, 1879, when the defendant saw me he told me of information he had obtained about Mr. Mackintosh, that he had made a disreputable failure in Glasgow, and that he had tampered with documents, and that he had got corn into his possession which he had no right to, and that he had absconded, to get away from his creditors—upon that I at once made inquiries into the matter—I think Mr. Mackintosh was in Scotland at the time, and I asked him to call at Cargan, and I saw him—I made other inquiries in the matter—I spoke to Mr. Mackintosh when he came to Cargan, and he denied the accusation and said" I will send you a letter to convince you"—he sent me this letter in the handwriting of the defendant. (This stated that he was convinced, after inquiry, that the imputations against Mr. Mackintosh were unfounded, that he was prepared to refute them whenever made, and that there were many things which redounded to Mr. Mackintosh's credit.) I did not tell Mr. Mackintosh the whole that I had heard from Mr. Chalmers, I merely mentioned that Mr. Chalmers had stated that he had made a disreputable failure, and that he had left the country in consequence—I did not mention that Mr. Chalmers had charged him with having tampered with documents and got the corn improperly into his own hands—I did not like to make an imputation of that kind without being more certain—after that my son entered into partnership with Mr. Mackintosh and Mr. Beauchamp, and they are now carrying on business in London and Shanghai—my son is now at Shanghai managing the business there—I had previously written a letter to the defendant at the beginning of 1880 with reference to my son—there was some matter with reference to Mr. Chalmers's dealings in China which I wanted cleared up—from that time I heard no more of the matter until October this year—on 23rd October I received by post this letter (A) in Mr. Chalmers's handwriting, that enclosed this other letter (C), I took that copy of it (B), and returned it to Mr. Chalmers with this letter (D). (The letter C was the alleged libel; it purported to be written to the defendant by his solicitor, F: C. Matthews, and described an interview between Mr. Neale and Mr. John Munn, jun., in which the latter was alleged to have stated that Mr. Mackintosh had fraudulently obtained possession of certain corn when in business at Glasgow, that he had bolted from there with a girl, that being followed by Mr. Munn and detectives to Ascot, that he had there changed clothes with the girl and escaped; that he was subsequently traced to Aix la Chapelle, where he was captured by Inspector Tanner and brought back to this country. The letter D was dated 24th
October 1881, and expressed surprise at the contents of the above letter, especially after having seen the defendant's letter exonerating Mr. Mackintosh from the charges.) I afterwards came to London and saw Mr. Matheson, who is an old friend of mine, and who I knew had been shown the latter, and afterwards I saw Mr. Mackintosh and showed him the letter, and a few days after these proceedings were commenced—I know that in 1880 an arbitration was appointed as to the disputes—that fell through.
Cross-examined. It was in 1876 I first contemplated my son joining the firm of Chalmers and Mackintosh as a clerk—originally it was in contemplation that he should be a partner—after serving as a clerk for about 18 months he became a partner, and I found the capital for him—the arrangement at present is for my son to be at Shanghai representing the present firm, Mr. Mackintosh being in London, and having the control of the business in England—I do not know Dr. Chalmers, the defendant's father—I never met him—I was introduced to the defendant in 1876, through a friend of his, a partner in the house of Baring and Co. of Liverpool—I have known Mr. Matheson very many years, we were boys together—he is a gentleman of very high position in the City; he is a merchant—I believe he is in the China trade—when Mr. Mackintosh came to see me in 1879 or the beginning of 1880, he denied the accusations that were made against him—he came to me immediately after his arrival from China—he told me then that he had failed in business as a corn dealer in Glasgow—I had known that before—I don't think I entered into particulars with him on the subject—I don't remember that he told me he had paid all his creditors—he certainly told me that he had settled with them—in my letter of 24th October, I mention that Mr. Chalmers's letter was shown to me before my son consented to join Mr. Matheson in business—that referred to the letter in which he mentions the information that his brother had given him—assuming that the matters contained in this letter had been true, it would of course have been Mr. Chalmers's duty to communicate them to me; it would have enabled me to protect my son's interests, which are considerable.
Re-examined. Mr. Matheson either told me at the time he called at the beginning of 1880, that he had failed in Glasgow, or before, because I knew it—I did not go into details at all with him—I do not recollect much more than the mere fact—Mr. Munn's name was mentioned—he told me that he had settled with Mr. Munn—I don't remember his mentioning any other creditor's name—I have been in China for years.
HUGH MACKAY MATHESON . I am a member of the firm of Matheson and Co., merchants, of Lombard Street—we are agents for the China house of Jardine, Matheson, and Co.—I have known the defendant for some time, and his father, Dr. Chalmers, for many years—I have not known Mr. Mackintosh at all—I think I heard that he was a gentleman who was connected with Mr. Chalmers, but I knew nothing about it—about 20th October this year the defendant called on me at my office in Lombard Street, and showed me a letter from his solicitor—I believe this (produced) to be the letter (marked C)—he had sent me a note in the forenoon requesting to see me upon an important matter upon which he wished my advice, and when he came in he explained generally the matter, that there was a disagreement with Mr. Mackintosh, and that in consequence of that he had been making inquiries as to the history of Mr. Mackintosh prior to their partnership, and that he had received this letter, which he
was anxious I should see and advise him what to do with it—I don't think he said what the particular nature of the disagreement with Mr. Mackintosh was; some matter of account, I understood—I read the letter, and knowing the relation of Mr. Dudgeon to him I said it was his clear duty to send the letter to Mr. Dudgeon, sen., that he might know it—I don't think he said anything about any imputations on his own character, or what caused him to make these inquiries about Mr. Mackintosh, beyond that he had heard things about him—I had not the remotest interest in the matter except as a friend of Mr. Dudgeon—the defendant had never consulted me before, or asked my advice in reference to his partnership with Mr. Mackintosh.
Cross-examined. I have for very many years been intimately acquainted with Dr. Chalmers, and for the last fifty years with Mr. Dudgeon, on terms of friendship—Mr. Chalmers said this was a matter of grave importance to him, and that he desired to have my advice as one of his father's oldest friends.
JAMES GEEVES HOOTEN . I am a merchant in the China trade, of Palmerston Buildings, in this city—I know the defendant—I knew Mr. Mackintosh before these proceedings—I knew that they had been in partnership—about 20th October the defendant called at my office and showed me a letter—to the best of my belief this is the letter (C)—I read it and returned it to him—I do not remember his saying anything of importance—lie gave no reason for showing me the letter—at the time I was reading it I believe my son, Stanley Hooten, came in, and I think he also saw the letter, but I am not sure—the defendant mentioned Mr. Matheson's name—he simply said he had shown the letter to him.
Cross-examined. We have had business relations with Chalmers; Mackintosh, and Co.—we made arrangements that the partner who came over here should share our private rooms, and write their letters there—Mr. Mackintosh did first, and Mr. Chalmers afterwards, when he came over—that began, I think, about '74, and lasted two or three years—I am a creditor of the firm of Chalmers, Mackintosh, and Co. (which has been dissolved), to the amount of more than 1,000l. atone time; at present it is much less—I have not been wholly paid—I don't know whether I was the only trade creditor—I refused to become a party to the deed of dissolution; I was asked to do so, I forget when, at the time they were dissolving, that would be about the beginning of 1880; I declined then to sign the deed of dissolution, because I wished to have the security of Mr. Chalmers as well us Mr. Mackintosh—I did not want to release Mr. Chalmers—it did not pass through my mind why Mr. Chalmers showed me this letter; it did not strike me as unnatural—I should think my debt now is about 100l. or 200l.—the last payment was received about two months ago—I did not communicate to Mr. Mackintosh that I had read this letter.
Re-examined. If I had believed the account then given of him it would not have raised him in my estimation—his solicitor called on me—how he found out that I had received the letter I do not know—I believe the deed of dissolution proposed to release Mr. Chalmers, and Mr. Mackintosh would have taken over the liabilities of the firm; I declined that, so that the old firm were liable to me—the remittances paying me off have been made by Mr. Charles Dudgeon, jun., Mr. Mackintosh's partner; that firm is still going on.
LACHLAN MACKINTOSH . I now carry on business under the firm of Mackintosh, Dudgeon, and Co., at Shanghai, and in London as H. L. Beauchamp and Co.—we are still carrying on business in the China trade—I was a partner of the defendant's from 1st January, 1874, to 31st December, 1879—the deed of dissolution was dated in April, 1880, but it was to date from the end of the previous year—differences existed between us, and I and my partner, Mr. Dudgeon, jun., took proceedings against Mr. Chalmers to recover certain moneys which I claimed as being due to me, which proceedings are still pending—there was first an arbitration; that was repudiated by Mr. Chalmers—there was first a private agreement for arbitration, Mr. Chalmers objected to that; then it was made a Rule of Court, and his wife intervened—before I was in partnership with Mr. Chalmers I was myself in trade in China from April, 1867, to the end of 1873—I was first at Hong Kong in the employment of a bank, then a bill broker and commission agent, and carried on that business satisfactorily—my salary at the Hong Kong bank was about 450l. a year—I was nominally private secretary to the chief manager, but I joined the bank on the understanding that at the end of the year they would open an agency in Calcutta or Bombay, where they had previously been represented by a Parsee firm, but during the year a great many failures took place in the China trade, and several banks failed, and they decided that they would not open an independent bank; I therefore left the bank—I think I entered their service in the beginning of March, 1866—I had arrived in China in January—my brother was secretary to the North China Insurance Company—I commenced business in Glasgow in 1856, as a broker and agent—I was then 21 years of age—on my twenty-first birthday I was made a partner in the firm of James Steel and Son—three years after that I commenced business for myself, I think about 1861—while in business at Glasgow I had business transactions with a gentleman at Londonderry, John Munn, jun.—he consigned cargoes of oatmeal to me in my own name—the bills of lading were sent to me and the cargoes were lodged in the public store of Matthew Browning in my own name—that was done from time to time—the business was carried on in this way: Mr. Munn would write to me saying that he had made a shipment of a certain quantity of oatmeal by a certain steamer, and enclose either the ship's receipt or a bill of lading for it, and he would send me over a bill drawn for me to accept on account of the cargo, which bill I would accept and return to him at Londonderry; he would discount it, and it would come over to me for payment, through one of the Scotch banks, and I should have to meet it when it became due—I did not sell the cargo; I sold a small portion—I either got a bill from Mr. John Munn with his acceptance and discounted it with my own bankers and took up my acceptance to him, or I would pass a cash order on Mr. John Munn if I was specially instructed to do so, and get the money to take up the bill—the bills were generally sent to me accepted in blank and I filled up the body of the bill afterwards, put my name to it as the drawer, and got the money—that was as near as I can say the practice at that time—I think that went on for two years—I think altogether there were about 1,300 loads—I sold about 200—Mr. Munn wanted to get a better price for them or I should have sold more—the price went down and the quality of the goods was deteriorated, so they suffered in both ways—I
was not always able to discount Mr. Munn's acceptances; one of them was returned and came back to me through the bank; then, as far as I remember I wrote to him for an explanation, and he asked me to pass a cash order on him for the amount, and I did so; that also came back unpaid, and I then got an advance from Messrs. Clark and Co. upon a portion of the meal to put me in funds for money that I was out of; and sometime after that, about the beginning of 1865 or the end of 1864, Mr. Munn being in Glasgow, I said to him that my bankers had spoken of the continued redrafts and renewals, and that my discount facilities were very limited, and that I should not be able to discount any more of his paper—Mr. Munn then said to me that his discount facilities were also very limited, and that his bankers had raised objections, and that he was afraid he would not be able to draw upon me any more—I said "The meal has been kept a long time, it has not risen in quality, and the market does not appear to be improving, what are we to do with it? Besides that, the bills in circulation against it are much more than the value of the goods"—he said "Well, you have the goods, and you had better get money on them and retire the drafts as far as that will go"—the bills then out were as far as I recollect of greater value than the value of the cargo—I then went to James Clark and Co.; that firm has ceased to exist; Mr. Browning is dead, and his stores are abolished; I told Mr. Clark that I had a quantity of oatmeal which we had held for some time, and I pledged the oatmeal with him, and raised money upon it from time to time—I always had an open account with Clark and Co.; we used to turn over a good many thousands a year—I ultimately stopped payment about the end of May, 1865—there was a bill of Mr. Munn's for 300l. due on 31st May; some time before it came due Mr. Munn sent me a blank bill stamp to fill up for 300l. with his acceptance across the face of it; I asked my banker whether he would discount it; he said he would not; I then went to James Clark and Co., and told them I required a further advance upon the oatmeal, and they told me that the state of my general account was such that they could not advance me any more—I represented to Mr. Clark that this oatmeal was to be put to the special account—he said he had put it to the general account, and he could not afford to give me any more advances; that he did not know anybody but me in the matter—I then saw that I could not meet this bill on the 31st of the month; I considered that Clark and Co. ought to have put these advances to the special account; I then stopped payment—I left Glasgow on 30th May; I had a friend there named G. W. Scott; he is dead; I first wrote a private letter to Mr. Munn telling him that I should not be able to take up the bill, and then I told Mr. Scott the position in which I was placed—he was a merchant and commission agent in the same business as myself; I consulted with him and left him to arrange with my creditors in my absence—he knew I was going; I communicated to him my position with regard to Mr. Munn—at this time my sister Kate was living at Bonn, in Germany; I heard that she was seriously ill—I had corn transactions with Mr. John Christie, of Londonderry—I never heard of Mr. McCall; there is a Mr. McCorkill; I had business transactions with him—I never had a relative of the name of McEwan; there is a tailor of that name—it is not true that corn was stored in those three names, and that I forged delivery and other orders to put the corn into
my own name—I never forged any delivery orders, or other documents of any sort connected with that transaction, or anything else—I constantly wrote to Mr. Munn as to the state of the market—it is not true that I bolted from Glasgow with a girl; I came to London and slept one night at Llewellyn's Hotel, Duke Street, St. James's; that was not the night of Saturday, the 10th June; I think it was the 2nd June; I had been in the habit of stopping at that hotel three or four years; I always stayed there in my own name; I was well known there as a visitor—I left London for the Continent, I think, on Sunday evening, the 11th June; I had in the meantime frequently written both to Mr. Scott and Mr. Munn; I had also telegraphed to Mr. Munn—it is untrue that I went to Ascot on that occasion; I never was at Ascot in my life; I went to Epsom—I never changed clothes with a girl and by that means escaped from the detectives; it is pure fabrication; there is not the slightest foundation for it—to my knowledge there was no criminal charge against me at the time I left England; I had never heard of a warrant being applied for—I went to Aix la Chapelle and stayed there at Mulen's Hotel in my own name; the porter who was there at the time is here with the hotel hooks—I arrived there on 12th June, I believe, and was there to the middle of July, when I came back; I was ill there for about 10 days or a fortnight—I brought my sister back to England with me on the 15th or 16th July; she was very ill at the time, and died on 2nd October following—it is not true that while I was at the hotel at Aix a detective officer came to me—I had no lady living with me there—I did not burst into tears and beg forgiveness; there was nobody to beg from; it is all a pure romance—I never saw Mr. Munn at Aix la Chapelle; the whole thing is a fiction—on arriving in England I wrote to Mr. Scott saying that I would meet him in Glasgow, and, as far as I remember, he telegraphed to me that he would meet me at Greenock—I met him there the next day, and afterwards went for two or three days to Argyleshire—civil proceedings were taken against me with reference to my debt to Mr. John Munn, jun.—my solicitor was Mr. William Moncrieff, of Glasgow, who is dead; Mr. Hannay was solicitor on the other side—the action was brought against Clarke and Co. and myself jointly; an arrangement was come to between the solicitors, and I insured my life—on 26th February, 1866, I received a letter from Mr. John Munn; this is a copy of it in this press letter-book; it is in the handwriting of Mr. John Munn, jun.; I put the original in the fire some time after (This letter contained the withdrawal by Mr. Munn of all charges against the witness)—these were charges in the civil suit between Clarke and Co. and myself as to my right to pledge and Clarke's to appropriate Mr. Munn's oatmeal—I refused to come to any arrangement until Mr. Munn apologised and withdrew the charges, and he sent me that letter; an arrangement was then come to that I was to pay 450l. or 500l. to settle Mr. Munn's debt, and I gave security by insuring my life—I sent Mr. Munn the 450l. after I went to Shanghai—this is Mr. Munn's signature (This was dated 1st January, 1868, and stated that in consideration of 450l. paid by the witness, Mr. Munn exonerated him from all claims, debts, and demands)—upon that discharge being given me by Mr. Munn all disputes with him were at an end, and the bills were returned to me—at the time I received the letter of 26th February, 1866, I had never heard of any charge of forgery against me, or any criminal charge, except what was said by Mr. Munn in his civil
suit, stating that I had no right to pledge the meal to Clarke and Co.—I was never sequestrated; I threatened to go into sequestration unless Mr. Munn would apologise—during the tune of my trouble I wrote confidential letters to my brother in China, making him acquainted with my affairs—while I was in China I received this letter from Mr. Chalmers of 5th February, 1874; it is a business letter (This stated that the witness's brother had been, and gone very fully into the matters connected with his transactions in business in this country, that he was now prepared to give a denial to the injurious reports, and was satisfied that there were many things that redounded greatly to his (Mr. Mackintosh's) credit)—from February, 1874, until my difference with Mr. Chalmers in partnership matters I was on friendly terms with him—of late I have been in London and Mr. Chalmers has been in China—I have had charge of the London accounts, and produce them—I never altered the London accounts to the detriment of Mr. Chalmers, or tampered with them in any way, or caused them to be altered—they were perfectly accessible to Mr. Chalmers; he has had them frequently—I have not the slightest idea to what the charge of altering the accounts points; I should be glad if he would point it out—I never thought of disappearing when I heard of this imputation—I consulted my solicitor, and appeared at the Mansion House—I have none of the papers relating to Glasgow—my brother is here.
Cross-examined. I was about five years in business on my own account in Glasgow—I commenced business in partnership with Steele and Sons; I was then 21; that was on 2nd September, 1856—I was three years with, them, and then I commenced by myself in 1860—I will not undertake to say that I was in business in Glasgow on my own account before 1862; I cannot recollect the exact time of my separation from Steele and Sons—my office was in the Corn Exchange Buildings; I had two rooms, a private and a public room—I lived in several different lodgings in Glasgow—in May, 1865, I was lodging in Bath Street; I forget the number; the landlady was a Mrs. Scooler, I think; I had a bedroom and sitting-room there; I took them furnished—at the time I left Glasgow, at the end of May, 1865 my total liabilities were considerably within 2,000l., I cannot remember exactly to a hundred or two; that includes Mr. John Munn's claim, which was fixed at 1,500l. when I left; it was fixed by Mr. Hannay, Mr. John Munn's solicitor, at that nominal sum, for the purpose of settlement; I don't know whether that was a smaller sum than it had been on the books; Mr. Munn agreed to take his claim on the valuation of his meal—1,300 loads of meal had been sent to me; they were consigned to me to be sold on account of Mr. Munn—I never remitted any money to Mr. Munn in respect of those goods; I had to pay Mr. Munn's bills—I don't know how much I paid on his behalf in respect of those goods—some of the bills were taken out of sight altogether—I did not arrive at any balance as to what I owed—he agreed to take 1,500l. as the amount of his debt—there were a great many bills taken up or renewed—I was not dealing with Mr. Munn, senior; with Mr. Munn, junior—I cannot tell how much money I borrowed on the security of this oatmeal; I got several amounts; I cannot tell you within 50l. or 100l.—I think it was in December, 1864, or January, 1865, or February, perhaps—I think I only paid one bill on account of Mr. Munn out of the money so raised; I forget how much it was, 200l. or 300l.; these things have passed from my memory—Mr. Munn was my principal creditor.
By the COURT. The bills had to be met, and I had to handle the securities to do it—Clarke and Sons, from whom the advance was obtained, retained the securities—they said they had a general account with me, and would not give any more money, and the balance was against me—the consignor could not get the benefit of his goods that way—Clarke and Sons said they had received the delivery orders from me, and recognised nobody else.
By MR. CLARKE. I had transactions with Mr. Christie while I was in business in Glasgow—he was a miller in Londonderry—I forget who introduced me to him—I have known him for a great many years—I fancy I may have called upon him in the way or business, and introduced myself to him—we had a great many transactions of different kinds—the consignment of meal to me for sale on commission was a part of it, and grain of various kinds—it was not arranged between us that he should draw on me, and that the proceeds of the meal should be applied to retiring the bills—I don't think we ever had such an arrangement—I believe it was the understanding between us that that should be the course of business—I have seen Mr. Christie quite lately—he was frequently in Glasgow—I forget whether he was therein 1865—I do not remember his ever wanting to see his meal in the store—I forget whether I had any meal from him in the early part of 1885, or whether I had it in store; I don't think so; whatever meal I had of his I had sold before that or early in 1865—I can't swear at this distance of time—I do not think I ever raised money on meal that I had received from Mr. Christie—I don't remember obtaining an advance from Clarke and Co. on meal received from Mr. Christie; I don't believe I did—I don't know how much I owed Mr. Christie at the time I left Glasgow; his account was in dispute for various reasons, and if you like I will tell you what those reasons were—I cannot tell you within 50l. or 100l. what his claim upon me was—I say I am not owing him money—as far as I recollect he did not claim 700l.; I think he said 500l., which I disputed—if his account is properly made up, I do not owe him anything, and did not before I left Glasgow—I have never gone into the account—Mr. Christie wrote to me while I was in China,—I have not got the letter—I came back from China in 1876—during the last five years I have not communicated with Mr. Christie with a view to settling the account, because I did not believe I was owing him money—I know Mr. McCorkill—I received, I think, one parcel of wheat from him to sell on commission—that was towards the end of 1864, I think—I forgot where it was stored—I forget what was its supposed value—I can't say within 100l.—I have not the slightest idea; it might be 3,000l. for aught I remember, or 2,000l.—I remember the name of the ship; it was the Village Belle—I paid Mr. McCorkill the whole amount, and closed the transaction entirely, either at the end of the year or the beginning of the year—at the time I left Glasgow Mr. McCorkill had no claim against me whatever, and made none—I have simply said in a general way that my liabilities were well within 2,000l.—I don't admit that Mr. Christie was my creditor—there was only one other creditor besides Mr. Munn, and he was not a creditor in reality, Mr. Scott, of Onan—that is not the Mr. Scott who I left behind to arrange my affaire—he was a trade creditor—that claim was included in Mr. Munn's claim—I had no trade creditor whose name appeared on my books except Mr. Christie and Mr. Scott and Mr. Munn—I
forget now what Mr. Munn's debt was put at in my books—he put it himself at 1,500l.—I forget what Mr. Christie's was put at—Mr. Scott's was something like 100l.—I left no property in Glasgow when I came to London—I had no property except some office furniture—I don't know what that sold for—I told people in Glasgow that I was coming to London to go to the Derby—Mr. Scott had my books, and I had a good many joint accounts with him—I did not employ him to arrange; he volunteered, being a personal friend—I had nothing to arrange with my landlady—I did not owe any rent, I paid up to the day I left—Mr. Scott was to see Mr. Munn, and tell him that I was willing to insure my life, and give him security for the payments if he wished it, and give him a bond to pay him a certain amount within a given time, so that he might not lose money by me—I requested my landlady to give some decanters and other things to Dr. Simpson, which I had promised him—I do not know that she went to Dr. Simpson and claimed 15l. for rent, I never heard of it; if she did, she claimed what was not due to her—I did not owe Dr. Simpson any money, nor do I—I have frequently been in Glasgow since I left it, during July, August, September, October, and November of 1865—I saw no creditors there, I had none—I saw Dr. Simpson frequently, and he wanted me to go and stay with him—the first night I came to London I stayed with my friend Mr. Lyall; he and I drove down to the Derby in the morning, came back together, and I slept at his lodging in Bloomsbury; that was the first day I arrived in London—I did not become aware while I was in London that a constable was over here from the Irish constabulary with a warrant for my arrest—I never heard of such a thing—my solicitor has made inquiries at Scotland Yard, and I have received information from there—I have no recollection of leaving Llewellyn's Hotel on the Tuesday morning without my luggage, and saying that I should be back on the Thursday evening—I went to Manchester, and stayed three days with an old friend who knew me in Glasgow, and then I returned—I met the friend in London on the Tuesday, Mr. John W. Barker—I took with me what luggage I required; I don't know that I left any at the hotel—I arrived in London on the 31st, and that night I stayed with Mr. Lyall at his lodging—on the night of the 1st I slept at the Castle and Falcon in the City, and on the night of the 2nd at Llewellyn's Hotel; on the 3rd I was at my mother's house at Brixton, I was there some days; that is my permanent residence when I am in London; I was there until the beginning of the week, as far as I remember, four days, until I went to Manchester—I did not go to Manchester on the Tuesday—I met my friend that day, and promised to go down—I did not know that Mr. Munn was in London at that time, looking after me—I did not hear that Sergeant Clarke was making inquiries for me at Llewellyn's Hotel, in company with Mr. McCall—I had no idea that any search was been made for me by anybody—I stayed at Manchester until two days before I went to Aix-la-Chapelle, I was in Manchester three days, I then came up to town and went to my mother's house at Brixton on the Saturday, and next day (Sunday) I went to Aix-la-Chapelle—I had waited in town expecting to hear from Mr. Munn, from Londonderry; that was the reason of my delay; I wrote to him from London, before going to Manchester—I had no idea that he was in London at that time looking for me, and I don't believe he was—I went to Aix-la-Chapelle entirely alone—I did not see Mr. Munn there; he
never was there while I was there, neither of the Messrs. Munn—I saw no one connected with him, or coming from him—I received a letter from Mr. G. W. Scott—I have not got it; I have no letter belonging to that period of my life—nobody came over to me at Aix-la-Chapelle—I never saw either of the Messrs. Munn afterwards—I declined to meet them altogether—I refused to see them—I came back to London, I think, on 15th or 16th July—I have no uncle named McEwan, my only uncle is Dr. Stewart, of Edinburgh—I know a McEwan, a tailor; he is no relation of mine, I don't know where he lives; his shop is in Princes Street, Glasgow—he was no friend of mine; he made my clothes sometimes—he had nothing whatever to do with the negotiations with regard to my settlement of Mr. Munn's claim—I never spoke to him about anything except my clothes—there was no person on my behalf who guaranteed the payment was eventually paid to Mr. Munn—I paid the premiums on the policy—I took out the policy—Mr. Duncan Macfarlane is a personal friend or mine, to whom I sent the remittance to take up the bills, the 450l., to settle; that was paid in 1868—as far as I remember he had nothing to do with the arrangement that was made in the autumn of 1865, except that he was very intimate with me, and we were always talking together about our affairs—I have Chancery proceedings pending against Mr. Chalmers—this (produced) is my cash-book—when I came home from China our business was very small, and all the bookslkept was a cash jotting-book, and as business began to growl started a ledger; that ledger was first begun to post up Mr. Chalmers's cash as far as possible—for the last few months of the partnership the business books that were kept were a cash-book and ledger; that was all; those were the only books—until these proceedings I never heard of any charge being made against me that I had altered the accounts—I have seen the amended statement of defence in the Chancery proceedings delivered last April. (MR. CLARKE read an extract from this, which alleged that the witness had improperly altered the accounts by crediting himself with subsistence money to the extent of about 600l.) I saw that, but my solicitor and I came to the conclusion that Mr. Chalmers in stating that I had fraudulently altered the books after the proceedings in Chancery had commenced meant that I had made some alterations on the face of the books; that was a question of fact which was settled in Chancery—the alteration was made with distinct arrangement with Mr. Chalmers himself: there was really no alteration—the cash-book shows the drawings for subsistence money—all the cash intermissions are entered there; all the moneys received and paid out—you will find my drawings for subsistence money entered in the ledger in a page devoted to that account—Mr. Chalmers went to Shanghai in 1876, and I came home and took charge of the business during 1877 and up to 1878 and 1879—during that time I was in the habit of drawing money from the business on my own personal account from time to time—I entered them at the end of the month in one sum in this cash-book—here it is on 31st January, 1877—you will find that my cash drawings during that month were only 13l.—here is "Charges account for business expenses as per arrangement with W. B. C. 20l."—that was entered at the same time—those two entries were not made on 31st January, 1877; they were made some time afterwards, because I kept the whole of the cash-book open until I had a little matter of dispute between Mr. Chalmers and myself settled—this was entered on
my receiving a letter from Mr. Chalmers, of which I forget the date—I cannot now tell you when this was entered—I should fancy the apportioning of my private drawings and charges account was made in 1878—this entry of 31st December, 1876, was, I fancy, made before the middle of 1878; I think so—I won't say more, but I have a right to make the entries at any time I like in my accounts, and to post them exactly as I please, so long as they are posted correctly—there was a dispute pending between Mr. Chalmers and myself as to the amount which I was entitled to debit to "charges account," and of course the balance of my spendings went to the debit of my own personal account, and if you wish I will give you some explanation about this dispute—when I was in charge of the business at Shanghai Mr. Chalmers went to America and Canada on the part of the business—he was not allowed to draw anything except for business expanses; he had a special agreement—I do not know what his drawings were for 1874 and 1875; I sent him home money especially for his business expenses—you will find his drawings in that book—the special agreement is among the papers in the Court of Chancery; it was drawn up for him before he left Shanghai—he was then in debt, and I made it a special condition that while he was away he should only spend money at home in business expenses, and be no burden to the firm—I believe there are entries relating to every month during 1877 up to the middle of 1878 which were not made up till after the middle of 1878—the book was posted up then; you will find them in "charges account" at page 25—the 20l. per month was posted after the middle of 1878, after receiving a letter from Mr. Chalmers agreeing that I should do so—I have had experience of book-keeping about 20 or 25 years—these items of 20l. per month do not purport to Do entered in the course of keeping the account from the beginning of 1877—the charges account was all posted up at one time; any one who understands bookkeeping will understand it—I wished to have the charges account current date by date, and as soon as I came home from London, knowing that Mr. Chalmers had no office and no office expenses, or anything to pay, I found that he debited to cash for business expenses regularly 5l. a week when he was living at home and had no money to spend on business; I at once wrote to him privately, asking for an explanation—I did not get one; I wrote again and again—at last I wrote officially in 1878 and insisted on an explanation, and then he wrote—you will find the letter—I forget the date of it—I kept an account of the expenses which went to make up the 20l. per month—we had it at the office; I don't know where it is; it may be in the office—it is petty cash, office expenses—it was never asked for till the present moment—we can show that the 20l. a month does not nearly cover our petty cash, and I was always out of pocket by it—there were entries of his business expenses—this letter of 28th February says "I had left all those papers at home"—that means in London—there was no one for me to ask for the papers—I got a bundle of papers from Mrs. Chalmers—I took what she gave me—I had no opportunity of asking her for the counterfoils of the cheque-book—you will find in my letter what I replied to Mr. Chalmers, it relates to the whole accounts—this is a copy of the abstract sent (produced), and this of the account for 1874 to 1876 as it stands now—I entered telegrams and stationery separately—I have the vouchers in the office—20l. a month was our expenses—we do not keep separate
vouchers for our petty cash account in the office—I will send for them, but I do not know whether they have got them for so far back—there is a second letter there—he said that I was at liberty to charge 20l. a month, and that was never objected to—that was in April, 1877—no answer was given to my letter—when Mr. Chalmers came home and asked to see the office books, the cash-book was produced to him—I do not know when he saw it, as he called at my solicitor's office to see the accounts—we always said that we had the cash-book and ledger—I only made an affidavit with regard to letters—I never heard that an order was made that I was to file an affidavit stating what books I kept, nor did I hear that I was to pay the costs—Mr. Chalmers had access to all the books.
Re-examined. He had access to them and always can have—I charged 20l. a month because Mr. Chalmers had charged the same—until I settled that I did not enter it up, but I did so when the arrangement was come to—there is no pretence for saying that the account did not disclose the real state of things between me and my partner; we have not altered them in any way since the proceedings in Chancery—the creditors in Glasgow were Christie, Scott, and Mr. Munn—I considered that Scott's claim for 100l. was included in Mr. Munn's, as Mr. Munn told me that he had told Mr. Christie to send me a consignment and he was responsible for it—I never heard of any claim from Scott while I was negotiating with Munn—I was in Glasgow in July, and in September and October, and in November I went to Shanghai—I believe Mr. Scott is alive—I never suggested any forgery against him—Mr. McCorkill's account is closed—Mr. Christie did make a claim on me for 500l., and I wrote to him from London and Shanghai, and he wrote to me and said "I will take anything you like, send me anything you like, I will be done with it," and I wrote and said that I did not consider I owed him anything—Mr. Christie called at my house last Monday evening—I met him in a friendly way and was glad to see him—Mr. Lyall is alive and in Court—I went to my mother at Brixton—she is dead—I went to this hotel in Manchester—Mr. Lyall saw me off; he was with me at my mother's house—she was Mrs. Mackintosh and was living there in that name.
JOHN MACKINTOSH . I am the prosecutor's brother—I was in China in 1865, and was Secretary of the North China Insurance Company—while there I received letters from my brother, some of which about the date of his failure in Glasgow, in May and June, were tolerably voluminous, going into the accounts of the business—I kept them and have got them here—I was in England in 1874, and in consequence of imputations upon my brother's character which I heard, I called on Chalmers, who had previously spoken to me on the subject—I knew he was here on behalf of the business of the firm, and on that occasion he had been down to Liverpool—I heard from Chalmers that imputations were being made on my brother—he had heard something in reference to the failure in Glasgow, which seemed to be a burthen on his mind, and I wrote and told him I would call with the letters—I forget whether I showed them to him, but I read all the paragraphs relating to the Glasgow affairs—while I was in China, and after my brother's failure, I received two or three letters from Mr. Christie, which I believe are here.
came to my lodging in Bloomsbury Street on 31st May, 1865, and we drove down to the Derby together—he stayed at my lodging the same night, and after that he went to Manchester—before that I saw him at his mother's house at Brixton—after he returned from Manchester he called again at my lodging, and I went with him to his mother's house on Sunday, 11th June; fixing the date in that way, I saw him in London after his return—I understood he was at Aix all that time—I afterwards drove with him from his mother's house at Brixon to London Bridge Station, and saw him off to Aix—he was alone—during the whole time I saw him he was not playing at hide-and-seek in anyway—I do not know Mr. Munn; I have heard the name—he spoke to me several times about Mr. Munn, and I know he corresponded with him—after his return from Aix his sister was with him at his mother's house; she was very ill—I saw her when he was about leaving the country to go to China.
Cross-examined. My age is 40—I am a clerk—I have been in Australia 10 years.
GEORGE JOHN SCOTT . I am clerk to the Justices of Londonderry—the depositions and informations upon which warrants are granted are in my custody—I have searched through them carefully for 1865, and find no trace of any warrant against Mr. Lachalan Mackintosh, of Londonderry, or any information upon which such a warrant could have been granted.
Cross-examined. I have no reason to think that the records of 1865 are incomplete—I was not in Londonderry in 1865; I did not go till 1866, but the records are there—I do not remember a constable named McHale in the Irish constabulary—the only record of a warrant being granted by the Mayor of Londonderry would be the warrant and the information—there are records of 1865 in the office, informations upon which warrants were granted—I know Mr. Chambers, a solicitor of Londonderry; he has not applied to me in this matter, but I mentioned it, and told him I could find no record—I made a search last August in consequence of a communication from the defendant's side, but not so careful a search as I have made since—I did not send word or write that there were no records of that period remaining—I had made a search in one department, and found informations back to 1876—there was a Sergeant McGivite, a superintendent of the old force of City Police—I think I told Mr. Chambers that no books or entries or documents connected with the Mayor's Court were forthcoming previous to 1865, but that was before I made the careful search.
Re-examined. Chambers was acting for Mr. Chambers, and came to ask me if there was any communication relating to Mr. Lachlan Mackintosh; August was the time I received information, but it was after that that Mr. Chambers spoke to me: quite recently—I did not think to go back farther than the time I was in the office myself, but afterwards I went back to the old dirty press where old documents were kept, and found documents as far back as 1841—Mr. Neale called on me in October, I think, and I referred him to Mr. John Munn and Mr. Johns Chester—he asked me for information, and I referred him to the only people living who could give information, and I referred him to the only people living who could give information on the subject—I received the communication in August from Dr. Chalmers—Mr. Hogben called, and I told him the same, that I could not find out anything—I never heard of Constable McHale; Botley was the constable there.
months ago I was instructed by my superior officer to make inquiries about a warrant being executed against Lachlan Mackintosh—I could find no trace, and I reported that.
Cross-examined. Mr. Brownrigg, the County inspector, told me to inquire—I inquired principally of Mr. Scott, the Petty Sessions Clerk, and of some of my own men stationed at Derry—McGwire belonged to the old City force—he is dead—McHale never belonged to the old City force—I believe he is superannuated on a pension—the Royal Irish Constabulary are only 11 years old—the old City force existed at this time—I made very few inquiries.
Re-examined. I am the oldest man of the City force; none of them are serving now who were serving in 1865.
NICHOLAS GRANDPRE . I have been 24 years head porter at Mulen's Hotel, Aix-la-Chapelle—I was there during the summer of 1865—I remember that gentleman's face (Mr. Mackintosh)—he stayed there a month in 1865, from 12th June to 14th July—I produce the books—he had a single bedroom, and stayed there alone—no girl was staying with him—he had a doctor—no police officers came with a warrant from London to take him off—no arrest has been made at the hotel since I remember—he left the hotel alone and went to Bonn, which is about two hours' railway journey.
Cross-examined. I do not perfectly remember his leaving—I cannot say what time in the day it was, or what day of the week, or whether anybody went out at the door with him—he took away all his things—he did not explain to me that he was there with his sister who was ill.
Re-examined. He was there in the name of L. Mackintosh, of 24, Windmill Road, and 85 when ho came back from Bonn—he was of Glasgow—I remember that he went away, but I cannot say that he went to Bonn.
DAVID HANNAY . I am one of the firm of McClure and Hannay, solicitors, of Glasgow—in June, 1864, Mr. Munn consulted us, but I do not remember whether he saw me or my partner—I know that an application was made to the Procurator Fiscal for a warrant, and a second application was made afterwards and refused, upon which civil proceedings were instituted by my firm against Mr. Lachlan Mackintosh and Clark and Co.—Mr. Moncrieff acted latterly as solicitor for Mr. Mackintosh, but not when the proceedings commenced; not till September—I saw Mr. Scott several times—ultimately an arrangement was come to between us and Mr. Moncrieff to settle the debt due from Mackintosh to Munn; he was to insure his life for 1,500l., and assign the policy and guarantee the premiums—the 450l. was not paid till January, 1868—before that settlement was come to this letter (produced) was obtained from Mr. Munn, withdrawing all charges against Mr. Mackintosh—I remember preparing a letter for Mr. Munn to sign; he signed it, and I gave it to Mr. Moncrieff, withdrawing the charge against Mr. Mackintosh—the proceedings against Messrs. Clark dropped—that firm has ceased to exist—from the beginning to the end of the matter there was no suggestion of forgery against Mr. Mackintosh—I had all the correspondence before me—the meal was consigned direct to Mr. Mackintosh.
Cross-examined. We did not apply for a criminal charge on those facts, we had not all the correspondence before us—we had the information of Mr. John Munn junior's son before us when the criminal
charge was made—application was made for a warrant; I have the written statement—I believe this (produced) is the information which was laid before the Procurator Fiscal.
Cross-examined. It was. drawn in my office—it is dated 12th June, 1865—I see from the books that it was stated that Mr. Mackintosh was then either in London or Manchester, and in the afternoon of that day we were informed that he was in London—we were receiving information as to his whereabouts either from Mr. Munn or from Mr. Graham who accompanied him—I saw Mr. Scott, of Glasgow, the day alter; whether I went to him or he came to me I do not remember.
Re-examined. I think Scott said that he was left in charge of Mackintosh's affairs—application for a warrant was made on 12th June, 1865, and I believe on the same day we commenced proceedings on a post-due bill for the purpose of attaching any funds or effects of his—there is a law in bankruptcy in Scotland called sequestration—a man cannot now be arrested for debt in Scotland, but he could be in 1865.
This being the case for the Prosecution, MR. CLARKE submitted that there was no case for the defendant to answer, the evidence having proved that the communications were privileged, and there being no evidence that they were made of express malice. MR. POLAND contended that it was for the Court to say whether the occasion itself was privileged, and if it was it would then be for the Jury to say whether the matter was true, and if it was false whether it was false to the defendant's knowledge, and whether it was done not bondfide, but of express malice; if it was done maliciously it was a libel, even though the occasion was privileged. MR. CLARKE, in reply, referred to the case of Craven v. Norman, in which it was held by MR. JUSTICE WATKIN WILLIAMS that it was the duty of the Judge to say whether there was malice. The question of privilege arose quite independently of the question whether the statement was true, and the statement being true was no evidence of malice unless it was proved that it was true to the defendants knowledge. The COURT considered that there was privilege, but declined to withdraw the case from the Jury.
MR. CLARKE then put in the criminal information lodged with the Procurator Fiscal against Lachland Mackintosh, corn factor, of Glasgow, and called the following witnesses.
JOHN MUNN . I am a partner in the firm of Foyle and Munn—Mr. Neale called at my hotel at Londonderry at the end of September or the beginning of October; I was not in; he left a message, and I went to his hotel and saw him—he had some conversation with me in reference to Mackintosh, and I gave him some information—my father was a corn merchant in Londonderry between 1862 and 1865, and I was in his employment in the steamboat department—while so employed I was cognisant of loads of oatmeal being sent to Mackintosh at Glasgow—they passed under my notice in the steamers—I was responsible for them—I was sent to Glasgow by my father, and I was recommended to Messrs. Hannay, the solicitors, and any information which I gave was my father's written instructions, which I showed to those gentlemen, and they took the necessary proceedings—the statements sent by my father were correct as far as I was aware—Mr. Graham was really the representative of my father—Mr. Graham was in business in Londonderry, and I operated under my father—I have lost sight of him for many years, and do not know, where to find him—I knew Mr. Christie in business, and I know that he
knew Mr. Mackintosh—I mentioned Mr. Christie's name to Mr. Neale—Mr. McCorkill is alive—I mentioned his name to Mr. Neale, not Mr. McCall's—there are so many McEwans in Glasgow that I only know the name from memory, and I told Mr. Neale that I only spoke from hearsay—I believed that McEwan was the uncle—I was not cognisant, apart from the information given me by my father, of the terms given to Mr. Mackintosh—I simply heard my father's account—I never mentioned Mr. Christie or Mr. McCall—my information was that it was generally sent from John Munn to the consignor's order—I mentioned to Mr. Neale that there was something between him and my father—I knew there was some misunderstanding between them—I told him that Mr. Mackintosh had returned some drafts, and that my father was rather put about—I do not think I saw accounts of sales—I told Neale that I was sent over by my father to find out, and I found Mackintosh had gone to London, as I was informed—I told him what had become of Mackintosh's estate, and that Mr. Mackintosh got possession of the corn and disposed of it—I also told Neale that Mackintosh's difficulties arose from betting on a horse called Prince Charlie, and that I went up to London after Mackintosh—after going to London I went back to Londonderry, and was sent back to Glasgow—when I was at Londonderry I believe some proceedings were taken as to getting a warrant, but I did not take them—after going back to Londonderry I did not come back to London with a constable of the Irish Constabulary—I do not know a person named McHale, nor did I then—I called at Scotland Yard while I was in London about the middle of June, and saw Inspector Tanner—Mr. Graham was with me—I cannot recollect whether I had telegraphed to London before that from the George Hotel, Glasgow—I cannot swear whether this (produced) is the telegram I sent, it is so long ago; very likely it may be—I was at Glasgow about 12th June, 1865, and the George Hotel is where I always stop—my name is not J. W. Munn, but John Munn—there is no J. W. Munn that I am aware of. (Read: "12th June, 1865.—Have you got Mackintosh? I am going to London to-night and swear information if necessary. Reply by N. W. Telegraph Company.") I came to London with Mr. Graham—I went to Scotland Yard once a day, at any rate, for about 10 days—Inspector Tanner was the person I saw—when I saw Mr. Neale I told him that after I had left London anything that I heard was hearsay, and that I was told about the man they called Mackintosh; that he had been followed to Aix-la-Chapelle—there was mention that there was a lady in question; I told him that I had heard so; I did not tell him any more about the lady—I told him that I had heard that he had promised to come back to England—that is all I told him, to the best of my recollection—any information that I had about the case after I left London was from my father—I went to Germany after leaving London, and then home, and then to Germany—any communication I had was by letter from my father—I went to Brabant, not to Aix-la-Chapelle—I told Mr. Neale that I had heard Mackintosh had come back, and then I mentioned Mr. McEwan's name, in which I made a mistake, no doubt—it was in reference to the settlement that this relation of his had guaranteed the payment of the premiums on the policy, and that my father had accepted the arrangement—the statement in the letter is certainly wrong—it was not on condition that, he should leave England and not return—he was leaving England, and to make it certain
for my father we got this friend to guarantee the payment of the premiums—before I saw Mr. Neale I was not aware that Mr. Mackintosh was back in England—Mr. Neale asked me if I would come into the witness-box—I told him that I would if I could get corroborative evidence in the shape of letter; I mean letters from my father to Mr. Mackintosh, or his letters to my father; and Mr. Neale promised me that night when I saw him in his bedroom that there should be no use made of the information unless I could get the letters—I believe Mr. Neale called on me once or twice, and I went round to his room at 11 o'clock at night—I did not say anything about Mr. Christie or Mr. McCall having interests in the policy.
Cross-examined. I only saw Mr. Neale for about a quarter of an hour in his bedroom, he being in bed—I had been dining with a friend, and when I arrived at the hotel the manager told me that a Mr. Neale had called on me; a very old schoolfellow of mine, I may tell you, was a Mr. Neale—Mr. Neale had left a message to say that he was going away by the 7 o'clock train in the morning and wished to see me particularly, and I went over thinking to see my old friend, or I should not have gone—he was not my old friend, and I was rather taken a back; I had not the remotest notion of who he was—he spoke first; he opened the conversation; as far as I recollect he began telling me that he was over here on information relative to Mr. Mackintosh; in fact, he gave me a kind of precis of the case; he evidently knew all about it before I saw him—he asked me if I knew that Mackintosh was for some years"—he said that he was, and Mr. Dudgeon or Mr. Chalmers, I forget which, was having a lawsuit, that there was a Chancery suit going on, and they wanted to get any information they could relative to Mr. Mackintosh—he did not tell me that Mr. Mackintosh had bolted from Glasgow with a girl; that is totally wrong—I never told him that, or that I had heard it; it is all a fiction—I told him that I had heard he had gone to Aixla-Chapelle—he said there was a Chancery suit pending, and there was something about a wife's settlement, or something of that kind; I really can't recollect the exact words he used; he did not take any notes—I was sitting at the side of the bed, like a doctor—I think we had some was sitting at the side of the bed, like a doctor—I think we had some whisky and water, I am not sure—I said that the man they took to be Mackintosh was followed to Ascot—I did not say that he had changed his clothes with a girl there and escaped—I did not tell him that the detective and I followed him to Aix-la-Chapelle, and captured him in his bedroom, that he broke down and burst into tears, and submitted to be brought back to England, although the arrest was illegal—I never heard of the Chancellor's warrant—I never told Mr. Neale anything about it—I did not say that Mackintosh upbraided me as his friend for treating him in this way, and that I promised that if only he would return to England and face the thing, I would see what I could do with my father to let him off easily—I did not tell him that he left the girl behind—I did not tell him that Mackintosh had forged delivery orders; the wish seems to be father to the thought in this case—I told him that what I said was in strict confidence—I afterwards received a letter from Mr. Mackintosh, and this is my answer. (This was dated November 31, 1881, and alleged that the statements said to be made by the writer of the letter C were exaggerated, that what he had said was only derived from his recollection of information
from his late father, and apologising for and withdrawing them.) I had one or two letters from Mr. Mackintosh—this other letter is my writing. (This was also an apology for the statements made to Mr. Neale, and regretting that the former Utter was not considered sufficient.) I also wrote to the firm of Matthews and Co. stating that I did not wish to have anything more to say to the case as far as they were concerned—I did not write to Mr. Neale—I wrote another letter before this; this is dated November 5, 1881. (This stated that his information was derived from others, and that he had no documentary evidence on the subject, and had no desire to interfere further in the matter.) I heard that the whole matter was settled amicably by the payment of the 450l.—I went with Mr. Graham to the Procurator Fiscal to try and get his warrant; it was refused—the whole matter was settled amicably; I heard so, and I don't think I ever heard any more of the matter till I was called upon—I don't think I ever heard Mr. Mackintosh's name mentioned during the 16 years—I told Mr. Neale exactly what I have already stated, that Mackintosh had made arrangements with my father, that they had come to terms, and that everything was squared—I cannot recollect what day it was that we went to the Procurator Fiscal—I did not take any more steps in the matter myself—I did not come to London to swear any information—to the best of my recollection I never saw the warrant—I saw Inspector Tanner—I am confident that I wrote a letter to Mr. Matthews previous to the one that has been read; it was in reply to a letter of Mr. Matthews.
Re-examined. I have not got that letter of Mr. Matthews's; it is not destroyed; it is in Mr. Mackrell's hands—this is another letter of mine to Mr. Matthews—one letter was dated 29th October, to which mine of 5th November is an answer; then Mr. Matthews wrote again on 2nd November, and mine of 10th November was an answer, and then Mr. Matthews wrote again on 12th November—Mr. Neale asked me how Mr. Mackintosh got possession of the corn, and I told him that he had got possession of it, but as to how he got it I really could not tell—I told him I had heard that the man they took for Mr. Mackintosh had been followed to Llewellyn's Hotel and to Ascot, and that he had disappeared, that was all—I told him there was a lady in the question—as to the changing clothes, that is the greatest romance I ever heard—I was sober, I am not in the habit of getting over the stick.
At this stage of the case MR. CLARKE stated that, after the letters that had been put in, he begged to withdraw the plea of justification.
DR. WILLIAM CHALMERS , D.D. I am professor of theology and dogmatics in the college of the Presbyterian Church of England—I am the father of the defendant—I have been interested in his business relations for some years past—I was at Glasgow in May last—while there I heard some matters with regard to Mr. Mackintosh—they were matters that went to his disadvantage—they were much more definite than either I or my son had heard before—I heard the names of two gentleman in Londonderry involved in those transactions, and I communicated with Londonderry in the first instance, and got information from another gentleman, and then after I applied to my friend, Mr. Lewis, the member for Londondery, for an introduction (MR. POLAND objected to this inquiry as irrelevant, and only amounting to hearsay, and the RECORDER upheld the objection)—I
communicated to my son the matters I had heard in Glasgow—he knew of them before.
Cross-examined. I did not go to Londonderry myself.
JOHN ALEXANDER NEALE . I am a solicitor—I was admitted in March 1876—I am in the office of Mr. Matthews, the solicitor to Mr. Chalmers in the Equity proceedings—in the course of last spring or summer I became cognisant of certain statements which had been made adverse to the character of Mr. Mackintosh—I had at that time the conduct of the Chancery proceedings for my principal on behalf of Mr. Chalmers, and had consultations with Mr. E. Payne, of the Chancery Bar, in respect of those proceedings—I mentioned to him that I had heard such matters—I went to Londonderry, and called on Mr. Scott with Mr. Chalmers's letter of introduction, and he referred me to Mr. John Munn, junior, and I believe he gave me the name of Mr. Christie too—I had an interview with Mr. Munn, and the letter of 13th October was written by me to Mr. Chalmers, stating the result of my inquiries of Mr. Munn.
Cross-examind. I saw Mr. Munn in my bedroom, I should think about 11 o'clock; I had not been asleep, I had only just got into bed—I did not make any notes at the time—we had no whisky and water—I went to sleep afterwards—I went off by train next morning about 7 o'clock—I made a note on the following day; I have not got it—I made it on my journey from Londonderry to London in the train, and afterwards when I got to the Shelborne Hotel in the evening; I have torn it up—it was a very rough note-book in which I put it down; I don't think it is in existence now—it was a very small note-book; it is torn up, because I had finished with it—I transferred from the notebook directly everything which went into the letter—I had it before me at the time—I did not make any draft of the letter—the letter which has been put in is the letter I then wrote—after I had written the letter I destroyed the note-book—I believe I did not see Mr. Chalmers before I wrote the letter, nor did Mr. Matthews, I believe—I did not know that Mr. Hannay, of Glasgow, was Mr. Munn's solicitor; I did not see him—I did not ask Mr. Munn if his father's solicitor was alive, who could give all the information about the settlement of the disputes between them—I only inquired recently of Mr. Scott—I did not go to ask him whether a warrant had been issued in 1865 against Mr. Mackintosh—I did not see Mr. Scott after I had ascertained that there was a warrant issued; I did not make inquiries of him afterwards; I wrote to our agents in London-derry to make inquiries—I did inquire at Scotland Yard whether there was any truth in the story about going to Aix-la-Chapelle—I did not ascertain that he had not been there; I ascertained that there was no evidence that he had been there—Superintendent Williamson told me that Inspector Tanner never went there, and that he had never been to Ascot to try and trace Mr. Mackintosh and to follow him, and that Tanner had never professed to act under any warrant to take him into custody—he told me this, I think, about a fortnight ago—I happened to call there, and I met Mr. Stevenson there—I reported to Mr. Matthews all the inquiries I made at Scotland Yard; they came to his knowledge—I ascertained that Mr. Mackintosh had been staying at 35, Duke Street—I did not ascertain that he had been staying there in his own name—I did not make any inquiries at Aix-la-Chapelle—I have been in Court and heard Mr. Munn's evidence—it is true that he told me that he had
been to Aix-la-Chapelle—I heard him say that he did not tell me so—he was as sober in my bedroom as I have seen him here to-day—I have not personally been to Glasgow to try and trace out whether there was any truth in the charge of forging these delivery orders—my client gave me a copy of the letter he had written of 5th February, 1874—before the plea of justification was put on the record I did not know that Mr. Chalmers had applied in May or June, 1865, tot he Procurator Fiscal for a warrant and had been refused—Mr. Munn said something to me about the great difficulty of obtaining a warrant—a Chancellor's warrant was mentioned to me by Mr. Munn—I have not been able to trace it; there could be no such thing—I did not know it was all nonsense; I thought he had been mistaken in the name of the warrant—I have not seen Mr. Christie here this morning; he has been here; I subpoenaed him; he was not here yesterday—Mr. Scott's son, I believe, is here—I believe Mr. Christie has gone back—I did not tell him he might go back—I told him to be here on Thursday morning—I have asked him to show me letters that he had in his hands—he did not show me them; I have the originals—I don't think I know his handwriting; I may have seen it; I am not sure—Mr. Munn says he thinks a second letter was written to our firm—my belief is we have not received a second letter; I will undertake to swear that I have not seen any such letter, and to the best of my belief no such letter has been received by my principal—I have not seen a letter in which he says that the statements made by me in this letter were exaggerated.
Re-examined. I had not the slightest reason to doubt, either from Mr. Munn's appearance or anything else, that he knew what he was telling me—the statements in my letter of what he told me are absolutely true—the whole of the statements were got from him—the inquiries at Londonderry were made through our agents, T. and E. M. Chambers, solicitors there—I have a letter from Mr. Chambers reporting the result of his inquiry.
By Mr. CLARKE. I asked Mr. Scott whether there was a warrant in 1865—I applied through our agents to see if we could get possession of it, and I made inquiries at Dublin Castle—I have no doubt that these papets (produced) were the papers that Superintendent Williamson produced to me at Scotland Yard, containing the information they had there with regard to the matter—I don't think Mr. Christie was here yesterday—we had reason to suppose he would not be here—I saw him on Monday, he has been subpoenaed. (Mr. Christie was called on his subpoena, but did not answer.)
FREDERICK WILLIAMSON . I am Chief Superintendent of Police at Scotland Yard—I produce the papers from there relating to this matter in 1865—Inspector Tanner was in our office at that time—I have his reports here.
Cross-examined. He is dead—Inspector Clark is alive—I saw Mr. Neale and Mr. Stevenson together at Scotland Yard on 2nd December—Mr. Stevenson represented Mr. Mackintosh, and Mr. Neale represented Mr. Chalmers—I gave them all the information I had got—I said that the story about Tanner going to Ascot and tracing a man who changed clothes there with a woman was, as far as I knew, wholly untrue, and also about Tanner going to Aix-la-Chapelle—as far as the papers show, there was no attempt to arrest Mr. Mackintosh.
Re-examined. I had no information about the matter beyond what I
saw in these papers. (The papers were put in and read; they consisted of a telegram dated 10th June, 1865, from James McGwire, Superintendent of Police, Derry, to Scotland Yard, to arrest and detain Lachlan Mackintosh, for embezzlement, with a description of his person; also the reports of Sergeant Clarke and Inspector Tanner, with various telegrams, one stating that constable McHale was expected with a warrant granted by the Mayor of London-derry, and another stating that the constable had returned home with the warrant believing it to have been illegally granted.)
JOHN MACKINTOSH (Re-examined). When I was in China, in the spring of 1866, Mr. Christie, of Londonderry, wrote to me these letters (produced). MR. CLARKE objected to the reception of these letters in Mr. Christie's absence, and also as not being material to the issue. MR. POLAND submitted that they were admissible, as tending to explain certain allegations made in the prosecutor's cross-examination,. The RECORDER would admit them if pressed, but MR. POLAND not doing so, they were not read.
GUILTY. The Jury found that the plea of justification was not proved, and stated that they thought there had been some little annoyance in the matter, and would like the defendant dealt with as gently as possible. — Fined 100l. in addition to the prosecutor's taxed costs, and to enter into his own recognisance in 200l. to appear for judgment if called upon.
MR. NORTH Prosecuted; MR. BESLIY Defended.
EDWARD THOMAS TAYLOR . I am a barman, and lodge at 5, Sutherland Street, Pimlico—on 19th November I was at Lillie Bridge grounds, and left with the prisoner about 7 p.m.—we went as far as the Atlas public-house, where I was pulled inside by the prisoner and three or four more, knocked down and kicked, and robbed of 3l. 10s. In gold from my inside breast pocket—I called out that I was being robbed—I saw no more till I got up and the policeman had the prisoner in custody—he was rifling my pockets, and he passed two sovereigns as he thought to one of his companions, but he put them into the constable's hands—I had not been making any bets that day, they accused me of doing so.
Cross-examined. I had pawned my watch on the Saturday for safety—I had not gone with a woman—I was not drunk, I might have had a glass—I only knew the prisoner as a betting man—I met him at Victoria station, after pawning my watch—3s. 10s. was all I had when I was robbed, but I had been knocked down previously in the street—I believe they called out "Welsher" to me at Lillie Bridge—I did not run away—I was not in employment at this time—I did not agree with the prisoner to make bets for me—they asked me for 2l., and I refused to pay it—the officer asked me if I would charge the prisoner, and I said "Yes."
DAVID DAY (Policeman T 147). On the evening of 19th Novembesr I was called to the Atlas—I saw the prosecutor on the floor, and the prisoner on the top of him, holding him down with one hand and rifling his pockets with the other—I caught hold of him—the prosecutor said "Hold him, he has got my money," at the same time the prisoner passed his left hand behind him and dropped some money into Constable Cooper's hand—he was taken into custody.
Cross-examined. The public-house joins the Lillie Bridge Grounds—there
had been some pedestrian matches that day—there were about 150 people in the road—I heard cries of "Welsher"—I did not see the prosecutor run into the public-house—when I got inside every compartment was full—the prisoner and prosecutor appeared sober.
HENRY COOPER (Policeman T 483). I went into the public-house with Day and saw the prisoner on the top of the prosecutor, with his hand extended and saying "Collar, collar—I put my hand behind him and took two sovereigns out of his hand—when the prosecutor gave him into custody he said "I made six bets with him; what would you do?"—at the station he said "I know nothing of the robbery; I don't know how the money came into my hand."
Cross-examined. I knew neither of the parties before—there was a crowd in the road calling out "Welsher"—I saw several people running—I could not distinguish the prosecutor—there was a good deal of excitement.
Witness for the Defence.
JOSEPH EVERETT . I am a hackney carriage conductor—I was at Lillie Bridge on this Saturday with the prosecutor and prisoner and four or five others—the prosecutor had been drinking—the prisoner was excited and there was betting—6l. was lost between them; the prosecutor said he did not intend to pay as it was not legal—they began quarrelling and then prosecutor ran away—there was a cry of "Welsher" raised, and he ran into the Atlas, and there was a rush of the mob and they fell—I should think there were sixty people in the bar—I did not see any money pass.
The prisoner received a good character.
NOT GUILTY .
MR. RIBTON Prosecuted.
PERCY JAMES JACKSON . I live at Mattock Farm, Ealing—on 8th December the prisoner came and asked me to advance him some money—he had worked for me—I told him there was no money owing to him, and eventually I told him to go away and refused to give him any employment—he abused me and said he would do something for me in the course of a few days, that Day got the best of the work, and he would do something also for him.
GEORGE BRODIE CLARE . I am clerk to the Magistrate at Brentford—on 9th December Day was charged with stealing some timber—the prisoner was examined at a witness against him, also a man named Denton—I took notes of the prisoner's evidence., (This being read stated that he saw Day steal the timber and followed him to near his house, and afterwards identified the wood found there.) Day had been previously fined for the unlawful possession of some wood, the Magistrates dismissed the charge against Day and ordered the prisoner into custody for perjury.
HENRY DAY . I am a labourer on the railway—on 8th December I was at work in the pit—it is not true that I took any wood and carried it away—I was taken into custody that night, and the prisoner charged me—some pieces of wood were produced before the Magistrate—those were pieces about which I had been fined six weeks before.
By the Prisoner. We had been cutting grass for Mr. Jackson—we were both charged with taking some wood—I was fined 1l. and you had a month with the option of a fine—I did not promise you and Kenton to go on with the work.
JAMES WOODHURST (Police Inspector). On the evening of 8th, Day was brought to the station in custody from the prisoner's information—he was taken before the Magistrate next day and discharged, and the prisoner committed.
The prisoner, in his defence, repeated the charge against Day, and stated that Kenton saw the transaction.
ROBERT KENTON . I am a labourer—on 8th December I was with the prisoner—I did not see Day saw up some wood—I know nothing at all about it—he did not promise me work when the prisoner was gone; he sacked me on the Saturday—I did not hear the prisoner say he would round on Day—I watched Day's house while the prisoner went to the station—the prisoner asked me to, to see that he did not come out—I did not follow him with the prisoner.
GUILTY .— Three Months' Hard Labour.
THIRD COURT.—Wednesday, and
NEW COURT, Thursday and Friday, December 14th, 15th, and 16th, 1881.
Before Mr. Common Serjeant.
119. THOMAS WHITE (66) PLEADED GUILTY to stealing a coat, a scarf, and a scarf-pin, the goods of George Clark, having been convicted of felony at this Court in December, 1879, in the name of William Scott; also to another indictment for stealing a coat, the goods of Henry William Wood.— Five Years' Penal Servitude.
MESSRS. MONTAGU WILLIAMS and FILLAN Prosecuted.
ERNEST EUNGER . I am the landlord of 31, Watling Street—in May, 1880, I let to Wood my ground floor and basement—I received a reference to Mr. Townsend—Wood remained there till February last—he paid the first quarter's rent when due, but not the second—I received in payment a bill for 42l., which was dishonoured—I sued Wood, but obtained no money—I followed Wood to 283, Regent Street—Loban came with Wood when my premises were taken, and discussed the question of rent—after Wood was in possession of the premises I saw Loban and Noble there very often—the rent was 114l. a year—the prisoners represented that they would be agents for foreign manufacturers—Loban once mentioned to me that he was engaged in the biscuit trade—Noble said he was traveller for Wood.
Cross-examined by Loban. You were not a reference for Wood—you were no party to the agreement—I saw you frequently in September.
Cross-examined by Wood. Mr. Townsend, your reference, is a respectable
man in Manchester—he may have been there forty or fifty years—you said you had a private income—I changed cheques for you, not after the first quarter—they were paid—I asked you to give up the premises;—you offered to give me an acceptance after that.
Re-examined. This is the agreement between myself and Wood—the amount of the cheques I changed was about 2l.—I never changed them after I could not get my rent—Wood never told me what his private means were—this cheque (produced) for 3l. Is the highest amount I changed for Wood.
FREDERICK WILLIAM MOORE . I am manager to James Lion and Co., of 15, Old Bond Street—in October, 1880, Noble called on me—this order for goods of 4th October came to me by post—Wood brought me this other order on the 9th. (One of these was for samples of coffee and other foreign goods.) I sent (he samples—Noble took away some goods—I sent the other goods on 21st October—on 4th November I received this order for wine—the goods I sent then amounted to 20l.—we received the 19s. for the samples—Noble brought a cheque for 2l., and said we could place that to Wood's credit, but I preferred giving him the change—I saw the heading on the memorandum of Wood and Co., 31, Watling Street, and I believed the business was genuine—I have never been paid—I summoned Wood at Marlborough Street for slapping me on my face—I met Loban at the Court with Wood, and he said "It is a pity this should be brought before the Magistrate"—I said I did not wish to do it, but could not understand being assaulted—I arranged the matter—Wood gave me a sovereign, out of which I paid 5s. to a witness for expenses; then Loban called about Wood's account, and I referred him to our solicitor.
Cross-examined by Loban. Your intervention was friendly on both sides—from your manner I thought you were Wood's solicitor.
Cross-examined by Wood. I did not understand that the goods were for your own house, but for your business—the wine went to the British Consul at Berlin—we issued a writ against you—we could not find you.
Re-examined. The wine was three cases of champagne and some brandy, sherry, claret, and port—Noble took the goods away in a cab—he never paid.
RICHARD WHIPTAKER . I am a carpenter and builder, of 3, Friar Street, Doctors' Commons—in the autumn of 1880 Loban applied to me to fit up offices at 9, Union Court, Old Broad Street—I saw him at Watling Street about it, and went with him to 9, Union Court—I looked at the offices; I fitted them up with counters, baize doors, and other fittings, and the bill amounted to 21l. 5s. 7d.—I called several times for payment—I did not see Loban after the account was delivered—I subsequently went to the office, and found that everything was taken away, gas-fittings and everything—the gas-fittings had not been put up three weeks—I called at 31, Watling Street several times to make inquiries, and could get no answer—I did not see a Mr. Fulton, whom I had seen before, nor Wood, nor Noble—I had asked Fulton whether he thought the money would be right when I finished the job, and he said "You will be all right for your money; I know all about Mr. Loban's bank"—"Taylor, Loban, and Co." was on the doors at Union Court.
Cross-examined by Loban. Fulton told me his name—I believe I saw
him in Watling Street—he did not say he was a solicitor—you were connected with the Coach Insurance Company in Queen Victoria Street—I have known you two or three years—I did a job for you in Regent Street—the account was about 40l.—this cheque for 10l. bears my endorsement—I was paid—the fittings at Union Court were completed about Christmas—I called it might be two months afterwards.
Cross-examined by Wood. Loban instructed me to meet him at Watling Street—I never saw you about it at any time.
Re-examined. Loban's cheque to me for 10l. Is dated May 31, 1879, and signed "R. A. Taylor Loban."
CHARLES NEWBURY . I am a coal merchant at 15, Belmont Place, East Greenwich, in partnership with Mr. Russell—on 7th October, 1880, Loban's wife gave me this cheque to cash for Mr. Loban for 20l. 10s. 6d.—I cashed it, and paid it into my bank—it was returned to me dishonoured—I saw Loban about it, and he said it must be a mistake, and if I would present it to the bank a second time it would be met, and I should not be one penny out of pocket—I presented it again, and it was returned, marked "No effects."
Cross-examined by Loban. I called at your house about it nine days afterwards—you said that St. George, whose cheque it was, was a good man—you suggested that I should take proceedings against St. George, and relieve you of an unpleasant task—I did not agree to sue him—you gave me St. George's address, Chandos Club, Langham Place—I wrote there; I got no answer—I knew you were ill in the middle of 1880 for a long time.
CATHERINE LEARY . I am housekeeper at 9, Union Court, Old Broad Street—Loban took offices there in November last year—he remained till 24th March last—he first had two rooms, subsequently a third—I saw Noble there on two or three occasions—I also saw Fulton and Reece—Alexander Fulton was with Loban in the office—A. Fulton and his brother Clement cleared two rooms one night of the furniture—one of them said he had a bill of sale for 40l. on the furniture, and he must clear it away that night, because the Sheriffs officer was coming in the next day, and he must secure himself—I did not see the bill of sale, but he took the furniture away, and said "No doubt there will be a criminal investigation, and I do not want my name mixed up with it"—my husband followed the furniture to 64, Long Acre—Mr. Fulton's name was up there—Mr. King had the key of the third room—Loban had given it to me when he went away—Fulton wanted the key of that room, but I refused to give it to him, and gave it to the landlord the next morning—I afterwards opened the third room, and found the furniture had all gone—I heard people walking over my head—I had been watching for six weeks, and I heard a man shut the door; they must have got through the window or picked the lock—Loban continued to come after the two first rooms had been cleared up to 24th March—he was not present when the Fultons came—on 24th March I saw a man named Reece with a truck outside—I saw the fittings being taken out at the window; when they were getting the last lot down they were being handed out by Noble and Loban—one man was in front with a truck, and another at the back, named Donovan—I sent for the police and had a sergeant up to the room, and they would not let them in, and the sergeant told me I could not stop them—I saw no one come to Union
Court on any business except for money; a good many came for money—I found out that Loban lived at 17, North Bank, St. John's Wood—Noble came to Union Court, not constantly—I heard Noble tell the inspector at the station that he had bought the fixtures, and he showed a receipt for it; then the inspector said I had better let them go, as it might run the landlord into expenses—Loban was present.
Cross-examined by Loban. If I wanted to see you I should have to descend about four flights of stairs and ascend two—I do not know the dates when the furniture was removed; I do not keep dates—the men showed me no authority to remove the furniture—you were not present when it was removed—I got a half-sovereign from the men on your account—when you handed me the key you warned me not to let any one play any tricks with your furniture—I cannot say how often I saw Reece, twice a day sometimes—the Sheriff's officer did not come the next morning.
Cross-examined by Noble. I saw you pass the green baize doors out of the window—you did not say "If Loban likes to give me back my money you can take the things"—I went with the goods to the policestation—they were given back to you, and you took them away on a barrow.
JOHN KING . I am the owner of 9, Union Court—on 21st December last I let Loban offices there as Robert Loban Taylor—this is the agreement (produced)—he referred me to Mr. Wood, of 31, Watling Street—I saw Wood at Watling Street—he said Loban was a respectable man, and would make me a good tenant, he had known him in business several years—he also referred me to Mr. Fulton, solicitor, Long Acre—I wrote to him; I got a satisfactory answer—the rent should have been paid in advance, but it was not—when I went there about 24th March the furniture was all gone; they must have got a duplicate key or got through the window—I never received the rent.
Cross-examined by Loban. I got the rent to 25th December, about 3l., for the odd days—your occupation commenced 25th December—you took the odd room about the middle of the quarter, between Christmas and Lady Day—I received information about the furniture being removed some time in February—the third room was still furnished as far as I could see, and I had the key—I refused to let you in because there was no agreement for the room—you said that Mrs. Leary had received money to let the furniture go out; I do not believe it—Mrs. Leary did not account to me for housekeeping money, except for the coals—she did not produce 10s. as a payment on your account—her room is on the top floor but one, and your offices on the second floor of the opposite wing—your offices were nicely furnished with electric bells and other appliances—I do not think I could have told Odell, the Sheriffs officer, you were 30l. in arrear of rent, nor anybody to my knowledge.
Cross-examined by Wood. I do not recollect Loban saying anything about agency—you might have said there was furniture enough to cover the rent.
Re-examined. I never saw any business carried on there—inquiries were made, and not pleasant ones.
THOMAS HENRY CHAMBERS . I am clerk to Messrs. Batson and Co., solicitors—I got this dishonoured cheque of Mr. Newbury for 20l. 10s. 6d. from Mr. Miles to sue upon—I got judgment—I put in an execution at
9, Union Court on 7th January—there was nothing to satisfy the execution; it is still unsatisfied—I subsequently put in an execution at 17, North Bank, against Loban, and there was nothing there.
Cross-examined by Loban. I got substituted service—I went to 19, Beaconsfield Terrace to serve on 3rd and 4th November—I did not issue an interpleader summons—Odell said there was 30l. owing.
Re-examined. I made a second levy in March, and found nothing.
WALTER BARKER . I live at 32, South Bank, St. John's Wood—I am owner of 17, North Bank, which I let to Loban at 60l. a year; he referred me to Mr. Fulton, solicitor, who said that Loban was a respectable man, living at Greenwich at a rent of 75l. a year—Loban's lease was dated 30th December, 1880; he remained in the house till 20th July—I never received any rent—Wood called upon me to intercede for Loban, who he said was ashamed to see me—that was between March and his giving up possession in July—I went to the house, and was repulsed on each occasion—I eventually paid Wood 15l. to get rid of Loban.
Cross-examined by Loban. That was in consideration of your giving up the lease—I do not know whether you occupied the house; the gateway was barricaded, and I could not get beyond the gate-post—you saw me one evening, I have not the date, and kept me discussing matters from 8 till 10 or 11 p.m.—I not only paid 15l., but it cost me 80l. to my builder to repair the house; the chimney-pieces were taken down, the range and grates were taken out, and the whole place was in a state of ruin—I did not find the house redecorated, and it would have been better if you had not touched it.
Cross-examined by Wood. You called to intercede for Loban, as a friend to him and to me—I looked upon you as a gentleman—you said it was unjust to me to pay Loban—I wrote to you about it—I gave you a cheque payable to his order—I do not think any imputation rests upon you.
Re-examined. The cheque is endorsed "R. A. Taylor Loban"—I had no idea Wood was mixed up with Loban in giving false references as to trades which really were not carried on—he took the 15l. cheque.
WILLIAM ALFRED LAMUDE . I am clerk to Mr. Benjamin Morton, of 41, Cheapside—on 21st January last I received a request from Loban for a price list—subsequently Loban sent me an order for a geyser hotwater apparatus—I supplied it—I applied at Union Court for payment on 21st April—I also went to North Bank—I have never seen the bath since or the cash—I saw Loban at Marlborough Street.
WILLIAM FOSTER . I am manager to my brother, a brushmaker at 25, Hatton Wall—in January, 1880, a Mr. Rogers called upon me, giving me this order for goods. (On a printed heading. "From Wood and Co., 31, Watling Street") I supplied goods to the amount of 2l. 3s. 9 3/4 d.—seeing the heading I believed a genuine business was being carried on there, and believing Wood was respectable I supplied the goods—I received a cheque upon the Birkbeck Bank, signed "A Taylor Loban," of February 3rd, 1881—it was returned dishonoured—Noble brought the cheque, and the goods were ordered in Wood's name—I delivered the goods personally at Watling Street—I saw Noble there several times, and Wood—I asked for payment—I have never received a penny.
Cross-examined by Loban. I did not apprise you of the cheque being returned.
Cross-examined by Wood. I do not recollect your saying the goods were
not ordered by your authority—you gave me Rogers's address—I made inquiries for him; I could not find him, but I saw him afterwards, and had some conversation with him—Rogers said he had your authority, and you would pay me—you told me to the contrary afterwards—I called at Watling Street many times, but I did not say I would take it out in annoying you—you said Rogers promised to return the brushes, and then that he had sent them in the country, and when they came back he would return them to me—you gave me a cheque, which I agreed to hold on deposit—I did not present it till the time agreed—I did not agree to give you notice; I do not recollect your saying you would not pay me.
Cross-examined by Noble, My brother signed a receipt—it was read out to me—I do not recollect your saying "You can either sign it or leave it alone."
Re-examined. Wood afterwards admitted that Rogers was in his employ.
EDWIN COX . I am a furnishing ironmonger, of 117, High Holborn—Wood called on me—Noble called the next day; they ordered fenders, fire-irons, and other goods—Noble said that he came for Wood—I asked for references, and he gave R. A. Taylor and Co., Union Court—I went there and saw a man, and afterwards received a written reply from Loban, which was satisfactory—I parted with goods to the extent of 40l.—I have never been paid—Loban brought an acceptance of Wood's in payment—it was dishonoured.
Cross-examined by Loban. The goods were supplied the first week in February—the bill is dated 26th April, 1881; it was handed over to me on the 26th and 27th—I think I saw you at Union Court from the way you speak.
Cross-examined by Wood. I called several times upon you in Regent Street—you appeared to carry on the business there—I should be surprised to hear that the articles were sold for 10l.
GEORGE HENRY CLARK . I am in the service of Messrs. Withers and Co., of 556, Oxford Street—in June and July last Loban was in their employ as shorthand clerk—on 29th July I cashed a cheques for 9l. 10s. for him. (On the Union Bank, Charing Cross, signed M. Fulton.) It was returned marked "Refer to drawer"—I have never received the money.
Cross-examined by Loban. I have changed several cheques for you, all of which have been paid—one was for double the amount of this one—I had a conversation with Fulton about the cheque—he did not say a word about your appropriating it—you promised to guarantee me in the event of my having to meet the cheque—I got a paper, but no guarantee—I was satisfied with the letter you sent me as it stood if it had been acted upon.
Cross-examined by MR. WOOD. Loban was with us about two months—his hours were from nine to six—in August last I cashed a cheque drawn by Camille for 15l. 10s., which Loban told me was an advance from you—it was paid after the date of Fulton's cheque being returned.
JOHN NEAL . I am a watchmaker, of 46 and 48 Edgware Road—I knew Wood in July, 1881, as Camille—he came to me then as an artistic dressmaker—he gave me this bill-head (produced), which describes him as an "Art Modiste" of 283, Regent Street—he purchased a clock, which he said he wanted for his show-rooms, for 1l. 18s.—he paid for it—on August 3rd he came and selected a clock and tazzas, to be sent on
approval—I sent them on August 8th—they came to 19l.—I applied repeatedly for payment—I could not see Wood—I never got paid, nor a return of the things—I wrote to Camille, and received this reply, signed J. M. Fulton. (September 28th, stating that goods were told to Camille, not Woody and that complications arose with regard to a bill of sale.) I applied at Scotland Yard, and the prisoners were taken—the matter was arranged three or four weeks after.
Cross-examined by Loban. I never saw you till I saw you at the police-court.
Cross-examined by Wood. You were not arrested on my complaint.
JOHN EVANS . I am a watch and clockmaker, of 89, Mount Street, Grosvenor Square—on 18th August Wood, Loban, and another man called to inspect some clocks—I had previously received from my assistant, Fairer, a card, with the name "Oamille and Co." upon it—Wood said that Fairer had recommended him to me, that no doubt Fairer had named to me that he (Wood) required a clock for the show-room in Eegent Street—I said I would have some for him to select from next morning—I took two clocks to Regent Street next morning, and saw Wood and Loban—Wood said he wanted a clock to suit the furniture—the clocks were tried on the mantelpiece to see which would harmonise the best, and Loban chose a Louis Quatorze one, price 27l. 10s.; the other was 30l.—on the 18th Noble brought me a note, which I have since destroyed—it was signed by Wood, and requested me to send the clocks by bearer, but I declined—I took them next day, when it was decided to keep the Louis Quatorze clock—I saw Loban and Wood—Noble opened the door each time and showed me out—it was arranged that Loban was to pay for the clock with a bill at a month—a lady called Madame Camille also came to inspect the clock—this bill was written on my counter. (Payable at the London and South Western Bank, Regent Street Branch, and marked "No account") The clock has been returned since the matter has been under criminal investigation, I believe by Mrs. Wood—before the prosecution was instituted I went to see the clock two or three times—I saw Noble—on one occasion he told me the room was in disorder—Loban on one occasion said that he required a diamond ring or two—I did not supply them—Wood selected a watch and chain for the inspection of Madame Camille—I did not take them.
Cross-examined by Loban. I first saw Wood on 17th August—I believe you were with him—I will not swear you came on the 19th—283, Regent Street was fitted up as a first-class dressmaking establishment—I went with Mr. Morton to Marlborough Street.
Cross-examined by Wood. After delivery of the clock we spent a social evening, and I told you anecdotes of my life, and that an amateur would ask 40l. for the clock—I may have said the watch and chain you selected were not good enough for you—I did not pay the bill away—I said that I had paid it away, but it was simply in the hands of my brother, who had an account at the same bank—you wrote out some memorandum at my house, which I did not read—Cogswell was there—I do not know whether he read it—I walked with you to Vine Street Police-station—two officers were waiting for you outside—I believe you promised to return the clock next day.
Cross-examined by Noble. You expected me I know by the agility with which you opened the door—it was about 8.15 p.m.
Re-examined. I attended before the Magistrate before the clock was returned—I saw it produced—it was returned near the end of October.
Cross-examined by Loban. You did not pawn it.
Cross-examined by Wood. You did not pledge it or redeem it.
Cross-examined by Loban. I first knew you two years ago—I knew Wood by seeing his name on the bills, and seeing him act four or five years ago—the introduction meeting was quite accidental.
Cross-examined by Wood. I gave you a card in Tottenham Court Road—you did not buy it till I wrote the letter to you of 8th July. (Stating that he had found a clock he thought would suit.) I believed you were carrying on a legitimate business in Regent Street—I applied for the money—a paper was shown to me at Evans's—I read it—you had it back—I went and expressed sympathy—I did not get information from her—I did not tell her I was ashamed of myself.
JOSEPH UNDERWOOD MORTON . I am a cutler, of 223, Oxford Street—on 16th September Loban and another came to my shop—he said he was Mr. Fulton's assistant, and wanted a dressing bag—several bags were shown to him—he gave his address Mr. Fulton, Regent Circus, Oxford Street—three bags were sent with my assistant on approbation in the afternoon, who brought back two—I sent the account to Fulton—the value of the bag was 36l. 15s.—I did not see Fulton—on 7th October Loban called and said that Fulton had mislaid the account—I gave him another—he said he would give me a cheque—he asked me to let Fulton have two more dressing-cases—I refused—he said he would call on the Monday and bring me a cheque for 50l.—he came on the Monday having selected a 50 guinea and a 25 guinea case—he asked if they were ready—from what had come to my knowledge, I applied for a warrant, and gave him in custody—no one gave me a cheque for 50l.
Cross-examined by Loban. No commission was to be paid to you; only discount for cash payment—you insisted on my assistant bringing the bags—I had not then seen Mr. Evans.
CHARLES BOND . I am assistant to Pontifex, Fuller, and Co., of 60, Jermyn Street, ice pail makers—on 14th September Wood called and asked for a refrigerator for Mr. Camille, of 283, Regent Street, his master—I delivered one for 17 guineas on 15th September, and took an invoice—I went next day and tried to get it back—I saw Loban and five or six others—I asked the witness Reece for it, and afterwards Loban—I was refused—I did not see Camille.
Cross-examined by Loban. Mr. Pontifex spoke to you in my presence—you were not there when I came to get the refrigerator back.
Cross-examined by Wood. I saw Noble the day after you ordered the refrigerator—I had not seen you before you called.
HERBERT RUSSELL PONTIFEX . I am the son of Mr. Russell Pontifex, of Jermyn Street—in consequence of what I heard, I went to 283, Regent Street, on 16th September for the refrigerator—I saw it, but was not allowed to take it away—I went a second time—I saw Loban—he said
"I can't understand Fuller's invading my place with half a dozen men. I shall inform Mr. Camille, and will call and see you in the morning"—I began to move the refrigerator—he said "Put that refrigerator back," and "If you want your money you need not be afraid, I will forward your accounts to Mr. Camille, and send you a cheque in the course of a week or two"—I called afterwards—the refrigerator was gone.
Cross-examined by Loban. You did not introduce me to Wood—you were all talking loudly when I called.
Cross-examined by Wood. I did not see you throughout the transaction—I never wrote to you for the money or to return the property.
WILLIAM MOORE . I am assistant shopman to Mr. William Moore, pawnbroker, of 19, Stafford Street, Marylebone—on 19th September Noble pledged a refrigerator with me for 5l.—it was redeemed by Mrs. Wood six weeks afterwards—it was taken away in a van by a man named Barker.
WILLIAM BOGGIS . I am foreman to Mr. Dickson, of the Repository, Harrow Road—a refrigerator was deposited there on 16th or 17th October in the name of Chapman—by direction of a lady named Wood I sent it back to Pontifex, of 60, Jermyn Street—on 19th October I took in a clock to be taken care of—by the direction of the same lady I sent it to Evans's of Mount Street, Grosvenor Square.
ALFRED KNIGHT . I am one of the firm of Knight and Co., booksellers, 283, Regent Street—we own that house—Noble came and represented that he was Wood's traveller—I afterwards saw Wood—they gave Loban as a reference—I wrote to him and got this answer. (This stated: "Our Mr. Scott has had business relations of a satisfactory character with Wood.") I had another reference—I let him the premises—we got two quarters' rent, the second with difficulty—a distress was put in to complete the payment of the second quarter—I had received cheques, which were dishonoured—they afterwards cleared out everything, and the last of the things went out on the September quarter-day—we got the police to stop the goods—we received this letter from Mr. Fulton. (Stating that the distress was illegal, and that Wood would hold the witness's firm liable for damages.) Loban told me it was no use getting into a rage about it, and to keep quiet.
Cross-examined by Loban. There were two removals; one I could not stop—you had nothing to do with them so far as I know.
Cross-examined by Wood. The agreement was for a tenancy of three years—the place wanted repairing, and we agreed to allow you something for doing it—you damaged the property; you did not remove the wall-paper, but you removed the glit beading and damaged the wallpaper—we agreed to repaint the premises; we did not do it—I have seen eight or ten hands employed there—I have seen customer; one was also my customer—you said you were negotiating to get the place off your hands—Noble was your confidential man and traveller.
Cross-examined by Noble. You did not come with Wood when I let him the premises.
Witnesses for Loban.
JAMES REECE . I was employed by Mr. Wood, at 283, Regent Street, as messenger—I remember a clock being taken out of Wood's house in a basket—I saw the same clock at the police-court when Wood was preparing to remove to Talbot Row—I did not know the clock was not
going there—when Mr. Pontifex came for the refrigerator I went in search of Wood, but I saw you—I had expected you would call in the evening—I was present at your interview with Pontifex—I was employed to take the counter away from 9, Union Court—it was to convenience Mr. Camille, who was ill—I had good opportunities of seeing, and I say there were business transactions at Regent Street on Mr. Wood's part—I have seen eight or ten girls employed there in the busy season.
Cross-examined by Wood. When I helped Loban to remove the fixtures I was not employed by you in Regent Street—J. M. Fulton did not frequently visit Regent Street—I saw him about three times there—I regarded him as Loban's friend—I know you were not friendly with Alexander Fulton—you told me one Saturday afternoon not to take any messages from Fulton or Loban, as you would have nothing to do with them—you had no knowledge of the message I took to Morton—you were not present when the refrigerator was delivered—nothing between the clock and the refrigerator was delivered to my knowledge at Regent Street, nor was anything pledged—I have delivered parcels in the name of Camille to the 40 ladies whose addresses are in this book—they came in their carriages, and lived in Stanhope Gardens and other places around Bayswater—I have gone to Robinson's, Marshall's, and other large houses for patterns, and have paid cash—the file of bills you produce used to hang in a corner of the workroom—I took the clock out of pawn for Captain St. George—I did not see you on that occasion—I saw you hand him money—you told me the next day he would want me to go with him to fetch the clock back—Fairer said if I did not make a clean breast of it he would put me in the dock—I did not see goods come to Regent Street that were not wanted for furnishing the place—you received a picture from 326, Regent Street—you sent for Mr. Maxstead to fetch it back—he said he would see you—you told him you could not afford to speculate even on credit—Loban and A. Fulton borrowed money of you, also St. George—when you spoke of the things being removed you told me you were afraid of a seizure under a bill of sale.
Cross-examined by Noble. When Evans and Fairer brought the clock to Eegent Street I opened the door.
Cross-examined by MR. WILLIAMS. Madame Camille carries on dressmaking—she is Mabel Butler; she is not Wood's wife; she was living with him—Mrs. Wood is on the stage—the clock when taken away was covered with brown paper, not in a sack—I said before the Magistrate that Noble and Wood, not Loban, told me to expect the refrigerator.
CHARLES AUSTIN . I am clerk to Messrs. Greenfield and Abbott—I was formerly clerk to John Napier Fulton, of 64, Long Acre and 326, Oxford Street, for nearly three years—you and Fulton first became acquainted about two years and nine months ago—Fulton acted as your agent in these matters; Bailey v. Loban. Loban v. Smith, Loban v. Martin, Leslie v. Same, and Loban v. Frank, and one or two other cases, and notably in September last in the case of a public-house changing hands—I saw the furniture from Union Court at 64, Long Acre—it was returned to you a day or two after that.
Cross-examined by MR. WILLIAMS. Fulton's brother is away; I believe he is in America—I am not aware that Loban was Fulton's assistant—I was not present when the dressing-bags were delivered to Fulton.
extract of his account. (Showing a balance on 6th August, when the bag was purchased, of 4s. 6d.)—the account was a fairly active one; about 400l. or 500l. perhaps passed through it, not 2,000l. a year.
Cross-examined. It has been overdrawn since 30th January, 1880; 70l. odd.
GEORGE SPICES . I am a colonial merchant in Gannon Street—I supplied you with a quantity of Scotch whisky in November last for my market in Adelaide, value 239l. 13s. 3d.; it is sold; the account sale arrived in London on 12th November, 1881—you have parted with your interest in it—the invoices were headed, "9, Union Court," and all letters addressed there.
Cross-examined. Loban parted with his interest in it soon after it was consigned.
Cross-examined. I do not know what Loban was—the arrangement was not a satisfactory one; the place is not worth a farthing—Fulton was one side and Loban the other—950l. was to be paid, and it was not worth 2d.
JOHN GREENFIELD . I am a professional friend of John Napier Fulton, and have known him four years; I have had business with him during that time, and it was always satisfactory—I do not think yon ought to ask what I know about him privately—he has gone to America on business; he was told that there is a large sum of money to be recovered there, but I believe he is surrounded by a gang of swindlers, and that there is no such money—I expected him to return—I have been attending to some of his cases weekly.
Cross-examined. I know nothing of this bag transaction—I believe Mr. Fulton is grossly deceived by swindlers, and led into all sorts of things.
Witnesses for Wood.
JOHN LISCOMBE . I am manager' of the London and South-Western Bank—you opened an account with us on 9th April, 1881, with 124l. 3s. 6d.—about 206l. 17s. 10d. was paid in in various sums to June, and about 128l. between June and August—on 13th August the account was overdrawn 4l.; on Monday, the 15th, a request was sent to you to put it right—if you had left it overdrawn we should have had no remedy—3l. 12s. was then paid in—the last cheque was drawn on 3rd August—Adams's bill was accepted in your name—I knew you as Camille.
Cross-examined. On 30th August the account was overdrawn 5d.
ALFRED MASON . I come from the Union Bank of London, Chancery Lane branch—some of these cheques produced do not belong to your account, but to that of Wood and Co., and some have not been through our bank at all—Wood's account began on 12th July, 1880, and Wood and Co.'s on 29th October, 1880—the cheques I have placed in the book are perfectly correct, and the book is correct—these five cheques have never been presented; they have been drawn, but not used—the cheques in both accounts were correct—the amount paid in the three months to the account of G. W. Wood is 470l. 14s. 3d.
Cross-examined. The account of George Henry Wood was opened with
35l. In July, and on 29th October the balance, 99l. 11s. 7d., was transferred to the new account of Wood and Co., which is not closed yet—the balance now is, I believe, 6s. 10d.
GEORGE HALL HALL . In the beginning of 1880 I was introduced to Wood by Mr. Couthorpe with a view of negotiating a loan on my annuity of 100l. a year with the Life Association of Scotland—the negotiations were delayed some months by the difficulty of getting the documents from the trustee; but eventually the papers were sent up to London, and in August I was present at the payment at the solicitor's office of 600l.—the second loan effected was 300l. on 10th or 11th April—there was a small intermediate loan of 50l.—the loan was 900l. altogether—inquiries were made, I was told, as to the respectability of Mr. Couthorpe, and I was told that they were satisfactory—there was no misrepresentation on Wood's part.
The prisoners each addressed the Jury at considerable length, commenting upon the evidence, and entering into explanations as to the part which each of them took in the different transactions, and contending that the evidence did not show a conspiracy between them. (Loban and Wood received good characters.)
LOBAN— GUILTY — Eighteen Months' Hard Labour.
WOOD.— GUILTY on the first five counts.— Twelve Months' Hard Labour.
NOBLE.— GUILTY on the first five counts. Recommended to mercy by the Jury on account of his acting at a servant — Four Months' Imprisonment.
MR. MONTAGU WILLIAMS Prosecuted; MR. LEVEY appeared for Freeman, MR. ROMIEU for Webster, and MR. FRITH for Nathan.
JOHN ALEXANDER . I am a fruiterer, of 288, Edgware Road—on 31st October I purchased of Keeling and Harvey 30 barrels of grapes branded with a lion rampant No. 1—I saw one at the police-court marked in the same way, and the grapes in it were the same kind as I purchased—the delivery-note shows the brand—Fagg is my carman.
JAMES FAGG . I am carman to Mr. Alexander—on a Friday, I don't know the date, I took my van and horses to Keeling and Hunt's ware-house, Pudding-Lane, with a delivery note from my master, and received 30 barrels of grapes marked with a lion rampant and seven cases of royal apples—I covered them with a tarpaulin, fastened it down, and went into a coffee shop in Botolph Lane—I was away a quarter of an hour, and when I came back the van was gone—I next saw it in the stable on the Saturday morning, but the contents had gone, except the apples—I have seen one of the barrels since—the young chap who helped me went into tea with me.
Cross-examined by MR. LEVEY. The grapes come packed in barrels—we get thousands with the same mark, and sell them to all the fruiterers in London—all I can say is that the barrel I saw had a similar mark.
THOMAS FOY . I am a lighterman, of 16, Mercer Street, Shadwell—on Saturday, between 11 and 11.30, I saw Freeman with a van at Messrs. Beaumont's premises, 3, Victoria Street, Shad well, and a man who I
believe to be Webster coming out of the gate—Freeman put one barrel into the van, and at that time there were 10 in it—I went to Shadwell Police-station the following Monday, and picked Freeman out from several others—this barrel (produced) is similar to what I saw—I afterwards picked Webster out at Seething Lane Station.
Cross-examined by MR. LEVEY. This was not a warehouse; it is a cowkeeper's—I did not notice a mark on the barrels, but they were similar—Mrs. Beaumont is a widow—she is my mother-in-law.
Cross-examined by MR. ROMIEU. I went up to see who had chipped the gate post, and saw the van there—I will not take my oath that Webster was there, but he was to the best of my belief—I did not see him doing anything—he was walking out of the yard.
ABRAHAM ISRAEL . I am in partnership with Mr. Joel, at Fish Street Hill—Freeman was our carman—he had no authority to move any grapes from Mrs. Beaumont's yard—he ought to have been at our place at 11.30 on Saturday morning on his return from a job at Holloway, but did not return till between 3 and 3.30 p.m.—my clerk told me, but I was away.
Cross-examined by MR. LEVEY. He has been in my employ 12 or 18 months—he came with a good character, and I never knew anything against him—I was at Fish Street Hill and Mr. Joel at our other place at Shoreditch—I do not know what goes on there—Mr. Joel is not here, he is laid up—we are in a large way of business—we have 45 horses—we have a general foreman, but he never gives orders—I am the only responsible man there, and if I am away I tell the clerk, Mr. Fern—he is not here—carmen often pick up a job with an empty cart, and the money does not always come to the owner's pocket—I do not wink at it.
JOSEPH MARRIOTT (Detective Sergeant). On 21st November, about 10 o'clock, from information I received, I went with Merrell to Fireball Court, Houndsditch, and saw Nathan and Webster come into the court together—I said to Webster "Do you live here, No. 1?"—he said "Yes"—I said "Have you any grapes in the room?"—he said "No"—I said "Do you know anything of any grapes between this and last Thursday?"—he said "No; but there are some in a room; but I have nothing to do with that"—I said Nathan "Do you live here?"—he said "Yes"—I said "What rooms do you occupy?"—he said "The parlour and cellar"—I said "Have you any grapes in your cellar?"—he said "Yes, there are 20 barrels there, but how they got there I don't know"—we all went down the staircase to the cellar, and he called my attention to a small piece of wood which was broken off at the side of the padlock about the size of a match—we saw 20 barrels of grapes there, and I said to Nathan "How do you account for this?"—he said "I don't know, unless somebody has broken the lock off and put them there"—I said "Why did not you inform the police?"—he said "I was going to do so when I had had my breakfast"—I took Nathan into custody—Murrell said to Webster "I shall charge you with stealing these, as you answer the description of the man"—they were taken to the station and placed with others—Fagg was called in, and said to the best of his belief Webster was the man—1l. 8s. 6d. was found on Nathan, which has been returned to him—this is one of the barrels—the other 19 bear the same brand.
Cross-examined by MR. ROMIEU. Webster occupied the front room
upstairs; he had nothing to do with the cellar—I have seen him about the street—Murrell charged Webster; he said nothing in my hearing—what I said to him was, "Have you any grapes in a room?"—he said, "No; there are some in the room, but I have nothing to do with them."
Cross-examined by MR. FRITH. I have been in the force many years—I have seen Nathan in the City as a costermonger during 16 years—I do not know that three persons have a right of placing goods in that cellar—there were a quantity of orange and apple baskets there—I did not notice a closet there—I looked at the padlock of the inner door—I cannot say that it had not been tampered with—it was a common one—the piece of wood looked as if it had been knocked off; the wood was white as if it was freshly done—he called my attention to that—Saturday is the best day for costermongers, and they stand at their stalls till an hour or two after closing time—when I spoke to him at 10.15 he had got a barrow load of apples, which he took into the court where he lives.
BENJAMIN TRYCE (Policeman H). On 18th November I found a van and a pair of horses in Blakesley Street, Shad well, with seven cases of apples in it and no one in charge—the name of Alexander was on it.
CHARLES LOVELL . I am a carman, of 15, Washington Street, Mile End—on 19th November I was with Freeman, and saw him speak to a man on Tower Hill; we all went with the van to Victoria Street, Shadwell, where I and the other man went into a shed—the gates were shut while the van was loaded with 30 barrels of grapes, with a lion on them—this barrel has the same mark—Freeman and the other man told me to drive the van along the Highway—I took it to Brest Street, where they both got into the van, and Freeman drove it into Goswell Road—we stopped at Spencer Place, where a man came to me and said, "Let us have 10 of them out," and Freeman and the other man took them out—they had the same marks—we then went to Holloway, and returned to a public-house in Whitecross Street, St. Luke's, and then drove to Fireball Court—20 barrels were then in the van—Freeman and the other man took them out and took them to the first house on the left—we then went to a public-house in Fenchurch Street, where the man said to Freeman, "Is he all right?"—Freeman nodded his head.
Cross-examined by MR. LEVEY. I am carman to Mr. E. Fullingham—I had been to King's Cross; I did not know Freeman before he went into Mr. Israel's employ—I was with him all the morning—I had some barrels of sprats at King's Cross—Freeman was not there when the grapes were loaded, but he saw them when he got on the van, and he saw them in the yard as well—it was 9 o'clock when we met the man on Tower Hill, and 9.30 when we got to Shad well.
Cross-examined by MR. FRITH. I never saw Nathan till he was at the police-court.
Cross-examined by MR. ROMIEU. During the whole time that Freeman was connected with the grape transaction I saw nothing of Webster.
WEBSTER and NATHAN received good characters.
NOT GUILTY .
FOURTH COURT.—Friday, December 16th, 1881.
Before Mr. Common Serjeant.
NOT GUILTY .
MR. W. E. SAUNDERS Prosecuted; MR. WILLIES defended Edmonds;
MR. E. C. ELGOOD defended Watkins.
JOHN REYNOLDS . I live at the White Horse, Whitcombe Street—on the 10th November I shut up the house at the usual time—I went to bed about 12.35, and found the gas on in Mr. Austin's bedroom and the room in great confusion—I saw a six-chamber revolver and other articles on the bed—I had seen the room a little before 9 o'clock and all was right then—Mr. and Mrs. Austin were out of town—I know Edmonds, but I cannot say that I know Watkins.
FRANCES JANE PULSFORD . I am Mr. Austin's sister-in-law—I live at 62, Whitcombe street—on the 10th November I was in charge of the White Horse—I had seen Mr. Austin's bedroom in the course of the evening—the drawers were locked and everything was safe—about 12.30 Reynolds came down to me and I went with him upstairs to Mr. Austin's bedroom—the door was wide open, all the drawers were open, and there was a six-chamber revolver on the bed, and a razor by the side of it—two clocks were missing, some articles of clothing belonging to Mr. Austin, my sister's silk jacket, and a number of other things—I identify the clocks produced—one of them is a carriage clock—there were two umbrellas missing—that now produced is one of them—I had seen both the prisoners in the course of the day, but not together.
Cross-examined. I was upstairs between 7 and 8 o'clock and everything was right at that time—the drawers were locked, but not the doors—I was in charge of the bar in the evening—I was talking to Edmonds in the afternoon, and he offered me a ticket for a ball, but I refused it—I have seen Watkins in company with Edmonds, but not on that day.
CHARLES SHEPHERD (Inspector C). On Friday, 11th November, I was called to the White Horse about 12.45 in the morning—I went upstairs—on the staircase there is a small door that goes out to the back premises—that door was open, the glass broken, and the outside beading cut away—the next house is empty—there is a skylight on the top, and the glass was broken—in this house I found an earring and quantity of clothing taken from Mr. Austin's house.
CHARLES FREDERICK COOPER . I am the landlord of the Dog and Duck public-house, in Soho, which is about ten minutes' walk from the White Horse—on Monday, 14th November, the two prisoners came into my house in company with another man—the man who is not present asked me if I would buy the two clocks—I recognised them as being Mr. Austin's—I said I did not want them, but if they would leave them until 2 or 3 o'clock I might get somebody to buy them—I sold the clocks four or five years ago—when they came back Mr. Austin was there and they were given into custody.
Cross-examined. I never saw either of the prisoners before—the third man I had seen at sale rooms—he used to work for a dealer named Nelson—the two prisoners came back, but not the other man—Edmonds said" What about the clocks?"—Mr. Austin came in with two detectives, and they were given in charge—Watkins did not speak to me.
locked up my things and left everything safe—the two clocks and the umbrella are my property.
Cross-examined. The Dog and Duck is about half a mile from my house—it was not well known that I was going out of town—I did not tell my customers of it.
FREDERICK CHURCH (Police Sergeant C). On the 14th November I went to the Dog and Duck and saw the two prisoners—Mr. Austin charged them with stealing the clocks and other property—Edmonds said the man who came in before asked them to sell the clocks—I searched Edmonds and found upon him a number of prints, seven pawnbrokers' duplicates (one relating to an umbrella), and a blank cheque.
FREDERICK JACKSON . I am an assistant to Mr. Attenborough, pawnbroker—the umbrella produced was pawned on the 11th November between 4 and 7—I fancy it was Watkins who pawned it—I saw him at the police-court; he was not placed among any other men for me to identify.
DANIEL BROWN (Policeman C). I was present when the prisoners were given into custody—Watkins said he and Edmonds met a man who asked them to sell the clocks—I searched Watkins and found on him a pawn-ticket for a coat—the name is John Watkins, but the address is correct—I believe the coat is his own.
NOT GUILTY .
OLD COURT.—Saturday, December 17th, 1881.
Before Mr. Recorder.
MR. NORTH Prosecuted.
BENJAMIN LUND . I am a chemist, of 80, Rosemary Street, Peckham—about 4 on 2nd November last I was walking down Royal Mint Street; the prisoner came down a narrow court just as I got from underneath the railway arch; he up with his fist, smote me on my breast, almost knocked me down, and while I was in that position he snatched my watch and chain, and left this part of it hanging to my waistcoat; one of the links broke; he carried away the other part with the watch—he ran away the same way he came, up the alley, and I followed him, but as the passage got narrow I was rather tenacious of going up; I abandoned the chase—I gave information the same day to the police—I next saw the prisoner in the station-house, and picked him out from several others—that was two days afterwards, I think—I am perfectly confident he is the man that robbed me—the watch was worth 21l.
Cross-examined by the Prisoner. I came into the station-house while the inspector was booking another case, and sat down in a chair—the detective did not lean on my shoulder, nor did you call the inspector's attention to it; he happened to touch me accidentally and apologised, and you halloaed out "Don't you speak to him."
JOHN HANSON . I am a labourer—I live at 10, Cornwall Street, St. George's-in-the-East—on 2nd November, about 4 in the afternoon, I was in Royal Mint Street by the railway bridge on my road home; I saw the prosecutor there; the prisoner was just by the entrance of the court as though he was watching for something, and directly I got opposite the court he rushed up to the gentleman with his left hand and drew the
watch out with his right—I saw the watch in his hand and part of the chain hanging—he then ran up the court directly—I next saw him at the station—I did not recognise him there—I did not Bee his face when he committed the robbery, I saw his back—he is very much like the young man I saw take the watch.
Cross-examined by the Prisoner. I said at the station I could not identify you by your face.
JOSEPH NEWMAN (Police Sergeant H). I charged the prisoner with this robbery—he made no answer—the same afternoon I had seen him in the Whitechapel Road at 4.50—that is ten minutes' or a quarter of an hour's walk from Royal Mint Street—I did not know of this robbery then—he spoke to me—he said "Halloa, sir!"—I said "Wait half a minute—he did not come to me but ran off as fast as he could down Whitechapel Road—I knew I could not catch him and did not run after him—I took him afterwards on 7th November.
The Prisoner's Statement before the Magistrate. "I know nothing at all about it."
The Prisoner in his defence stated he could have proved where he was on the afternoon when the watch was stolen, but that his witness was in the hospital with a broken leg.
GUILTY . He also PLEADED GUILTY* to a conviction on 1st February last, at the Mansion House.— Fifteen Months' Hard Labour.
MR. JONES LEWIS Prosecuted.
EDWARD SULLIVAN . I live at 12, Flower Street, Spitalfields, Mr. Wilmot's lodging-house—on 18th November I was in Commercial Street, Spitalfields—I cannot tell what time it was; it was night time; I was drunk—I did not feel anything happen to me—I don't know whether I fell down or not—I remember a detective coming and speaking to me, and he took me to the station and locked me up.
Cross-examined by Rose. The last recollection I have of the money was when I was in Cable Street, when I reckoned 2s. or 3s.—I went into two or three public-houses afterwards—the next morning at the station I had 1s. 4d.
WILLIAM THICK (Detective Sergeant H). On 18th November, about 20 minutes past 12 in the morning, I saw the prosecutor in Cable Street, Spitalfields; he was the worse for drink—I saw the three prisoners and another man, and having seen them previously, I followed them down Cable Street—they met the prosecutor there—one of them, I don't know which, struck him, and he fell down; they all leaned over him, apparently searching his pockets—he cried out "They have robbed me of 2s."—I went to his assistance, and arrested Pearce as he was leaving him; the others ran away in different directions—I took Pearce to the station, and the prosecutor was conveyed there also and charged with being drunk and incapable, and after complaining of his loss was fined 6d.—I found 1s. 4d. in his trousers pocket, which I returned to him the next morning, after he was bailed out—I found 2 3/4 d. on Pearce at the station; he was charged, and made no answer—I saw Sullivan on 21st, and Rose on 22nd, and identified and charged them; they were then in custody—Rose was
placed amongst a number of others, and I identified them as being concerned in this robbery.
GEORGE FOSTER (Police Sergeant H). On 18th November, about 20 minutes past 12, I was with Thick—he drew my attention to four men on the opposite side of the way—they passed us—when they neared Whitechapel we saw the prosecutor coming in the opposite direction—they surrounded him, and I saw him fall—at that time we were opposite them—he called out "Police! you are robbing me"—Thick caught hold of Pearce—I tried to get hold of Hose, but he twisted himself round and got away, and the other two got away—I turned round and found Thick was struggling with Pearce—I went to the assistance of the prosecutor—he said "They have robbed me of 2s."—I obtained the assistance of a uniform constable and took him to the station, where he complained that he had been robbed of 2s., that he had had 4s., and had spent some—Pearce was present when he said that—I was afterwards sent for to the Whitechapel Street Police-court, and went and identified Sullivan, and afterwards I went to see if I recognised any one else, and I recognised Rose as one who had been with the others at this robbery.
Cross-examined by Rose. I can't say if I identified you from the same set of men as I had identified Sullivan from.
Cross-examined by Sullivan. I do not think you were the only one with an overcoat on.
GEORGE WRIGHT (Police Sergeant H). On 22nd November, in consequence of what Thick said, I arrested Sullivan—I said "Denny, I want you with two others for assaulting and robbing a man in Cable Road on the 18th"—he said "I was not in it, I know who was; "Harry Songster was wearing my coat at that time"—the prisoner Rose is known by that name—I was present when Foster identified both Rose and Sullivan—I placed Rose with 10 others, and asked him if he was satisfied—he said "What is the use of that man coming? he knows me very well."
GEORGE PURBROOK (Policeman H). On 22nd November I took Rose into custody—I charged him with committing this robbery—he said "I was not in it, governor, but I have heard the lads talking about it"—he was placed with six others at the station and identified by Thick as having been concerned in the robbery.
GUILTY . They each PLEADED GUILTY to previous convictions. PEARCE* and SULLIVAN*— Twelve Months' Hard Labour. ROSE**— Fifteen Months' Hard Labour.
MR. GILL Prosecuted.
WILLIAM GODDARD (Policeman T 423). On the night of 22nd November, about 12.20, I was on duty at the Greyhound public-house, Fulham—there were a number of people outside making a noise; I tried to disperse them—one in the crowd made use of a threat, and said I was only one, I had better be careful—another constable came up, and they then dispersed, most of them going down Greyhound Road—I proceeded some distance down the road with the other constable, following the crowd, and then came back again—between 1 and 2 I went down the road again, when I saw five men standing on the footway—I recognised the two
prisoners and another as having been outside the Greyhound—a man not in custody stepped out from the others and tried to strike me with his fist, saying, "This is the one"—I put up my arm and warded off the blow, and took hold of the man, intending to take him into custody, when I received a blow on the back of my head from Crockwell—I fell on my knees and let go of my prisoner, and seized Crockwell round the legs—I called twice for help, when I received several more blows on my head, my helmet being off; I don't know who gave them—I was then kicked insensible, and I remember no more till I came to myself in the passage of a house close by.
Cross-examined by Crockwell. I cannot say what the other men were doing at the time you struck me; I believe they were assisting you when you struck me the first blow—you were partly behind me, on my left, close to me, when you struck me on the back of my head—I don't remember my brother constable asking me who had done it.
WALTER LATHAM (Policeman T 316). I was with Goddard, and left him about 12.45, after the crowd had dispersed—some little time after I heard cries for help; I went in the direction, and found Goddard lying on his back, bleeding very much from some very severe wounds in the head—I got assistance and took him to the hospital.
Cross-examined by Crockwell. I asked him who had done it—he said, "Two men who appeared to be labourers, and they have gone in that direction," pointing in the direction of Garvin Road.
JOHN GODWIN . I live at 38, Greyhound Road, Fulham—on the night of 22nd November, about 12, I was at the Greyhound public-house—I saw the two prisoners there with others—when the house was cleared the constable came up to disperse the crowd—I walked away with Crockwell and Taylor; Broadbridge had gone on before us—Crockwell left me opposite my doer, and he and Taylor went in the direction of Robinson's—there were about a dozen of them together.
HENRY TAYLOR . I live at Mr. Fennell's, 2, Edwin Terrace, Greyhound Road—I was at the Greyhound, and walked down Greyhound Road with Crockwell and Kennedy towards my house—Crockwell left me at my house—he said, "Get indoors, old chap; good night"—about 20 minutes or half an hour afterwards I found the policeman sitting in my passage, frightfully ill-used; his face was covered with blood, and the top of his head seemed to be almost kicked off—a cab was at the door, and he was taken away in it.
CHARLES ROBINSON . I am a hair-dresser, and live at 3, Edwin Terrace—on this night my attention was attracted by a scuffling noise outside the house; I got up, opened the window, and looked out, and saw the constable lying on the ground, being kicked by two men—I halloaed to them, and they ran away in the direction of Garvin Road—one of them was dressed in dark clothes, and the other in light cord trousers, and they were both of one stature as near as possible—a constable came up to the man's assistance, and I went out and I saw about a quart of blood on the ground—I saw the man in the light trousers give three kicks—a pair of trousers were shown to me at the police-court, but I could not swear to them.
Cross-examined by Crockwell. There were only two men; I did not see three others.
12.30 by a noise outside and a banging at my door—I got up and looked out of window, and saw two tall men kicking somebody on the ground—one had on a pair of light trousers, and the other was dressed all in dark—I heard Robinson open his window and call out, and the two men ran away.
RICHARD WILLIAM LLOYD . I am house surgeon at the West London Hospital—Goddard was brought there between 1 and 2 in the morning on 23rd November—he was so faint that he was almost insensible, and suffering from four scalp wounds—there was a good deal of blood about him—one wound was about 2 1/4 inches long, about the middle of the head—about an inch from that there was another about 3 1/2 inches, and between the two the scalp was separated—behind there was one 1 3/4 inches long and another 2 inches—one on the face three-quarters of an inch entered the upper lip, which was swollen—his right arm was so bruised that there was some difficulty in taking his great-coat off—he is still under my care—he was an in-patient from 23rd November till last Saturday—he had erysipelas, and was 10 days or a fortnight before he could go before the Magistrate—I produce a pair of trousers and a pair of boots; I made an analysis of the marks on them; in my opinion they were marks of blood; they were very slight—the wounds were dangerous—the erysipelas was the consequence of the wounds—they have not quite healed yet, but he is out of danger now, and I think he will be quite well in time.
AMOS ATKINSON (Police Sergeant T). On 23rd November I met Crockwell with Broadbridge in Stroud Road, Fulham—I stopped him and said "I am a police officer; I shall take you into custody for violently assaulting a police constable in the Greyhound Road this morning about 12.30—he said "Very well"—on the way to the station he said "I was at home at 12.5; I remember the policeman speaking to us at the Greyhound public-house; there was a lot of us there; I went down the Greyhound Road with Gavin and another man; I bid them 'Good night,' and came up Ansell Street home"—in answer to a question by the inspector at the station he said "These are the same clothes I was wearing last night, with the exception of the coat; that coat is in a box at my mother' house"—the trousers and boots produced are those he was wearing at the time—I handed them to the doctor.
Cross-examined by Crockwell. I can't say that I knew you before—Broadbridge gave me the information—he assisted us to find out the parties who had committed this assault—I sent him to your house to see if you were there—the statements you made were voluntarily made. Crockwell, in his statement before the Magistrate, and also in his defence, alleged that the constable committed the first assault, that he struck the constable once, but that it was the other man who kicked him.
CROCKWELL— GUILTY . He also PLEADED GUILTY to a conviction for felony in June, 1872, and other convictions were proved against him.— Eighteen Months' Hard Labour. BROADBRIDGE— NOT GUILTY . The Court awarded 3l. to Goddard as a reward.
MR. WILLES Prosecuted.
Street, Whitechapel—on 6th December, about 12.80 in the morning, I was going along Cable Street, just as I came from the Sailors' Home—as I was turning the corner of the street I saw the prisoner and four others—as I passed him he struck me on the side of the head—I turned round to ask why he did it, and I was struck a second time by another—I then pulled of my belt to defend myself, and the prisoner took hold of me and whistled; then came up another, who said "Give me a hand, old party"—he took hold of my hand and struck me, and 1 struck him with the belt—he said "You black b—, you have no right here"—three others then came up, knocked me down, and kicked me violently on the ground—I bled from the ear and a kick in the forehead—nearly all of them kicked me; the prisoner was the last man that did it—they tore both my trousers pockets down; I had nothing in them, but I had Borne money iu my breast pocket—I called out for assistance and the police came, and they all ran away except the prisoner; he was taken—I had given him no provocation—I was a little in liquor, but I had my senses.
WILLIAM READ (Policeman H 32). I was on duty in Wells Street—I saw a crowd in Cable Street; I went up and saw the prisoner and four others beating the prosecutor—the others ran away—I saw the prisoner strike the prosecutor in the face and knock him down and kick him in the face when he was down; I immediately took hold of him—on being put into the cell he said he would put his boot through Mr. Saunders the Magistrate's head, and he attempted to do it—I saw him trying to get his boot off, and the officer prevented him.
Prisoner's Defence. I was not going to send my boot at the Magistrate; it was at the policeman, because he locked me up innocent—I don't remember seeing the prosecutor.
GUILTY . He also PLEADED GUILTY** to a conviction at this Court on 8th September, 1876.— Five Years' Penal Servitude.
NEW COURT.—Saturday, December 17th, 1881.
Before Mr. Common Serjeant.
128. CHARLES BITTERLICH. (25) and JULIA AUDSLEY (30) , Stealing a shawl and two handkerchiefs the property of the East and West India Dock Company, and the masters of Bitterlich; to which BITTERLICH PLEADED GUILTY .
MR. GILL Prosecuted.
THOMAS WILLIAM GILLAN . I am a police-inspector of the East and West India Dock Company—on 17th November, about 9.40 p.m., I was visiting the warehouse of the Company at Crutched Friars, where Bitterlich was stationed as watchman; I heard a rattling of cases, and saw him coming from behind a van—I saw the cases lying on the cellar flap—he had no right to be in possession of those cases—I asked him what business he had down there; he said he had been down to see all right—I knew that a shawl had been stolen the night before from the warehouse where he was stationed—I went with Cahil to 5, Eleanor Street, Bow, where the prisoners live—we searched, and I saw Cahil find some handkerchiefs there—Bitterlich made a statement to me, in consequence of which Cahil afterwards saw Audsley; she is Bitterlich's sister, I believe—I saw her outside Newgate when he was in custody on 19th November, about 9 o'clock—I took her in custody, took her to the warehouse in Fenchurch
Street, and said "Do you know anything of an Indian shawl, or have you offered it in pledge?"—she said "No, I know nothing about it; I have not offered one in pledge"—I knew that she had—I said "You will have to go to the pawnbroker's to be identified"—as we got up to leave the office she said "It is no use telling any more stories; I did offer the shawl, and I afterwards took it to Attenborough's, and pledged it for 2l.; my brother brought it home, and said he got it on board a ship; I afterwards tore up the ticket and burnt it"—I charged her with receiving it knowing it to be stolen—I showed her two handkerchiefs, and said "Do you know anything about these?"—she said "Yes, my brother brought them from a foreign part, and gave them to me."
JOSEPH CAHIL . I am deputy superintendent of police at the East India Docks—on 18th November, in consequence of a statement made by Gillan, I went, about 10 a.m., to Eleanor Street, Bow, where the prisoners live, and found these two Indian handkerchiefs—I spoke to Bitterlieh about them; he made a statement to me, in consequence of which I went to a baker's shop at the corner of Arnold Row, Bow, and there saw Audsley; I said "There are two Indian handkerchiefs found in your and your brother's lodging; do you know anything about them?"—she said "My brother brought them from India with him."
SIMON HILLARY . I am a porter in the goods department of the East and West India Dock Company—these two handkerchiefs and this shawl are their property—I know them by having the same description of goods in a truck which they were missed from—the handkerchiefs have been washed—I have heard that Bitterlich has been at India—on 14th November I counted the shawls in the Fenchurch Street warehouse, and the bundle was tied up in my presence—I missed one of the shawls on the 16th—I had counted the handkerchiefs some time before, and when I counted them again I found 58 instead of 60—these two handkerchiefs have been washed while out of my possession.
CHARLES FLYNN . I am a pawnbroker, of 110, Bow Road—Audsley is a customer at my shop—on 16th November, about 10.30 a.m., she brought a shawl simtliar to this; I said "Do you want to pawn it?"—she said "Yes, how much will you lend me on it?"—I took it to be a Paisley shawl, and said "I suppose it is worth about five"—she said "Do you mean 5l.?"—I said "No, 5s."—she said "I want 3l. on it"—I said "3l. on that; if it is worth 3l. you had better take it up to the West End of the town, as we don't understand the value of this sort of thing down at the East End"—she said "It is a valuable Indian shawl; which is the best place to take it to?"—I said "Attenborough's in the Strand would be the best place"—she then left, and I afterwards saw Inspector Gillan.
Cross-examined by Audsley. You came back the same night, and told me you had pledged it at Attenborough's for 2l.
BENJAMIN PAWLEN . I am assistant to George Attenborough, of 193, Fleet Street—on the afternoon of 16th November this shawl was pledged in the name of Mrs. Harrison, 50, York Road, Lambeth, for 2l., by a person resembling Audsley, but I cannot swear to her—I was not aware that it was so valuable as is represented—I asked her whose it was—she said "It is my property; my brother purchased it in India."
had bought it of a man; I believe he is a seafaring man. I could not have known it was stolen or I should not have gone back and told the pawnbroker where I had pledged it"—I know that she lives in the same house as her brother; she told the inspector in my presence that she had burnt the ticket; that was about two hours before she was arrested.
Audsley, in her statement before the Magistrate and in her defence, stated that she received the articles from her brother, who said that he got them from a nigger on board ship, and that she had not washed the handkerchiefs.
BITTERLICH.— Twelve Months' Hard Labour.
AUDSLEY— NOT GUILTY .
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. FULTON Defended.
CLEMENTI ARRIGONI . I manage the business of my son Santo Arrigoni, of 15, Bed Lion Street, Clerkenwell—on 28th December I made up five cases containing 300 looking-glasses, my son's property; the stands were packed separate from the glasses two and two, and the glasses half a dozen in each parcel; they were put in zinc-lined cases for shipment to Columbo—they were sent by Tripp's van, which was driven by Newman; next day I heard of their loss, and informed the police on 15th November this year—I went with the police to Hoxton Street, about 8 p.m., and saw ten toilette-glasses there, six of which were complete, and four incomplete—these are they, and the police showed me 180 more glasses next day, without the pillars and stands—they were of different sizes—I have looked carefully through them, and find they are my son's property—some have drawers and some are without—I know nothing of the prisoner—these sort of glasses (Selecting some) are only made to order, but these others are kept in stock.
Cross-examined. I mean to say that these looking-glasses are not to be purchased in every shop which sells looking-glasses—I know teem by the way we blocked them in, and here are some tacks put in—I fastened these with glue, and only put one tack top and bottom—I also know them because we polished them rather light; other firms polish them darker—we put these papers on the back, and then we block, and, being silvered by a patent process, the paper will not damage the back; that is our peculiarity—these are not tin tacks, they are French brads.
Re-examined. I know these others, because we only made two dozen with round tops of the 10 x 8 size—I have no doubt whatever that these are the glasses that left our place—we have recovered twenty out of the twenty-four of those, and found them at the prisoner's place; besides that, here are some with cedar backs—I have done this sort of work for twenty-two years, and nothing else—I have no doubt about them whatever—they were worth 60l.—these without the stands are worth about 18l.; some are very large, 18 x 14, and some a size larger than that—these 190, in their damaged state, are worth about 18l.; supposing they were perfect they would be worth 20l.
JOHN NEWMAN . I am in the service of Mr. Tripp, a carman, of Clerkenwell Green—on 28th December I received five cases from Mr. Arragoni, to take to the Docks; I went there, but was too late to deliver them, and as I was bringing them back I stopped at a coffee tavern opposite Limehouse Church; I went in about five o'clock, had a cup of coffee, and had hardly time to drink it, when I came outside and
found the van was gone—I saw it again the same night, without the contents—I had no boy with me.
FREDERICK ABERLINE (Police Inspector). On 15th of last month I went with a search-warrant to 109, Hoxton Street, with Mr. Arragoni and Inspector Field and Sergeant Foster; the name of Garnham was over the door; the prisoner was at the door—I said, "Mr. Garnham?" he said, "Yes;" I said, "I am an inspector of police, this is also a brother inspector," pointing to inspector Field, "and this is Sergeant Foster; I hold a warrant to search your premises, as you are suspected of having a quantity of looking-glasses in your possession, which were stolen some mouths ago;" he said, "Oh, indeed!"—we went into the parlour; there were two large chimney glasses standing on the floor, and he said, "Are these what you want?" I said, "No, have you any others?" he said, "Yes, I have over 100 hangers-up down at Stratford;" I said, "That is the sort we want to see, where are they? at Stratford?"—he said, "I don't mean Stratford, I mean near Loughton"—I said, "Where are they at Loughton?" he said, "At Sydney House, I had a sale there"—I sent Sergeant Foster with the prisoner to search the house, and when he came down he said, "I expect some glasses here presently from Sydney House, as I had a sale there; I am having them brought home to-day; Mr. Blisset's van went away at 10.30 to fetch them this morning, and they ought to have arrived; "I then left, leaving Foster there"—I returned about 8 p.m., and saw a large van loaded with furniture drawn up in a street close to the house, and ultimately it was drawn up at the shop door—I saw it unloaded and a crate containing ten toilette glasses was carried into the shop—I went into the furniture shop and Mr. Arrigoni identified them—I said "This is the owner of the glasses, and they are stolen property, how do you account for them?"—he said "I bought them nine months ago, I think, at a sale"—I said "Have you any catalogue or invoice relating to them?"—he said "No, I cannot say where I bought them"—I said "I understood from you just now that you had a lot at Loughton, and they were coming up by a van to-day"—he then called in one of the men who came with the van and asked him if he had left any glasses behind at Loughton—he said "No, we brought them all up"—he said "Well, they must be stolen, then, I suppose, the same as my fowls; if you go there you will find I have lost a lot of poultry"—I said "Am I to understand these are all the glasses you have?"—he said "Yes, the others must be stolen"—he was then taken to the station and charged—while waiting to go before the Magistrate next morning he said "I cannot tell at all where I bought these glasses; I sent them down to be put in a sale in Sydney House, but did not sell them; I wish I could remember where I got them"—after he was remanded something came to my knowledge, and I went with Field to him in the gaoler's passage, and Field said "Me and Inspector Aberline are going to make a further search of your premises; we are told that you have some further premises at the back of your shop, and we are told you have some other property there"—he said "It is quite right, I have some more glasses there"—we went to the same place and asked the prisoner's wife for the key of the premises at the back—she spoke to a boy who got the key from behind the counter and gave it to me—I went through a passage into the back room and into a small yard about the size of that dock with a door leading through the hoarding to some place behind, which was a large
new building—I tried the door with the key, but could not get it open—I fetched the boy who opened it—it was a double lock—we went into a warehouse of two floors—there was a large room and a smaller room at the back, in which we found 180 of these glasses on the floor, all in pieces, but some hare been put together since—there was also a lot of gimp in cases, which was rotting, also some chemicals, some ducks and fowls—the room was in a dirty state from the fowls.
Cress-examined. I thought the prisoner had been drinking—I have not seen the doctor or the certificate—I know he was very ill, and I believe he had delirium tremens—he was not under the influence of drink during the conversation, but I found him drinking some brandy out of a glass in the parlour, and at the station he seemed the worse for drink—this place at the back is a warehouse.
Re-examined. There is no name up at the back—it is quite out of view, you can only get to it by passing through the private house—no one would know it was there.
GEORGE FORSTER (Police Sergeant). I went with Aberline to the prisoner's shop, and went upstairs with the prisoner to search the premises—he lit the gas and told me to search well—I found nothing—I said "Have you any back premises?"—he said "No, I buy glasses at sales, and those you saw downstairs I bought"—I said "Those are not the description of glasses we are looking for; what we are looking for are termed 'hangers' and 'swingers,' such as stand on toilette tables and hang on walls; have you any?"—he said "Yes"—I said "How many?"—he said "About 100"—I said "Where are they?"—he said "I sent them to a sale"—I said "Where?"—he said "At Stratford"—I said "Do you mean at this place?" showing him the catalogue of a sale at Sydney House, Woodford, on 10th November this year—he said "Yes"—I said "I can find no entry in this catalogue of any glasses to be sold"—he said "No, I sent them to be sold but they were not, and I expect them back shortly; I have sent a van to clear all out"—I said "Where did you buy them, and from whom?"—he said "I bought them about nine months ago, so long ago that I cannot say where or from whom"—I went downstairs with him, and then, by Inspector Aberline's directions, went to Woodford—I returned at 12 o'clock and found that the prisoner had been taken to the station—next morning I went to Woodford again, and from what was told me we went again to the prisoner's premises and found about 180 glasses in a room at the back—I was there when a van arrived with the ten glasses, and I said "I expected there were 100 glasses, there are not above 12 here"—the prisoner said "If there is not, that Adams must have stolen them"—I was informed that Adams was caretaker at Sydney House—that is a private house—property of every description was sold there, pigs, horses, traps, and furniture.
Cross-examined. He had occupied the house during the summer—after the prisoner was taken in charge he was very ill with delirium tremens, and had to be put in a padded cell, I was informed, and his examination had to be postponed for a fortnight—I saw him drinking whisky, and he was under the influence of drink when I went to the station—at 12 p.m., when I first saw him, he appeared sober—there had been an interval of six hours—I am informed that he has been in the habit of drinking for years.
Witnesses for the defence.
THOMAS MAGGS . I have been a sewing machinist, of Old Street Road, 25 years, and attend auction marts and sales—I never received an invoice in my life at a sale—I was with the prisoner this year at a sale at Johnson and Dimond's, King William Street, City, a pawnbroker's sale-room, and from there we went to Barber and Buckland's, auctioneers, in Kennington Road, where a person whose name I don't know addressed the prisoner by name, and said that some looking glasses were to be sold cheap, and asked him to go and see them—he said "I can't go now, I can't spare time, but if he will bring them to my shop at Hoxton Street if they are good and cheap I will purchase them"—I have seen Garnham at other auctions.
Cross-examined. I have known him seven or eight years—it was at the end of last March that we were at Barber and Buckland's—I have never been to the prisoner's premises—I know him through our children going to school together—he keeps a draper's shop—I do not know of the warehouse at the back—auctioneers keep catalogues of persons to whom things are sold.
Cross-examined. I have sold him several things—the last things I sold him were some dress pieces about two years ago—I have no auction room now, only an office; I had auction rooms in Wells Street, Cripplegate—I do not give receipts; the goods are the receipt—they often call out "Cash," and take the goods away—I have seen him in auction rooms since two years ago—I was in his place of business two or three years ago—I know that he had a room at the back.
ALFRED JOHN STEPHENS . I am one of the firm of John Stephens and Sons, of Shoreditch, and have been in the looking glass trade about 18 years—it is not unusual for looking-glass backs to be put on like these square ones without any other piece of wood—these tacks are ordinary military brads, which you can buy at any ironmonger's—there is nothing about this looking-glass which would enable any mortal being to recognise it as his—it is the commonest kind sold unless you have thin glass—the wood is flat on the glass—we do them any way, according to the time we have—if a maker has not time he abstains from putting the wood in—there is nothing unusual in putting paper between the board and the glass—I have been in the habit of doing it for 18 years—there is nothing about the polish of these glasses which would enable anybody to identify them—they are the same as most cheap goods are polished—they are worth about 12s. a dozen wholesale—I have made some gross of these arched top ones, and any number are to be found in other places—as to these swing glasses, there is nothing peculiar in these little pieces of wood glued in—unless we have plenty of time we do not put any tacks or brads in; we leave them till they are dry.
By the JURY. If they were my own manufacture I don't think I could recognise them, there are so many thousands alike—I cannot say whether I made these, there is the same colour of the polish on them as on those I make—it depends upon how the wood takes the stain and the time they spread on the polish—nobody turns out glasses the same shade, and as they get older they get darker—I sometimes put colour into the polish to match the wood.
By MR. FULTON. I have been to the prisoner's place—Mrs. Garner attends in the shop, and her two daughters and her sister—I know the place at the back—I went to Woodford last May to see the prisoner's farm, and saw 100 or 150 glasses in a smoking room—anybody could see them—that was before the sale.
Cross-examined. I believe his warehouse at the back was under repair at that time—I know there had been a fire—the glasses were all sorts and sizes, the same sort of pattern as these—I am a practical man—if I made two dozen of these for a customer (The arched top ones) and afterwards saw 20 of them I should not like to swear to them—if I saw a shipment of 300 and afterwards saw 200 of the same size and shape I should have great difficulty in swearing to the lot—if I had lost some and was taken to a police office to see them I could not swear that they were mine.
Re-examined. The warehouse was burnt down in November, 1880, and rebuilt by the Sun Fire Office, and was not finished till May, 1881—it was at that time I saw the goods at Woodford.
JAMES QUIDGLEY . I have been 15 years a polisher in the looking-glass trade—there is nothing in this arched-top glass which would enable me to swear to it after it left my premises—we always polish with shellac and spirits, which keeps it light, unless we are ordered to put colour in to deceive people—this is the commonest sort of glass—I have seen some gross of them every week for 13 years—no looking-glass can be identified by the polish—I have seen French brads used for common glasses—this is the commonest kind of glass.
Cross-examined. Common hangers are almost always made square—I do not suppose I have polished one arched top one of this size in 12 months.
JOHN ARCHER . I am a practical looking-glass maker, and have been 45 years in the trade—I have had men in my service 29 years—there is nothing to enable any one to identify these glasses, either the square, round, or long ones—I generally give out half a gross of these at a time to make, and six gross of the square ones—it is impossible to identify them by the polish or by the French brads—millions of them are used—I t is not unusual to glue these little pieces of wood in; I have glued hundreds of thousands in this way; when we have had a shipping order we do not put any tacks, to save expense—there is nothing peculiar in having this piece of paper fiat on the glass, it is done for quickness; I have been in the habit of doing it for 45 years, and my men around me.
Cross-examined. I have made some grosses of these with the arched top, and some not three months ago, but I never made any so small as these; but if I made two dozen with arched tops to order I could not swear to them afterwards—if out of 300 glasses I had 200 stolen, and saw 200 for shipment of different sizes and quality and description, I should have a difficulty in identifying them.
Re-examined. These arched top ones are made in large numbers: I have seen them at Benjoni's in Old Street in grosses and grosses of this very quality—I learnt my trade from the Italians.
GUILTY *(†).— Five Years' Penal Servitude.
FOURTH COURT.—Saturday, December 17th, 1881.
Before Robert Malcolm Kerr, Esq.
MR. SAUNDERS Prosecuted; MR. WILLES appeared for Edmonds and MR. E. C. ELGOOD for Watkins.
ANN TUERNER . I live at 22, Townsend Road, St. John's Wood—on Saturday, 16th October, about seven in the evening, I left home to go to the theatre—I locked up the house, and no one was left in it—I returned about 11, and found the breakfast-room window broken, a dressing-case on my dressing-table had been forced open, and many things taken, among them a small gold chain and pair of earrings (which I have seen since), a ladies' companion, tablecloth, opera-glasses, and two pipes—the pipes produced I recognise as my property and the gold chain—about 289l. worth of property was taken.
Cross-examined by MR. WILLES. No one else lives in the house but myself and Mr. Warren, the landlord—there are no servants in the house—the pipe is Mr. Warren's.
ARTHUR WRIGHT . I am assistant to Mr. Fleming, pawnbroker, at Lower John Street, Golden Square—I produce a pair of gold earrings and gold neck-chain pawned with me on 18th October in the name of John Williams—I do not recognise either of the prisoners.
GEORGE BRANSON . I am assistant to Mr. Fleming, 33, St. Martin's Lane—the pipe produced was pawned at our shop on 1st November in the name of Arthur Richards—the pawner told me it was a present from his father—I should not recognise the man who pawned it—I gave him a ticket.
P. S. CHURCH (Policeman). I took the prisoners into custody, and searched Edmonds; I found on him two pawn-tickets relating to the necklet and pair of earrings pledged at Fleming's on 18th October in the name of John Williams, and to the pipe pledged at 33, St. Martin's Lane, on 1st November.
WILLIAM WARREN . I live at 22, Townsend Road—the pipe produced is mine; it was taken from the house on the 16th October—I saw the two prisoners together the same night between half-past 9 and a quarter to 10 at the Union public-house, Haymarket.
Cross-examined by MR. ELGOOD. I left the house with Miss Turner, but did not go back with her—I got home about a quarter past 12.
NOT GUILTY .
131. The prisoners [ CHARLES EDMONDS (19) and HENRY WATKINS (30)] were again indicted for breaking into the counting-house of Arthur Lowe Jeffries and Edward Durrant, and stealing goods therein.—MR. SAUNDERS, for the Prosecution, offered no evidence.
NOT GUILTY .
DAVIS PLEADED GUILTY .
MR. FULTON Prosecuted; MR. M. WILLIAMS defended Michaels.
WALTER PAGE . I am foreman at Liverpool Street Station of the Great Eastern Railway—I was on duty about 5.50 on Saturday evening, 12th November—I saw the prisoners in the station, and kept observation upon
them—after I registered the prosecutor's luggage I saw Davis pull out a pocket-book and then walk up to the prosecutors portmanteau and pull the address off—Michaels was standing close by—they then walked away on to the platform—I drew Inspector Nunan's attention to their movements—shortly after 7 Davis went up to the luggage, and Michaels went up and spoke to Nunan, while Davis took the opportunity of walking away with the portmanteau—I arrested Michaels at once—he said, "What do you lay hold of me for? I have done nothing"—I said, "All right, I shall not let you go."
Cross-examined. I was dressed in uniform, but had my overcoat on—I was close by, pretending to be doing duty, but watching them all the time.
Re-examined. At that time of the day on Saturday the station is very slack—the Continental train by which the prosecutor was going went shortly after 7.
MATTHEW NUNAN . I am an inspector in the employ of the Great Eastern Railway—I did duty in plain clothes on the evening of 12th November—about 6.50 the last witness called my attention to the two prisoners; they were looking at the luggage in the trolley—they went on to the platform together and came back in a few minutes—I had a newspaper in my hand, and pretended to be reading—Davis took the bag off the trolley and placed it by the side, Michaels covering him at the time, looking at me—I followed Davis out and arrested him, and called out to a porter to stop Michaels—I was present when Michaels was searched, and he had no railway ticket upon him—he said lie did not know anything about the robbery, and did not touch the bag.
Cross-examined. That was the first evening I was at the station; my duty usually lies at Bishopsgate Station, but the other inspector was away at that time.
WILLIAM HUDSON (City Policeman). I was called to the railway station to take the prisoners into custody—in answer to the charge Michaels said "I know nothing about it"—when searched he had a silver watch upon him but no railway ticket.
MATTHEW NUNAN (Re-examined). I am detective officer at Bishopsgate Police-station—I have frequently seen the prisoners together—two nights previously to the 12th November I met them coming out of the Great Eastern Station, Liverpool Street, about 10 minutes past 7 o'clock, just as the continental train had left—I have known them as companions for the last 12 or 18 months.
Cross-examined. I was called as a witness before the Magistrates, but was not examined—this is the first time I have given evidence that they are companions.
WILLIAM HOLLOW . I am a mining engineer—the bag produced is mine—I intrusted it to a railway porter on the 12th November, and did not see it again until it was in charge of the police—it is worth 25l.
MICHAELS— GUILTY.— Five Years' Penal Servitude.
DAVIS— Seven Years' Penal Servitude.
MR. GILL Prosecuted; MR. KEITH Defended.
at 2.15, I was walking past Park Square Gate, and the prisoner and another man were walking behind me for some distance, and then the prisoner came in front of me, and then again behind me, talking to the other man—I saw him and heard his voice—some time after I felt a blow on my chest, and a hand was placed over my mouth, and the prisoner took my watch and chain, and tried to get my rings—I screamed out and he ran across the road down Cumberland Terrace—I afterwards went to the police-station to identify the man, but I did not pick the prisoner out at first, as he was eating and had his face turned away—when I saw his face I picked him out at once.
Cross-examined. The prisoner had a clean shaven face, ginger hair, and sore eyes—he had on a pair of corduroy trousers and a white handkerchief round his neck, as at present—I am an actress at the Lyceum.
EDWARD EDWARDS . I live at Montpelier House, Brecknock Road—I am a coachman—on Nov. 11th I was driving my master's carriage; when near St. Catherine's Lodge I saw a young lady put her hands up and scream—I gave the reins to a fellow-servant and went towards them, when I saw the prisoner run across the road and down the mews—I went after him, but he escaped—I have no doubt he is the man—I picked him out amongst others at the station.
Cross-examined. The prisoner was dressed as he is now—the other men at the station with him were about the same height, but did not resemble him otherwise.
Prisoner's Statement before the Magistrate. "I was discharged at a quarter-past twelve from here; I went straight home and went to bed."
CHARLES CHAPPELL (Policeman S 114). The prisoner was in custody at the Marylebone Street Police-court on a charge of loitering with intent to commit a felony, and was discharged at a quarter-past twelve on November 11th—he was not arrested on the present charge, but was in custody on some other charge.
Cross-examined. I have a record of the time he was discharged—there was a woman charged with him with loitering on the 11th, and both were discharged.
Witnesses for the Defence.
MARY COLLIER . I live at 45, Great Wild Street, and am wife of Frederick Collier—the prisoner is my brother—I remember his discharge on the 11th, between twelve and half-past—after that we went across the road to a public-house, and I gave him two pennyworth of bread-and-cheese; we sat there for some time, and then went straight home to Wellington Square, Gray's Inn Road, to my mother's—we got there a little after two, and the prisoner never went out any more that night.
Cross-examined. I do not live at Wellington Square—I should think it would take about twenty-five minutes to get there from the police-court—when we got home prisoner lay on the bed, and did not get up that day while I was there.
Re-examined. He did not leave my sight till past two, after he was discharged from the police-court.
CAROLINE THORN . I was charged at Marylebone Street with the prisoner, with loitering—after we were discharged we went into a public-house, and had some bread and cheese and some beer—we stopped there nearly an hour, and then went straight home to his mother's, at 11, Wellington Square—his mother made some tea, and prisoner went to
bed and stayed there till I left at ten o'clock in the evening—when I was charged I was able to call evidence of sixteen years' character, and so was discharged.
By the COURT. I have been keeping company with the prisoner six years next June—I see him every night after he leaves work—I saw him in March of this year.
GUILTY .*— Five Years' Penal Servitude.
Before Mr. Recorder.
MR. MORTON Prosecuted.
GEORGE NEWSOM . I am a livery stable keeper, at Forest Gate—the prisoner was employed by me as a coachman for three months—Mr. Barlow owed me 1l. 9s. for the week ending Nov. 26—on that day, between six and seven o'clock, I gave the prisoner the account to take, and told him to wait for an answer—he came back in about three-quarters of an hour, and said that Mr. Barlow would pay next week—on 3rd December he said he had to go that way to pick up a job, and would leave the account, but I said I would send my son—the prisoner never paid me that money—I afterwards found that Mr. Barlow had paid him, and I accused him of it—he said he had lost a sovereign—I can't say what he said he had done with the rest—I gave him into custody.
DAVID GAGE (Policeman). I took the prisoner into custody—he said, "I agree receiving the 1l. 9s. from Mr. Barlow; I am very sorry for it; I adjourned to a public-house, where I lost a sovereign out of my pocket, and the rest I can't account for"—I found no money on him.
Prisoner's Defence. It was not my intention to rob the man, I would sooner have given him a pound—he is no better off than I am—I offered to make it up.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. FORMAN Prosecuted; MESSES. THORONE, COLE, and LEVEY Defended.
years in our service, and gave us the whole of his services—on 15th November I said to him "Will you come and meet me this evening, and go through our accounts?" he did so, and made out a list of all the customers on whom he used to call, and pointed out to me the amounts he had received and not paid into the office and the amounts still owing by customers—there were over 160 accounts altogether, and it was 167l. which he admitted—he ought to have paid those moneys to me the next or the second day after receiving them—among other amounts he admitted receiving 6s. 6d. from Mr. Maidment, 4l. 12s. from Mr. Hammond, and 1l. 4s. from the North Kent Brewery—he had no authority to retain those sums—these three invoices are his writing—it was not his duty to make them out; we keep an invoice clerk for the purpose.
Cross-examined. We have been in business three years—we took the place of a coal merchant, Mr. James Kirk, and he took it from Mr. Gibson—the prisoner had been in Mr. Winter's service for several years, and I went into partnership with Mr. Winter, who took the business of a Mr. Hodgson—Mr. Kirk went into partnership with Mr. Winter, and the prisoner was in his service when I joined it—we gave him 52s. then, and afterwards 50s.—he had not to go all round the country, collecting orders, only in Woolwich, Plumstead, Lee, and the neighbourhood—we send out coals three miles round Woolwich, and sometimes four or five miles—when a man receives no wages we give him 1s. or 1s. 3d. per ton commission—the prisoner has brought in orders for 30 or 35 tons a week, but not 50 or 60; he may occasionally have done 40—our business has increased in the last few years, but not through Lovell—we have 12 horses now; there were, five in the business which I bought—the prisoner got a great many orders from publicans, but not through them—he was not a good salesman; we kept him on in our employ solely because he had a certain connection, if we had not he would very likely have taken the connection from us—there never have been any deficiencies—I never found his accounts wrong till Tuesday, 15th November—he was given in custody next day, Wednesday—I have not obtained money from his friends for other deficiencies—I don't know whether Mr. Winter has; I have not been told so—I never heard of anything which happened before I came into the firm—I heard nothing till after he was committed for trial about his paying 10s. a week to Mr. Hodgson—I never heard it from Winter at all, but I did from somebody else—I never heard of his paying back sums which he was deficient in—I did not know till Mr. Buchanan told me that he lent him 17l. to put matters all right—I did not say to Mr. Smith and Mr. Edmonds that my partner, Mr. Winter, had called on Mr. Buchanan, and asked him for a cheque for the money—Mr. Winter called upon Mr. Buchanan to hear where Lovell was, as he was going to arrest him, but what passed I do not know—I knew that Mr. Winter was going there, but not what he was going to say—the accounts occupied us on 15th November from 6 o'clock to 9.30, and Lovell was given in custody next afternoon, after Mr. Winter came back from Mr. Buchanan's—I do not recollect that I saw Mr. Winter in the interval, and I am not certain whether he told me the result of the interview—the prisoner not only got the order for 20 or 30 tons of coal, but he also collected the money—we have no collector, but we pay 5 per cent, to a debt-collector to recover in Court—it was the prisoner's business to collect the money without commission—I
first heard on the Thursday, when I went to Buchanan's house, that Lovell had paid 10s. to Mr. Hodgson; that was after he was in custody—Winter went there in the morning, and I went afterwards by invitation—I knew of the deficiencies before November 15; I had sent notices on 12th November to people who owed us money, and two days afterwards answers were returned—I first heard four or six months ago that the prisoner has a legacy of 60l. when he gave me the cheque to cash; and when Smith and Edmunds called at my house on the day Lovell was arrested I said "Lovell seems to have received sums of money which he has not paid into the office, and which he puts down to his negligence. I hope he will employ some of that 60l. to go through his accounts and rectify them"—Mr. Gilles came down to the office to pay for some coals—I did not say when I went to Mr. Buchanan "You may as well pay this money, you can leave a little less money to your niece."
Re-examined. The farthest distance the prisoner travelled for me was Bexley Heath, four or five miles off—I never paid him commission besides or instead of wages—some of our travellers travel on commission, but he was not one of them; he was paid weekly—Mr. Winter went twice to Mr. Buchanan's house; the first time was to see if the prisoner was there, because he is a relative of Mr. Buchanan—we afterwards received a letter from a relative of Lovell's inviting us to Mr. Buchanan's house instead of his coming to us—it was the prisoner's duty to pay over these moneys within two days of receiving them.
HENRY WINTER (Not examined in chief) (Cross-examined). On 16th November, about 9.30 a.m., I went to Mr. Buchanan's house, and told him of the deficiencies of his half-nephew the prisoner—I did not ask him for a cheque for the amount, or for the money, nor did I tell him that if I did not get the amount the young man would be arrested—I told him he would be arrested whether we got the money or not—I never got any money from Mr. Buchanan before—I did not get 17l. from him, or from the prisoner, or from the prisoner's wife, or from anybody, but the money was stopped from his wages—he sometimes paid 10s. a week, and sometimes 7s. or 8s. for 16 or 17 weeks; I did not get a lump sum from anybody besides—that is about four years and a half ago—for about a month before he was arrested I saw there was something wrong—I know Mr. Harding, of Clark's Farm, Wickham; I spoke of obtaining about 7s. 6d. a day from him—I know Mr. Hale, of Eltham—that is the sum you are alluding to four years ago—that was before I was in partnership with Mr. Rhtz—I have been in the prisoner's company when he has been out canvassing for orders, but very little—he is rather a good man at his work, and I am very sorry to see him here—he is too clever for me—I deny that he has a good connection of his own; it is mine—I have paid for it—it was not till after the prisoner was remanded that I said to Mr. Buchanan "I am very sorry to see this young man in this unfortunate position"—he said "Will you take so much money?"—I said "No"—he said "You might as well make it up 100l.," that was by way of chaff—I said "No," I never said a word about his niece.
By MR. FORMAN. No money has been stopped from the prisoner's wages during the time Mr. Rhtz and I have been in partnership, but before that there was a little deficiency; I only know of two charges—I had an interview with Mr. Buchanan in reference to the first charge.
of a ton of coal of the prosecutors, which came to 6s. 6d.—I met the prisoner, and asked him if he had come for his money—I paid him, and he took 3d. off, and gave me this receipt (Bated 4th April, 1881).
Cross-examined. I have known Lovell eight or ten years—he did not call for orders; I gave him the order through knowing him—his character has been that of an honourable, respectable man.
GEORGE HAMMOND . I live in Albion Street, Woolwich, and deal with the prosecutors—in August last I bought four tons of coal of them, which came to 4l. 8s. with the discount off—I paid that sum to the prisoner on 12th August—this is his receipt.
Cross-examined. I have known him five or six years—he is a respectable, honourable young man as far as I know—I saw him once a month.
Cross-examined. I have known him seven years; he has borne the reputation of a respectable, honourable young man.
Re-examined. I only know him as collector.
WILLIAM MORGAN (Police Sergeant R). I saw the prisoner on 16th November at the Rose, Bexley Heath, and said "I shall take you in custody for embezzling various sums amounting to 176l. odd belonging to your masters, Messrs. Winter and Co."—he made no reply.
Witnesses for the Defence.
WILLIAM BUCHANAN . I am a retired solicitor, and live at Ripon Road, Shooter's Hill—I am half-uncle to the prisoner's wife—on 16th November, about 10 a.m., Mr. Winter called on me and produced a long list, and said "Here is Lovell in it again"—I said "What is that, sir?"—he said "Why, he owes all these sums of money"—I said "How much is the amount?"—he said "I think it is 170l.; you can put it to rights if you give me a cheque, because you can give your niece so much less when you die; my partner hands this list to me and says if I don't bring back a cheque for the amount he shall give him in custody "—I said "That is the best plan for him"—we had considerable conversation, and I said "If we collect 50l. towards it will that be of any use? "—he said "No, my partner is determined to give him in custody unless I bring back a cheque"—I said "Then I won't give it"—about six days after that, during the remand, both the partners called on me; Mr. Winter went out of the room for a moment, and while he was away Mr. Rhtz said "You can make it all right by leaving your niece so much; less"—I said "I shall do nothing of the kind; I shall have nothing to do with it"—Winter then came in and said "I will take 100l."—I said "It is no use; I won't give a farthing"—he said "No, and I won't take it if you do; I will have all the money"—it was said that the prisoner was to give a bond not to go over the same ground which he was in the habit of working for his masters, and I said "I shall persuade him to do that"—that proposal was not made by way of a joke; it was spoken very seriously indeed—I always gave the prisoner my orders—about three years ago Mr. Winter called on me in the same way; it turned out that Lovell was a defaulter for about 24l.; Mr. Winter asked me to pay it, and I refused, but after some days I handed over 17l. to the wife, and Lovell paid the remainder at 10s. a week, and his wife paid up to a fortnight age 10s. a week to Mr. Winter.
Cross-examined. I only know that by his wife telling me so—I know that he had a weekly salary—my niece often came to my house, and so did the prisoner before he defaulted, three years ago, but not after that—it may have been more than three years ago—I am in my eighty-fifth year; my memory is not so good as it was—I do not believe it is four years ago—I paid the 17l. because Mr. Winter said he would give him in custody—I found fault with Mr. Winter for letting it go on so long—I tried to settle the affair before the prisoner was taken in custody this time—I will not say whether I said after he was in custody "My offer stands good for 50l."—I did not send for Winter on the second occasion, but I said "I can't go to him, I am too infirm"—I asked Mr. James to call; I was in hope that they would take 50l.—my message was "If Mr. Winter wants to see me I am always at home"—I don't think they paid the least regard to my request; they came to get my cheque—I was in Court while the two prosecutors gave their evidence, and I was very sorry to hear what I did.
JOHN HENRY SMITH . I am the prisoner's brother-in-law, and live at 4, Ebenezer Terrace, Plumstead—on the evening of 16th November I called on Mr. Rhtz with Mr. Edmunds and said "I have come from Mrs. Lovell to ask if you will come to see her respecting her husband, who has been arrested to-day"—he said "I cannot understand your coming to see my niece, taking into consideration that Mr. Winter called on Mr. Buchanan to-day and asked him for a cheque to cover the amount they have arrested him for, saying at the same time that if it waft not forthcoming he would be arrested, and Mr. Buchanan replied 'Then arrest him,' or words to that effect"—Mr. Edmunds asked Mr. Rhtz how long he had known of this—he said. "I have known of it for some time, in fact previous to last May, that Lovell was coming into a legacy of 50l. or 60l.; I thought he would make up the defalcations with that amount, which, however, has not been done," but he was not asked that question by Mr. Edmunds, he volunteered it; the question Mr. Edmunds asked was "Did your brother traveller Martin know it?"—he said "Yes, and cautioned him, which caused Lovell to shed tears"—in conclusion he said that he was very sorry for Mr. Lovell, and had the money been paid that morning he would not have been arrested—next morning, 17th November, about 11 o'clock, I saw Mr. Edmonds, Mr. John James, and Mr. Winter coming from the station towards the wharf, and Mr. James asked Mr. Winter for a remand to see what could be done—Winter said "Why the devil did not Mr. Burns pay the money yesterday, and then it would be all settled?" or words to that effect.
Cross-examined. Being a brother-in-law of the prisoner, I was very anxious to get him off—I said "If not forthcoming he will be arrested; if it was a simple debt I do not know why Lovell should be looked up for not paying it"—I never had any plain truths given to me about it, because it was all within two hours—I am not bound to say what conclusion I came to—Mr. Rhtz used the word "defalcation."
Cross-examined. I was out of Court when Mr. Smith was examined—I think Rhtz said that he called to ask Mr. Buchanan to write out a cheque for the amount, and if he did not Lovell would be arrested—that was because he had taken his money.
JOHN JAMES . I am the prisoner's brother-in-law—on Thursday, 17th November, I was at the interview at the office; that was the day after the arrest—Rhtz said that he had hinted to him many times about his accounts being wrong—I said "Was that before the 60l. in May?"—he said "Yes, some time before; I did not like to tell him he was a thief; I always treated Mr. Lovell as a gentleman; it is very hard for one gentleman to tell another he is a thief"—Mr. Winter did not come in; it was proposed that we should come back in half an hour, and while we were out we met Winter.
Cross-examined. I signed this letter: "Sir,—We are requested by Mr. Buchanan to call on you to ask you if you will be kind enough to wait on him relative to a settlement asking you to take into consideration his great age and infirmity. November 21, 1881."
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. PURCELL Prosecuted; MR. T. M. F. PARKYNS appeared for Pedder and
MR. F. S. WILLIAMS for Pym.
CHARLES BONNEN . I am a Custom House agent in the Minories—on 28th November I sent away a cask of wine and a cask of spirits in charge of my man, named Penny, in my own cart to the Greyhound public-house at Bromley—I know Pedder—he had no right in my cart.
WILLIAM DAVID BROTCHIE . I am an oil and colourman's assistant, living in Florence Road, New Grove—at 6.30 p.m. on 28th November I was standing at the corner of High Street, Deptford—I saw a cart standing there with the name "G. Bonner" on it—Pedder was in the cart—he was trying to deface some pots by dashing them together—I watched him—he got out of the cart and walked into Mr. Dignam's shop, taking the nine pots with him—he remained in the shop about five minutes with the pots—he went to another dealer's, a general shop, and remained there about five minutes—he did not have the pots when he came out of this shop—he then went round the corner and jumped up in the cart—I went and spoke to a constable—the cart was about 20 yards from me when it first attracted my notice—I was near enough to have a good view of his face—I am certain he is the man.
Cross-examined by MR. WILLIAMS. It was an ordinary evening, not very dark—I saw his face when he was in the shop—I might have been 30 yards off, but not 35—I watched at the corner.
Cross-examined by MR. PARKYNS. I could not swear he was not carrying 19 pots; I should say there were not more than a dozen—I said before the Magistrate, "It was dark, I could not see very well"—that is true—I did not see his face in Pym's shop, I saw his back there—I did not go into the shop and ask if anybody had sold any pots there.
Re-examined. Pedder would have to pass near where I was standing.
WILLIAM SNELL (Policeman R 143). About 6.30 p.m. on 28th November in consequence of what Brotchie told me, I went to Pym's marine store shop—I told him I had received information that he had bought some pewter pots—he said, "Yes, here they are," putting them on the floor—I examined them, and saw on the bottom "The Greyhound, Bromley," and on the front the initials, "I. S."—I told him I suspected there was something wrong, and he was not to part with them until I and the other
constable came back—I went with Craggs at about a quarter to one in the morning and knocked at Pym's door—he opened the window above—I said, "Mr. Pym, I have come about the pots"—he said, "You can have them at 6 o'clock," and he shut the window—he came to the window again and said, "I cannot come down to-night," and he shut the window again—he came a third time and said, "I cannot give you the pots; I have sold them"—I went away, the other officer remained.
Cross-examined by MR. PARKYHS. I said, "Have you bought any pewter pots?"—he at once said, "There they are"—they were not stowed away—he was perfectly frank—I did not say the pots were stolen.
THOMAS FRANCIS (Policeman R 258). On the evening of the 28th November I tried to overtake this cart in the Minories—when I got to the Minories it had not arrived there—at 11 o'clock it returned to Mr. Bonner's place—Brotchie was with me—he pointed Pedder out to me in the cart—I told Pedder I was a police officer, and I should apprehend him for stealing some pewter pots and for selling them—he said he did not know anything about pewter pots; then he said he had sold some—I asked him how he accounted for them—he said that was his business—walking along he said, "I know who I bought them of; a man with an apron on; I gave 2s. for them and sold them for 6s. 8d."—further on Pym said to Pedder, "You don't know anything about pewter pots, and I don't"—they were brought to the station—at 1 o'clock in the morning I went to Pym's with the other officer—we knocked at the door—Pym came to the window—Snell, who was in uniform, said he had come for the pots—Pym said, "You must come at 6 o'clock in the morning; I cannot come down now"—I heard some one downstairs in the shop, and I knocked again—he came to the window again—I said, "I must have the pots; the inspector has sent for them"—I knocked again, and he came a third time; he said "I have got no pots"—I went away, and returned about 7.30 a.m.—I said to Pym "I have come for them pots;" he said "I have not got any pots, I have sold them"—I said "Who to?" he said he didn't know the man's name, but the man wanted to make solder of them—I said "Two officers came here last night and told you not to part with them, and you should not have done so;" he said "I kept them till past 9 o'clock, and thought if there had been anything wrong they would have come before that time.
Cross-examined by MR. WILLIAMS. I cannot say if he was in bed when I went first—I told him if he didn't open the door I would open it—he then said he had no pots—I had a communication made to me or else I should have broken into it—he did not refuse to go to the station; he refused to come down.
Cross-examined by MR. PARKYNS. The cart was in a large stable yard in the Minories—there was a beer-shop at the corner—I do not know the neighbourhood.
JOHN CRAGGS (Policeman. R). I went with the other constable to Pym's house about 1 a.m. on 29th November—I heard the conversation that took place at the window—I took Pym to the station about 7.30 the same morning—when I came back with Francis and Snell and we knocked at the door, Pym opened the window and said "Come at 6 in the morning and I will show you the pots"—he mentioned no other name—Pedder was put with seven other men to see if White (that is Dignam) could identify him.
CHARLES COPELAND . I am manager to Mr. Isaac Saunders, of the Greyhound, Bromley—in consequence of his instructions I gave Peony 21 pewter pots—I saw the potman give them to him, and I saw him put them into Bonnen's cart—Pedder was with Penny—the pots were packed in a hamper—they were to be taken to Great Tower Street—12 of those pots are missing—the others were found at Bonnen's place by the police—it will cost 2l. to replace them.
Cross-examined by MR. PARKYNS. I didn't see them put in the hamper—the potman told me they were put in—I saw some of them—as far as I know, 21 were put in—they were going to be repaired—some were leaky and some dented—they can be beaten out again—they were not worn out—when they are worn out we return them to the pewterer, and he allows us for them.
Re-examined. The two pots produced are a fair sample—I suppose they are two of the best.
Pedder's Statement before the Magistrate. "Mr. Pym says he never saw either me or Penny, and I say I am not the man. There is no one that saw us that night, and I am innocent of stealing the pots."
NOT GUILTY .
MR. JACKSON Prosecuted; MR. KEITH FRITH defended Allen, and MR. THORNE COLE defended Jones.
MORIANI LOUIS (Interpreted). On 3rd November I was a seaman on board the Bourdrsum—Allen was employed on the ship—about noon on 3rd November I was going to the Seamen's Hospital with one of the men from the ship—I do not know the man—we took the boat, and then the two prisoners took me to a public-house—I was not able to walk—they had something to drink, for which I paid—I tendered a sovereign in payment—I went away with the prisoners—five or ten minutes after leaving the public-house one took hold of me by the throat and the other took my money from my pocket—I had 2l. in gold and 2s. and a little bag—I could not call out—this occurred about half past 5 in the afternoon.
Cross-examined. I was suffering from fever, not caused by drink.
MARY REEVES . I live at 2, Mary's Cottages, Stowage, Deptford, and am the wife of Thomas Reeves—about two or three minutes to six on 3rd November I was in my house and heard cries of "Thief murder! help!"—I went out and saw three men tussling, as if they were fighting—I could not tell hardly what sort of men they were, but one was taller than the other—the shorter one had his arm round one's neck, and the taller man was doing something to him, but I could not say what—when I got a few steps nearer the taller one walked away by himself, and when within a few steps of them the shorter one picked up the bag and put it on his back, leaving the prosecutor against the fence—they both went up the Stowage, as though going to Deptford—the prosecutor went along feeling by the palings—he seemed to go very badly.
Cross-examined. I was only three yards away, but I should be sorry to say I recognise either of the prisoners.
CLARA GIFFORD . I am the wife of William Gifford, landlord of the Old George public-house, Deptford—on November 3rd, about a quarter past 5 o'clock, the two prisoners, with Louis, came to our house; Louis was very bad, and Allen was leading him—Allen asked him what he
would have to drink, and he said "Nothing"—Allen said "We want something if you don't; what will you have, some gin, brandy, rum, whisky, or what?"—Louis still said "No, nothing"—Allen eaid to me "Draw us a quartern of whisky," and told the prosecutor he would have to pay for it in a threatening kind of manner—the prosecutor seemed very much afraid of him—he pulled out what appeared to be half a sovereign, but at last put down a shilling in payment—Jones said "Oh, isn't he artful, he is sifting it"—I did not like their manner, and communicated with my husband—I saw them go away, and shortly afterwards went to the door to see if I could see a policeman, when I saw Jones coming back at a sort of jog-trot with the bag on his back, and Allen close by him breathing hurriedly, as if he had been running or fighting.
Cross-examined. The prisoners were perfect strangers to me—at the police-station I first picked out another man for Allen—Allen was dressed; differently at the time, and his face was turned away from me.
Re-examined. After I made the mistake I heard Allen speak, and I at once recognised his voice.
WILLIAM GILL (Policeman R 221). I know Robert Lindskill; he is ill in bed and unable to come out—I was present at the police-court on November 25th, when he gave evidence—he was sworn, and the prisoners had an opportunity of cross-examining him.
MR. JACKSON proposed to put in evidence Lindskill's deposition, MR. KEITH FRITH objected, and submitted that the best evidence that the witness was so ill as to be unable to travel must be forthcoming, and that a doctor ought to be called to prove this. The COURT admitted the deposition. The deposition was put in and read. It stated that at half-past 5 o'clock he was in the Old George public-house, and saw the prisoners with the prosecutor, that he went out afterwards and saw Jones carrying a bag, he followed him for half a mile, and on coming up to him detained him until the arrival of a police constable.
WILLIAM PULLEN (Thames Policeman 71). Just before 6 o'clock on the 3rd November I was in London Street, Deptford—I saw two men whom I do not know, and followed them to Hughes's Fields, Deptford—I saw Lindskill holding Jones, and a sailor's bag containing his kit lying on the ground—I took him to the police-station—the next morning I communicated with the Wapping police, and Allen was brought to me there—I told him the charge and took him to Greenwich—when at the station yard his wife came to see him, and he said to her "Go and tell those chaps I paid them at half-past 5"—she said "How can I do that when you paid them at 5?"—he said "They will have to come up here as witnesses."
Cross-examined. I have no written note of the conversation—I do not know that it is my duty to take down such conversations in writing.
WILLIAM GIFFORD . I am landlord of the Old George—on November 3rd, about half-past 5, my wife asked me to come into the bar, and I saw the prosecutor and the two prisoners there—I said to the prisoners "What are you going to do with that man?"—Allen replied "We are going to take him to the hospital"—I said "You had better look sharp about it, for he looks very ill."
West Coast of Africa—he was in a very low state indeed—the struggle with the prisoners described by the witnesses would have affected him very much in his weak condition.
Cross-examined. Such fever sometimes causes delirium in very bad cases—I never knew it to affect the memory—he was not delirious during the time he was under my charge.
Jones's Statement before the Magistrate. "I was in charge of the boat at Limehouse, and rowed Alien and Louis over to Deptford. After we left the Old George the prosecutor wanted to go into another public-house, and we would not let him. Allen said he must leave him in my charge, as he had to pay his men at Wapping before 6. Two chaps came up and said they would see him to the hospital, and they caught hold of him to lead him. I put the bag on my shoulder and went ahead, when the spirits overcame me, never being used to spirits, and that is all I remember."
Witness for Allen.
JOHN CONNOLLY . I was working on board the same ship as the prosecutor, and Allen worked there as stevedore—he employed me, and paid me about 6 o'clock as near as I can remember; it might be a few minutes past 6.
Cross-examined. I am sure of the time because I had a glass of ale at the Bell, opposite the Tunnel, and then went straight home, and it was a quarter past 6 when I got home—I did not see Allen from 12 o'clock that day till he paid me.
By the JURY. I live at 4, Gold Street, which is about five minutes' walk from the ship.
JONES received a good character.— GUILTY .— Five Years' Penal Servitude.
ALLEN.*— Ten Years' Penal Servitude.
Before Mr. Common Serjeant.
MR. POLAND Prosecuted.
CORNELIUS MOYNEHAN (Policeman W 275). On 19th November, about 11.40 a.m., I saw the prisoner and two others in Wandsworth Road—I was in plain clothes—I had received information, and when I went towards nun he ran away—I followed him about ten yards, caught hold of his right hand, and he put his left into his trousers pocket, pulled out a parcel, and threw it over a house two floors high, 121, Wandsworth Road—Mason held him while I went into the back garden and picked up this parcel containing five bad florins, each separately folded in newspaper—I went back and said, "I shall charge you with having in your possession a quantity of counterfeit florins, with intent to utter them"—he said, "I know nothing about them"—he said, "I can't see why you should search me"—I insisted on searching him, and found three good shillings, fourpence halfpenny in bronze, and a knife—on the way to the station he said, "Don't put nothing into my pockets"—I had a boy named Banks in custody at the station the day before, who was awaiting his trial on another charge, and I fetched Miss Pavison to see him, and received from her this half-crown (produced).
BARBARA GRIFFITHS DAVISON . My parents keep a sweet and tobacco shop, 97, Stewart Road—on 10th November the prisoner came in with a boy named Banks, asked for a pennyworth of tobacco, and gave me a bad half-crown—I took the tobacco back, and called my mother—the prisoner then said that it was not bad, but he would take it back to those who gave it to him—Banks gave me a penny for the tobabco, and they left—I followed them, and in the street I spoke to a constable—on the Wednesday week afterwards I picked the prisoner out at the station from five or sis others, and on the 18th I identified Banks.
Prisoner's Defence. When the constable seized me a boy called out, "He is trying to put something into your pocket!" and I saw some counterfeit florins between his fingers. He said if I did not keep my hands from my pockets he would break my arm. When I asked him where he got them he said I should hear that when I got to the station. It wad impossible for me to throw them over a house while they were holding my two arms.
GUILTY .— Fifteen Months' Hard Labour.
MR. J. P. GRAIN Prosecuted.
BARBARA GRIFFITHS DAVISON . I live at 97, Stewart's Road, Wandsworth, with my parents, who keep a sweet stuff and tobacco shop—on 10th November a man named Sherville and the prisoner Banks came into the shop—Sherville called for a pennyworth of tobacco, and tendered a half-crown—I looked at the coin, and seeing it was a bad one took the tobacco out of his hand and called my mother—I told him it was a bad one, and he asked me to give it him back and he would return it to those who gave it him—my mother refused to give it him, and he went away with the intention of fetching those who gave it him—Banks followed him out and went in the same direction, but I did not see whether they joined—I went outside to see if I could see a constable, but could not—information was given to the police.
ELIZA BRYAN . I am a dressmaker, living at 31, New Road, Wandsworth, where my mother keeps a tobacco shop—on 17th November, between 8 and 9 p.m., Hogan came into the shop, and asked for half an ounce of tobacco, and tendered a bad half-crown—I said "This is a bad one"—he said "I did not know it was bad; I had it given to me"—I said "I shall lock you up"—he walked slowly rat, and went away—whilst I was examining the coin Banks came in and asked for a pennyworth of tobacco, for which he paid a penny, and stood lighting his pipe while Hogan went out; Banks followed almost directly—as soon as he got outside Hogan ran away—I did not see them together; I gave the coin to my brother—when I saw the prisoners together at the policestation Hogan said "Banks picked it up and gave it to me."
CORNELIUS MOYNEHAM (Policeman W 275). About 10 p.m., on 17th November, I saw Banks outside the Portland Arms, Wandsworth Road, with others—I went up to him, and said "I suspect you of having counterfeit coin in your possession"—I caught hold of his left arm; he put his right hand into his trousers pocket, and took out the two bad half-crowns (produced), and threw them against the window of the Portland Arms—I took him to the station, and charged him, but he was discharged by the inspector—I had not then information as to the present charge—on the morning of the 18th I received further information, and went in search of Banks and Hogan—about 12 o'clock I saw them together in the Wandsworth Road, and kept observation on them for about two hours—then I received further information relating to Miss Bryan's charge, and with Constable Mason apprehended them about 2 o'clock—at the station Hogan said Banks gave him the half-crown, that he picked it up and wiped it dry, and he tried to pass it for him.
MATTHEW MASON (Policeman W 16). In company with the last witness I took Hogan into custody—I said to him "I shall take you into custody on suspicion of passing a bad half-crown"—he said "I know nothing about it," but on the way to the station he said "I did pass the half-crown; Banks picked it up, and wiped it, and gave it to me, and I went in for some tobacco."
WILLIAM WEBSTER . The coins produced are all bad—the one passed on the 17th and the two found in Banks's possession are all from the same mould—the one passed to Miss Davison is not of the same mould.
The Prisoners' Statements before the Magistrate. Hogan said: "On the 18th, the night I was in custody, the constable came to me while I was lying down in the cell, and said, 'Hogan, I want to speak to you.' I got up, and went to the door, and he said, 'I will get you out of this; you have got nothing against you, and I will have you up for a witness against Banks. Now tell me who goes with Banks?' I said, 'I do not know.' He said, 'Do you know anything about them that went stealing whips and pipes out of the vans up at Nine Elms? I have heard something about it; that butcher in Penton Road, wanted to buy some of them?' I said, 'I know that; he asked me the other night if I knew who had some of them.' He said, 'Oh yes, he is a b—thief as well as any one else.' Banks said: "All I have to say is I work very hard for my living. The night he took me into custody, and when he took me before, he took hold of me, and held hold of each of my wrists tight so I could not move by any means. He took three handkerchiefs from me, and gave me back only one."
Witness for Banks.
Cross-examined. I was convicted yesterday of passing the bad half-crown at Miss Davison's—I will swear I never saw Banks before—I do not know which is Banks, but that (Banks) is the one that asked me the questions—I live at 9, Conyer Street, Wandsworth Road—I do not know Hogan; I never saw him before—how Banks came to call me as a witness was that I was in the next cell to him, and when we were exercising he told me had a paper come to him about a bad half-crown in connection
with a man named Sherville, and asked me my name—I sold him my name was Sherville, and he lent me the paper to read—I said I would speak the truth when he was tried, that the chap was not with me, and that I did not know him—we were all together in the waiting-room yesterday, and Banks said he was charged with being concerned with me in uttering a bad half-crown, and I said he was not there—I did not know the chap—he wag a stranger to me.
GUILTY .—BANKS** HOGAN**.— Eighteen Months' Hard Labour each
MR. J. P. Grain Prosecuted.
JESSIE McLEOD . I am barmaid at the Duchess of Edinburgh, Great Suffolk Street—on November 9th, about 12,20 midnight, Nash came to the bar and called for a poi of fourpenny ale, tendering sixpence in payment—I gave him twopence change—he then called for half an once of tobacco, for which he tendered a two-shilling piece—I tested it and found it was bad—I told him so and he laughed at me—I went to the landlord in the parlour, and he came out and gave the prisoner into the custody of a policeman who was in the bar—he was charged at the police-court on the 16th and discharged.
JOHN BIRKS . I am landlord of the Duchess of Edinburgh—the coin (produced) was shown to me—I went into the bar and said to the prisoner "Have you any more?"—he said "No, you can search me if you like "—I said "I shall give you into custody"—he said "I do not Know that it is bad; a friend of mine has lent me half-a-crown, I have been to the fried-fish shop and they gave me this coin and four penny pieces in change"—I gave him into custody and gave the florin to Patten the constable.
CHARLES PATTEN (Policeman M 103). The prisoner was given into my custody—I found on him a penny, a knife, and pawn-ticket—he said "I borrowed half-a-crown from a chap I know in St. George's Road, Peckham; I went into a fried-fish shop near St. George's Bridge; I bought two pennyworth of fish; I had the two shilling piece and four pence given me in change, and three pence I spent in beer coming home"—he was charged at the police-court and discharged by the Magistrate on November 16th.
HANNAH MARIA PRINCE . I am a widow and keep a general shop at 43, The Grange, Bermondsey—on the night of the 18th November, about 6.30, prisoner Lewis came into my shop—I served her with a pennyworth of broken biscuits, and she gave me a florin in payment—I looked at the coin and said "It is bad"—she said she was very sorry I had bent it as she could take it where she had got it from, and she did not know it was bad"—she said it was given to her at the Fleece public-house in change for a pot of four penny ale; she said she was a hard-working woman and had three or four children to support arid went out washing for her living—a young man named Newman was in the shop, I handed him the two shilling piece to see if it was bad and he said it was—he said he would go with her to the Fleece and do his best to get it changed
for her as she was a poor woman—she said she lived at No. 3, Riley Street—they went out together, and after some time he brought her back and said it was all false, and that a man had accosted him in Homey Lane—she said she did not wish to be locked up, and asked me to take her shawl for the 2s.—I said no, the 2s. was not mine, neither did I want her shawl, and I gave her in charge—I went to the station with them, and she then gave an address in Windmill Street, or Place, New Cut—she then said it was her uncle's half-crown, which he had given her to buy bread for the children—the next night, about 11 o'clock, the male prisoner came into the shop for a pennyworth of tobacco—he took a handful of silver and a halfpenny from his pocket and drew his finger along them and picked out a shilling; I saw it was bad and told him so—about two minutes before a constable had come in and warned me, and he was in the shop in plain clothes when the prisoner came in—when I told him it was bad he said he did not know it, and said I had better try the other, and threw down a two shilling piece or a half-crown—I said I did not want to try that, I could see it was good—he said his wife had given him the money out of the rent to buy a waistcoat with, as he had not one on—I handed the shilling to the constable and gave him into custody.
WALTER EDWIN NEWMAN . I am postman at the Valentine and Orson public-house, Long Lane, Bermondsey—on the evening of November 18th I went to Mrs. Prince's shop—I saw the female prisoner served, and heard the conversation between her and Mrs. Prince—I offered to go with the prisoner to the Fleece—when we went out I saw the male prisoner outside—he followed us all the way, a distance of 300 yards, and then came up and said "Let her go, she is only a poor unfortunate;" I said "Mind your own business"—he stayed outside while we went into the Fleece—I asked the barman if he could recognise the woman coming in between half-past 2 and 3, calling for some liquor, and paying half a crown down; he said no, he could not—I said "She has been into a shop at the Grange, and tendered a two-shilling piece which was bad, and she informed me that she got it here;" he said "No, it is not the rule to give large change in return for large, we always give smaller change"—the woman said "I distinctly got it here;" he said "No, you did not"—I then said "The best thing you can do is to go back to Mrs. Prince's shop with me," and she said no, her brother only lived at the top—I took her down to Mrs. Prince's, and the male prisoner still followed us down through Homey Lane—when we again got outside the Fleece he said "Let her go, she don't live at the address she has given, she lives in the Cut"—I told Mrs. Prince the best thing she could do was to give her in charge—the male prisoner stood on the opposite side of the way at the time I went with Mrs. Prince and the female prisoner till we met a constable and gave her in charge.
VINCENT KINCH (Policeman M 290). I received Lewis in custody, and told her the charge—she said "I had it from the public-house in change for a half-crown; my uncle called for a pot of fourpenny ale, and had 2s. change, and gave me a two-shilling piece, and kept the 2d."
I was in Mrs. Prince's shop in plain clothes, and saw Nash come in—he called for a pennyworth of tobacco—he took out a florin, a half-crown, and a shilling, and put down the shilling—Mrs. Prince bent it, and said it was bad, and said to me "Here it is, sir"—I took it, and said "Where did you get this from?" he said "My wife gave it to me to pay the rent"—I said "Where do you live?" he said "John Street, at the back of the Tower," but he afterwards said "Lant Street, Borough," and then he said "8, Surrey Street;" that is in Blaokfriars—he does live there—I searched him, and he said "How do I know you are a policeman?"—I showed him my warrant card—I found nothing on him—on the way to the station he was very violent, and tried to slip his coat, and we both fell; I pinned him against the wall, he put his leg between mine, and we both went to the ground again; he was very rough, and I had to be rough too—we went on farther, and had another tussle; I was obliged to hit him hard with my fist, and then he did go—he said "You are drunk, you fell down while you were holding me up;" I said "You tell the Magistrate that, or the inspector; I have been a teetollar many years, and I hope I always shall be"—I went to S, Surrey Street, Blackfriars, but he was not known there—I then fetched Newman, who picked him out from 30 others—he said "Don't you go out and tell him where I am placed."
The Prisoners' Statements before the Magistrate. Lewis says: "It is the first time I ever had bad money in my hand." Nash says: "I know nothing about the young woman."
Witness for Lewis.
MARY ANN SEABROOK . My husband is an artificial florist, at 14, Windmill Road, New Cut—Lewis lived at our house three weeks with a man named Lewis, but Nash is not the man, I don't know him—they passed as husband and wife, and I understand she has lived with him five years, and I went with her to bury him—they had no children—they lived five or six weeks in our house, but there was a little boy belonging to James Lewis's father.
Cross-examined. I do not know that she worked for her living, and had two children to support—when they were quarrelling I found out that they were not husband and wife—I never saw any other man come there—I say distinctly that Nash is not the man who lived with her—I do not know him.
Nash's Defence. Because I have been locked up this man got the man to false-swear that I am the man who was living with the woman, and walking about with her passing bad coin. I never saw the girl before she got into the van to go to Clerkenwell Police-court.
Lewis's Defence. I have nothing to do with this man on my oath. I never saw him before.
NASH— GUILTY.— Eighteen Months' Hard Labour.
LEWIS— GUILTY — Four Months' Hard Labour.
Before Robert Malcolm Kerr, Esq.
MR. CARTER Prosecuted.
THOMAS JOHN SAVAGE . I keep the Raynes Park Hotel at Wimbledon—I have been living there five years—Salmon was living in my house about twelve months ago as a potman, and I discharged him at that time—on the night of the 17th November I went to bed at about 12; I fastened up the windows and doors—next morning at about a quarter to 7 I went downstairs and found the window broken, and that the bar had been entered by some one; a quantity of cigars, tobacco, and other things had been taken—I recognise this ivory handle button-hook as my property—I could not say exactly how many cigars had been taken—I found the empty cigar-boxes in the kitchen—I believe the shirts and drawers taken from the prisoner Beales are my property.
JOHN ROGERS (Inspector V). I saw Diamond when he was in custody—he gave me the address of 10, Lucretia Street, Upper Marsh, Lambeth—I went there on the evening of the 23rd November—I searched his zoom and found this napkin with the initials N S 5 upon it—I afterwards showed it to Mr. Savage.
THOMAS JOHN SAVAGE (Re-examined). The initials N S 5 on the napkin are ours—Salmon had been in my employment 12 months before, but Diamond never had been—the napkin was in the kitchen on Thursday, but was missing on Friday morning—I identify the button-hook because it is a fac-simile, and it was in' the bar the night before.
Diamond's Defence. I am very sorry for it. It is the first time I have been in trouble. I was going home, and they asked me to go with them. I am a cripple, and bear a good character. I had no intention of doing it.
GUILTY on the Second Count. (See next case.)
WILLIAM JOHNSTONE (Policeman V 64). I found these table-knives in this bag, on Diamond—when he was charged with breaking into the house of Mr. Savage he said he did not go to Mr. Savage's, but went with the other prisoners to get into the houses the night before.
CAROLINE CONWAY . I am a cook, in the service of Mr. John Edward Wilcox, Marlborough Road, Wimbledon—I went to bed on the night of the 22nd November at half-past 10 o'clock—the windows and doors were all fastened securely—I came down next morning soon after 6 o'clock, and found the kitchen window open—the drawers were all open and the things were scattered all over the kitchen—these table-knives are the property of Mr. Wilcox, and they were in the kitchen the night before.
GUILTY .— Twelve Months' Hard Labour each.
MR. SAUNDERS Prosecuted.
JAMES SEARS . I am a minister, of 26, Harrington Square, Camberwell—on 10th September I went to bed about 11 p.m.—I saw all the doors closed and fastened—I was disturbed in the morning between 7 and 8 o'clock—I went downstairs; I found the back and street doors open—I missed some spoons, knives and forks, a silk umbrella, and other articles, to the value of about 15l.—the window-sash at the back had been cut out and one of the bars broken away—I had left that and the front door safe.
WILLIAM ERNEST SEARS . I am the last witness's son—on 11th September I come downstairs about 7.30 a.m.—I found the front door and the garden door open—the window had been cut out and the shutter taken down, and a piece of wood dividing the panes broken—I missed some spoons and forks and this hat.
JOHN MCDOWELL (Policeman P 114). On 29th October I was on duty in Harrington Square, when my attention was drawn to marks on the wall, which is about six feet high—I went into the garden of No. 27 and found the door all right—I went to No. 26—I found the putty and woodwork cut out of the back-door window—I went to the rear of No. 25—I found the putty cut away, and made a further search; the screws had been wrenched out and the woodwork torn away—the window was taken away—I saw the prisoner leaving the door leading from the closet into the passage—I asked him what he was doing there; he made no reply—I told him to come out; he said "Yes"—I asked him his business; he said "I want some food, and must get it"—I roused the inmates—I took the prisoner to the station—on searching him, I found a chisel, knife, skeleton-key, latch-key, a candle, and a box of silent matches—he was wearing this hat (produced by)—he was quite sober.
Prisoner's Defence. 1 bought the hat in March and this was in October. There are thousands like it.
NOT GUILTY .
The prisoner in the hearing of the Jury PLEADED GUILTY.
GUILTY .— Six Months' Imprisonment.
MR. SAUNDERS Prosecuted.
WILLIAM GRAPES . I am manager of the Horse and Groom, Newington Butts—on 9th July the prisoner came into the bar; he asked me if I would do him a favour by cashing a cheque; he handed me the cheque produced—he said he had been in the habit of having them changed over the way, but he had had a few words with the manager—the prisoner was a customer—I paid the cheque to Mr. Lilly; it was returned to me marked "No account" from the Blackfriars branch of the London and County Bank.
Cross-examined by the Prisoner. I gave you a 5l. note; I do not know the number; you did not put your name on it; I did not ask you—no one was present when I gave you the 5l.—I did not see the cheque when it
was blank—we were not drinking together all the morning—you said you were with Mr. Gas almost every day, and you would put in a good word for me if I wanted to leave; I said I wanted to leave, and would like to get into Gas's firm—you had half a pint of spirits in a bottle; I deducted the price of the spirits from your 3s. 6d.—you treated me to two pennyworth at the time, and changed the cheque—I did not toss with you and another for cheques, nor was I "let in the hole."
WILLIAM HENRY HUDSON . I am a cashier in the Hanover Square branch of the London and County Bank—the cheque produced was presented at our bank on November 8th—I returned it marked as it is, "No account"—the name on it is Barton—no man of that name has an account at the bank.
WILLIAM MORRISON . I live at 16, Pleasant Bow, Kenning ton—I went into the Plough and Harrow—I cannot remember the date, in the beginning of July—I saw the prisoner buy some cheques on the London and County Bank, Hanover Square Branch, for 6d. or 8d.—he said they would suit him, as they would make him look large in his business—I had known the prisoner since last Christmas—he was sober.
Cross-examined by the Prisoner. I know the man by sight that you bought the cheques of; he was called "Uncle," but I believe his proper name was Young—I had the cheques in my hand, but I gave them up at once—I did not offer money for them—I did not say I would buy them, but I had got no money—I did not buy three of the cheques—I live on a little property I have got—I do not spend my time in the Plough and Harrow—a man named Baker in the Plough and Harrow asked me if I was aware you had passed a cheque on the manager of the Horse and Groom, and I said "Certainly not; I should not think he would do such a thing," and I said "By-the-bye I saw him buy some cheques in here one morning"—I remember you had a fall out with the manager, who refused to serve you—he was annoyed because you asked him for credit—I never said in the Plough and Harrow that I would bring you to ruin, and make your wife come to me for a bit of bread on account of your falling out with the man in the Plough and Harrow, and because your wife would not have anything to say to me.
ALBERT WEATHER HEAD (Detective P). I apprehended the prisoner—I read the warrant to him—he said he knew nothing at all about it; it was a mistake—at the station I searched him, and found a cheque similar to this one—he said he was surprised at the prosecutor taking the steps he had taken.
Cross-examined by the Prisoner. You said in the cab, the case had been got up for you—you were very excited, and I did not put much dependence on what you said—you were a respectable man as far as I knew you—you were doing your business when you were taken.
The Prisoner's Defence. I found at the end of the week I could not make up my money, and this is what has come of it. I have always led an honest life. I have six young children, who will be thrown on the parish all through one false step.
GUILTY .— Eighteen Months' Hard Labour.
ADJOURNED TO MONDAY, JANUARY 9TH, 1882.