CENTRAL CRIMINAL COURT
THIRD SESSION, HELD JANUARY 9TH, 1882.
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, January 9th, 1882, and following days,
BEFORE THE RIGHT HON. JOHN WHITTAKER ELLIS, LORD MAYOR of the City of London; The Hon. Sir JAMES FITZJAMES STEPHEN, Knt., one of the Justices of the High Court of Justice; Sir ROBERT WALTER CARDEN , Knt., M. P., Sir THOMAS DAKIN , Knt., DAVID HENRY STONE , Esq., Sir THOMAS WHITE , Knt., Sir THOMAS SCAMBLER OWDEN, Knt., and Sir FRANCIS WYATT TRUSCOTT , Knt., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q. C., M. P., Recorder of the said City; JOHN STAPLES , Esq.,EDGAR BREFFIT, Esq., ROBERT NICHOLAS FOWLER , Esq., M. P., and WILLIAM WALKER , Esq., other of the Aldermen of the said City; Sir WILLIAM THOMAS CHARLEY , Knt., Q. C., D. C. L., Common Ser-jeant 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.
WILLIAM ANDERSON OGG, Esq., Sheriffs.
CENTRAL CRIMINAL COURT.
ELLIS,MAYOR THIRD SESSION.
A star (*) denotas that prisoners have been previously in custody—two stars (**) that they have been more than once its custody—a dagger (†) that they are known to he 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, January 9th, 1882.
Before Mr. Recorder,
MR. BESLEY Prosecuted; MR. MONTAGU WILLIAMS Defended.
JACOB LION . I am a member of the firm of Lion Lion and Sons, wholesale boot and shoe manufacturers, 19 and 21, Sun Street, and 32, Chiswell Street, Finsbury—we have from seventy to eighty indoor hands—in March last Hall and a man named Chandler were foremen in the clicking department—things did not go on very well, and after 25th August I made a complaint against Chandler, and he was dismissed on 15th September; Hall said he did not wish to work without Chandler, and we said he had better go—after that the men were on strike, and I saw the prisoners and others constantly outside the premises in Sun Street—on 6th October I saw them with a crowd of nearly fifty outside the premises at 1 o'clock, the dinner hour: they ware hooting, shouting, and hissing both at me and the men—Harris was in our employ as a clicker.
Cross-examined. Hall had been in our employment about two years—he was foreman for a very short period—this is not my prosecution; it is the men's—I am paying the men for their outlay—I did not say before the Magistrate that I heard these men hissing, hooting, and shouting at 1 o'clock—I was never asked—there are three or four manufactories close by; the men from those come out after ours; our men go out at 2 minutes to 1 and the others about 5 minutes past 1—I swear that I saw all the three prisoners—I can't say particularly what they did; they were with the others.
HARRIS HARRIS . I am 19 years of age—I was examined at the police-court on 27th October, when the summons was heard against the three prisoners—I went into Mr. Lion's service on 26th September as a clicker in Sun Street—I went to work about 8, and left for dinner between 1
and 2 and again when work was over—I saw the prisoners there all day long—on 6th October, about 7 or 8 minutes to 2, they were speaking to two of my shopmates, and then they turned round to me and two others and said, "You are a b—scab, and we will pay you out in any shop you come into"—they all three said so—they were by themselves—they said it more than once—it had been said to me con-tinually, but I took no notice, but on this day I told Mr. Lion—there were a lot of people in the street—they went up to some of my shopmates; I did not hear what they said to them—when we came from dinner there was always a crowd and booting and hissing day after day—after 6th October I ceased work for a day because I did not care about being spoken to in this manner; I began to feel timid.
Cross-examined. I did not go to work on the 7th or 8th—we don't work on the Sabbath of the Day of Atonement—I am of the Jewish persua-sion—I did not go to work on the 8th because I began to get frightened—I went to work on the 10th because Mr. Lion promised me to take pro-ceedings, and he promised me a job through the winter.
MICHAEL WOOLF . I have been employed by Messrs. Lion—I was in their service in September last, before the strike, in the clicking depart-ment—Harris came after me—on leaving for dinner I used to part from him about ten or twenty yards from the shop door—I saw the defendants outside the premises on several occasions, sometimes with ten or twenty others—on each occasion that I left the shop Nash and Clamps used to pass different remarks, and ask me not to go in to work at that shop—Clamps one day asked me for 2d. towards a pint of beer—on 6th October I saw Harris and the three defendants facing him, and I heard Hall say "I will pay you"—I did not hear what the others said—they looked us if they were saying something, and looked cross at him.
Cross-examined. I only knew Harris since I worked in the shop—I am not a particular friend of his, only as a shopmate—I did not hear Nash and Clamps say anything to Harris.
Re-examined. I have no interest in this matter, except in stating what is true.
JAMES PASSFIELD . In September I was working for Lion and Co. in the clicker's department in Sun Street—I was in the service before the strike, but not in the clicking department—I did not go out on strike—Harris came into the service at Sun Street; I was then in Chiswell Street—I saw the defendants near the shop almost day by day after the strike—they behaved themselves disorderly, so much so that one of them was locked up one day—they were shouting after us, and calling us scabs and such things—that was done day after day, and using threatening language—there were a great many persons there at the time—it might be 50 or 100, sometimes there might be a dozen—on 6th October I remember Harris going to dinner—they were calling out scabs, and that sort of thing—on returning from dinner I saw the prisoners at the corner of Sun Street evidently talking as if they were much out of temper and laying it down—I got into the shop as quickly as possible—I was not close enough to hear what they said—I saw the gesticulation.
Cross-examined. I saw Hall more prominent than the other three—I could not hear what he said, or what the others said—I don't know whether the pickets were in the habit of speaking to the men as they left; I never belonged to a trade society, I am against that sort of thing
—we all left work at the same time; others had the same opportunity of hearing and seeing what I did.
The prisoners, in their statements before the Magistrate, denied having used any intimidation to Harris or any one while on strike.
HALL— GUILTY. Recommended to mercy. — Three Days' Imprisonment.
NASH and CLAMPS— NOT GUILTY .
151. HENRY COLLINS (42) to embezzling and stealing three cheques for 39l. 13s. 8d., 49l., and 45l. of Abraham John Robarts and others, his masters.— Two Years' Hard Labour. [Pleaded guilty: See original trial image.]
152. THOMAS BROOKS (62) to several indictments for forging and uttering orders for the payment of money, also for embezzling sums amounting to about 2,000l. of James Thompson and others, his masters.— Judgment respited. [Pleaded guilty: See original trial image.]
154. BARTHOLOMEW VASCHETTO (35) to two indictments for feloniously forg-ing and uttering orders for the payment of 1,000 francs.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. J. P. GRAIN Prosecuted.
FRANCIS COGHLAN . I am a despatch clerk in the employ of Messrs. Crocker and Son, warehousemen, of 51, Friday Street—we are in the habit of employing Mr. Davies, a licensed carman, to collect our goods—in the ordinary course the carman calls, and says "Is there anything for Davies?"—on 3rd January, about 5.30 p. m., the prisoner came to the ware-house, and said" Anything for Davies?"—I said "Yes," and he could go downstairs and sign for them, and carry them up—he went down, and came up with a truss on his shoulders and a parcel, and took them away—I believed him to be in Mr. Davies's service, or I should not have given him the goods.
GEORGE FROST . I drive a van for the South-Eastern Railway Company—on 3rd January, about 5.30, I was standing outside Crocker's, and saw the prisoner come up the lift at Crocker's—he asked" Is there anything for Davies?"—some one said" Yes," and he went downstairs, and came up with a truss and a parcel—I did not know him before—next night I was in Cannon Street with my van, and saw the prisoner with a constable, and recognised him at once.
was in Watling Street, near Messrs. Crooker's—I saw the prisoner there with a whip in his hand.
VALENTINE DAVIES . I am a master carman—I hate for some time collected goods from Crockets' and other houses—the prisoner was in my employ about two months; he left about the second week in September—from that time he had no authority to collect any goods for me.
By the Prisoner. I never knew you do anything wrong—you always did your work.
THOMAS BIGLEY (City Policeman 654). On 4th January I took the prisoner in custody in Cannon Street—he said "I think you have made a mistake; it is my brother you want; he is dressed just like me; he is in that employ of Messrs. Davies and Co."—I afterwards told him the charge—he was placed among a dozen others at the station, and Coghlan identified him without any hesitation.
PETER MCGREGOR . I am in the employ of Mr. Southall, warehouse-man, of Cannon Street—I know the prisoner by sight—on 21st December he came to our place and said "Anything for Davies?"—there was a piece of cloth 511/2 yards; that was given to him, and he signed for it and took it away—I. believed him to be one of Mr. Davies's servants, or I should not have parted with the goods.
The prisoner protested his innocence, and stated he had witnesses to his character, but Detective Downes proved three convictions against him.
GUILTY .— Eighteen Months' Hard Labour.
NEW COURT.—Monday, January 9th, 1882.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and LLOYD Prosecuted.
ALICE LANGLEY . I am barmaid at the King's Arms, Long Acre—on 27th December, about 9.30 p. m., the prisoners came in, and one of them called for twopenny worth of whisky and threehalfpenny worth of gin, and put down a half-crown—I bent it in the detector—I went to Mr. Lawson, and gave it to him—he came back with me, and the prisoners ran out without drinking the liquor—Mr. Lawson jumped over the counter and followed them—this is the coin (produced)——I had seen the prisoners there between 1 and 3 o'clock on the afternoon of Christmas Day with a lot of others, and served them and took a half-crown, and I afterwards found that I had taken two bad half-crowns that afternoon—two or three days after the 27th Bradley came in for a light, but had no refreshment—I was alone—on Saturday morning, the 31st, Bradley opened the door, looked in, and went away—I do not know whether he could see Mr. Lawson—he was given in custody some days after.
Cross-examined by Bitmead. I said before the Magistrate that you were there on 24th December, but it was the 25th.
Cross-examined by Bradley. Other customers were in the house when you came in by yourself, but nobody was in the bar with me—you were
standing in a doorway when I pointed you out—I do not know whether that is a lodging-house, but there is one in the court—I said "There is the man standing in that doorway"—you were not arrested then.
Re-examined. Mr. Lawson called me out, and said "Is that the man standing in that door?"—I said "Yes"—he got his hat and fol-lowed him.
BARROW L. LAWSON. I keep the King's Arms, Long Acre—on 27th December the last witness brought me this coin into the parlour—I went into the bar and saw Bitmead running away, but did not see Bradley—I followed Bitmead about 20 yards, and threw him down—he grabbed at my person, but I held him down and gave him in custody—he said "You hare made a mistake"—he did not seem drunk then, but he assumed drunkenness at the station—the coin is at home now—on the following Saturday I drew Longley's attention to a lodging-house nine or ten yards from my place, and asked her if that was the man—she said "Yes," and I went down to the station for a detective—two came in half an hour, but he was then gone—he was taken on the following Wednesday.
Cross-examined by Bradley. You were standing at the entrance to a lodging-house which has 126 beds, and all the lodgers who drink use our house.
JOSEPH PRICK (Policeman E 204). On 27th November, about 9.30 p. m., I was called to Long Acre, and found Lawson holding Bitmead, and he gave him into my charge for uttering a half-crown—I took him to the station—he said "I did not pass it myself; the other man asked me to have something to drink"—I found on him two good florins, a sixpence, and 5 1/2 d.
ALBERT GREGORY (Detective). I took Bradley on 4th December, at 9 p. m., in the Crown public-house, Seven Dials—I said "You answer the description of a man who is wanted for passing bad money at the King's Head, Long Acre," and I shall take you in custody"—he said "You have made a mistake this time; I have turned that game up long ago"—1s. 6 1/2 d. in good money was found on him.
Cross-examined. It is not the King's Head, but the King's Arms; I made a mistake.
Bitmead's Defence. I met a soldier who asked me to have some drink, and he tendered a half-crown. When the barmaid put it in the tester he ran away. I went after him, and when I had got five yards I was thrown on my back. The barmaid does not swear to my putting the coin down. If I had been guilty I could have got away.
Bradley's Defence. Bitmead is ready to swear that I was not in the house on the night in question. I am still lodging in the same court, and if I had done it I should not have remained there. Bitmead can tell you who the man was who was with him.
BITMEAD— GUILTY .
He then PLEADED GUILTY** to a conviction at this Court of feloniously uttering counterfeit coin in May, 1880.— Five Years' Penal Servitude.
BRADLEY— NOT GUILTY .
MESSRS. CRAUFURD and LLOYD Prosecuted; MR. GEOGHEGAN Defended.
SARAH ANN LEACH . I am a widow, and keep a grocer's shop at 76, Southampton Street, Clerkenwell—on "Wednesday, December 28, about 1 p. m., tne prisoner came in—he owed me 8d.—he put a coin on the counter and said "Will you take the 8d. I owe you out of this sovereign; I am sorry I have not been able to pay you before"—I gave him a half-sovereign, nine shillings, and fourpence, and placed the coin in a drawer in my bedroom, where there was only silver and half-sovereigns—on the Friday morning I turned out my money to count it, and the sovereign came out woman upwards—the woman was Britannia, and the coin was bad—I found out that Jill lived at 14, Edward Square—I went there and said to him "You have given me a bad sovereign;" he said "I did not know it"—I showed it to him, and he said "That is one, and the other I changed at Mr. Parker's, in Copenhagen Street; a man named Clare gave them to me in Bagnigge Wells Road—I do not know where he lives, but I may see him at 12 o'clock if you will go with me"—I said "I don't think I can wait to go there with you;" he said "Well, you might not possibly see him"—I said "I think we had better see a policeman"—he said nothing, but went with me to the corner of Edward Street, where we saw a policeman and went with him to the station, where the prisoner said "If you will go to my father in Myddelton Street he will give you a half-sovereign"—last Wednesday morning, when he was out on bail, he came to my shop and said "My father will give you a half-sovereign to go no further with the charge"—he also said that Clare would not come forward, and he should have to summons him at the County Court for the money.
Cross-examined. I take from 20l. to 22l. a week—I keep my money in an unlocked drawer in my bedroom, which is at the back of the parlour—I do not know how much I had in the bag, but there was no other sovereign—I am a good judge of money; I take a good many sovereigns, but I had given a good deal of change—I had a dream that my money was bad, looked at it, and found my dream was true—I have four lodgers I occupy the whole of the ground-floor and the kitchen—they cannot get into the parlour, because I keep the door closed—I am in the shop the greater part of the day—the prisoner may have said that sooner than have any bother in the matter his father would be at half the loss with me.
Re-examined: The prisoner had been in the shop before, and I had no reason to suspect him.
REUBEN ATKINSON (Policeman Y R 34). Mrs. Leach came to me with the prisoner on Friday morning and said "This man gave me this sovereign on Wednesday morning, and this morning I found it to be bad"—I said to the prisoner "Is it so?"—he said "Yes, it is; I received two from a man named Clare, in Bagnigge Wells Road; this is one, and the other I changed on Friday at Parker's, in Copenhagen Street"—that is a beer-house—I said that we had better go to the station to settle the case—he said that he received the money from Clare for a betting trans-action at Kempton Park—only a halfpenny was found on him.
Cross-examined. I did not suggest that he should go to Parker's—he keeps a beer-shop in Copenhagen Street, five minutes' walk from where the prisoner lives—I went to Parker's and made inquiry; he said very likely the defendant did change a sovereign there last Friday night—I have made inquiries about the prisoner; his people are very respect-able.
WILLIAM WEBSTER . This coin is a farthing, very thickly gilt and well coloured—the edge is knerled as a sovereign is, but a farthing never is—it is the same size as a sovereign, and if it was put down head upwards you could not tell the difference, but the weight ought to tell that it is not a sovereign.
Cross-examined. The word "farthing" is not on it.
The prisoner received a good character.
NOT GUILTY .
MESSRS. CRAUFURD and LLOYD Prosecuted.
WILLIAM JOHNSON . I keep the Coach and Horses, St. John Street, Clerkenwell—on 31st December, about 5.30 p. m., the prisoner came in for some lemonade, which came to 2d.; he put down this florin (produced)—I told him it was bad—he tried to make for the door, but was stopped by a customer—I bent it, and went to the till and found two more bad florins—I had cleared the till a quarter of an hour before, and there was no bad money there then—I gave him in charge with the three coins—he was sober—I said to my sister in his presence "Have you observed serving this young man with anything?"—she said" Yes, with some lemonade, and I took a florin of him"—these bad florins were the only florins in the till.
ESTHER SMITH . I am the sister of the last witness—on 31st De-cember, between 5 and 5.30, I served the prisoner with some drink—he put down a florin, and I gave him 1s. 10d.—there was no other florin in the till—be went out and I went to my tea—the prisoner came back in a quarter of an hour, and my brother asked me if I had served him—I said "Yes, and he gave me a florin"—I have not the slightest doubt he is the man.
Prisoner's Defence. I had too much drink. How I came by it I don't know. When I left home I had nothing, and when I got home I had nothing. If I had had the 1s. 10d. it would be impossible for me to spend it in a quarter of an hour.
GUILTY .— Twelve Months' Hard Labour.
OLD COURT.—Tuesday, January 10 th, 1882.
Before Mr. Recorder.
MESSRS. HORACE AVORY and ABRAHAMS Prosecuted; MESSRS. J. P. GRAIN
and MCDONALD Defended.
ELLEN HOLLY . I am a housemaid in service at Park Lane, and am a single woman—I was out on Sunday evening the 6th November walking home from church; the prisoner accosted me—he said it was a nice evening, and walked with me, and entered into conversation—he told me his name was Charles Henry Pearson, that he was in the employ of
Messrs. Hancock, and receiving 4l. 10s. a week from them, that he was a shareholder in the Great Northern Railway Company, and a member of the Hearts of Oak and other societies, which would bring him in 3l. a week in case of sickness—he said he had been at Messrs. Hancock's 14 years, and that they were very anxious that he should get married, and that if he could get a respectable woman he should not be long thinking over the matter, that he had taken a great liking to me, and he hoped I would meet him again—he said Messrs. Hancock wished him to get married so that when he was out there would always be some one at home—I made an appointment, and met him again on the following Wednesday at Hereford Gardens, and he took me past Messrs. Hancock's in Bond Street, and pointed to three windows, and said Messrs. Hancock had given him those rooms for when he got married—he asked me if I would let him have my watch, as it was his birthday on the Saturday, and he wished to make me a present of his photograph, which he would have taken on steel at 12s., and put inside my watch—I had my watch on; it was a gold one—I gave it to him for the purpose of having the photograph put in it—there was no chain attached to it; it was to be returned on the follow-ing Saturday, the 12th—I met him on that day; he did not return me the watch—he said the case fitting tight he had had to send it to the manufactory to have it bent, but he would give it to me in a day or two—I next saw my watch at the Marlborough Street Police-court, produced by the pawnbroker—at the time he told me about the watch being at the manufactory he told me had become security for a man in 200l., that the man could not pay up, and the loan office people had come down on him for the balance of the money, and that he must leave me in a hurry and go and scrape the money up from somewhere—I met him the next day, Sunday, and went to church with him; inside the church he claimed me as his for ever, and asked me to be faithful—when we left we went for a short walk, and he said he hoped I should not be angry about what he had to say, and then he said "How much money have you got?"—I said ""Five pounds"—he said "But how much altogether?"—I said "Forty-seven pounds in the savings bank"—he said "I wish you would let me have it"—I hesitated, and said "I will let you have 5l."—I had not got it with me then; I met him on the following day, Monday; before I gave it him I said I had a few questions to ask him—he said "I am yours, and you are mine, you have a right to ask any questions you like"—I said "You say you have shares in the Great Northern Railway, and that you are a member of the Hearts of Oak; will you bring me the papers?"—he said "Certainly, if you wish it; but the woman that cannot trust me may go; why don't you dress yourself and go down to Messrs. Hancock and see for yourself"—from that I believed what he said was true—he never showed me any papers—I then gave him 5l.—on the Wednesday I went to the Post-office Savings Bank and withdrew 45l.—on that same night I saw the prisoner again, and gave him 40l.—he gave me this document; it is in his writing. ("I O U 45l. C. H. Pearson.") That was all the money I had within 18s.—he said the money should be repaid on the wedding day, and it would come to me as a dowry, and he would settle 200l. on me, and give me 3l. a week, and keep 1l. himself, and he knew I should make him a saving little wife—he met me the next evening, Thursday; he said "I must leave you"—I asked him why—he said "Messrs. Hancock wish me to go and hear a lecture on clocks at
Cannon Street Hotel, as they with to refer the time from one gentleman's house to another, as they refer numbers from one racecourse to another"—he arranged to meet me on the following day; he did not keep the appointment—I did not see him again till I saw him in the hands of Sergeant Pugsley—not seeing him again I went to Messrs. Hancock and made inquiries about Charles Henry Pearson, and I was referred by them to Messrs. Garrard in the Haymarket—I there saw the right Mr. Pearson, not the prisoner—in consequence of what he told me I consulted Mr. Abrahams the solicitor, and afterwards applied for a warrant—I parted with my watch and money to the prisoner believing that he was in the employment of Messrs. Hancook, receiving 4l. 10s. a week, and that I was to be his wife.
Cross-examined. If he had kept his promise I certainly should have kept mine—when he told me of his trouble I thought it my duty to help him, and, lent him the 45l., fully expecting I should be his wife, and that it would come back to me as a dowry.
CATHERINE PARKINSON . I was formerly barmaid in the Cleveland Hall—I knew the prisoner then; he had the hall himself I believe—he gave dancing lessons there—in November last he brought me this watch and asked me to pawn it at Dobree's, in Charlotte Street—I pawned it for 2l., in the name of Cook—this is the ticket—he did not say what name I was to pawn it in—I gave him the money.
CHARLES HENRY PEARSON . I am assistant to Messrs. Garrard in the Haymarket—I was with Messrs. Hancock eight years, from March or April, 1870, till April, 1878—the prisoner was at no time in the employ-ment of Messrs. Hancock; except at the police-court I never saw him to my knowledge—I remember Miss Holly coming to Garrard's and asking for me—I had had previous applications of the same sort.
JOHN WEST . I have been in the employment of Messrs. Hancock 17 years—I never saw the prisoner till I saw him at the police-court—he has never been in the employment of Messrs. Hancook—he did not occupy rooms in the house—there were no vacant rooms there.
ELLEN STONE . I am a lady's maid in service in Regent's Park, and am single—I was out one evening in April last, and met the prisoner—he spoke to me and walked with me a little way—I had not known him before—he said he had been a working jeweller at London and Ryder's for 17 years, and was earning 4l. 10s. a week, and his name was Harry Pearce—we had a little further conversation and he arranged to meet me again—I met him again two or three days after, and on several occasions after I had walked with him—once or twice he said "I intend to make you my wife"—he said his employers, London and Ryder, would like him to be married—I don't remember why—he said to me "Look here, I want you to do something for me; lend me 5l. if you can"—before that he asked me if he might look at my watch—I showed him my watch, and he said he should like to put his photograph in it—I said it would be very strange to have it in a watch—he said "Have you a locket?"—I said "Oh yes, I have"—he asked me to bring it to put his photograph in—on the next occasion when I met him I gave him my locket; it was a silver one; there was a chain attached to it—that
was about the middle of April as near as I can remember—he took the locket with him for that purpose—he promised to give it to me back as soon as he had time to do it—I met him again a short time after-wards—he did not give me the locket back—this is the locket and chain (produced)—I never saw it again till it was produced at the police-court by the pawnbroker—he gave as a reason for not returning it that he had not had time to put his photograph in—when he asked me to lend him 5l. he said some friends of his were in great difficulties, they had taken a grocer's business and had borrowed some money, and he was security for them, and the grocer's wife had been very extravagant, and they could not keep up the payments, and they had come down on him for the security—I lent him 5l. at once—there was an arrangement made as to the repayment of the money, but he asked me to lend him some more money, as much as I could; I lent him 3l. more—he did not repay it—I met him again—he asked me to lend him some more money—I gave it to him, but I told him I wondered he did not ask other people that had known him longer than I had for money—he made no particular answer to that—I took him 4l. more after that—I would not lend him any more—he asked me for more—he promised to bring back my chain, but never did—I did not see any more of him till he was in custody—I lent him the money believing what he told me; if I had known he was married I should not have lent it him.
Cross-examined. If he had put his portrait in the locket I should have worn it—I pitied him when he told me of his trouble; I sympathised with him, that was why I lent him the money.
Re-examined. I pitied him because he said he was afraid the people should go to Mr. Ryder, where he had been such a number of years.
THOMAS BARNWELL . I am assistant to Mr. Starling, of Great Portland Street—I produce a silver locket and chain pledged on 16th April in the name of Mr. Stevens, to the best of my belief by the prisoner—this is the ticket I gave him.
GEORGE WILLIAM RYDER . I am nephew to Mr. Ryder, of the firm of London and Ryder, jewellers, of Bond Street, and have been engaged there eighteen years—the prisoner has never been in their employment—I never heard of him before this case—we have no person in the employ named Henry Pearce.
CORNELIA WILLIS . I am a cook in service in Hanover Square—on Sunday evening, 20th February, I was out walking—I met the prisoner; he spoke to me, and walked a little way with me—he told me he was Harry Pearce, and that he had worked at Phillips's, in Bond Street, as a diamond setter for the past fourteen years, that he was earning about 4l. 10s. a week, that Mr. Phillips would like to see him married respectably because he was a respectable man, and that he had three empty rooms that he wished him to occupy, and would have gas, coals, and rent free—he asked if I should like him well enough to marry him—I said I really could not make up my mind so soon—he asked if I would meet him again on the Monday—I met him on the Wednesday, and walked with him down Bond Street—we passed Phillips's, and he pointed out the three rooms—he asked if I had a watch; I said I had—he asked if I would lend it to him to put his photograph in the case—I gave it him—it was a silver one—he took it away, and brought it back, saying the case was too small—he then asked
me for my gold chain that I wearing, and said he would make me a present of a locket to put his photograph in—I gave him the chain to put the locket to it—this is the chain—no locket has been attached to it—when I met him again he said he had not had sufficient time to do it—I met him again on Sunday and went to church with him, and on the way home he said since he had seen me last he had been in great trouble, that he had stood security for some money, and he asked if I could lend him any—I lent him 2l.—he said when I came out could I not bring him more—I met him again and gave him 3l. more—he asked me if I had any in the Post-office savings bank—I said "Yes"—he said "Can't you let me have some of that?"—I withdrew 10l.; he went with me, and stood outside the post-office while I went in—I got two 5l. notes and gave them to him—he then said" You would not like to see me hard up for a few shillings; have you any more in your purse?"—I said I had a little, and gave him 7s. 6d. more—he said he had 300l. in Turkish bonds, but he could not get his money so soon, and in March he would pay me back again—he promised to meet me that same evening, but did not, and I never saw him again till he was in custody—I did not know that he was a married man—I lent him the money and locket believing his story, and that he was a respectable man getting good wages.
Cross-examined. I can't say that I was fond of him—I might have become his wife eventually, but not so soon—I think all young women wish to change their condition if they can better themselves—I thought he was a respectable man—I lent him the money on the condition that he should repay me—I had no idea of marriage at that time.
Re-examined. I should not have lent him the money if I had known he was married and not employed at Phillips's.
—PHILLIPS. I am manager to my brother, a jeweller of Bond Street, and have been with him nearly fourteen years—I do not know the prisoner; he has never been in our employ, and never occupied rooms there.
LENA RENSALL . I am cook in service at Campden Hill—I am single-on Saturday, 10th September, while walking in Oxford Street, I met the prisoner—I had never known him before—he said "Good evening; it is nice weather," and so on, and he asked me to have a little walk—I said I was going home—he said he would go home with me—he told me his name, and said he was a single man, that he was working with Joseph Pyke, a jeweller, in New Bond Street, and had worked there 14 years, that Mr. Pyke wished him to get married because he was the highest clerk there, receiving 4l. 10s. a week, and Mr. Pyke wished him to settle down, and he would give him four empty rooms upstairs, and no gas, coals, or rent to be paid—he said I should be just the woman to suit him—I said" Why did you not get married before? I have got no money"—he said he had got plenty, he did not want any money, I was just the woman he should have—he arranged to meet me again on the following night, Sunday, and I went for a walk with him down Bond Street by Mr. Pyke's shop—he showed me the back door, and said "Here is the room where I work and sleep; I have got the key, but I am not going in"—I said "You had better," because I wanted to see, but he did not
want to go—he knocked with his hand on the back door, and then he came away—when we came close to my home he asked me if I would give him my watch and chain, and he would have a locket put on it—I let him have it—he said he would bring it again—he came on the Monday, and I asked him for the watch—he said it was not ready—I asked him for it twice—he said he would bring it when he came again—he never brought it, and I went to Mr. Pyke's shop and asked if such a man lived there, and he was not known—I next saw the watch and chain at the police-court—it is worth about 7l.—he also asked me for 10l.—I said I had not got any—he said "A girl must have some money when in service"—I said I had sent mine away—I did not let him have it—he said "A few shillings"—I said I had not got that—he promised to meet me again, but he never did—I lent him the watch and chain because I thought he was a respectable man and worked for Mr. Pyke and earned 4l. 10s. a week.
THOMAS BARNWELL (Re-examined). I am assistant to Mr. Starling—I produce a gold watch and chain pledged on 12th September for 2l. in the name of Nash—I don't remember by whom—this is the duplicate I gave.
WILLIAM SHARGILL EDWARDS . I am manager to Messrs. Pyke, jewellers, of Bond Street, and have been so about 25 years—I do not know the prisoner—he has never been in Messrs. Pyke's employment, and never had any rooms there.
WILLIAM PUGSLEY (Police Sergeant C), On 24 th November I received a warrant for the prisoner's arrest—I had a description of him from Ellen Holly—I met him in Weymouth Street on 29th Nov.—I told him I had a warrant for his arrest for obtaining 45l. and a gold watch by fraud—he said "Oh"—I took him to the station—he there gave his address, 18, Westmoreland Street, Marylebone—I went there—he occupied two rooms on the first floor with his wife and six children—he had requested me to go there and acquaint his wife with the fact of his being in custody—I produce a certificate of the marriage of George Henry Cook and Harriet Crystal on 29th December, 1867—I found it in the prisoner's room, also these three pawntickets relating to the property produced.
GUILTY .— Five Years' Penal Servitude.
161. ARTHUR FREDERICK DICKSON (43) PLEADED GUILTY to feloniously forging and uttering three requests for the payment of 6l. 15s.,5l., and 4l. 13s. 4d.; also to unlawfully obtaining 4l. 5s. by false pretences.— Judgment respited.
MR. FULTON Prosecuted.
JOHN HANCOCK . I am a licensed victualler, of 19, Jermyn Street—I have known the prisoner about three years as a customer—on 19th Sept. he was in my public-house—at his request I lent him 2l. on his I O U, on the representation he made to me with regard to his solicitor, Mr. Gibney, 4, Queen Street Place—he said unfortunately his solicitor was out of town, and he could get no money—he promised to call next day and pay me—he called next day, but did not pay it—he asked me if he drew a cheque on Mr. Gibney would I advance him 4l., making in all 6l.—he said Mr. Gibney was receiving certain amounts of money that week
from his uncle on his behalf, and he asked me to advance him 4l. on a cheque which he was to draw on his solicitor—he said that his uncle was allowing him 10l. a week, which was paid to him though Mr. Gibney, and I advanced him 4l. on the faith of his statement being true—he wrote this document in my presence, at the same time he wrote this letter (Read: " September 13th, 1881. To G. Gibney. Please pay J. Hancock or order 10l. Hastings H. Fraser."—"My dear Gerald, please pay 6l. out of 10l. to Mrs. Hancock, as you being away she has lent it to me.—Yours, H. H. Fraser.") I presented that cheque at Mr. Gibney's on the following day; he was not in—I left a note for him—it has never been paid—I did not see the prisoner again till the night he was apprehended—he had been in the habit of coming to my house, but I never saw him after that till he was in custody—I gave information to the police.
Cross-examined by the Prisoner. I lent you the money partly upon the letter and partly on the representations you made—I have occasionally lent you money before, and you have paid it—you called on me on the Friday night previous to your arrest and said you were coming next morning to pay me; and you asked me to have a drink with you, which I refused.
GERALD ERNEST JOHN GIBNEY . I am a solicitor, of 4, Queen Street Place—I have known the prisoner for some time—I was not in the receipt of 10l. weekly from his uncle in September on his behalf—he had no authority to draw on me—this cheque was brought to my notice some time about 20th September—I did not pay it.
Cross-examined. I have acted for you with regard to property in Scot-land—money of yours has passed through my hands—you have often drawn on me for small sums when I had money of yours in hand—I remember your coming to my office with a man named Smith and handing me a bill for 200l.—I did advance money upon it—I did not say you might have money up to 100l.—there was no agreement—a little time before this case happened you and Smith went to Manchester, and I went to see you off—I then gave you 5l. to pay your expenses—you were going to Manchester to meet the bill—you asked me to lend you more money, and I refused—you did not tell me you must draw upon me, nor did I say "Not for much"—you did not say "It shall not exceed 10l. "
Re-examined. I saw him afterwards when he came back from Man-chester, I believe, in August—I had no funds of his in September, when this cheque was drawn—I lent him between 70l. and 80l. upon the security of Smith's acceptance, which was never met, and Smith is now a bankrupt—I do not know the prisoner's uncle—I never received 10l. a week on his behalf from the uncle—I believe he had an uncle in Scotland, and the prisoner was next heir of entail to some Scotch property, which was afterwards sold, I believe—he is of no profession.
NEWMAN TURPIN (Police Inspector). On 2nd December I arrested the prisoner at the Criterion—I read the warrant to him—he was drunk at the time and did not say anything—in the morning he said "I thought the matter was all settled; I called on Hancock and told him I should pay him. "
The prisoner in his defence stated that he had often borrowed small sums of money from Mr. Gibney, and thought he had a right to draw for the sum in question, which he should have paid had he not been taken into custody.
NOT GUILTY .
NEW COURT.—Tuesday, January 10th, 1881.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and LLOYD Prosecuted.
EMILY STREET . I am barmaid at the King Lud, Ludgate Hill—on 20th December, about 12 p. m., I served the prisoner with threepeenny-worth of whisky; he gave me this half-crown—I tried it, but he did not see that—it bent—he drank the whisky and rushed out without the change, and the barman after him.
FREDERICK WENN . I am barman at the King Lud—I saw the pri-soner tender a half-crown; the barmaid came to the till and found it was bad—she then walked into the luncheon bar, and the prisoner finished his drink and ran out—I jumped over the counter and ran after him—he jumped on the back step of a Hansom's cab which stood at the door and held on to the seat, the driver whipped his horse and drove down Farring-don Street—I ran after them shouting "Stop him!"—he dropped from the cab at the Viaduct and ran up the steps changing his coat—I caught him not quite at the top of the steps; he had turned round and was walking down again with his coat under his arm in a bundle—he said "I am just going to the railway station, I don't know the King Lud"—I gave him in charge—he said "I think you must have made a mistake, I never took a half-crown anywhere"—I kept sight of the cab, and am positive he is the man.
WILLIAM GADD (City Policeman 307). On 21st December, about 12.5 a. m., I was in Farringdon Street, in pain clothes, and saw a Hansom's cab coming at a good fast pace, and the cabman whipping the horse—the prisoner was behind the cabman, on the step—I joined in the pursuit—the driver continued to whip the horse till he got near the Viaduct, where, finding I got near him, he slackened his pace, and the prisoner jumped off, threw off his coat, and ran up the steps—I caught him halfway up, as he was coming down again—Wenn said "I shall give him in charge for passing a bad half-crown at the King Lud"—after we got down the steps he said "Don't be too hard on me"—going to the station he said" I was, "or" I am, going to Farringdon Street Station"—I said" It is a curious way to go to Farringdon Street Station up the Viaduct steps"—he said "That is the right way as far as I know"—at the station I found on him two shillings and a half-crown good, and a latch key—ho said on the second hearing that he had more money than that, and he wanted it handed to his sister, but that was all he had—I did not see him pay the cabman.
Cross-examined by the Prisoner. It was an old horse and did not get on very quick.
The Prisoner, in his Statement before the Magistrate, and in his Defence, said that he received the half-crown in change for a half sovereign, and when the barmaid tried it a man told him that they were going to lock him up and he had better go, and he got frightened, ran out, and jumped on the cab; and that he would not have run the risk of passing bad money, being out on ticket of leave, with eighteen months' sentence unexpired.
He then PLEADED GUILTY to a conviction of housebreaking in
April, 1876, when he was sentenced to seven years' penal servitude.— Twelve Months' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted.
SARAH ANN CASE . My husband is a baker of 24, Cumberland Market—about 4th November I served the prisoner with twopenny-worth of ginger nuts, about 10 a. m.; he put down a florin—I put it into the till; there was no other florin there—I gave him 1s. 10d. change, and he left—he came again about 1 o'clock for twopennyworth of Marie biscuits, and gave me a half-crown—I gave him 2s. 4d. change and he left—I put the half-crown in the till; there was no other half crown there—I had not taken one that day nor a florin—about 3 o'clock I took the half-crown from the till and gave it to Eliza Hobbs to get me something—she brought it back in five minutes; it was bad—I then looked in the till and found the florin was bad—it was still the only florin there—these are the coins (produced)—on 7th December, about 7 p. m., I saw the prisoner leaving the shop after my husband had served him—my husband went out for change, came back, and gave the prisoner some change—he was standing at the counter eating biscuits—I spoke to my husband, who went out and brought the prisoner back—I then told my husband in his hearing that he was the young man who gave me the bad money—I don't remember that the prisoner answered.
ELIZA HOBBS . I am assistant to Mrs. Case—in the first week in November she gave me a half-crown, and I went to a linendraper's and gave it for some goods I bought—they gave it back to me and I took it back to Mrs. Case—I never lost sight of it—this is it.
CHARLES CASE . I am a baker—on 7th December, about 6 p. m., I served the prisoner with a pennyworth of biscuits—he tendered a florin—I asked if he had smaller change—he said "No"—I took a shilling and a sixpence from the till and went out to get change; I came back, gave him a shilling, a sixpence, and fivepence, and he went out—my wife spoke to me, I went to the till, and found the florin was bad; it was the only one there—I went out 30 or 40 yards, brought the prisoner back, told him the florin was bad, and asked him for the change I had given him—I forget what he said—I gave him in charge with the coin—my wife said "You are the young man who came here three weeks ago and tendered a bad florin and half-crown"—he denied it, but I forget the words—when Eliza Hobbs gave me the bad half-crown I examined my cash-box and found a bad florin—only my wife and I serve in the shop—I had taken no florin or half-crown that day.
Cross-examined. You had got half across the square—you did not stop till I touched you, but you turned round.
JAMES WELLS (Policeman S 61). Mr. Case called me to his shop and gave the prisoner into my charge with these coins—he made no answer—I searched him in the shop, and found on him threepence and a good sixpence. WILLIAM WEBSTER. This half-crown and these two florins are bad.
Witnesses for the Defence.
Errington, a builder, and he gave me a half-sovereign to mind for him and he used to come and draw a shilling or two at a time—he always came on Sundays.
Cross-examined. He has not lived with me for two years, as his brother and he did not agree—I think he left me about May, 1880—he was employed for five years at Messrs. Kerslake's, a tailor in Hanover Street, where I have been employed 29 years, but he had been out of employment about three months because he neglected work—he then lived upon 10l. or 12l. which he had saved, and I don't know where he went to lodge, but I understood it was Empress Chambers—he came to my place every Sunday, and he came to see his sister when I was out—I did not see him there very much; he has unfortunately been locked up on suspicion, and of course he could not come then.
CHARLOTTE MCCOIGN . I am McCoign's sister, and keep house for my father and my eldest brother—on the Tuesday night before the prisoner was locked up on this charge he was at home; he expected work next day, but was taken up—I used to give him money from time to time out of a half-sovereign which he left with my father—he had the whole of it, and his father and brother used to give him money every week when he came up, for food.
Cross-examined. He lived with my father up to 1880, I think, and then went to live at Empress Chambers, Drury Lane, he told us; that is about 20 minutes' walk off—he came to see my father every week when he was not prevented, but he got into trouble in June, 1880, and in Novem-ber, 1880, but he was let off then.
Prisoner's Defence. I was at work at 48, Drummond Street, and received a florin and sixpence for an afternoon's work. I gave the florin, and the man said, "I have no change. "I stopped while he went for change, and when I got across the square he came after me. If I had known it was bad I should have gone out of the shop.
GUILTY **.— Eighteen Months' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted.
SAMUEL BATEMAN (City Policeman 69). On December 2nd, about 5.30 p. m., I saw the prisoners loitering in Guildhall Yard—I was in plain clothes—I followed them through Gresham Street to New Broad Street, where they stopped a little girl, and Wilton gave her something—she then went into a confectioner's shop, and came out with something in paper which she handed to Wilton with some money—Wallace was a few yards off—they then went to Bishopsgate Street, where I met Towns-end in plain clothes—he joined me—Wilton went into a cheesemonger's shop in Bishopsgate Street, and Wallace waited outside—they then walked together to a public-house in Bishopsgate Street, stopped there 10 minutes, came out, and went to New Broad Street again, where we took them in custody—I searched Wilton at the station, and found three good sixpences and 3 1/2 d., and a slip of paper with the impression of a half-crown on it—I received this bad half-crown from Miss Taylor—Wilton denied having the paper on him, and when the charge was read over he said "I had no felonious intent."
Cross-examined by Wilton. I went into the cheesemonger's; they had taken some bad money, but they could not identify you.
ROSE ANN HIBBLE . I was 11 last December—I live with my aunt in Elder Street—on 2nd December I was in New Broad Street at 5 o'clock, and saw Wilton; he said "Will you go in and get me a twopenny loaf, and I will give you a halfpenny?" pointing to No. 64—I did so—Miss Taylor gave me the loaf; I put tho half-crown down, and she gave me a florin and 4d.—I gave the bread and the change to Wilton; he gave me a penny, as he had not a halfpenny—a constable took me back to the shop, and I afterwards saw the prisoners at the station.
FANNY TAYLOR . I used to serve at 64, New Broad Street—on 2nd December, at 5 o'clock, I served the last witness with a loaf; she gave me this half-crown, and I gave her change, and put the coin in the till; it was a new one; there was another half-crown there, but that was an old one—I have no doubt that this is the one the girl gave me—I took it out when the constable came, and he took it away.
JOHN NICHOLSON (City Policeman N 189). Bateman called my attention to the child, and I took her to Taylor's shop, who went to the till and produced this half-crown—I took it away, but afterwards took it back and gave it to her—this is the half-crown she gave me.
THOMAS TOWNSEND (City Policeman N 920). On 2nd December I met Bateman in Wormwood Street, and we followed the prisoners into Bishopsgate Street—I was in plain clothes; I told Wallace I should take him in custody for being concerned with Wilton in uttering bad coin—he said "I don't know the man; I never saw him before," but on the way to the station he said "I know him only as a public-house friend"—I found on Wallace a sixpence and a ticket for an umbrella pawned for 2s. 6d.
Wallace's Defence. I don't know anything about it.
Wilton produced a written defence stating that he received the money from a man at Peel's Coffee House, who engaged his services at 1l. a week, and gave him 6s. in advance.
WALLACE— NOT GUILTY .
WILTON— GUILTY . (He was further charged with a conviction of felony in November, 1880, upon which no evidence woe offered—NOT GUILTY.)—— Twelve Months' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted; MR. WILLS Defended.
ANN MARIA CHAPMAN . In November last I was in the employ of Mr. Luck, a confectioner, of Tottenham Court Road, and on 23rd November, about noon, I served the prisoner with a Bath bun; he put down a half-crown; I tried it, told him it was bad, and gave it back to him—he said "I am very sorry it has happened; have you the means of trying it? I will give you another," and gave me a good one—Mr. Luck gave him in charge.
WILLIAM LUCK . I am a confectioner, of Tottenham Court Road—I came into the shop in November and found the prisoner there—I said "Will you give me the half-crown?"—he gave me this coin (produced) and said "You know me"—I said "I do not," and sent for a constable—he said that he got it in Oxford Street in change for a sovereign—he
was sober—he was taken before a Magistrate that afternoon and dis-charged.
JOHN HANDRON (Policeman E 399). I took the prisoner and told him the charge—he said that he did not know it was bad; a great deal of money passed to him during the week in his business, and he may have had it given him in mistake—I found 4s. 6d. in good silver on him and four pence—Mr. Luck gave me this coin—the prisoner told me at the police-court that he was going to Australia next morning, and his brother had paid his passage, and he was very sorry for what had occurred.
Cross-examined. He had on him samples of honey, beeswax, and sago, and mentioned two or three people who he was travelling for—I gave the half-crown up at the station; it has not been in my possession ever since—he did not say that it was his brother who was going to Australia.
ELIZABETH FREANE . I am barmaid at the Boar and Castle, Oxford Street—on 20th December, about 9 p. m., I served the prisoner with twopennyworth of whisky; he gave me a half-crown, which I broke easily—I asked where he got it; he said "I don't know," and gave me another, which I broke also; he then gave me a third, which was good—he said that he did not know the others were bad, and picked them up—I did not see what he did with them—I fetched a policeman.
Cross-examined. He was in the house about four minutes—I gave him 2s. 4d. change—I believe he was sober.
ALFRED PAYNE (Policeman E 427). I went in at one door of the Boar and Castle as the prisoner went out at the other—he ran; I ran after him and caught him, and told him the charge—he said" Well, I am sorry for it"—I found on him two shillings, four pence, some arrowroot, ginger, cloves, nutmeg, this book, and a pawn-ticket for a pin, for 2s.
Cross-examined. What he said was, "All right, I threw it away"—he did not say "I am sorry for it"—my depositions were read over to me—I have been eleven years in the force—I found everything correct as to where he was employed.
Re-examined. He said" It is quite correct; I did try to pass the two half-crowns, and the barmaid broke them"—I did not find the pieces—I took him about 200 yards off—he ran all the time—he was sober.
The prisoner received a good character.
NOT GUILTY .
FOURTH COURT.—Tuesday, January 10 th, 1882.
Before Robert Malcolm Kerr, Esq.
168. WILLIAM NEWMAN (30) to stealing a box, six chemises, and other goods of Walter Francis Fitch, having before been convicted.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
169. JAMES CHARLES McKENZIE (31) to forging and uttering a request for the payment of money, and to having before been convicted.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. GEOGHEGAN Prosecuted.
FANNY DAVIS . I am the wife of Edwin Davis, of 44, York Road, Lambeth—on 20th December, about 4 o'clock, I was in an omnibus at the foot of Ludgate Hill—I was wearing an Ulster with outside pockets carrying a purse—the prisoner was in the 'bus when I got in, and it was full—he sat the side my purse was, which contained 1l. 15s.—he got out on Ludgate Hill suddenly, and I put my left hand in my pocket and found my purse gone—I exclaimed "That man has taken my purse"—I ran up Ludgate Hill and could not see him—I went back and got in the omnibus—some one called out "Here he comes"—I saw a policeman holding him and gave him into custody.
JOSEPH ALLBURY . I live at 164, St. John Street, Islington—I was in the omnibus at the time Mrs. Davis was in it—after the prisoner had been there some time I heard the prosecutrix call out "I have lost my purse"—I saw the prisoner get out—he ran a slight run—I followed him; he ran very smart after that—I chased him up Ludgate Hill—I struggled with him—I saw a motion with his hand, as if he was throwing something away, and I saw the purse about a couple of yards off.
Cross-examined by the Prisoner. I noticed you had a very thick stick—I saw no boy with a paper cap; I had enough to do to look after you—you were very powerful.
SAMUEL STIMPSON (City Policeman). I was on duty in Ludgate Circus—I heard some one call out "Stop thief!" and saw the prisoner running near the Bodega wine stores—Allburey told me the prisoner had stolen a purse—he was struggling with the prisoner—I picked up the purse.
He also PLEADED GUILTY** to a conviction of felony at Clerken-well in June, 1880.— Two Years' Hard Labour.
MR. WILMOT Prosecuted; MR. GEOGHEGAN Defended.
EDWARD LATTER (City Detective). On the afternoon of 15th December last I saw the prisoner in the City Road—I told him I was a detective, and I should take him into custody for forging an acceptance to a bill of exchange for 22l. odd, said to be drawn by Mr. Barnes—he said" It is a mistake, Mr. Barnes knows all about it"—I took him to the station and charged him—Mr. Viator, the prosecutor, was there—I produced this bill for 22l. 10s. (Dated July 25, 1881)—the prisoner said" This is one of my bills"—he was searched—I found on him two bills, one for 37l. 10s.
FRITZ VICTOR . I am a paper merchant, living at Barbican—on 30th July the prisoner asked me to discount this bill for him for 22l. 10s.—I declined—he then asked me to lend him 4l. upon it, and he would give me 10s.—he left the bill with me and gave me an I O U for 4l. 10s.—I lent him another shilling, altogether 4l. 11s., and he altered the I O U to 4l. 11s.—he came to me two months afterwards and asked for the bill back—he wanted the discount, and said he would pay back my loans out of the proceeds—I said" No, I will have the money first"—I paid the bill into my bank the day before it was due, and it came back dis-honoured.
Cross-examined. The prisoner had been in my employment—Mr. Barnes is my customer—the prisoner did not first ask for a loan of 2l.—I know his writing—I would not swear the whole of the bill is his writing.
Re-examined. To the best of my belief "Accepted payable at the Shoreditch Branch" is his writing.
HENRY JAMES BARNES . I am a fancy box manufacturer, of 12, Chapel Street, Myddelton Street—the words "Accepted H. J. Barnes" on this bill for 22l. 10s. are not my writing—the prisoner had no authority to write my name—I have known him three or four years—he asked me to accept a bill for him in July, and I refused—when he had written it out he asked whether I would save him running about the City—the bill was like the one produced, and the amount was about 22l.—I was not indebted to the prisoner.
Cross-examined. I have not accepted bills for the prisoner—I accepted a bill in the name of Summers on my own business—the prisoner had nothing to do with that; his name was not on it—I was willing he should purchase my business—I was in pecuniary difficulties—I owed Viator 30l. or 40l.—the transaction with the prisoner about my business fell through, as he said he could not get his bills discounted, and that people had told him I had a bill of sale—the agreement was not to pay me 150l. in cash and the rest in bills for my business—he said the money was coming over from the Continent—I have not done business with him—three or four years ago I did business with Viator—the trans-action as to my business was left open—I had an account at the London and Westminster Bank, but no money there.
GUILTY .— Twelve Months' Hard Labour.
MR. GEOGHEGAN Prosecuted.
WALTER BATESON . I am one of the firm of Bateson and Co., of 25, Cheapside—the prisoner was a porter in our service—on 20th December I enclosed in a letter a Bank of England note for 10l.—the prisoner was standing by the desk—the bank clerk produced a note at the Mansion House, and the number tallied with one we took—I fastened the envelope up and gave it to the prisoner to post—this is the note, endorsed "S. Richardson"—I believe that is the prisoner's writing—on the 23rd I received a letter, in consequence of which I wrote to the party to whom the letter of the 20th was directed—on receipt of a telegram in answer to my letter my partner went down to the Bank of England and made inquiries—upon his return we charged the prisoner with stealing the note—the prisoner delivered some goods to a person named Richardson about a week before I gave him the note to post—this paper marked is the signature for goods delivered made out in the prisoner's writing—the other signature is his writing, and was torn out with it.
NOT GUILTY .
MR. GEOGHEGAN Prosecuted; MR. LEVEY Defended.
ADOLPH RAINBOUX (Interpreted). I live at the Hotel de Paris, 40, Museum Street, Leicester Square—on the evening of 25th December I was going going home at 11 p. m.—passing Brewer Street two men spoke to me—the prisoner is one—they then took hold of me, threw me down, struck me, and scratched my nose; they unbuttoned my clothes, and fumbled about my pockets—I got up and ran away; they followed me—I called out "Police!"—I had 7s. in my pocket.
Cross-examined. I had just left work—I first saw the two men at the corner of Broad Street—the moment I saw them they attacked me.
GEORGE GILLETT (Policeman E 211). I was on duty in the neighbour-hood of Oxford Street on Christmas night—I saw three men at the corner of Vine Street struggling together; they ran away—I followed them to Museum Street; I saw the prosecutor run across and knock at his door—the prisoner and another man were standing at the corner of Little Russell Street—I identified the prisoner as one of the men who had the prosecutor on the ground in Vine Street—the prisoner said" It was not us"—I said "It was"—then the prosecutor, who was knocking at the door, showed me his nose—I took the prisoner into custody—the other man ran away—the prosecutor identified the prisoner as the man who struck him—the prisoner said it was not him.
Cross-examined. He said he was not there at the time—Vine Street is 150 yards from Museum Street—I could not see their faces when they were struggling together.
The Prisoner's Statement before the Magistrate. "I am not guilty. should never have gone half across the road to meet the constable if I had done anything of the sort. "
NOT GUILTY .
HARMAN PLEADED GUILTY to the conspiracy counts.
MR. GEOGHEGAN Prosecuted.
SARAH AUGUSTA SQUIRE . I live at the Fox and Goose, Hanger Hill, Ealing—on the afternoon of 5th December Harman brought a letter, which my niece gave me; I went and saw him—he left, and brought me another letter, which I opened, and took to my husband, who was ill—I brought Harman a pen and ink, and he gave me a receipt for 15s. 6d.
SAMUEL CLUNY (Detective X). I took Harman into custody—in con-sequence of a statement he made I went to the Royal William, a quarter of a mile from the Fox and Goose—I saw Watson outside Ealing Police-station; he was brought there—I asked him if he knew Harman—he said "No," but afterwards admitted it—I said" You have been endeavouring to obtain 2l. 9s. 6d. at the Fox and Goose by means of a letter"—he said "I don't know about the letter"—he had a black coat on, and I said "This coat does not belong to you"—I brought Harman out, and said "Do you know Watson? he wants his coat"—Harman was wearing a coat—he said" If he wants it I'll tell you the truth; we con-cocted the letters at a public-house close to the Fox and Goose"—I found on Watson a pocket-book containing a lot of memorandums and letters and this envelope with "William Squire, Fox and Goose" on it—I went to the Royal William to make inquiries.
Alfreton—the prisoners came to my house on the 5th—Watson sat by the fireside in the taproom, and Harman came for the beer I served him with—he asked me if I knew the landlady who kept the Fox and Goose some time ago, and did she keep it now—I said "No, she's dead"—he said "Who is the landlady now?"—I said" Squires"—Watson was within hearing—Harman asked for pen and ink, and I saw him write on the taproom table; Watson sat beside him—Harman went out, and Watson remained sitting by the fire.
Watson's Defence. I was not sitting near Harman at all.
WATSON— NOT GUILTY .
HARMAN.— Eight Months' Hard Labour.
MR. GEOGHEGAN Prosecuted.
DANIEL WARREN (Policeman H 384). About 1.15 a. m. on 30th Decem-ber I was in Beaumont Square, Mile End Road—I saw a man run and afterwards the prisoner three or four yards from him—I asked the prisoner what was the matter down in the corner—he said he went to make water—I said" You must come and see"—I took him to 16, Beau-mont Square—I felt for the door, and kicked at it, when the prisoner tried to rush by me to get away—I shoved him between the palisading and the side of the house; in the struggle his head went through the window, and cut it—I took him the station—I saw the occupier of the house—the prisoner was searched; nothing was found on him—the other man made his escape—it was a dark corner; I only caught a glimpse of him—I saw them both come from the door.
EPHRAIM PAGE . I am Mr. Holton's lodger—I was in bed in the front parlour on this night—I heard Mr. Holton come in about 1.20 a. m. on 30th December—I heard him fasten the door and heard the latch click—I heard some one in the passage about 1.15—they went up the passage inside the house—I believe there were two—the steps passed my bedroom door—I got up when I saw the policeman come.
THOMAS TWEED . I am a milkman of 12, Sydney Street, Poplar—I produce a key which I found in Beaumont Square, which is in my walk, while I was delivering milk on the 30th December—it was two yards from the fence, and four or five yards from No. 16.
He also PLEADED GUILTY* to a conviction of felony at Clerkenwell in March, 1870.— Twelve Months' Hard Labour.
MR. GEOGHEHAN Prosecuted; MR. FULTON Defended.
WILLIAM HENRY WRIGHT . I am a silk merchant of 14, Paternoster Row—on 10th November the prisoner called upon me—he said he had an order for satin from Mr. Lydell, of Australia Avenue—he selected a piece, of which I let him have 45 yards—that was produced at the police-court—I was induced to part with it because I had known him as
a traveller, and being out of a situation he applied to me to sell goods on commission; believing also he had an order from Mr. Lydell, and knowing him as a respectable man—on 25th November he called again and said he had an order from Mills and Wood, of Westmoreland Buildings, for some satin—the value of the 45 yards is 7l. 10s.—I let him have the satin believing he had such an order—he called again on 25th—I also saw him on 28th—he said he had left two pieces of coloured satin at Meeking's, in Holborn, and that Meeking's were disposed to buy 150 pieces of it, and he wanted a further range of colours to show them, and that he had made an appointment with their buyer at 1 o'clock—I selected five pieces—I said as they were rather heavy we would go together—he said "l can carry them myself"—when we got outside Meeking's he said "I will go in and see whether the buyer has gone to his dinner or not"—he went in and came out and said that it was past 1 o'clock, the buyer had gone to another firm to buy the satins—I returned to the warehouse—he called later in the day and said Mr. Tweed, of Old Street, would buy the satins, and I allowed the prisoner to take them—I parted with them because I believed he had an order from Tweed's for them—the following day he came and said he had called on Mills and Wood, and they were disposed to buy 18 pieces—he then selected three more pieces from my stock to show them, to the value of 21l.—he said" I have left those goods at Tweed's, and I think he will buy between 20 and 30 pieces of them; I will see him again. I am going on with these now to Mills and Wood"—I parted with them because I believed he had received an order from Tweed's for them—in consequence of inquiries I made I went to the prisoner's house—I saw his wife and left a message—I did not see him again till the 2nd December, when I saw him at his house—I said "I have been round, Mr. Figg, and I cannot find that those goods you had from me have been delivered; it seems strange, you had better come back to my warehouse and go with me"—he was indignant, and I came down and found his wife in tears—he said "I am surprised you think I have done anything with those goods, you know they have been delivered to the firms"—I said" I have been there and they tell me they have never received them nor seen you"—he said "I will go with you; I want my dinner, but will be at your office by half-past two or three"—I was at my office at the time, but he did not come—I went to his house—I was not admitted—I did not see him again till he was in custody—I received these letters from him—I know his writing. (The letters stated that he was sorry Mr. Wright was out, but he would come back with the goods as soon as he could get them; also that he was sorry to have deceived Mr. Wright, and had no such intention, but had yielded to the temptation of realising on the satins, and would pay him the 31l. 10s. he had received on them.) The detective handed me the last letter—duplicates were enclosed—several pawn-brokers produced silk at the police-court, which I identified as mine—I had agreed with the prisoner that he should sell goods for me and in my name only on commission—he had no authority to pledge them.
Cross-examined. I had known the prisoner three years—he was with Messrs. Brooks, silk merchants—I met him very often—I have carried on business eight years; at 5, Milk Street, six years, and 14, Paternoster Row, one year—I did not suggest he should take offices—there were
offices to let at 14, Paternoster Row—he said he should take some offices—I did not agree to be reference—I would not trust him with goods to sell on his own account—I trade as W. H. Wright and as Goshea and Co.—I have two businesses on the same floor—I did not agree to supply him with goods on credit—I was not asked to produce my books at the police-court—I supplied the prisoner with 12 pieces altogether, from 10th to 28th November—I cannot say what business I did between those dates; more than 5l.—I have not my books—it might have been more than 10l.—it was our slack season and no business is done—seven pieces were for Meeking's—I had not done business with Meeking's—Herring was present when the prisoner came to me about selling for me—he was my clerk—I have no clerk now—the prisoner was to nave 2 per cent, commission when the goods were were paid for—I took the name of Goshea when I took Mr. Banfield's business—it was my wife's business—I never sell English goods, they are all French—I have an entry of these transactions in a rough memorandum book—it is not here.
Cross-examined. The prosecutor was a silk merchant—I left him on the 25th November—I was with him six months—I left not because he was doing no business but to better myself; he was doing little business, and I left to do more—I had no conversation with him about the prisoner; it was no business of mine—I know the terms; Fig was to sell, and they were to divide the profits; that is what I heard.
NOT GUILTY .
OLD COURT.—Wednesday, January 11 th, 1882.
Before Mr. Justice Stephen.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. J. P. GRAIN Defended, at the request of the COURT.
The prisoner' was a widow with two children, aged 10 and 8 respectively, and was lodging in the same room with another woman at the time she was confined of the child in question; she had told the woman that she was in the family way, and that she was going to the workhouse to be confined; but the child being born unexpectedly, and as she alleged still-born, she in company with the woman went out and left it on a doorstep in Bloomsbury Square about 9.30 p. m., where it was found by a policeman passing. There being no decisive proof that the child was born alive, MR. POLAND did not press the charge of murder, and MR. GRAIN submitted that the evidence as to concealing the birth was not sufficient, and cited the cases of the Queen v. Sleap, 9 Cox, Criminal Cases, 559, and the Queen v. George, 11 Cox, 41. MR. JUSTICE STEPHEN, referring to the words of the statute, "shall endeavour to conceal the birth by any secret disposition of the dead body," held that those words meant an endeavour to conceal from people in general the fact that the child was born of her, by disposing of its body secretly in such a way as to effect that purpose; and further, that such a secret disposition was not inconsistent with its being known to a person whom she might think likely to conceal it; that circumstance would be a fact for the Jury to take into
account, but was not in itself inconsistent with the secret disposition of the body. As there appeared to be some uncertainty as to the view taken in such cases, he would, if necessary, leave the question for the Court for the Con-sideration of Crown Cases Reserved. The Jury, however, found the prisoner
NOT GUILTY .
MR. ISAACSON Prosecuted; MESSRS. MONTAGU WILLIAMS and HORACE AVORY Defended.
TIMOTHY SHEA . I am a labourer—I have been living in North-east Passage, Cable Street, St. George's-in-the-East, for a fortnight—on 11th November, about midnight, I was at the Blue Anchor public-house; I was invited in there to have a drop of drink; there were four more in company with me, two males and two females—the prisoner came in and called for a glass of something—he turned back again, went and put his back to the door, and his elbow against it, to prevent its being opened for people to go out—I heard one of the others say, "He has a revolver"—I turned round and saw a revolver in his hand—I said to the landlord, "Very likely it is loaded"—I went to go out, and when I got close to him he fired at me, and I dropped on the floor and do not remember anything afterwards—I got blinded in both eyes—I saw the flash right in my face.
Cross-examined. I went in there about 11.45—the prisoner was a stranger to me—I never had any dispute with him.
By the COURT. I have been at the hospital since, and been treated by the doctors there—I have lost one of my eyes.
MARY ANN SHEA . I am the prosecutor's stepdaughter, and live at 5, Albert Square, Shad well—on the night of 11th November I was with him and Eliza Pattison in the Blue Anchor—there were two young men having a drink—the prisoner came in and called for a drink—two young women followed him in, and they asked him to treat them; I can't say what answer he made—he went towards the door, put his back against it, pulled a revolver out of his pocket, and fired it; he then put it in his coat pocket and said, "I have done it, but I did not mean it for him"—no one struck him.
Cross-examined. He was a perfect stranger to my stepfather and our party.
ELIZA PATTISON . I am an unfortunate woman—I was at the Blue Anchor with Mr. Shea and his daughter—the prisoner came in; two young women followed him in, and asked him to treat them—he said, "No," he had no treat for anybody—I saw him take the revolver out of his pocket and hold it towards Mr. Shea's face—nobody had struck him or given him any provocation—he fired, and then put the revolver in his pocket and went to make his way out—Shea fell back on the counter.
JEREMIAH MCCARTHY . I am a labourer, of 3, Perseverance Place, Farmer's Folly—I was in the Blue Anchor, and saw the prisoner there—he put his back to the door and fired the revolver—he held it straight out—Shea was leaning against the bar; I don't know how it came to hit him—the prisoner had received no provocation.
was sober—I was going into the house as he was walking out; he had one leg inside the door and one out—I saw the revolver in his hand, and saw him present it, and it went off—there were three or four persons in the direction of the muzzle, and it struck Shea—I did not see him struck or provoked—he had gone out of the house once and returned again in about five minutes.
GEORGE SUTTON (Policeman H R 13). I was on duty in Cable Street about a quarter to 12; I heard the report of firearms in the Blue Anchor—I immediately ran into the house, and saw the prosecutor standing in one compartment bleeding profusely from wounds in the face—the prisoner was in the same compartment—I saw a revolver in his hand; I seized it and took him into custody—he said "I know I have done wrong; I will give the revolver over to the officer"—he gave it me and I took it to the station, and gave it to the inspector—he was sober as far as I could see—I could not see that he was any way the worse for liquor—he made a long statement to the inspector, which was taken down.
Cross-examined. The Blue Anchor is a public-house—this was a very small compartment.
DAVID HOLDER (Police Inspector H). I was on duty at the Leman Street Station when the prisoner and prosecutor were brought in by Sutton—the prisoner made a statement, which I took down thus: "I have been robbed in that house before, and I'm b—if I will be robbed night after night; I don't know who I shot at; I knew I done wrong as soon as I done it; my life is not safe; I gave the revolver up to the constable; I was robbed after the policeman had me in custody; it is a five-chamber revolver; four are loaded, one discharged"—I read the charge to him; he said "I did not shoot him with intent to kill him; the young woman there was one of them that robbed me a few nights ago; I went in there that night, and she was on me again with two or three young chaps; I shot the pistol off, but I did not intend to kill him"—the constable gave me the pistol; I produce it—I found it at half cock.
Cross-examined. It is a public-house frequented by low characters—I saw the landlord, Peter Smith, lastnight; he has been laid up since the Friday before Christmas Day—he is quite unable to be here to-day; he has rheumatic fever—I only know that from the doctor—he was examined before the Magistrate.
ARTHUR KNIGHT GALE . I am house surgeon at the London Hospital—about 2 o'clock on the morning of 12th November the prosecutor was brought there; he had a wound passing obliquely through the cartilage of the nose, beneath the eyeball, and terminating beneath the skin on the right side of the head—it was not in itself dangerous; the danger was from erysipelas or suppuration—if it had gone a little farther back it might probably have caused death—there were several grains of powder in the face, and he has lost his eye; it was extracted—in my opinion the revolver must have been fired close to his face—he has not yet left the hospital—he will soon be able to—I extracted a ball.
The prisoner received a good character.
GUILTY .— Five Years' Penal Servitude.
MR. GRIFFITHS Prosecuted.
ELIZA WOODHOUSE . I live at 29, Glebe Place, Chelsea—the prisoner and his wife lodged with me for some seven or eight months—she was confined in my house in November—at that time she was very dirty, and nothing whatever was provided for use—the prisoner did not attend upon her; he was tipsy—he was very much given to habits of intemperance—I knew she was about to be confined, and spoke to her two days before to provide herself with a nurse and a doctor, as I could not wait upon her; and I said to the prisoner "You must go and fetch a doctor," and he went for Dr. Keene a short time before the confinement—the doctor remained there about 20 minutes—this was on the 8th November—he was not there when she was confined; he had left—Mrs. Wood, a nurse, was with her when she was confined—the prisoner was outside the door tipsy—myself and Mrs. Wood remained in her room till twenty minutes past twelve at night, when she seemed pretty well after it—she was con-fined between 9.30 and 10 in the evening—Mrs. Wood came every day for one hour for nine days—a fortnight afterwards Mrs. Richardson came—she is a nurse who used to live in the infirmary—the first week Mrs. Robertson went on pretty well—I turned her husband out of doors because he was so drunk—that was at 8 o'clock in the morning; I heard her shout" Mrs. Woodhouse"—I took two steps up the stairs, and she said" He has got my boots to pawn; take them away"—I took them away and put them in the bottom drawer—she was then sitting up in bed, and had nothing on but a dirty quilt and a blanket—she had a bad cough before her confinement, and afterwards for a fortnight or three weeks I should think—I gave her some medicine for it—she went into the infirmary on the 25th—I remember the prisoner being brought home very drunk one morning by two men—he could not sit or stand—I asked the men to lay him at the foot of the bed—he was wet, and pulled the bed-clothes off his wife—I don't remember what day that was—I was the only one there at that time—after he came out of the House of Detention, and just before she was taken to the infirmary, I said to him "Mrs. Robertson is ill, you had better get a doctor"—he said," Do you think it is neces-sary?"—I said "Yes"—he did not fetch one, and then she was taken to the infirmary.
Cross-examined by the Prisoner. I asked your wife if she had taken anything for her cough, and she said a few sweets—she did not want for anything—you paid the rent after a good deal of trouble—I never knew you ill-treat her—there was one shin of beef for beef-tea—I never saw grapes or calvesfoot jelly—I heard she had it—she was well provided for while you were away—you did not tell me your wife was taken three weeks before she expected it—she might have had dinner with you three hours before she was confined—the night she was confined there was no tea, nor coal, nor butter—I provided her that night with what she wanted—I used to take her up her breakfast—between the two of us there was no lack of anything, except she wanted things to cover her—I lit the fire the evening of the confinement—you slept in an empty room above that night.
JESSIE RICHARDSON . I am a nurse, living at Chelsea—I was sent for by the last witness, and went to attend upon a Mrs. Robertson—she had been confined 14 days then—I found her in a very feeble, low condition,
and perfectly destitute—she had not a change of clothing—the bedclothes were an old counterpane, two old rags which were termed sheets, and a very small blanket—they were provided for the baby—she was in bed when I went there—I can't recollect if there was a fire or if I lit one—the prisoner was lying on the bed drunk—his lower garments were saturated with wet—he was repeatedly asking her for money to buy whisky—on the first day I went about two and left at eight—I went a little after seven the next morning—she was still in bed—she was very weak indeed—he was drunk—he asked me to go out of the room because he wanted to speak privately to his wife, and I went out of the room—when I had got down-stairs Mrs. Robertson screamed for me to go back, and when I got back I saw the prisoner bad got his hands on her throat, and was asking her for money—I do not believe he was pressing her throat, but merely frighten-ing her to get money—he raised a stick in the same way, and threatened to bash her brains out; and he pulled the bedclothes off her—there were three mutton chops in the room—I cooked one for him, and one for his wife, and the prisoner took the third and said he should pawn it for 2d. to get some whisky—I left after that; it was no use having a person to look after her when it took all one's time to look after a drunken man.
MR. JUSTICE STEPHEN considered that although this evidence disclosed a very disgraceful state of things on the part of the prisoner, it did not amount to a case of manslaughter.
NOT GUILTY .
NEW COURT.—Wednesday, January 11 th, 1882.
Before Mr. Recorder.
180. FRANK FIELD PLEADED GUILTY to unlawfully wounding David Gibson. MR BESLEY, for the prosecution, admitted that the prisoner was very much ill-used by the prosecutor, and used the knife for his own protection.— To enter into recognisances in 20l. to keep the peace.
181. HENRY BUTCHER (45) to two indictments for stealing decanters and other articles of Solomon Maw and others, who recommended him to mercy.— One Month's Hard labour. [Pleaded guilty: See original trial image.]
182. HENRY EASTERBROOK (43) and JOHN MARSHALL (50) to burglariously breaking into the dwelling-house of Matthew Hummings, with intent to steal, both having been before convicted. EASTERBROOK*— Twelve Months' Hard Labour. MARSHALL**— Fifteen Months' Hard Labour. And [Pleaded guilty: See original trial image.]
183. HENRY TROUT (20) to two indictments for feloniously forging and uttering orders for the delivery of goods with intent to defraud.— Four Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. MONTAGU WILLIAMS Prosecuted; MR. LEVEY Defended.
ARTHUR HERBERT SAFFORD . I am Chief Clerk at Westminster Police-court—I produce the minutes of evidence taken there on 8th September on the hearing of a summons of Davenport v. Crane—I heard the defen-dant say, "I am not a married man; I was not married at St. Peter's, Hereford, on 29th February, 1876; I was never married to Mary Evans; I did not go through any ceremony of marriage there; I did not meet Mary Evans at St. Peter's Church, Hereford"—those questions were put by the counsel for Crane—he also said, "I do know her; I have never
been engaged to her; my name is William Yelverton Davenport; I am 30 next birthday; I was 29 last February, that I swear; I know Mary Evans, she has lived with me as my mistress; there is no foundation for the statement about my marriage; I believe some one personated me"—I have the summons here and the recognisances which Dr. Crane entered into pursuant to the Magistrate's decision.
CHARLES ALBERT CRANE , M. D. I live at Markham House, Pimlico—I was the defendant in a summons heard at Westminster Police-court on 8th September which was taken out against me by the prisoner—I heard him swear what Mr. Safford has deposed to—questions were put to him about his marriage, by my Counsel—this letter is in the prisoner's writing (This was addressed "My darling Mary "acknowledging the receipt of a post-office order, and signed" Your loving husband, William Yelverton Davenport.)—I produce a certificate of the prisoner's marriage which I have com-pared with the Register at Somerset House. (This certified the marriage of William Yelverton Davenport, aged 24, surgeon, and Mary Evans, 24, spinster, at St. Peter's Church, Hereford, on 29th February, 1876)—the defendant's father's name is Sharrington.
Cross-examined. I have known the defendant since 1874—I first heard of his being engaged to my sister about March, 1874, or perhaps a little earlier—it was broken off when he left me in 1874—he had been with me as assistant, and renewed a year ago last June—I have no evidence that he was married to my sister—she was not living in the same house with me in September—I had a suspicion when I took out the summons for perjury that they were living together as man and wife, but I was not certain—he and I have not been on bad terms for some years, but he misbehaved himself, and I had to get rid of him, and had not seen him till last June or July; he had dropped entirely out of my recollection—you will find that I said that I had used strong language, in letters which I considered privileged, to my family describing his conduct—it was, I believe, in the beginning of December, 1880, that I first heard of his alleged marriage in February, 1876, with Mary Evans; that was after he had published the banns of marriage with my sister—I made a great many communications to my sister—I was trying all I could to prevent him committing bigamy—she did not believe it at all—the Public Prose-cutor, who conducts the case now, did not conduct it at the police-court; I conducted it myself—I have never seen Mary Ann Evans—I believe she is living with her father now, but I heard of her being in the union at Ranedon—the defendant made her acquaintance when he was assistant to Dr. Richardson, at Ranedon, in 1875, after his engagement to my sister was broken off—I appeared by counsel at the police-court—I was charged with threatening language.
MARGARET ANNIE STOWE . My husband is a coachbuilder, of 30, White Cross Road, Hereford—I was present at St. Peter's Church, Hereford, on 29th February, 1876, as bridesmaid to Mary Evans—the prisoner was the bridegroom—I recognised him at once at the police-court.
Cross-examined. I am no relation—I had known her some years, but I never saw the prisoner till the afternoon before the wedding, and I did not see him after till he was at the police-court—I signed the register—the prisoner looked exactly as he does now, and his voice is the same—I will not be positive whether his whiskers are longer or shorter—he had a beard, to the best of my belief, but that is the man in front of me—I
do not recognise this photograph (produced)—Wm. Pitt and the curate and the clerk werealso present at the marriage—none of the prisoner's family were there—her father and brother and sister are living, her mother is dead—the marriage took place at Ranedon, which is not where they lived—Mr. Gaston was the clergyman; he is now Vicar of Bromfield—Mr. Jones, the clerk, is alive—Mary Evans is living with her father; I don't think he is a butcher now—I think the clerk went with him to get the certificate.
GRIFFITHEVANS. I am a tailor, of High Street, Worcester—in 1876 the prisoner came to, my house with my sister, Mary Evans, who, he said, was his wife, and that they had been married three weeks or a month—he said that they were married at Hereford, but they came to me from Bucknall, near Niton—they stayed with me for two months, and I bought him a hunter and other things—I saw him leaving for Hereford Gaol in custody of a constable the morning after he was con-victed of deserting his wife.
Cross-examined. They came about February, 1876, but I don't know the day, and they both told me that they had been married three weeks or a month.
WILLIAM PITT . I am a seedsman and florist, of Sutton, Hereford-shire—on 29th February, 1876, I was present at the prisoner's marriage to Mary Evans, and was in his company the best part of the day till they went away—he was then drunk.
Cross-examined. He was sober when he was married—I had never seen Mary Evans before or since—I was just brought in to be a witness to the marriage.
GUILTY .— Twelve Months' Hard Labour.
MESSRS. MONTAGU WILLIAMS and PURCELL Prosecuted; MR. BULWER, Q. C., and MR. BESLEY Defended.
JOHN COSTIGAN . I am an usher at Worship Street Police-court—on 30th November I was present when Mr. Fordham was charged with exposing meat for sale unfit for human food—the defendant was examined as a witness—I administered the oath to him.
EDWARD LEE . I am Chief Clerk to the Magistrates at Worship Street—I produce a summons charging John James Fordham with exposing certain meat which was unfit for the food of man—Joseph Little was examined as a witness for the prosecution, and I took this note of his evidence:—"On Saturday, 15th November, I and another vestryman were passing the defendant's stall and smelt a very bad smell, and we saw meat, about one hundredweight or more, partly covered over in a barrow—several large pieces smelt bad—I saw his man take a piece from the barrow, and cut it and put it on the stall—we took several pieces to the station; it was very stinking; it was being sold at 2d. per pound.
Cross-examined. I am sure the barrow of meat was there—it was meat, not bone—it was in large pieces in the barrow." Other witnesses were called, and Mr. Fordham was convicted and fined 20l. and 5s. 6d. costs.
Cross-examined. There were three summonses for similar offences that day in, I believe, the same neighbourhood, and I believe they were all convicted—Mr. Fordham was convicted first—the Inspector of nuisances and the divisional inspector were examined, and the Magistrate convicted—Mr.
Fordham called one witness, Edward Richard Waite—I do not know whether he had a solicitor.
Re-examined. Two other men were convicted the same day for selling bad meat in the same street on the same night; one was fined 20s., the other 20l., and Mr. Fordham 20l.
JOHN JAMES FORDHAM . I am a butcher, of 169, Hoxton Street—I have been 25 years in the trade—on 30th November I was summoned at Worship Street for exposing bad meat for sale on 12th November—I had no Counsel or solicitor—I saw the defendant sworn, and heard what he swore, and asked him some questions—it is not true that I had a barrow of meat outside my premises on the night of 12th November—I was in the shop from 11 a. m. till 12.30 p. m., and during the whole of that time there was no barrow outside, nor any barrow there containing diseased meat—there was no diseased meat on my premises to my know-ledge—I was inside my parlour and saw a large concourse of people; I walked out and saw two gentlemen get out of a cab and Mr. Fletcher with them; they looked over the small pieces of meat which were there, and there were five portions of cramp bones by the side of the stall-board, which they took possession of, weighing 2 3/4 lb., with only a small portion of meat on them, and they left about 21/4lb.—the whole 5 lb. were not worth above 2d. if they were sold—there was no bad meat in my shop that I am aware of—Jackson and Waite, my assistants, mind the stall-board.
Cross-examined. There is pavement in front of my shop, between it and my stall, which is in the road—it is a marketing thoroughfare on Saturdays, when poor people go to get meat—there is always a large quantity of people, but the pavement is very wide; they do not have to walk in the road—the stall faces the shop, and has a small seat at the back—I could see out pretty well—I had six assistants that night—I do not attend to the Stall—I never noticed costermongers with barrows on Saturday nights, nor do I know where they buy meat, and I do not choose people to know what I give them—meat is often sold at 2 1/2 d. a pound—I should throw condemned meat away—Jackson or Waite would not let you have meat if it looked black—I have admitted that this meat was there, and that it was bad, and that it stank, but it was on my stall unbeknowing to me—it no doubt came out of my shop—I don't think it was more likely to have come off a costermonger's barrow—I got my supper that night and attended to my customers—we have gas out on the pavement.
Re-examined. Cramp bones are off large portions of beef; we keep cutting till we come to them, and sometimes they are put in the bin-hole, and sometimes they are sold for soup, but if the weather is bad we can't sell them—I had nothing to do with any costermonger's barrow outside the shop—I do not supply costermongers or buy of them—they do not go about the market selling meat; they have stalls on trestles, which are fixtures.
EDWARD RICHARD WAITE . I am a butcher in Mr. Fordham's service—on 12th November I was serving at the stall from 9 a. m. till 11.30 p. m., and during all that time there was no barrow of meat outside the shop, or any vehicle containing meat—I recollect the inspector and two men coming in a cab—it is not true that I took any meat from a
barrow and cut it up and put it on the slab, nor did I see any one do so; if he had I must have seen it.
Cross-examined. I am in Mr. Fordham's regular employ at Deptford, and spent my leisure time in doing an extra day's work, as I usually do on Saturday—I did not bring up meat from Deptford that day—I am only a slaughterman; I do not know how the costermongers get meat or trestles into the market—I gave evidence before the Magistrate—I was not surprised to find that there was any stinking meat on the stall—I set out the stall-board on this occasion, and one or two other men brought the meat to me, and I set out the stall to attract customers—I did not smell any of the meat—I can't say what the cramp bones were there for—I never noticed them at all—I have seen many a lot of bad meat, but there was none on the stall that night.
JAMES REUBEN JACKSON . I am a butcher and work for Mr. Fordham—I saw the defendant and Fletcher and another man drive up to the shop in a Hansom's cab—no barrow was there with meat in it; I had been there all day—I did not take from a barrow 1 cwt. of meat, cut up some of it, and put it on the stall, nor did anybody in my presence—if it had been done between 9 and 10.30 I must have seen it.
Cross-examined. If I was in the front of the stall and a barrow came up at the back I should see it, because my face was towards the stall—I did not see these cramp bones before Fletcher found them—we had no other bad meat—I never knew this was bad; I never had the chance of smelling it—I did not see them, because they were lying with some pieces of suet and salt meat—they would not have been sold if they had been discovered; my master would not sell bad meat, doing the exten-sive business he does—we give hones to boners—I have said "There was not quite so much flesh as bone"—100 costermongers' barrows pass through Hoxton every Saturday between 9 and 12, and about four of them sell meat, but I do not know where they get it—I did not see Mr. Little or Mr. Steel till they came in the cab—I saw the meat brought out to the stall in the morning—I do not know who brought out the cramp bones; they might all be in a basket, and turned out altogether.
Re-examined. If I had known there were cramp bones I should not have sold them—the four costermongers sell meat off a stall higher up, not from a barrow wheeled from place to place.
JOHN BAKER . I am a butcher in Mr. Fordham's employ—I was in the shop when the inspector came—there was no barrow there containing a cwt. of bad meat, nor did a man take a piece from a barrow and place it on the stall—if he had I must have seen it.
Cross-examined. I was at work in the shop, and the customers passed on the footway, between me and the stall—I took the meat to the stall in the morning, but I attend to the shop customers, not to the stall.
Re-examined. I stand in the street in the evening, on the pavement opposite the stall.
EDWARD FARRINGTON . I am a butcher employed by Mr. Fordham, and generally in front of the shop—there was no barrow there con-taining a quantity of bad meat, 1 cwt. or more, nothing of the kind, nor did a man take a piece of meat from a barrow and place it on Mr. Fordham's stall—no barrow was there that evening, on my oath.
Cross-examined. I was in front of the shop from half-past 8 till 11—I occasionally attend to the meat on the stall when it is required—I said
the stuff seized was cut off 161b. or 18lb. that day, and was being sold at 2 1/2 d. per lb.; it was not putrid—I think Mr. Fletcher and the doctor and the Magistrate were all wrong—I come from Rotherhithe; that is occasionally a stinking place—I was not before the Magistrate the first time—I did not know that he was going before the Magistrate for selling bad meat, only about the barrow—of course I knew that the bad meat was seized on the barrow—as the meat was not putrid, and as the doctor and Mr. Fletcher were quite mistaken, it would have been most natural if I had gone before the Magistrate, but I did not—a good deal better and a good deal worse meat is sold at Mr. Fordham's on Saturdays—Mr. Fordham's customers do not like strong flavour—I am not the man who took the meat off the barrow and cut it up and put it on the stall—I never saw a barrow at Mr. Fordham's shop.
Re-examined. I did not see anybody do it—the meat cut off of cramp bones is eightpence or ninepence a pound, but it is not cut off on Saturdays—the price of the bones is twopence a pound.
JOHN BROWN . I am a butcher employed by Mr. Fordham—I was in the shop when the inspector came—no barrow was there containing 1 cwt. of meat—I did not see a man take some meat from a barrow and put it on the stall—if a barrow had come up at 9 or 9.30 and meat taken off it, I must have seen it.
Cross-examined. I was at the scales in the shop, but I was outside at times—I did not see the Hansom.
CHARLES GRAVATT . I have a stall next to Mr. Fordham's stall—I was there on this Saturday from 9 a. m. to 12 p. m., I saw no barrow arrive with meat—no meat was taken from a barrow and put on the stall.
Cross-examined. I sell china and glass at my stall—my attention was not called till the gentlemen came in a cab—I never saw a barrow of putrid meat, but it was spoken of, Lansdown saw it go along—I told Burn that Steel and Little had made a mistake in the stall the barrow was at, I did not say that they were too fast—I can't tell you whose stall the barrow was at.
Re-examined. I can't tell you if the barrow stopped opposite a butcher's stall, as I never saw a barrow there.
SNOW LANSDOWN . I keep a stall on the other side of Mr. Fordham's—I was serving outside my stall from morning till night and did not see a barrow stop at Mr. Fordham's stall or meat taken from it and put on to the stall, had there been I must have seen it—I saw a barrow there at 2 o'clock going down the town, one of the chaps was pulling it along—he did not stop at Mr. Fordham's.
Cross-examined. The meat in the barrow did not stink, but it looked black—I did not run after the man to smell it, the look was enough for me—mine is an orange stall—I brought it there in the morning—I did not say that Steel and Little had been too fast.
JAMES SAMUEL HALES . I am a watchmaker, of 68, Upper Road, Kingsland, my brother-in-law works for Mr. Fordham, and I went there to buy my Sunday's joint—I was there from 9 till 11, I saw no barrow there, nor did I see a man take a piece of bad meat from a barrow and put it on a stall, if he had I must have seen it.
Cross-examined. I was there for amusement, and when I saw the traffic stop I bought my joint—I often stand there an hour before I ask—I did not see Steel or Little; I did not smell the cramp bones, but I was smoking part of the time.
The Prisoner's Statement before the Magistrate. "I say there was a barrow there, and a piece of meat was put from it on to the stall. "
NOT GUILTY .
THIRD COURT.—Wednesday, January 11 th, 1882.
Before Mr. Common Serjeant.
CECIL PLEADED GUILTY to stealing the geese.
MR. GILL Prosecuted; MR. THORNE COLE defended Knight.
THOMAS WEIGHT . I am manager to Alexander Gordon, brothers, fish-mongers and poulterers, 57, Old Broad Street—Knight was employed at 35s., and Cecil at 27s. a week—on Saturday night, in consequence of a statement made to me, I went into the basement of the adjoining premises, a chemist's shop—we have access to the w. c. there for our men, and a few empties are put there at Christmas time—I found in a hamper two geese, and behind some baskets on the shelf two pheasants—there was a loose cloth, like a horse cloth, over the geese—I left them there; that was about 7 o'clock—I was busy then and did not go there again till after the shop was closed, about 10.30—I communicated with the police—a detective followed the men—after the prisoners were taken into custody a goose was shown to me by an officer—I examined it and found it was mine—I identified the pinning.
Cross-examined. Others may pin on a ticket, but I have one particular place—Knight has been in my employment about three weeks—I employ about fifteen men.
ALFRED GIBSON . I live at 5, Union Street, Cleveland Street, Mile End—I am a porter in the employment of Messrs. Brooks and Co.—on Saturday, 10th December, about 10 p. m., I went to fetch the shutters from the stairs—I heard a noise—I looked into the water-closet—the stairs lead to the basement of the chemist's shop—the gas was not lighted—while I was there Cecil came down—he asked me to hold a basket open—I said I would not have anything to do with it—he had the basket in his hand—he got a hamper off a shelf—Marshall, another porter, came down—Cecil asked him to hold the basket, and he held it—Cecil said to me "What have you got to be frightened at? go up stairs, then I shan't be on the funk"—I went upstairs—about five minutes afterwards Cecil and Marshall came up—a passage at the top of the stairs leads into the street—Cecil had two mat baskets—he stood them down and went out at the street door, and came back and said to Marshall "It's all right," and took up the two baskets and went towards Winchester Street—he was away about five minutes—he came back into the shop and went on with his work—at 10.30 the men were paid and left—I went to the Ship public-house in Wormwood Street—I saw Knight there talking to Cecil—I went away—on the previous Thursday I had seen Knight in the cellar underneath the shop trimming his skate
up—Cecil came down—I saw a brace of pheasants in his trousers pocket—he had his apron on—I left them in the cellar; that was about 12.30.
GEORGE MARSHALL . I am a porter, and live in Devonshire Street, Mile End Road—I am in the service of Brooks and Co.—on Saturday, 10th December, I was in the shop about 4 p. m.—I saw Cecil take a brace of pheasants, and sling them on the rail leading to the stairs—about 20 minutes after that as he was taking a hamper downstairs he took the brace of pheasants at the same time off the rail—I went down after him—he put them in his trousers—he was wearing an apron—I went to the w. c—I saw him put the two pheasants on the top of the baskets, and go upstairs again—about an hour afterwards he went down again, and after being away some time he came back into the shop—he said that the pheasants had gone—near 10 p. m. I was in the basement under the chemist's shop; I saw Cecil and Gibson there—Cecil said to Gibson "Hold a basket"—Gibson said "I won't have anything to do with it"—I said "What have you got to be frightened at in hold-ing a basket?"and I held the basket while he put one goose in—he had a goose in another basket—he brought the baskets upstairs, and laid them down by the door, and he went to the private door leading to the street and looked—he then took the baskets up and ran to London Wall—he returned in about five minutes to the shop—at 10.30 p. m. we were all paid, and went away—some of us went to the Ship in Wormwood Street, and then to the Britannia public-house in Bishopsgate Street—Knight and Cecil were with us—Cecil asked the potman to bring two baskets up, and the potman brought them and laid them on the table—Knight asked me to carry the two baskets to Liverpool Street, and I carried them to the corner of Liverpool Street, and gave them to Knight—Knight and a poulterer, whose name I don't know, met Cecil and Cuthbert, and we went towards home—Knight gave me 2d. for carrying the baskets—Cecil went into a clothier's shop in the Whitechapel Road|—he paid 18s. 6d. off a suit of clothes—when he came out he said "I will make the governor pay for these clothes next week. "
Cross-examined. I did not think there was much harm in holding a basket—I did not think the transaction was honest—I did not tell my master nor the manager—about seven of us were in the Ship—I have been in Brooks's service about two months—I am 18 years of age.
CHARLES CUTHBERT . I live at 60, Philbert Road, Commercial Road—I am a porter in the service of Brooks and Co.—on 10th December I was in the shop—Knight was outside about 5 p. m.—I saw him take a goose from the side window, and go downstairs with it to the basement under the chemist's shop—he went in at the side door—he came back five minutes afterwards—an hour afterwards I went into the basement; Cecil came down—I asked him what he was looking for—he said for a brace of pheasants which he had put there some time before—outside the shop he said he had got a mind to take the geese away—he went downstairs, and came up again, and said he thought he was bowled out, as the missus had seen him—later on I went into the shop and Cecil asked me if I would take two baskets downstairs, as he wanted to pack something up in them, and I said "No, I am going out, I cannot"—after we were paid and left the shop I, Brenchley, and others left the shop and went to the Ship public-house—I heard Cecil say to Knight "I have done the job very cleverly in getting the things away"—we afterwards went to the Britannia—I heard Cecil say to Knight" You know what you promised me
for doing it"—Knight said "Yes, I shall have to give you short; I shall either give you 3s. to-night, or 4s. if you wait till Monday morning"—Cecil said" No, I will have the 3s. to-night"—Knight gave him the 3s.—Knight asked the potman to bring the baskets which he left there in the evening—the potman brought them up, and put them on the table in the bar—Cecil took them up and gave them to Knight—Knight asked George Marshall if he would carry them to the station for him, and he would give him something; I cannot say what—Marshall took them—after we got out Cecil said he consigned all these things to a man in Leadenhall Market—I asked him the man's name; he said it was not my business—Cecil went into a clothier's shop—when he came out he said" I will make the governor pay for these clothes next week"—he also said "Though I have been caught having the pheasants I will be as brave as ever next week."
Cross-examined. I had been about eight or nine months in the service—Brenchley is the poulterer—I knew the transaction was not honest—I did not tell my master—we left the Britannia about 11 or 11.15—we were drinking together about half an hour—we stopped at the Britannia about 10 minutes—I do not know that the men buy their poultry cheaper at the shop than the ordinary price.
GEORGE LEPINE . I am a potman at the Britannia—I know Cecil—on 10th December he brought me two baskets and asked me to keep them for him—he came for them in the evening, between 10 and 11 o'clock—he asked me to fetch them upstairs, and I brought them up, and he asked me to put them on the table, and I did.
Cross-examined by Cecil. You brought nothing on 5th December.
WILLIAM TOWSEY (City Detective). I apprehended Knight on Monday, 12th December—I told him who I was, and said "You will be charged by Mr. Wright with the other man, Cecil, with stealing two geese and two pheasants"—he said "I know nothing at all about it, I do not know what you mean"—I took him to the station—he said in answer to the charge that he did not know anything about it—he gave me as his address, 8, Ponford Road, Brixton—I went there, and his wife handed me a goose—I brought it to the station—I took it to the Court on 15th December—that is the goose Mr. Wright identified.
THOMAS ABBOT (City Policeman). I took Cecil into custody—I told him he would be charged with being concerned with Knight in stealing two geese and a brace of pheasants from the prosecutor's premises—he said he knew nothing of it—he gave me a correct address.
KNIGHT —Eighteen Months' Hard Labour.
CECIL— Twelve Months' Hard Labour.
MR. BESLEY Prosecuted; MR. LEVEY Defended.
WILLIAM PAULL . I am employed by Messrs. Cook, Son, and Co., of St. Paul's Churchyard—on Thursday, 24th November, about 4 p. m., the prisoner came to our warehouse to the linen department—that is my department—he said" Will you show me some tablecloths? I want some the same pattern as Mr. Baker, of Princes Risborough, had before"—I showed him some—he said" These are not the same pattern, but
they will do; I will take three of those, "pointing to a particular pattern—I said" Will these go in the regular way?"—he said "No, I want to take them with me" and "I want silks also"—I directed him to the silk department—on 5th Dec., about 11 p. m., I was with Detective Mitchell at a house in Wolverhampton—I saw the prisoner in his mother's presence—I said "Do you remember me?" he said "No"—I said" Where were you the week before last; in London, were not you?" he said "Yes, I was"—I said "Were you in the City?" he said "Yes"—I said "You will remember calling at Cook's;" he said "Yes, I do"—I said "I served you, now perhaps you will remember me;" he said" Yes, I do"—I then asked him to come outside, where Inspector Mitchell was waiting to take him—I received a pattern, which is the same he held in his hand when I served him.
Cross-examined. There are seven salesmen in my department—this was not a particularly busy time when the prisoner called—I took the goods to the waiting-room for delivery—the prisoner was living with his mother, a respectable lady, in a very nice house.
Re-examined. The prisoner distinctly wished me to enter the goods Princes Risborough, and not Bicester—I did not know Mr. Baker, I know the name.
RICHARD GROSS . I am in the service of Messrs. Cook and Son—on 24th November the prisoner came to me and said "I want 36 yards of black silk at 4s. 3d. a yard"—I showed him one, and he said "It is not corded enongh; my governor is very particular, and unless I have just what he instructed me, I shall be dropped on;" he then said "It is for Mr. Baker, of Bicester"—he selected 36 yards of black silk at 4s. 3d. a yard—the goods were sent down to the entering room—he said the goods must be entered to Baker, of Princes Risborough, as Mr. Baker has two businesses and separate accounts are kept.
Cross-examined. He came, I think, soon after 4 p. m.—he made so many remarks about it that it impressed my mind—he was talking to me seven or eight minutes—I recognised the name Baker—I do not know him personally.
Re-examined. He mentioned no other name than Baker.
JOHN BABBAGE . I am employed by Messrs. Cook—on 24th November the prisoner came to me about 5.10 p. m.—I manage the waiting depart-ment—customers who want to take away goods come to me for them—the prisoner said, "I have bought silks and linens for Mr. John Baker, at Princes Risborough, and I wish to take them with me"—as soon as the goods came to me I saw that they were entered and packed, and I wrote the name of John Baker, Princes Risborough, in our signature book—this is the book (produced)—I saw the prisoner sign "A. Thomas," as it is there—I said," Will you sign this book and give me your order?"—he said, "I have no order signed by Mr. Baker, but I can show you quite sufficient to convince you that I come from there"—he then pro-duced this pocket-book, which contained sundry entries of goods, a pattern for black and white check flannel, and a slip of paper—he also said," I have been at Spencer, Turner, and Co.'s the whole of the day buying goods for Mr. Baker, but those goods they were unable to do, and I have had to come here for them"—I then said," I am not satisfied with this; I am afraid I shall not be able to let you take them, shall I send them, by passenger train?"—he said," That will not do at all, the
goods are particularly wanted for the morning, and unless I take them with me I shall never hear the last of it, as Mr. Baker is a most particular man"—I said, "The only thing I can do is to take you to one of our managers, will you come?"—he said, "Certainly, but look sharp about it, as I have to catch the 5.50 train from Paddington"—I went with him to Mr. Wall, and repeated in the prisoner's presence to Mr. Wall what had passed.
Cross-examined. There are 32 departments—I am usually busy—I was talking with the defendant about a quarter of an hour—I cannot say I had no intention of giving up the goods—I rather had the intention at first, the prisoner seemed so plausible—I know Mr. Baker as a customer only—I took particular notice of the prisoner because when I go before the manager I have to be careful what I say, and in this case I did pay particular attention—I was with the manager about five or six minutes—I can pledge myself that what I have given of the conversation conveys the exact meaning.
JOHN WALL . I am the country manager of Messrs. Cook and Son—Mr. Babbage came to me with the prisoner, and said in his presence, "I have some doubts as to the statements of this person as to his represent-ing Mr. Baker"—I said to the prisoner, "You tell us you are a buyer for Mr. Baker, of Princes Risborough; what authority have you? have you any order?"—he said, "I have no order, but I have a pocket-book," which he took out, or probably held in his hand, in which he showed some endorsed memorandums to me which I did not read, and he added, "I have been during the day buying goods in the West End"—I said, "What house?"—he said, "Spencer, Turner, and Co."—I then said, "That is not quite sufficient, we shall require an order from Mr. Baker before I can allow you to have the goods," offering at the same time to send them by special train," and they shall arrive there as soon as you pos-sibly can"—he made some objection about the irregularities of the train, and the uncertainty of the delivery would probably get him into some trouble—this weakened my confidence in him—I said, "I cannot let you have the goods," and I believe he said, "I shall go to the Fore Street Company," or some other place.
Cross-examined. The amount of the order was 9l. 14s. 3d.—I mean that I said "I shall send them specially," not by "special train"—I know Mr. Baker as a customer—we have a great many customers, it is impossible to know them personally.
JOHN BAKER . I am a draper at Bicester and Princes Risborough—I have been in business 26 years—I know the prisoner as Charles Bones—I never knew him as A. Thomas—he was in my employment for two months, I think from 6th September—he left on 1st November at my request, with a fortnight's notice—he was a clerk, and occasionally assisted behind the counter at Bicester—I never sent him to London, nor authorised him to buy goods—he had no authority to go to Cook's and say he wanted goods for me—the signature in this book is his writing.
Cross-examined. My private residence is at Princes Risborough, 22 miles from Bicester—I frequently went to Bicester—the prisoner had charge of all finance during my absence—he had a senior above him—I come to London to purchase goods—I had a partner 12 months ago; since then I have always bought everything—I have no buyer—I have no agent in London.
Re-examined. I parted with the prisoner because I thought him ineffi-cient—I told him so—since he left my service he had no authority to represent me in any way.
JOHN MITCHELL (Detective Sergeant). I was informed of this attempted fraud the latter end of November, and on 29th I went to 29, Percy Street, Tottenham Court Road—I received a pocket-book and a piece of flannel—I made further inquiries, which led me to go to Wolverhampton on 5th December, after obtaining a warrant at the Mansion House in the name of "A. Thomas," which he signed in this book—Mr. Paull saw the prisoner first—when I saw him I said "I am a detective officer from London, I hold a warrant for your arrest for attempting to obtain goods from Messrs. Cook's;" he said "I did go to Cook's"—I said "When did you go?" he said "That I shall decline to say"—he was brought to London—I showed the pattern to Mr. Paull when Mr. Babbage was present.
MR. LEVEY contended that all the ingredients of the offence were not proved, as there was no evidence that the mind of the person upon whom the attempt was made was operated upon. The COURT held that the intention of the prisoner was evidenced by an overt act, and left the case to the Jury.
GUILTY **.— Twelve Months' Imprisonment without Hard Labour.
For case tried in Old Court, Thursday, see "Surrey Cases. "
NEW COURT.—Thursday, January 12 th, 1882.
Before Mr. Recorder.
MR. HEWICK Prosecuted.
MARGARET SULLIVAN . I am the wife of Jeremiah Sullivan, 19, Flower and Dean Street, Spitalfields—on 9th November, about 2 a. m., I was returning from Kentish Town, and the prisoners came against me in the City Road—Smith said "What have you got in your pocket?"—he took my handkerchief out of my pocket and put it into his pocket—I had no money—he took me across the road, pushed me down, kicked me after I was down, and gave me a severe bruise—Flynn was standing alongside of him; he was not so bad as Smith, but he caught hold of my legs while Smith was beating me, and turned my clothes over my shoulders—they then ran away—this (produced) is my handkerchief.
Cross-examined by Smith. I did not say that you could come with me for 1s., nor did you give me 1s. for going round a corner with you—I did not drop my handkerchief while struggling with you for the shilling—I am not a prostitute.
Cross-examined by Flynn, I did not ask you how much money you had got.
WILLIAM OXLEY (Policeman G 67). I was on duty in the City Road about; 2 a. m., and heard cries of" Murder!" and "Police!"—I went in that direction, and when within 50 yards I saw the two prisoners leave the prosecutrix, who was lying on the ground, and go towards the Angel—I went to her, and then got up behind a Hansoms cab, and followed the prisoners about 150 yards, and never lost sight of them—I took Flynn, and another constable took Smith—the prosecutrix identified
them, and charged them with stealing her handkerchief—the other police-man look it out of Smith's pocket, who owned that he did it in a lark—he told the Magistrate that he paid her 1s. for a purpose, which she denied.
GEORGE FINCH (Policeman G 287). On 29th November, about 2 a. m., I heard screams of "Murder," and saw the prisoners coming along—I stood back in a garden till they were nearly opposite me, and Oxley jumped off a cab and pursued Flynn—I took Smith, and took him back to the prosecutrix—the handkerchief was found in his pocket, which she identified—Smith then said "Perhaps it is hers"—she had passed me about five minutes before, and wished me good night—Smith said that what they had done was only for a lark—I find that the prosecutrix is a respectable woman, although she was out so late.
Smith, in his defence, said that the prosecutrix dropped the handkerchief in struggling with him for a shilling.
GUILTY .— Six Months' Hard Labour each.
GREEN PLEADED GUILTY .
MR. POLAND Prosecuted; and MR. GEOGHEGAN defended Hawkins.
EDWIN GREEN (The Prisoner). I have been 15 years in the public service—I am 30 years old—I have been for nine years in the Ordnance Map Depot, St. Martin's Place—Hawkins was cashier there; he was my superior; he has been there the same time—I have pleaded guilty to this charge—about April last he said that he was 10s. deficient in his cashbox, and asked me to make it up by altering sale papers from gross to net, to make it appear that the sale was to the trade with discount, instead of a sale to the public—I consented—we were on friendly terms in the office—this was the first time anything irregular occurred—in July he had lent mo 2l. 5s., and I paid him 1l. or 1l. 5s. on account; it was arranged that I should make the balance up in the same way as the 10s.—I did so, and he got his balance—in September and October I continued to do the same thing, and the balance was divided between us equally, 1 making the sale notes net instead of gross—this sale note of 18th October (D 390) is my writing, it purports to be a sale to Simpkin and Co. of 12 maps, 1l. 8s. 6d., discount 7s. 1 1/2 d., making the money to account for 1l. 1s. 4 1/2 d.—this receipt is signed by Hawkins, "15th October, Messrs. Maud, Solicitors, 12 maps, 1l. 8s. 6d. received"—a sale note was made out on the 15th, which I after-wards destroyed, and made out this fictitious one of the 18th; that was done with Hawkins's knowledge—the signature is his and the body of it mine—the transaction is entered in the cheque book in my writing on the 18th as a sale to Simpkin and Co., at the discount price, 1l. 1s. 4 1/2 d.—a register was kept by Hawkins—the number on the sale note is 390, and in the register 390 is entered as a sale to Simpkin's by Hawkins—that would show that these maps had been sold to the trade—it ought to have been entered with the word "gross"—in Hawkins's cash book it is
entered, "Simpkin, 390, 1l. 1s. 4 1/2 d.—Hawkins and I divided the balance, 7s. 11/2., between us—Simpkin means the well-known firm of Simpkin and Marshall, who are in the habit of buying maps—this sale note, B 470, is in my writing. (Dated 20 th October, for 14 maps to Barwise, 1l. 18s. less 9s. 6d. discount, 1l. 8s. 6d.) I find in the register against the No. 470 "Barwise" in Hawkins's writing—no entry was made at first; there is some pencil under the word "Barwise" which appears to be the word" gross—I did not put my initials to it, but Hawkins put this "E. G." to show that it was a sale by me—this 1l. 8s. 6d. in the cash book is in Hawkins's writing—I remember receiving the whole 1l. 18s. on that day and handing it over directly to Hawkins, and the 9s. 6d. was divided between us—No. 487 C relates to the sale of 17 maps for 3l. 2s. by me to Simpkin's, discount 15s. 6d., making 2l. 16s. 6d.—this "Simpkin's" in the register against No. 487 is Hawkins's writing, and my initials are put against it—the sale note has Hawkins's initials, im-plying that it was compared with the order—this entry in the cash book, on 20th October, "No. 487, 2l. 16s. 6d.," is in Hawkins's writing—the balance, 15s. 6d., was divided between us—those are three instances out of a number—when Mr. Goodwin discovered the matter I wrote out a full statement—I desired to plead guilty at the police-court—I have done so here to day.
Cross-examined. I live at 41, St. Thomas Road, Brixton; I was living at No. 15 at this time—I went out of town on 22nd December till the 24th, when I was taken in custody—I had made a verbal statement to the Treasury on the 21st, and on 28th October a written one—there are fire or six salesmen in the office—Mr. Goodwin is the manager, and there was a young man who did not attend to the public—I knew Hawkins sixteen years ago at Southampton, and was always on intimate terms with him—he proposed these frauds, and I assented at once—I made no remonstrance—I got nothing for it in the first instance—I got about 6l. of the public money—I have borrowed money of Hawkins for some years past, as I have been in money difficulties some years—in 1878 I was secretary to the church choir at Battersea, and had the keeping of the money—I embezzled it, and had to pay it—I know Bacon—I did not borrow money from him—he came to the office two years ago, and said that he came from my cousin whose bill he held—my salary was 2l. a week—I am just married—I have no family—there was an I. O. U. of mine in the possession of another person—I could not live on 2l. a week because I used to get in company, not particularly bad company, but not good—I was keeping that company at the time I was secretary to the choir—Newnham was a salesman under Hawkins—it is not out of friendship for Hawkins that I have made this confession to day—I thought it was the only way to make amends to my employers—I did not do it to mitigate my punishment—I said in my confession to the Treasury that I did it to make amends and to mitigate my punishment; I have now given up all hope of my punishment being mitigated, and it is simply to make amends—there is only one file for the six salesmen, and it often happens that sale notes are filed so quick that Hawkins had not time to enter them separately—he had to give change, and for the amount he had to depend upon what I put on the ticket—he had six or seven books to keep; he lent money to several persons in the office; that was money taken during the day—I suppose that was a breach of
trust—he would make a note of it and put it in the cashbox—he lent money to three persons in the same department, including myself.
Re-examined. He lent the public money to three other clerks under him—when the discovery took place I wrote first on 24th October, and I wrote out a full statement on the 28th, and on 5th November I made this list of the 6l.—this was done at the office on the Saturday afternoon—Hawkins was there at the same table with me—he had already prepared a list, which was in his writing—we agreed as to the amount, 5l. 18s. 6 1/2 d., which was divided between us—I was suspended on 26th October—when I heard that a warrant was out I went to Portsmouth to consult my friends, and then went to Scotland Yard and gave myself up—Hawkins had been taken two days before.
—GOODWIN. I am manager of the sale depot, St. Martin's Place—Hawkins was next in position to me as chief clerk and cashier—my attention was called in October to some irregularity—I remember 1l. 18s. being received from Barwise by Green across the counter—that was the full price for an ordinary customer—Green passed it to Hawkins, who was sitting behind him—as it was not from the trade Hawkins would have to enter the whole amount—I looked in the cash book the same day, and found only 1l. 8s. 6d. accounted for—when I looked in the register the word "gross" was against it in pencil in Hawkins's writing, over it "Barwise" is now written—if it was a sale in gross, the word gross ought to be entered—the sale to Maud would be at the full price, and the full price ought to be accounted for—I communicated with Colonel Scott, the executive officer—the money is paid to the Paymaster-General every day—Green came to me afterwards and made a statement—he afterwards wrote a letter, and on 28th October he made this full statement—on October 29th Hawkins's wife brought me this statement in his writing—Colonel Scott had suspended them both on the 26th. (Read: "I consider it my duty to you, I am extremely sorry for the breach of trust. I considered it my duty to assist Mr. Green, who was so involved in debt. ") On 4th November Hawkins came to the office to have access to the books and papers—I had written this letter to him at the request of my superior officer. (This stated: "I am desired by the E. O. to inform you that the course of action taken by the Treasury will depend to some extent upon your making voluntarily a full statement of all the case, &c. If you will call on me to-morrow I shall be glad to see you. ") He came, and I arranged for him to come to the office on Saturday after business hours, and go through the books—Green came there, and they were within a few yards of each other at the table for some hours—Hawkins then wrote this letter of 5th November and this list, and gave them to me. (Upon MR. GEOGHEGAN objecting to this evidence, MR. POLAND did not carry it further, although the COURT considered it admissible.) In March last year I said to Hawkins it would not be a difficult thing to make a sale at the full price and to enter it in the books at the net price—he said that it would not be difficult if two of them were concerned in it.
Cross-examined. Hawkins made statements from time to time that the staff was not sufficient, and that he had quite as much work as he could do—he was asked to sign papers referring to the sale of maps, saying that the supply was equal to the demand, but he did not say that it would be his death-warrant to sign sale notes referring to maps which he had never seen—I have said "Hawkins complained to me that he had
been several times compelled to initial vouchers for maps he had never seen"—he first complained of that three months ago, and on one occasion he said that initialling those papers without seeing the maps was signing his death-warrant—I thought he meant that as a joke—he had to post up his books from the papers on the file; that is the only way he could know the amount—if you look at the paper you will see "Supply compared with order"—Hawkins was not supposed to carry in his head the price of particular maps; it is mentioned on the majority of the maps, but not on all—fifty or sixty do not remain on the file before he posts them, but they do accumulate; a rush sometimes comes all at once, but not frequently—I have sometimes taken his place, and found that they came in so fast that I could not post them; the average number of customers is from thirty to fifty a day—I have no knowledge of Hawkins saying "I have been to blame for not looking after the clerks"—he would be to blame if he lent the public money to his brother clerks; I have heard that he did do—I have seen pieces of paper in his cashbox representing money advanced to the clerks—I should not sanction such a practice if I knew it; I should report it to my superior officer at once—Green made a confession to me on 16th October, and I telegraphed to Colonel Scott, who came to London next day—I had no instructions that Hawkins should be given in custody, and I cannot account for two months elapsing—Colonel Scott told me to inquire whether the money could be refunded by Green—the time which elapsed between a clerk giving in the sale paper, and handing over the money would depend upon the nature of the sale; another paper might be given in the interval—Hawkins had also to keep a demand book and an abstract of sales, and to fill up a considerable number of forms of various kinds—he had not to carry anything in his head.
Re-examined. I once had more work in the office than they could do properly, and I have continually applied to be allowed to have more men—the hours are from 9 to 5.30.
JOHN NEWNHAM . I am one of the salesmen in this office—I remember the sale to Barwise, No. 470, 1l. 8s. 6d., on 20th October; Mr. Goodwin drew my attention to it, and we looked at the register to see how it had been entered; I saw the word "gross" written against it in pencil in Hawkins's writing, and on the next day I believe I looked again, and found the pencil had been rubbed out and "Barwise" written in ink as it now appears in Hawkins's writing—I can trace the pencil now.
—MOULE. I am clerk to J. and M. Moule—on 15th October I purchased some maps of Yorkshire and Lancashire at the Ordnance Map Depot, St. Martin's Place—I paid two sovereigns, I think to Green, and received 11s. 6d. change, so that I paid 1l. 8s. 6d.—I had to ask for a receipt; he then handed the money to a man sitting at a table, who handed out the change, which was given to me with this receipt—I did not see who wrote it.
Cross-examined. I asked for a dozen maps, and I showed the receipt to the Treasury solicitor.
THOMAS BRYANT . I am manager to W. Barwise and Co., of 15, Gresham Street, City—we have been in the habit of purchasing maps at the Ordnance Map Depot, but we bought none in October—our firm is the only one of that name in the trade.
AUGUSTUS FREDERICK MILES . I am a clerk to Simpkin, Marshall, and Co., of Stationers' Hall Court—we have been in the habit of buying maps at the Ordnance Office, and getting the trade discount—I have examined our books as to the purchase of maps amounting to 2l. 6s. 6d., and find no such purchase.
COLONEL ALEXANDER DE COURCY SCOTT . I have the general super-intendence of the Ordnance Map Depot—I live at Southampton; the main office is there—in consequence of a communication from Mr. Good-win I came to town and went to the office towards the end of October, but did not see Hawkins till a day or two afterwards—I then told him that the evidence which had come before me was sufficient to justify me in suspending him, and that he was suspended, and that I regretted that it had occurred, and I explained the evidence to him—I had seen Green first, and told him in Hawkins's presence that I had evidence that sale papers had been altered, and sales had been effected at gross prices which had been entered in the accounts at net prices—I do not think Hawkins said anything to that—I suspended him, and he wrote a letter on 29th October, which was sent to me, and I directed a letter to be written on 4th November—I subsequently reported the matter to the Director of Survey, who sent it on to the Treasury—I had no power to order a prosecution, but the Treasury did so early in December.
Cross-examined. I think Mr. Goodwin had complained as to his own work, but not that the office was undermanned—I was ready to listen to Hawkins; he might have explained at the time—suspension is merely a step which prevents a man you cannot trust, going on with his work; it does not pass judgment upon him—I should not consider myself justified in asking a man who had taken the public money to refund it; I did not ask Mr. Goodwin to make proposals that Green should refund the money—if Goodwin had told me that the cashier was lending the public money to his fellow-clerks I should have suspended the cashier, as it was a breach of trust.
GEORGE ROBSON (Policeman). On 22nd December I went to Haw-kins with a warrant for his arrest, which I read to him—he said, "I am surprised at this after the lapse of time; I deny all"—that was all I ha I read in the warrant.
Hawkins received a good character.
GUILTY .— Two Months' Hard Labour each.
MR. HURRELL Prosecuted.
JAMES GIBBONS . I am a cattle dealer, and came from Leicester on Wednesday night, 28th December, in order to look after some cattle—I went to the Cattle Docks at Kentish Town at about 9 o'clock—I went in and sat down in the place where the drovers generally wait between 12 and 1 o'clock—there were eight or nine men sitting there as well, and I saw the three prisoners—Carter asked me to buy a stick for 1s.—I told him I did not want to buy any sticks, as I could get plenty in my own country—he then asked if I was going to stand some beer, and finding I did not do so he collared hold of me and took 15s. 8d. out of my waistcoat pocket—as soon as he got the money he started punching me in the
chest and also in the face, and kicked me on the head—he snatched some money out of my hand and immediately ran away—the other prisoners stayed in the shed—I laid there for some time exhausted from loss of blood, and when I came to, Taylor was rubbing the blood off my face with a red pocket-handkerchief—I asked Carter to let me go out and see a doctor, but he refused, and closed the door against me, so that I could not get out—I wanted to send for a policeman, but I was kept in the shed for the space of an hour or more—Peterkin and Taylor were sitting in the place at the time—afterwards they let me go out—I was very weak from loss of blood, and tumbled down; Taylor followed me out and picked me up, and put me up against the wall—one of the foremen of the Cattle Dock came to me and showed me the road across to the police-station—I went there, and subsequently gave a description of the men—I then went to the hospital and had my wounds dressed—I am quite sure that Carter was the man who did the injury, and that Taylor and Peterkin were the other two—about an hour after the occurrence I saw Taylor and Peterkin—Carter came into the shed, when they were given into custody.
WILLIAM HUNT (Policeman Y 498). On 29th December, about 2.30 a. m., the prosecutor came to me with his face and head covered with blood—he seemed very weak, and made a complaint—I went with him to a shed on the Midland Railway, and found Peterkin, Taylor, and three others sitting there; he pointed to Peterkin and said "That is the one"—I took him in custody—on the way to the station he said "It was not me that done it, it was Hoggett," meaning Carter," I saw him take the money, and Taylor was there as well as me"—I afterwards went back to the shed and asked Taylor and two others to come to the station, which they did, and the prosecutor identified Taylor as the one who debarred him from coming out.
JAMES MARKWICK . I am a drover, of 156, Waddingten Road—about 12.30 or 12.45 on this night, after I had had my supper, I went to the shed—a man rushed out and two or three more followed him—the prosecutor was lying there in a pool of blood—Peterkin and Taylor and another man were there—that is all I know.
GEORGE FURTON (Policeman Y 221). I received description of Carter, found him, and took him to the station—he said nothing—I afterwards took the prosecutor to the station—he was suffering from a broken nose and a scalp wound over his eyebrow; he was faint from loss of blood—the surgeon sent me with him to the hospital.
The Prisoners' Statements before the Magistrate. Carter says:" I am innocent of the affair. "Peterkin says:" I am innocent, though I saw it done. "Taylor says:" Kelly held the door. "
Taylor's Defence. I came in and saw Carter rush out, and saw him give the prosecutor the last blow, and I picked the man up and helped to wash his face.
Peterkin and Taylor received good characters.
GUILTY —CARTER. **— Eighteen Months' Hard Labour. PETERKIN.— Six Months' Hard Labour.
TAYLOR.— Three Months' Hard Labour.
THIRD COURT.—Thursday, January 12th, 1882.
Before Mr. Common Serjeant.
MR. GREENFIELD Prosecuted; MR. HORACE AVORY Defended.
GEORGINA ROMAIN . I live at 26, Warburton Road, Hackney—I am married and am the aunt of the prisoner—I was present at St. Peter's Church, Croydon, on 31st March, 1873, when he was married to Matilda McKinney in the name of Legassicke—I saw the wife five weeks ago when the prisoner was taken—that is the first I have seen of her for seven or eight years since her marriage.
Cross-examined. They lived some time with me after the marriage—the woman had an illegitimate child four or five years old—the prisoner kept it—they were only together a few months—Legassicke was the prisoner's father's name—he was not born in wedlock—Romain is the mother's name.
Cross-examined. He is a boot riveter—he worked at Northampton when I married him—I was living with my brother—I have no children by him—I gave him into custody five weeks ago—we had been living apart some time—I have been living with a friend of mine and my mother since—the friend is a man; I have lived with him two months—I have been separated from the prisoner eighteen months, but he has been with me since on and off—I was not aware he was married when I married him—he said his wife was dead, not "I believe my wife is dead. "
Cross-examined. The prosecutrix met him in the street and gave him into custody—I had no warrant—I am on duty in the neighbourhood of Shoreditch—I never saw Lucy Barnes before—I found the first wife at Ashton's, in Kennington Lane—she was living at Walton Street, Chelsea—she chars and goes out washing.
The Prisoner's Statement before the Magistrate. "Legassicke was my father's name, and when I found that I was not born in wedlock I was told I ought to go by my mother's name, Romain, so I was married the second time in that name."
GUILTY.—Recommended to mercy. — Four Days' Imprisonment.
MR. RIBTON Prosecuted.
WALTER EVANS . I am a groom, and live at 11, North Row, Grosvenor Square—on 18th December I was returning home about 12 o'clock, going along Paradise Street, Marylebone, when the prisoners and another man came behind me and tripped me up—the other man held me on the ground—Roach put his hand over my mouth—the third man took all I had—I had a silver watch and chain, two sovereigns, and 10s. or 11s. in silver in a purse in my right-hand trousers pocket—the prisoners said to the other man "Be off"—I had broken the link of the chain and tied some cotton to hold it, and it broke—the other man ran away—the prisoners struck me and tried to get away—I ran a few yards and caught hold of them, and called out "Police!" as loud as I could—a policeman came up and I told him my story, and gave them into custody, and they were taken to the station—I had seen them before—they never got out of my sight—I was sober—it is not true that they saw me with three other men.
Cross-examined by Dwyer. I was not talking to James Coombs or James Townsend—I had had one glass of beer at 8 o'clock and one between 10 and 11 o'clock—I had not been drinking with you, nor with Coombs and Townsend—the constable locked me up on the following night, Sunday, and I was charged with being drunk—I went to a public-house, and we talked about my being robbed, and one and another said" Have a glass," and I had a glass—one is all I recollect having.
Cross-examined by Roach. I was not with three men on the Saturday night as you went to have ginger beer.
Re-examined. I was given in charge outside the public-house between 10 and 11 o'clock on Sunday evening—I was dismissed the next morn-ing—I was not fined.
GEORGE SMITH . I am a clerk, of 23, North Street, Manchester Square—on Saturday night, the 18th, after 12 o'clock, I was in Paradise Street—I heard a scuffle—I saw three men hustling the prosecutor—the prisoners are two—they had hold of the prosecutor's shoulders, and appeared to strike his head up against a lamp-post—he fell on his back—he called out "Police!" and the third man held his hand over his mouth and the prisoners rifled his pockets—I saw the third man run away—the prisoners told him to be off—the prosecutor got up—the police came—the prosecutor held the prisoners—I did not assist—I have lost the use of my left hand—the prisoners were given into custody—the prosecutor said he had been robbed when he got up—I went to the police-court.
ROBERT PEARCE (Policeman D 65). I was in Grafton Court, and heard cries of "Police!"—I went to the spot—I saw the prosecutor holding the prisoners, one in each hand—Roach struck him in the chest with his right hand, and knocked him down—I seized Roach by the collar and Dwyer by the wrist—I gave Roach to another constable, and kept hold of Dwyer—the prosecutor raised himself from the ground and said "These men have got my watch"—I did not see the third man—I went to the place afterwards and found the bar of the watch—the prosecutor identified it—he was sober.
ALFRED HIGGINS (Policeman D 82). I was with the last witness on this night, and heard cries of "Police!"—I saw the prosecutor holding the prisoners, one in each hand—the last witness had both when I got
up—he took Roach and I look Dwyer to the station—the prosecutor did not appear intoxicated—on the way to the station Roach said "We got his b—watch? Sack Coombs has got that"—they were searched—Roach had a key and the other one a penny in his pocket—Sack is a nick-name—Roach did not mention Townsend.
The Prisoners' Statements before the Magistrate. Dwyer: "About half-past 12 o'clock on Saturday night I was with Roach in North Street. The prosecutor was there, talking to three chaps. Townsend is one and James Coombs the other. There was a third one. Roach and I were going up Grafton Court when the prosecutor caught hold of me and said he had lost his watch. I pushed him away, and he fell down. I told him I had not got his watch. He screamed 'Police!' and the police came and took me. I asked him to take me to Marylebone Lane and have me searched. He held me there till the police came. The prosecutor was drunk at the time. He told the inspector at the station that he had lost his watch, but he could not swear that we had it. "Roach said: "About half-past 12 o'clock on Saturday night we went into Mrs. Smith's shop for some ginger beer, and the prosecutor as soon as we came out was standing at the corner with three men, Townsend, Coombs, and a third one. He caught hold of Dwyer and said he had his watch. Dwyer said 'If I have got your watch have me locked up and searched.' He kept pulling Dwyer about, and I told him he had made a mistake. I said 'If you have lost your watch the men who were with you must know something about it.' We never moved from the spot till the policeman came up, and then we went to the station and were searched, and nothing was found on us."
Dwyer, in defence, added that the prosecutor was "running about like wild" as they were passing, and called police and gave them in charge, and that at the police-station the prosecutor said they had the watch, but when they were searched he said there was a third man in it. Roach said:" I have the same to say, I was with him all the time."
GUILTY .**— Five Years Penal Servitude each, and to receive 20 strokes with the cat.
MR. DE MICHELE Prosecuted.
ANN SIMMONS . I am in the service of Mr. Edward Bates, provision dealer, and I live at 35, Nottingham Street, Bethnal Green—on Sunday morning, 10th December, about 12.30, I locked up the shop at No. 232, Hackney Road—the premises are locked and harred from the rest of the house—the prisoner had come; into the shop on the Saturday about 11.30 p.m., and asked if I sold pork pies—when I went to the shop on Monday morning I found three firkins of butterine gone—that was between 7.33 and 8.0 a.m.
Cross-examined. I had no clock, but the public-house next door shut up at 12—there is a clock there, but it is sometimes a quarter of an hour fast.
EDWARD BATES . I live at 35, Nottingham Street, Bethnal Green—I am a provision dealer—I was called to my shop, 232, Hackney Road, on Sunday morning, 11th December, between 9 and 10—I found the place in possession of the police—I missed four firkins of butterine which had
been consigned from Holland—the initials "E.J.B." were on them—my proper initials are "E.G.B."—I found the door had been forced open—the access to the rest of the house was screwed and bolted up, no one could get into the shop from the house—those screws and bolts had not been interfered with—I afterwards identified the butterine in the hands of the police with the initials "E.J.B." on them.
WILLIAM AITCHISON (Policeman H 100). About 12.15 on Sunday morning, 11th December, I was on duty in Ravenscroft Street, Hackney Road—I saw the prisoner and two men, each having a firkin on his shoulder—I stood back in a doorway and let them partly pass—the prisoner being last I caught hold of the collar of his coat—he threw down the firkin and shouted "Look out"—I was in uniform—the others ran away—the prisoner put his foot before me and tried to trip me up—I said, "If you do so again I shall use my truncheon"—I said, "How have you come in possession of this butter?"—he made no reply—I took him to the station—this happened about 200 yards from the shop—I knew nothing about the burglary then.
JOHN HARRISON (Policeman H 54). I took possession of these premises at 6 o'clock on Sunday morning—I found the front door open with another constable, and so remained there the remainder of the night—I examined the bolts and screws which fastened up the other part of the house, and found them all correct—the house must have been broken into by a tremendous push at the street door—it forced the screws off the lock—the house is about three doors from the corner.
The Prisoner's Statement before the Magistrate. "About 12.15 I was going home and met two bricklayers, and they asked me to carry one of these tubs for them. I carried it, and the policeman laid hold of me. I wanted to tell him if the policeman had let me, but he threatened me with his staff if I did not hold my jaw."
The Prisoner's Defence. If I was given into custody at a quarter past twelve o'clock how could I be guilty of burglary when the lady says the shop was shut up at half-past twelve o'clock?
GUILTY** of receiving. He also PLEADED GUILTY to a conviction in April, 1880.— Two Years' Hard Labour.
MR. ROBERTSON Prosecuted; MR. ROMIEU Defended, at the request of the COURT.
AUGUSTE CARLSON (Interpreted). I am a Norwegian, and do not understand English—I am a sailor—on 22nd December I left my ship about 6 p.m.—it was in the river—I went up Ratcliff Highway to find a boarding-house—I then went out with the chief mate for a walk about 7 o'clock—we went into a dancing-room—we went out shortly after, and went into another dancing-room—we had a glass of hot rum, or toddy, and a glass of ale in the first dancing-room, and two glasses of ale in the second—we were in the second about a quarter of an hour—we then went into a public-house—we had a glass of rum each—I felt rather giddy and overcome, and left the mate in the dance-house and walked along the street for fresh air—I rejoined the mate, and was with him after about an hour and a half—a young woman came up and spoke to me in the Ratcliff Highway, St. George's Street, about 9 p.m.—we went to a house in a dark street, not a public house—I saw the prisoner when
we entered a second room—the other woman asked me for drink—I gave her half a crown—she gave it to the prisoner to go for drink—when she returned I asked the prisoner for the change—she said she had spent all the money in drink—she brought some rum in a bottle, I can't say how much—I was three parts drunk—all three drank together—the other woman asked for more money to go for more drink—I said, "You have got quite enough to-night, and I shan't give you any more"—we were drinking about three-quarters of an hour—the other woman put her hand into my right-hand trousers pocket, and tried to get some money—she was sitting the same side of me as the pocket—I caught hold of the pocket—the prisoner held me—she was on the other side of the table, about two steps off; but she ran round the table, flew at me, held me by the coat, and scratched my face—while she was struggling with me I received a cut on the back of my right hand with a knife—I was grasping the pocket at the same time—the other woman dragged the pocket out—I cannot say who inflicted the wound—I saw a long knife, I cannot say which woman had it—I lost no money—I had 7s. and some odd pence in my pocket—it remained in the pocket—I got frightened, halloed out, struck the prisoner with my fist in the eye, and ran out—I did use a knife—I made an attempt at the prisoner—when I got outside I halloed out for help—a man took hold of me, and I was taken by a policeman to the station—I was charged, I don't know what with—I was in jail till next morning—I was brought before the Magistrate—I gave evidence against the prisoner—I was discharged.
Cross-examined. My hand is not quite healed. (It was unbound and shown to the Jury.)
Re-examined. A doctor examined my hand, and has since attended me.
WILLIAM TROUGHTON (Policeman H 353). The prisoner was charged on 23rd December—it was a countercharge by order of the Magistrate—I apprehended her; she said nothing—when the charge was read over to her she said" I never did it in my life"—I took Carlson into custody about 11.15 p.m. on 22nd December in High Street, Shadwell—I know Palmer's Place; it is a turning out of St. George's Street—Carlson was being held by a private individual, and I detained him while another constable found Conelly—she charged Carlson with stabbing her; she had a cut on her shoulder about the width of a finger nail—we found that at the station—the prosecutor was bleeding profusely from the hand in the street—he was drunk—we could not understand him, and had to call in a Norwegian, who explained what he was charged with—he had a cut across the knuckles of the right hand, and another on the side of his hand; his pocket was hanging out, and there was some money in the bottom of it, as it hung by the stuff of the trousers—the Norwegian said Carlson denied stabbing the woman—he also had a scratch on the side of his face—I was unable to find the other woman—the locality is very low and chiefly inhabited by prostitutes—I know the prisoner by sight.
Cross-examined. The prosecutor identified this knife (produced) as his at the station—the other constable picked it up.
JOHN MATHESON (Policeman H 298). On 22nd December I met the prisoner in Palmer's Place, at the bottom of St. George's Street—she appeared to have been drinking—she was bleeding from the shoulder; she took her shawl off, and I could see it—she said she had been stabbed by some man—I picked up this knife in St. George's Street, about 50
yards from the house she complained of being assaulted in—the woman followed me out of the house, and we all four went to the station together—Carlson recognised his knife at the station the same evening—he said "That is my knife; I am sure of that"—I went to 5, Palmer's place, and was ordered out by a prostitute who presumes to be the landlady—the house is a brothel—the prisoner was apprehended the following morning at the police-court.
Cross-examined. The prosecutor was drunk.
The Prisoner's Statement before the Magistrate. " I did not rob him. I did not put my hand nigh him. The sergeant in the Court knows me as a hard-working woman. "
NOT GUILTY .
MR. FOSTER REID Prosecuted; MR. LEVEY Defended. JOHN HOLLIDAY. I am a cabdriver, and live at 7, Cleveland Road, Islington—I was on the rank at Kingsland Green, Hackney, on Thursday, 29th December—I was taking the nosebag off the back of the hansom, about 1.35 a.m., when I was knocked across the kerb; I fell in the gutter—I saw the prisoner run across the road, but did not think he was running after me—another man was with him—I was hit on the back of my head when I fell—I received a blow in the mouth when I was on the ground—the prisoner got on the top of me when I was on my back—I knew him before—I called for help—there were three cabs on the rank—I lost 3s. out of my pocket—I saw the other man when I was down—I do not know what he did—I felt my right-hand trousers pocket being rifled—one of the men was pulled off by my brother—my lip and nose bled, and it went on my scarf—the prisoner was given into custody.
Cross-examined. I am a night cabman—I came out between 8 and 9—I had 8s. 6d. at Shoreditch Church, and I had earned 1s.—I had two half-crowns, three shillings, and 1s. 6d.—I was on the ground about four minutes—I was sober.
Re-examined. I have no doubt it was the prisoner—I feel the pain row—I have not been to a doctor.
WILLIAM HOLLIDAY . I am a cabman—I was on the same stand—I am the prosecutor's brother—I heard a cry for help—I saw the prisoner on the top of my brother and another one run away—I got off my cab and held the prisoner till a policeman came—they were lying on the ground—I saw some blood as if my brother had had a knock on the nose—I don't think it was a great deal, but there was blood on his nose and mouth—the greatest affair was his fall across the kerb—he was sober.
Cross-examined. I know nothing of any quarrel; I had not seen my brother previously that night—there was a quarrel with another man who was pulled out of a cab—my brother was not on the rank then—it had nothing to do with my brother.
Re-examined. I could recognise the man who ran away—I have seen him many times—mine was the last cab—there had been four cabs, one went away.
RICHARD FLETCHER (Policeman N 185). On 29th December, about 1.30 a.m., I was called to the prosecutor—he gave the prisoner in charge—I first saw William Holliday struggling with the prisoner—the prosecutor
was getting up off the ground; he was bleeding from the nose and mouth—he charged the prisoner with assaulting him and attempting to rob him—at that time he did not know he had been robbed—I told the prisoner I should take him to the station—he said, "All right; I am going quietly; I can do six b—months"—the prosecutor examined his pockets after the charge was taken.
Cross-examined. The prisoner was not drunk.
Witness for the Defence.
SAVILLE ALDRIDGE . I am the wife of George Aldridge, a carman, of 16, Gillet Street, Kingsland—on Thursday night, 29th December, between 1 and 1.30, I was at Highgate, and going home in the direction of Kingsland—I remember being near the cab rank at Kingsland Green about 1.30—I saw a row with the prisoner and a cabman—not William Holliday, but the prosecutor—I saw a young man come up and lay hold of the prisoner and try to get him away—he said," Come on away"—the cabman said, "I have got you, and I will make you pay for it"—I saw no scuffle on the ground—the young man got away—the prisoner was caught hold of.
Cross-examined. I had my baby with me—it was six weeks old—I had been to my sister's at Highgate, and had missed the train—I saw no one lying on the ground—I saw a little blood—I saw both cabmen there—the prosecutor was there first—I saw a constable come up just as my baby began to cry, and I went in and undressed it—I did not know the prisoner was locked up till the afternoon—he lived with my neighbour—I have known him over four years—I heard of his being locked up the next afternoon—his mother nursed me in my confinement—he is no relation.
Evidence in reply.
Cross-examined. Mrs. Aldridge said the same at the police-court as she has said now—I knew the other cabman—he is not here.
GUILTY *.— Eighteen Months' Hard Labour.
MR. AUSTIN METCALFE Prosecuted; MR. KEITH FRITH Defended.
GEORGE WILLIAMS. I am a porter, and live at 16, Great Garden Street, Whitechapel—on 6th December, between 8.30 and 9 p.m., I was crossing King William Street from the side of the Fishmongers' Hall—I saw Mr. Gregory half way across the road with my work on his shoulder—I looked to see if anything was coming—when I got about half way across I noticed this cabman coming along from the direction of London Bridge—he was driving very fast—I cannot judge the dis-tance he was when I saw him—I held up my right hand—I could not get back on account of the vehicles behind—he put his whip across the
horse's loins—I made a grasp at the bridle, but missed it—the horse seemed to go a little quicker—I fell forward—I was taken to Guy's Hospital—I was there 9 or 10 days—I do not think I shall ever be the same man again—I am earning nothing.
Cross-examined. My right name is Jordan—Mr. Josephs employs me—my address is 180, Ambrose Street, Whitechapel—I do not know the Three Crowns—I had been at a public-house, but not constantly, for three days—the name of the landlord is Marsh, but I never noticed the sign of the house—I have known the house four years—my master did not fetch me out of the public-house to go to the Borough; it was to go to the Minories—he did not find fault with me, nor say I was so drunk as to be unfit for work—I asked Gregory to carry my parcel—I was perfectly sober—I did not hear any one call out "Hi!"—Gregory said my parcel was no weight, he would carry it—it only had nine coats in it, and I have carried from 25 to 30.
JOSEPH GREGORY . I am a clerk, and live at 16, Garden Street, Whitechapel—I was with the prosecutor on 6th December in King William Street—I crossed the road—I looked to see if he was coming—he asked me to carry his parcel, as he was not well and did not feel capable of carrying it—I am positive he was sober—when I got across the street I heard a shout; I turned round, and saw him on the ground—the cab had pulled up then, about 20 yards off—I cannot say whether the prisoner was sober—Williams was taken to the hospital, and I de-livered the parcel.
Cross-examined. Williams lives in the same house as I do—he is employed at Mr. Joseph's, a wholesale clothier—he had been drinking at the Three Crowns for two or three days before the accident—he goes there every day and every night—I should be surprised if a person using a place for three or four years did not know the sign—he had been on the booze—he told me his master fetched him out of the Three Crowns to go to the Borough, and that his master complained of his being in such a beastly state of drunkenness that he could not work—he had the 1d. slightly—I had no difficulty in crossing—it was his own fault—he told me had been drinking hard—he complained of being sick and giddy all the way—I did not see him run over—it might have been the cabman who called out "Hi"—a quarter of a minute elapsed after the shout before I saw Williams on the ground—if he had crossed with me he would have been all right.
WILLIAM EDWARD COLES (City Policeman 795). I was on duty in King William Street on 6th December, about 8.40 p.m.—I heard a shout—I saw a hansom cab going over a man—I ran and stopped it about 30 yards on—I found the driver hanging on the back of his cab; he had fallen off his seat—he was drunk—another constable took the prisoner to the station—I took the injured man to the hospital—he was not the worse for liquor.
Cross-examined. One of the persons in the cab is here—the prisoner was incapable of driving a cab—it was a slippery night, and cold—I saw him fall off his cab—he was partially strapped on—he was hanging by the strap, and clutching—he could not stand—I did not kiss him, nor smell his breath—he had the appearance of a drunken man.
the accident occurred—I took the prisoner into custody—I am quite sure he was drunk—he was incapable; not fit to drive a horse and cab—he could not walk straight—I led him to the station, and got another man to lead his horse and cab—two persons were in the cab—one was getting out—they were drunk.
Cross-examined. The cabman was not so drunk that he would lay down—it was a frosty night—the asphalte is always greasy—he asked to see a doctor an hour and a half after he was taken—I did not hear him say he had money enough to pay for a doctor—the inspector said he did not think it was necessary.
WILLIAM THOMAS CREW . I was house surgeon at Guy's Hospital on 6th December—I examined Williams—there was a severe bruise in the lower part of the back—he was in the hospital 10 or 11 days—his weak-ness may be owing to his want of food.
Cross-examined. Hard drinking would prolong his present condition.
Witness for the Defence.
THOMAS EVANS , I am a sack and bag commission agent, of 15, King Street, Ford Road—I was in this cab when the accident occurred—I saw the man cross the street with a parcel, and Williams seemed to come from the side right under the cab, and the cabman shouted "Oh, my God"—it was impossible to save Williams—my friend who was in the cab was intoxicated—I went to the station and gave my name and address—the accident could not be avoided—the cabman had nothing to make him drunk—we had a couple of glasses of ale and two small lemons—I had no hesitation in going into the cab, and I would not go with a drunken cabman—he had driven us from Mitcham, eight miles—he was in our company about four hours, except a quarter of an hour when I saw my friend at Mitcham—I saw him take the cloth round his knees when I got out of the cab—he appeared distressed when the man got under the cab—he shouted "Hi."
Cross-examined. I took him to Mitcham—we did not use the rail be-cause we had business on the way—we stopped at one public-house going, and one coming back, besides where we went to—I was not drunk; I had been suffering from sciatica—my friend was getting better—he seemed a little bit on, going down—the horse's legs caught the prosecutor, and threw him under—the cabman pulled up as quick as he could.
NOT GUILTY .
OLD COURT.—Friday, January 13th, 1882.
Before Mr. Justice Stephen.
MESSRS. BESLEY and AUSTIN METCALFE Prosecuted; MR. THORNE COLE with MR. WILLES, appeared for Clarke, and MR. MONTAGU WILLIAMS and MR. HORACE AVORY for Torbock. Wyman was undefended.
CLARKE— GUILTY .— Ten Years' Penal Servitude.
TORBOCK— GUILTY .— Five Years' Penal Servitude.
WYMAN— NOT GUILTY .
MR. ROBERTSON Prosecuted; MR. SAFFORD Defended.
CHARLES FRANKLIN (Policeman S 319). On 13th December, about five to 6 p.m., in consequence of being called by a female, I went to 52, Belsize Road, St. John's Wood—I there saw the prisoner in the first floor front room, smashing the windows with a saucepan—she had a paraffin lamp alight in her left hand—as soon as I went up the front steps I saw the floor on fire, and the door of the front dining-room, which was locked—the bottom part of the drawing-room door was also burnt; it was just getting into a flame, about four inches square of it was burnt, and the floor was burnt through to the rafter—I found this empty paraffin oil bottle lying on its side in the passage about two feet from the door, and there was oil on the floor extending about six inches from where the fire was—it looked as if it had been poured out of the bottle, which was 15 or 16 inches from it—the oil appeared to have run under the door into the room, under some matting—with the assistance of another man I got some water and put the fire out—it was a full blaze—the prisoner was in a very excited state—she was partly dressed—she had no shawl or bonnet on; only a blanket—she said she would wreck the b—house and burn it down, and throw herself from the top—she had placed a pair of steps against the fanlight leading on to the roof—it is a three-story house, with houses adjoining, and a piece of garden in front—there was a crowd of people outside—the gas-pipes were torn down in the back drawing-room, and also downstairs outside the back kitchen door.
Cross-examined. I found that the gas had been cut off from the house a year and a half previously—the prisoner told me she had placed the steps there—I did not find that workmen had been mending the roof—I saw a quantity of mortar and broken chimney pots lying on the roof—the prisoner was taken to the station—before that Mr. Howell was sent for—he came, and found her in the passage—she had no boots or stock-ings on.
HORACE SIDNEY HOWELL . I am a surgeon, of 11, Boundary Road, St. John's Wood—on 13th December, shortly after 6 o'clock, as I was leaving my house, I met a man who asked me to come into Belsize Road—I found a crowd of 200 or 300 people there—I went into the house and saw two policemen and the prisoner—she was seated on the two bottom stairs, wildly excited; her feet were bare and bleeding, cut with pieces of glass—her face was smeared with blood from one of her hands, which was bleeding, and she was covered with soot, which, mixed with the blood, went all over her face—she was only partially dressed, not with ordinary clothing, but with pieces of blanket and an old dress pinned together, and she was screaming and gesticulating and fighting with the policemen, and the instant they let go of her she commenced to destroy the house and break the windows—I spoke to her quietly, and asked her to come into the back dining-room to enable me to attend to the wounds that she had—after a few minutes she quieted down—I had never seen her before—I said "You are very excited, what is the cause?"—she said "You mean am I drunk"—I said" Yes"—she said" I have been drinking, but only sufficient to nerve me for this work"—I said" What are you doing this for?" she said "Because I have been cruelly used"—I said" In what manner?"—she said that her husband had deserted
her some three years previously, that a post-nuptial settlement had been made giving her a life interest in the house, which was then handsomely furnished, by which she considered that her husband intended her to become a prostitute; that she had no intention of doing so, being a virtuous woman, that she had sold her furniture bit by bit until she had come to the last; she then wished to let her house to some one who would give her a twelvemonth's rent in advance, and with that she meant to pay her rent and go to Belgium, where she could earn her living as a governess; that she had found a man to take her house, but her trustees refused him as a tenant and had let the house to a Mr. Roberts; that she only knew that that day; that she had then borrowed half a sovereign and sent a telegram to her trustees asking them how they dared let her house without her consent; that she had received an answer, "to avoid a Chancery suit," and she then determined to wreck the house, and wreck it so completely that, sitting in the kitchen, she should be able to see the sky above her, and having done that she meant to mount on the roof of the house and jump off; and that all she had done was lawful, and no one could take her—I could not leave her with the fixed determination of destroying herself, which I believed she was very likely to carry into effect, so after a long argument she consented to come up to New Street station with me and see the inspector on duty—she was then charged and detained, and I and the inspector returned to the house—during this con-versation she talked perfectly sensibly—my opinion was that she was an angry woman partially excited by drink, but perfectly sane, and knew perfectly well what she was doing—she could distinguish between right and wrong.
Cross-examined. When I first saw her she was under great excitement and screaming—she denied setting fire to the house and said it was an accident.
MR. ROBERTSON stating that he could not carry the case further, the Jury found the prisoner
NOT GUILTY .
NEW COURT.—Friday, January 13 th, 1882.
Before Mr. Recorder.
MR. F.H. LEWIS Prosecuted; MR. MONTAGU WILLIAMS Defended.
HENRY HARBER . I am in partnership with Mr. Vile as jewellers, at 3, Holborn Circus—on 30th September the prisoner, who I did not know, came and presented the card of a friend of ours, saying that he hoped in conformity with that we should allow him to pick out a watch for his boy—we don't sell retail, but we said that in consequence of the recommendation we should not object, and he selected three or four silver watches to take away to show to his wife; he also selected a gold English watch for his wife, value 18l., and a gold watch for himself, value 21l. or 22l.—he has not paid for them—he said that he had realised a good deal of money in various ways, and had just realised an estate and was about settling with his lawyers in Lincoln's Inn, who had sold an estate for him which realised 5,000l. profit, and that he intended to build a house, and asked me to furnish him with the name of an architect—four or five
days after the first interview I was examining a parcel of rose diamonds in his presence, and he said that he had a friend who made much money by selling ornaments, and he thought it would be a good speculation—I told him it would be far better for him to have brilliants—he said I" think my wife wants something new in the way of diamond ornaments, I shall be very glad if you can show me something to-morrow or the day after when I look in again"—I got a pendant; he looked in on 20th October, saw it lying there, and inquired the price—I told him that it cost about 275l., and I would treat him as a friend and let him have it for 300l.—he said "You would not mind my showing it to my wife, and if she decides on it I will bring it back into your custody till my affairs are settled, and then I shall give you the money and you will give me the pendant;" and in a jocular manner he said "I wonder what a pawnbroker would advance on an article of that kind; I should think he was the right person to value the article"—I said "Well, they generally are on the safe side, and they are sure not to value it too high; I don't wish to go on my own judgment, if you have any wish to value it, do so"—he said "Could you indicate me a pawnbroker who understands the value of diamonds?"—I said "Mr. Attenborough, at the comer of Fleet Street"—just before going he said "Really it is too bad, I do not like to do it"—I said "I don't care about the transaction, it is simply to oblige our friend that I allow you to pick out anything; you can do just as you please"—he took it away, and came back in half an hour and said. "Well, I went to Attenborough's, and they could see by my looks that I did not want to pledge it, but only wanted to feel the value, and they declined to tell me unless I paid them 1l. 15s.; but if you will allow me I will take it away and show it to my wife, and bring it back to-morrow"—I was not aware he was a bankrupt—I did not see him again till he was in custody.
Cross-examined. The friend whose card he brought me was Mr. Gamblin—he took away the pendant on 20th October—he said he was selling an estate, out of which he expected to realise 5,000l. profit; not that he was buying an estate to sell it again—I left for the Continent the day after he took the pendant away, and I do not know whether he brought it back to the shop, but Mr. Hall, our clerk, is here—I was away a week or ten days, and when I Came back he was in custody—he had. four of our watches in his possession—he decided to buy three, and returned one; in point of fact, he had goods of mine for the purpose of deciding whether he kept them or not—I had no objection to his taking them to the pawn-brokers for the purpose of valuing them, but I did not suggest it—I did not say that I had often valued things at the pawnbrokers'—I told him I was going to Switzerland—I will not swear that I did not tell him that the thing might remain in abeyance till my return—I returned about 30th October.
HALL. I am manager to the prosecutors—I remember the prisoner calling there from time to time—he told me that he had sold an estate in Scotland—he was always mentioning estates, and he showed me a bundle of what he said were title deeds of estates—I saw him last on I think 26th October—he did not return me the pendant—he called nearly every day, and sometimes twice a day—he said nothing about the pendant on the 26th, but on two occasions he withdrew from his trowsers pocket a silver paper parcel, and said "We have not decided about it yet," and replaced it in his pocket—it looked like the pendant as it was wrapped in
silver paper—this entry in the approbation book is in my writing—it was made at the time, but we do not show our customers our books—it is when translated, "Moore, friend of Gamblin, diamond pendant 300l."—on the afternoon of the 20th I went into the private room with some cheques for Mr. Moore to sign—he had a parcel in his hand, and he said "Then it is an understanding that if we decide to keep it, I bring it back to you to hold till I bring you the money."
Cross-examined. A great many of the entries have the word "Return," and" Appro" is printed on the book itself—jewellers sometimes keep goods for a week or ten days.
THOMAS JAMES WARNER . I am a pawnbroker's assistant in the Strand—this diamond pendant was pledged there on 25th October by Mr. Moore for 100l.—he had been to me with it the week before to ask my opinion whether it was cheap or dear.
Cross-examined. I did not charge a commission, because we have not an appraiser's licence, but Mr. Attenborough has—he would charge about 11/4.
MR. WILLIAMS submitted that there was no larceny, as there was a complete contract of sale, and the prisoner having only pledged the article, it was in his power to redeem it within 12 months and return it. MR. LEWIS contended that the delivery was not a contract of sale, as the prisoner merely obtained the article to show to his wife, promising to return it till he paid for it (see Reg. v. Henderson). The RECORDER overruled the objection; the article only being entrusted to the prisoner to show to his wife, there was no contract of sale, and any dealing with property obtained on such terms was a fraudulent conversion, and declined to reserve the point. GUILTY .— Six Months' Hard Labour.
WHITERUP PLEADED GUILTY .
MR. TICKELL Prosecuted; MR. J. P. GRAIN Defended.
THOMAS COBB . I am an attendant at the London and Provincial Coffee Palace Company, 35, Gray's Inn Road—the house is let to lodgers, and Witherup was one of them—on 5th December, about 9 o'clock, I locked the safe, leaving 87l. 3s. 5d. there, some in bags and some in cash-boxes, and left the office, leaving Kerr, one of the clerks, to lock up—I took the key away with me—I found the safe still locked at 9.30 next morning, and unlocked it with my key—I missed the bags and boxes of money half an hour afterwards, and reported the loss to the manager when he came—I did not know Brown—I was not there with him—Witherup has not been in our employment.
Cross-examined. I have been there since November 1st—in addition to this there was a robbery by Witherup of some new chessmen and boards, new dominoes, and new carving-knives, which were found in his room on the premises—there is a place for drinking coffee, and bedrooms like a common lodging-house—the clerk's office is partitioned off.
JAMES HENRY KERR . I am a clerk to the London and Provincial Coffee Palace Company—on the night of December 5th I left 10 minutes after Mr. Cobb—I locked the office door, and gave the key to the manager
at the bar, Mr. Leggatt—when I went next morning Mr. Cobb was in the office—it was I who discovered that the money was gone.
Cross-examined. I have been about three months in the employment—they could all go down from the sleeping compartment to the office if they thought fit—I know that some chess-boxes, dominoes, and knives were found in Witherup's room—the chess-boxes were taken from the office so far as I know; there were some there—they could not have been taken in the day without being seen—whoever took them must have had a key to get in—more than a month before that 5l. was stolen from a desk in the office—that was after Brown left.
Re-examined. I cannot say whether Brown came to work in the even-ing at that time—the chess-boards may have been taken while Witherup was in the employ of the company for what I know.
Cross-examined. I speak of the outer door into the street; that was bolted inside, and no one could get in from the street with a key, but any person sleeping on the premises could let themselves out at any hour of the night—we have about twenty bedrooms, and several persons slept there that night; all those persons could have gained access to the office—two or three men were with me when I bolted the door, Pavett was one.
WILLIAM TREOPHILUS PATON . I am honorary secretary to this com-pany—Brown came into our service in August, 1880, and left about September last—Witherup came as our bookkeeper about the second week in June, 1880, and left in August—after Brown left he came occa-sionally of an evening to balance the books; he was doing so when I left for Scotland last August, but in that time he was employed by Rickett and Smith—a new lock was put on to the safe by the general manager on June 26th, 1881, and six keys were supplied—on my return from Scot-land our new manager called my attention to one of the keys being missing—Brown was entrusted with a key of the safe while in our service—I heard the conversation between the detective and Witherup.
Cross-examined. Brown received 8l. or 9l. for making up our books; he had 1s. an hour—he would take away a key of the safe in his pocket when he was entirely in our service, but the understanding was that no money was to be left in the safe—he went to a very decent position at Rickett, Smith, and Co.'s;. he is a very able man—I found the chess-boards and things in Witherup's room, and asked him for an explanation; I was with him alone in his bedroom, and he made a statement to me.
JOHN O'CALLAGHAN . On 7th December, at 12 o'clock, I went to Witherup's bedroom at this coffee tavern and charged him; a conversa-tion took place, and on 12th December, at 6 p.m., I went there and saw him again—on the same day I saw Brown at Rickett and Smith's office—I said "l am a police officer, and some money has been taken from a safe in the coffee palace, and I have been told that while you were there one of the keys was missing; can you throw any light on the matter as to whose possession it is in?"—he said "I will tell you all I know; the manager's key was lost, and I advised him to have a new lock put on the safe; the new lock was afterwards put on, but whether five, six, or seven keys were supplied, I can't say; when I left I gave up my key to Abbott, the boy, and afterwards, when I came in the evening, I used to borrow his
key if I wanted to open the safe; I heard that one of the keys was missing, but that was after I left; if there is any other way I can assist you I am willing to do so"—I left him, and after Witherup was arrested I went with him and Sergeant Partridge to Brown's house, and waited till 1.30, when Brown came home—I then knocked at the door; Brown came to the door; he was the worse for drink—we went into the kitchen—Witherup remained outside—I said "You recollect seeing me to-day?" he said "Yes"—I said "Since I saw you to-day I have reason to believe the missing key is in your possession; there is great suspicion attached to you, and in order to clear it away I ask you to allow us to search your premises"—he said "Have you a search-warrant?"—I said "No; but if you are an innocent man you cannot object to our taking that course"—Brown's wife said "Let them search, you have nothing to fear"—he said "Well, you can search"—I went into the next room on the same floor but there was no furniture, only a couple of keys hung up—I went to a bedroom with Brown and his wife; I asked him where his box was; his wife moved a packing-case which was on it, used as a dressing-table, and a little box was taken out—Brown gave me the key of it; I opened it and found in it a small money-box containing 25l. in gold—I said" How do you account for the possession of this money?"—he said" I have saved it"—this memorandum was at the bottom of the box; I asked him whether it referred to the affairs of the Coffee Palace Company; he said" No, my wife sells papers in the streets on Sunday mornings, and that is an account of them"—we went down into the kitchen again, and I said "When did you last see Witherup?" he said "I have not seen him for three weeks"—I said" Witherup says he was here this day week, the night of the robbery, and that you were drinking together"—he said" That is not true"—I said to Partridge" Bring in Witherup"—he did so, and I said to Witherup "I wish you to repeat now what you told Mr. Payton respecting the robbery"—I took out some paper and wrote down his statement—he said" We met here between 8.30 and 9 this day week, and stayed till 10; we went out and had drink at several public-houses, which 1 can show you; we then went to the coffee palace, and entered the front door with the key that I had; it was one o'clock; we opened the office door and the safe with keys that Brown had; we took out 14 bags containing money, two cash-boxes, and then left; we took a cab near Elm Street, and drove to the 'Angel;' walked down City Road, and took another cab, and drove to Old Street, where that cab was discharged; took another cab there, and drove to Dalston Junction, and discharged that cab; we walked to 10, Birkbeck Road, and got there between two and three, but I don't well know the time; we put the cash-boxes on the table, and broke them open with tongs; we counted the money, and I think there was 75l. in gold and silver, I am not certain of the amount; I had 38l. 10s., about 23l. of it in silver, which I changed for gold, and a 5l. note; Brown had about the same amount in gold and silver; I saw Brown last Wednesday at Rickett and Smith's office; I told him the Inspector had searched my room, and to destroy whatever clue he had,"—Brown then said" Yes, I admit he did come to the office"—Witherup said," Brown said he had silver in a box locked up; after counting the money we went out of the house, turned to the right, at the top of the road there was a constable standing; we then went to the New River at St. Paul's Road, and I threw
the boxes into it; the boxes contained some penny tokens; a little farther on we threw in the key of the safe and of the front door, and the key of the cash-box; this robbery was suggested to me about three months ago by Brown in the coffee palace; Brown's wife was present when we re-turned to the house, and saw the bags burnt"—I said to Witherup "Can you describe the position of the public-houses where you were drinking?"—he said "The beer-shop opposite Dalston Station, Nottage's public-house (they know Brown there as Burns), and a public-house between Dalston Junction and Ridley Road"—I read the statement over, and Brown said "You might take me if you think the evidence of a fellow like him is sufficient"—I said to Sergeant Jenner, "Go to Nottage's public-house, and ask him if a man named Brown was there on Monday, and ask him who was with him, and bring him here if possible"—Brown then said "I admit being with Witherup on Monday, and that we were at Nottage's, but that proves nothing"—that was the Monday of the robbery—they were both taken to the station and charged, and in Brown's possession a further sum of 18l. was found, making 43l. 6s. in all—they went in separate cabs to the station—we stopped near the New River, and Witherup pointed out the spot where the cash-box was put in—I went there three days afterwards with two river men, and was present when one cash-box was pulled up—I was away a few minutes, and when I came back the other was lying in the boat—Brown's house had the appearance of great poverty—these are the "tokens" that were in the box—only two rooms were furnished—the kitchen, which was a sleeping room for the two children, and one other room.
Cross-examined. The kitchen looked as if it was the dwelling-room—I did not say before the Magistrate," Before he was taken away Brown said to Witherup, 'Look me in the face and tell me the truth'"—the clerk must have adopted a question; those were not my words, but Brown may have said so for aught I know—Witherup demurred at first to my searching his room, but afterwards allowed me to do so, and I found in his box a number of chess-boxes, knives, and dominoes, new—I did not know they were stolen—I asked him to show me his money—ha said, "I have done a good deal already, I shall not show you my money"—I saw him again an hour afterwards in the presence of Mr. Underwood, the Company's solicitor—he was then asked again to show his money, and objected, but he afterwards agreed to show it to Mr. Underwood in private—that was on the 7th—between then and the 12th no action was taken—when Mr. Payton required an explanation about the seven or eight chess-boxes which were found Witherup said that he bought them at a shop in Houndsditch—they contained chessmen com-plete, and there were some domino-boxes and four new carving-knives, which were compared with those in use in the palace—he said that he bought the carving-knives in the Borough—he took me to two or three places in Houndsditch; I found it was all moonshine, and then he declined to go to the Borough; he said, "Oh, it is no use now"—up to that time he had not said a word about Brown or the cash robbery—I showed him the tongs at Brown's house, and he said that he was excited and could not say whether those were the tongs—I can't say whether Brown has a lodger; I saw a man at the door one night; I believe it to be a feint.
Re-examined. Witherup handed me 39l. 10s., and 3l. 2s. was found on
him—one box was found in the New River, about a mile from Brown's house, at the nearest point to it, and the other nearer the coffee-palace, a mile and a half or more from it.
NATHANIEL NOTTAGE . I keep the Radnor Arms, Islington—I know Brown by the name of Burns as a customer, and Witherup has come with him, but not many times—I cannot say whether I saw them on 5th December, or when I last saw them together, but I think they were there in December—Brown changed 3l. worth of silver with me for gold, but I cannot say when.
HENRY ABBOTT . I am a clerk at Mansion House Chambers, City—I was in the service of the Coffee Palace Company from July, 1879, to 5th November, 1881, and knew both the prisoners while they were employed there—Brown came in August, 1880, and left on 27th August, 1881—I remember the new lock being put on the safe with six keys—I did not have a key, but Brown gave me his key when he left—he afterwards came in the evenings, and used to borrow it—one key was missing about a month before he left in August—when he left in the evening he did not give me back the key; he used to leave it with the manager—Brown and Witherup were friends, they used to leave together when work was over, but Witherup lived in the house.
Cross-examined. I saw them in the coffee-palace together several times after Brown left the permanent service of the company in August—Witherup remained as a lodger, and was on friendly terms with the other clerks; he was there with Brown just the same as anybody else—when Brown came for night-work the safe was opened, and I lent him my key to lock up when he had finished his bookkeeping—when there was money in the safe I remained and saw him lock up the safe; he asked me to do so—on more than one occasion there was as much as 100l. in it—I knew Mr. George, the manager, before Mr. Creer—he lived at 17, Canonbury Grove—I have been there, but I don't know where the cash-box was found in the river.
Re-examined. It was my duty to see that the safe was locked up at night—I saw Brown and Witherup together in the office itself after Witherup left the employment—Witherup used to come into the office and speak to the clerks—I have left them alone in the office.
THOMAS PARTRIDGE (Police Sergeant). I was with O'Callaghan on his visit to Brown's residence—I corroborate him as to what took place—I searched Brown, and found 18l. in gold, 6s. in silver, and 3 1/2 d. in bronze—I have seen his wife selling papers at Dalston Junction on Sundays; she has no stall.
JAMES JONES . I am clerk to Rickett, Smith, and Co.—Brown went into their service on 12th September, 1881, and he was last paid on December 10th; he did work overtime, for which he received 2l. or 2l. 10s.
Cross-examined. We had a good character with him—he is a good book-keeper, and in all probability would have succeeded to the chief account-antship very soon—he succeeded a man who was having 250l. a year.
Re-examined. We received his character from a former manager of the Coffee Palace Co.
remember the late manager of this company having notice to quit four or five months ago—I was not then in the service; I had left 12 months—I had conversations with Brown, partly in the office and partly in a public-house in Dalston when we spent the evening together—be said "Mr. George is about to leave, and the key of the safe is lost; I will get one of the keys, and we will steal the money, and suspicion will not fall on us"—I said" Will there be any fear of being found out?"—he said "No, very likely the suspicion will fall on Mr. George"—I said "It is risky; lam in a situation now"—it ended in my agreeing, but not at the first interview—we had nine or ten conversations—some were at the Radnor Arms, Dalston—I met him on 5th December at 9 o'clock at his house; we stayed an hour, and then went out and had several drinks together, and took a hansom cab, and drove to Clerken-well Prison; we got out there, and went to the coffee palace—I opened the door with a key, and we went in—Brown opened the office-door—1 kept watch on the stairs, next my bedroom, which was on the next land-ing—when all was settled, and Brown had the money, he locked the office-door, and we took a hansom to Elm Street, Gray's Inn Road—he had the bags in his pocket, and I carried the cash-boxes; we discharged the cab at the Angel, and took another to Old Street, which we discharged, and took another to Dalston Junction; we got to Brown's house at 3 o'clock, where we broke open the cash-boxes and counted the money—there was 70l. to 80l. which we shared, throwing the coppers aside—I had 37l. 10s. or 38l. 10s.; we then went to St. Paul's Road, Canonbury, where I threw the cash-box into the river, I being the tallest to reach over the rails.
Cross-examined. I stole the chess-boxes on three different times in 1881; it was when Brown was working there in the evening; I told him I was going to take them—he did not give them to me—he was not to have a share of them; they were of no value—he said "They are charged twice in the ledger, so they will not find it out; the house has more draughts entered in stock than what they have"—I told O'Callaghan I had bought them in Houndsditch—Brown did not tell me to steal the carving knives—I told O'Callaghan that Brown had allowed me to steal them; that was a falsehood—I told him I bought them in the Borough—I took him to three places in Houndsditch, and then said" It's no use now"—up to that time I had not said a word about Brown robbing the safe—I told them not to send me to prison—I opened the hall door with a copy of the late general manager's key—Brown took Mr. George's key, and had a copy of it made at Ratcliffe's in the Commercial Road—I swear I let myself in with the latch-key that night; 1 don't care who swears he bolted the door—I don't know where Mr. George lives now; I don't see him in Court—Mrs. Brown and three children were in the kitchen with us—I don't know whether they were asleep; their heads were covered—Mrs. Brown was there all the time—after I left the coffee-palace I worked at Batchelors and Co., and the persons who made the key worked for them—I recollect the name; it is Dickson and Howard, of the Commercial Road, next door to the Swan—I don't think I told Mr. Paton that Brown stayed outside, and I did not mention Coldbath Fields, as I did not know there was such a place—Brown stayed outside while I opened the door, and then he went in with me—I kept watch on the stairs with my coat off to pretend I was going to the lavatory, and if he
heard me he was to come outside—I may have said "We opened the office door and the safe with keys which Brown had, and took out 14 bags containing money, and two cash-boxes, which we left," but it was Brown who did it.
JOHN CREER (Re-examined), I noticed that the bolt of the front door was insecure, and instructed our carpenter to look at it—the bolt was on, but the screws were short, and a push would open it—I instructed the carpenter to put a new bolt on after this took place.
BROWN— GUILTY. Recommended to mercy by the Jury on account of his previous character. — Twelve Months' Hard Labour each.
MR. TICKELL Prosecuted; MR. MONTAGU WILLIAMS Defended.
After the commencement of the case the RECORDER suggested that even if the defendants statements were false in fact, they could not have been material to the issue, as they related to what took place after the accident in question; moreover, the case had been inquired into three times, a new trial had been refused, and the Magistrate had dismissed the case, after which the prosecutor went before the Grand Jury, who found the present indictment.
NOT GUILTY .
THIRD COURT.—Friday, January 13th, 1882.
Before Mr. Common Serjeant.
MESSRS. POLAND and M. WILLIAMS Prosecuted.
(The prisoner being a foreigner, the evidence was interpreted by MR. ALBERT.)
FRANCOIS SCHNURIGER . I am a waiter—I lived at 4, Old Compton Street—I am a Swiss—the prisoner is a clerk—he is a Frenchman—he was out of place when I made his acquaintance—in October last I was in want of money—I told the prisoner so, and that I had an uncle whom I wished to ask for some—I told him my uncle's name was Louis Schelbert, and that he lived at Chesnay, near Versailles—I asked him if he would draft a letter for me, because I am not able to write letters in French without mistakes—he then made a draft letter in the French language—I trans-lated it into German and sent it to my uncle—I do not know where the draft is—this is the letter that I translated, and the prisoner wrote the address, 4, Old Compton Street—I asked him to do it because I trusted him—my uncle is a Swiss. (The letter was dated London, 25th October, and was an application to the uncle for 50 francs, as the prosecutor had not found employment. The envelope bore the Paris post mark of 26th October.) I sent the letter by post to my uncle—I received no answer—I made inquiries at 4, Old Compton Street, for letters for myself—I spoke to the prisoner about it—I do not remember what I said—half of this post-card was written by the prisoner and half by myself—the address of Louis Schelbert was written by me, and the back was written by the prisoner. (This stated that the prosecutor had forgotten to send his address, and sending it as 4, Old Compton Street.) As I got no answer I supposed I had
omitted patting the address—I got this answer from my uncle of 3rd November—the prisoner gave it to me opened—he said "Hare it a letter fur thee, I did not pay attention to the address, and I have opened it." (The letter teas from the uncle, and expressed surprise that the 50 francs had not arrived, as he had sent it,) I went to the post-office and made inquiries about the letter—the prisoner was given into custody—I afterwards went to the prisoner's address end gave to the police these two letters in the prisoner's writing (produced for comparison of writing)—this post-office order is not signed by me, nor by my authority—it resembles the prisoner's writing.
Cross-examined by the Prisoner. You made the draft of two letters—one was to ask for money, the other to express surprise—they were not written at the same time—I consulted a Mr. Maurice—I am not sure whether I copied one draft in French or in German—I wrote the second letter to my uncle from a draft which you made.
Re-examined, I cannot remember all I said to the prisoner about the letter—I see now that he has not written the first letter—he wrote my address on it—I. wrote the address on the envelope.
LOUIS SCHELRERT . I live at Chesnay, in the Department of the Seine—about 26th November I received this letter by post from my nephew—it is in German—in consequence I sent this P.O.O. for 50 francs from the post-office in Versailles to 4, Old Comptou Street, Soho Square—I got this receipt from the post-office—a few days afterwards I received this letter in French, of November 1st, from my nephew, and on the same day this post-card—I wrote in reply this letter to 4, Old Compton Street. (Stating he had sent the 50 francs.) I also received this letter from my nephew of 3rd November. (Stating the money must be lost, and he would make inquiries.)
HENRY WALTER BURKE . I am a clerk in the General Post-office, St. Martin's-le-Grand—I produce a P.O.O. for 50 france, or Il. 19s. 8d—I found the Versailles post mark of 28th October—I cashed it on the 29th October—I cannot remember who brought it—I had my advice-note, and I cashed it upon the faith of the signature being true—I put the English stamp of the 29th October upon it.
FRANCIS ADOLPHUR SERVAT . I am in the service of Madame Blondell, who keeps an hotel at 4, Old Compton Street—when the shop is shut the letters come into a small letter-box; they are afterwards put into a small box in the shop near the counter—the box is locked, but the key is left on it, so that any one inside can open it—I have seen the prisoner at the hotel nearly every day when he came to have his meals—the prosecutor and the prisoner came together—the prisoner did not sleep there—he used to ask me if there were any letters for him nearly every morning—he used to be outside the shop waiting for the postman.
LOUISE BLONDEL . I keep the hotel at 4, Old Compton Street—the proseoutor lodged there—he always had his letters addressed there—when the door is shut letters are put into a box from the outside, and they are taken out by the boy, but when the house is open they are put into a box inside where everybody goes for them—the box is not locked.
EUGENE TROUILLER . I live at 14, Old Compton Street—the prisoner lodged with me from 19th October for about two weeks at 6s. a week—I said to the prisoner at the end of the first week "You must pay me for the week which is now due"—he Said "Sir, I cannot pay you to-day,
I have no money"—I said "All right, I will wait for you two or three days," because he said "I expect some money from my uncle"—two days afterwards, about 10 a. m. on the Saturday, the prisoner said "I have received a letter with a P.O.O. for 50 francs from my uncle, and I am embarrassed to know where I can go and get it changed"—I said "There is a postman delivering letters in the box, address him, and he will tell you"—he held up the letter two or three yards from me—he went away with the postman—he returned about 6 o'clock the same evening and paid me the 6s.—he said "I bring you your money; here it is"—he did not pay the next week—I allowed him to stay two days over, but seeing he did not pay I told him to go—while he was there he was looking out for a place as a teacher.
BLANCHARD WONTNER . I am conducting this prosecution as the agent of the Public Prosecutor—I have been examined in Courts of Justice on the comparison of writing—I have with very great care studied hand-writing on many occasions, and I have been examined before the Recorder for the purpose of proving handwriting—I have examined the prisoner's writing, and compared it with the signature to this P.O.O.—one of these letters is written by the prisoner to his mother, the other to the editor of a paper in Paris; they were found at the prisoner's lodgings by the prosecutor—I have no doubt the signature to the P.O.O. is the prisoner's—the Jury can see the similarities; for instance, the prisoner writes m and e instead of n and u in Sch nu riger, also the h is like the prisoner's—the prisoner makes in a different way; in the F in Francois the bar is a little higher—I have traced almost every letter—the hook of the h turns to the left, and where the prosecutor makes a flourish the prisoner makes one too—the g is peculiar—I do not say the character corresponds exactly, but there is a flourish.
SAMUEL BASTARD (Policeman C 251). I understand French imperfectly—on 15th November I was on duty at the Pavilion Music Hall—I was sent for to go to Vine Street Police-station—the prisoner and the prosecutor were there—the inspector gave me some information, and I spoke to the prosecutor in French in the presence of the prisoner—I asked the prorecutor what the charge was—he said in the prisoner's presence in French "That man has taken a letter which came from my uncle con-taining an order for 50 francs; he has been and cashed it at the General Post-office"—I said "How do you know the prisoner took your letter?"—the prosecutor said "I have no one else in my confidence to know that I should receive a letter"—I said "How many letters did you write about the matter?"—the prisoner stood listening—the prosecutor replied "Two"—I said "When did you write the first one?"—he said "On 25th October"—I said "When did you write the second one?"—he said "About eight days afterwards"—I said "What were the contents of the second letter?"—he said "I asked my uncle the reason why he had not sent the money; my uncle's reply came saying he had sent the money, which would arrive in London on 29th October"—I asked the prisoner what he had to say to the charge—the prisoner said "I received a letter for him, but I did not open it"—the prisoner was detained in custody; he had been arrested.
CHARLES ALBERT . The copies of letters produced are accurate trans-lations of the letters of 25th October, 1st November, post-card of the same date, and 5th November, which was dated 5th October in mistake—the translation of the post-office order is accurate; the amount was 51 francs, but something was deducted for expenses, no doubt; this is the post-office receipt; the number corresponds.
Witness for the Defence.
FRANCOIS MAURICE . I am a cook—you were with me and the prosecutor on 29th October—I went to M. Bacheler's, and you met the prosecutor in the street about 2 or 3 o'clock in the afternoon at M. Trouiller's, No. 14—you and I arrived in England on the 16th or 17th October—I met you at a French railway-station—we were not 10 or 12 days in London when we went to Bachelor's, I believe it was four or five days after our arrival—1 have no recollection of a girl saying, "You must come back in five minutes. "
Cross-examined. I saw the prisoner at Blondel's house—I saw the prisoner write two drafts for the prosecutor—if I remember rightly the prisoner read out a draft to the prosecutor—one letter was a request to send money; the other was to say the prosecutor was astonished the money had not arrived—they were written at different times—1 cannot recollect the dates, but there was about 10 days' difference between them.
Prisoner's Statement before the Magistrate (Trantlated). "It could not be me that did it as I did not know the money was coming from France. If the prosecutor states I wrote that letter for money that is false, although I admit I wrote two other letters for him, one expressing his surprise that his uncle had not answered his letter, and the other containing a second demand for money. On 29th October I understand the order was cashed. On that day I went with the prosecutor and Mr. Maurice to M. Bacheler's, where they left me. I returned to Madame Blondel's. She asked, 'Where are your friends? Mr. B. has called, and wants to see one.' I told her I had just left them. Ten minutes afterwards they came. During the whole day I was constantly in the company of these people. "
Prisoner's Defence. With that exception I have nothing to say. I have nothing to add to my statement.
GUILTY.—Recommended to mercy. — Six Months' Hard Labour.
(For case tried in Old Court, Saturday, see Surrey Cases.)
NEW COURT.—Saturday, January 14, 1882.
Before Mr. Common Serjeant.
8/4/2006 MR. A. METCALFE Prosecuted.
RICHARD BELLINGER . I am a fruiterer, of 9, Roman Road, Bow, and my sons sleep there—one of them is Henry Bellinger—I left on January 1st about a quarter to 1 o'clock, leaving only my two sons in the house—I pulled the side door to, and my mistress and the servant tried it together—I left my boy to put up the bar at the back—about 10 a.m. I went back to the shop, and missed three coats, 35 tickets, half a pint of rum, a piece of ham, two rabbits, and 2s. in farthings—I have seen the prisoners before.
Cross-examined by Davis. I did not see my son bar the back gate—I pulled the door to, and tried it two or three times.
HENRY BELLINGER . I live at my father's place of business—on Sunday morning, January 1st; I went to bed at 1.30—my father went out at 12.50 and slammed the front door, and I bolted it after him and turned the gas off—the cellar window was shut and fastened, but one of the panes was broken, and it was possible to reach the window catch through it from the outside—I came down between 8 and 9 a.m., and saw the gas slight, the same burner which I had turned out—the front door was shut, but the bolt was moved back—the cellar window was open—I missed three coats, two waistcoats, two rabbits, 35 or 36 tickets out of my pocket, half a pint of brandy, half a pint of whisky, and half a pint of rum—one coat belonged to me, and this bill in it, "T. Mellish to Mr. Bellinger"—the coats were in the kitchen—this key was in my brother's coat pocket; he is not here, but I know it is his—it does not belong to our door.
ALEXANDER HOW (Policeman K 265). On January 1st, about 4.15 a.m., I was on duty 400 or 500 yards from Roman Road, and saw the two prisoners going towards the Victoria Arms beerhouse—Davis tried the door, and then put his head between Hart's legs and rose him up, and he tried the fanlight—he heard my steps 30 or 40 yards off, jumped down, ran across the road, and appeared to be making water—Davis wished me a happy new year—I said," What are you doing?"—he said," Governor, don't think that we are thieves"—I was in uniform—Hart came across—Anderson came up, and we took them in custody—I searched Hart at the station, and found 7s. 6d. in silver in his trousers pockets, and in his waistcoat pocket this key, and these tickets in a bag in the left leg of his trousers between the lining and the cloth, and this bill-head with them.
HENRY BELLINGER (Re-examined). I cannot exactly swear to these tickets, but I had a bag of similar tickets, and I noticed one or two of Hands' and one or two of Peacock's—they are used in our trade only—I swear to this bill-head of Mellish's.
FRANK ANDERSON (Policeman K 148). I was on duty on January 1st at 4.15 a.m., and saw the prisoners coming up Warley Street—I went back while Davis tried the door of the Victoria Arms—Hart went on to the doorstep, and Davis put his head between Hart's legs and raised him, and he tried the fanlight of the beerhouse, which revolves on pivots—he heard How coming, got down, and went across the road—I said to Davis, "What are you doing there?"—he said," You will find we are no thieves, governor"—Hart then came across, and we took them in custody, and on Davis I found 1s. 6d. in silver and a farthing—he said that he received it for holding horses yesterday—I did not know that
Mr. Bellinger's place had been broken into; that came to my knowledge through the bill-head.
Davis's Defence. Mr. Bellinger's son was taken up for highway rob-bery. I saw him go along and followed him, and going back I met Hart, and before I reached the Victoria Arms the constable had hold of my shoulder.
Hart's Defence. I found the coins in the City Road, and the billhead also.
GUILTY . DAVIS*.— Twelve Months' Hard labour.
HART.— Nine Months' Hard Labour.
MR. WILLES Prosecuted.
CHARLES WHITE . I am a carpenter, of Fitzjohn's Avenue, Hampstead—on Friday evening, about 5.30, I heard a disturbance, went to the front of the blacksmith's shop in the yard, and saw Woolley on the ground—I stepped over him without touching him—Jones was fighting with Price—I said "Stop that fighting, I will not have it here; my work must go on; I must not have you men coming here to fight with my men; go away"—I stopped the fight, and put Jones outside the door—I then picked Woolley up from the ground in my arms, and said "Who has done this?" he said "One of your men inside, let me get at him again"—I said "You shall not here," and stood in the shop door and kept him out, and persuaded him all in my power to go away—they both went to the stable, and Jones came back and hit me on my head with his fist, I believe, and Woolley came back and hit me—I don t think he cut my head, but he knocked it against some iron—they knocked me on a bench—Woolley held my coat, but I got to the door; he fell, and pulled me on top of him, and Jones was pasting away at me all he could—I found myself faint, and called out "Men, where are you? Can't you get this fellow away from me?"—that was Jones—I was on my knees—I was kicked on my thigh—no one was there then but the two prisoners—my watch chain broke in the struggle, and I lost my watch—I did not knock Woolley down—after I got away I could not see, and was wiping the blood out of my eyes, and Jones came back and struck me again on the back of my head—I was struck, I should say, 40 times—Woolley was, I think, worse for drink—Jones was sober—they were taken in custody.
Cross-examined by Woolley. When I came up you laid on the ground, dead as I thought—I did not let fly at you, and cut your finger against a door—I picked you up—I was not there when you and the striker fought—I did not see blood on your face when I picked you up—I talked to you like a father—I believe the man gave you a black eye—I can't say whether I gave it to you; the two were at me, and I was obliged to fight, as any Englishman would.
Cross-examined by Jones. You did not ask me what I hit Willy for, nor did I say "I will b—soon show you if you are not out of this"—I did not kick your arm.
By the COURT. I still suffer pain, and cannot sleep on my left side yet—I could not move the scalp of my head for a week—I have been in the hands of a chemist.
JOHN BUTLER . I am a sub-contractor—I was in the yard—White said "My good man, go away, I don't want any row here;" Jones said" Oh, you can have it as well," and they slipped into him, and knocked him down on the blacksmith's handle, and cut his head open—they only hit him with their fists—Jones then picked up a piece of iron 18 inches long and about three-quarters of an inch thick, and was going to strike Town-send, who picked up something in self-defence—I said to Jones "Come out, it will be better for you;" he said "Soldier, you can have it as well if you want it"—I have been in the army—I said "We don't want any row, come outside"—Townsend fetched two policemen—Jones said" I will go quiet, "but he ran away—I and two or three men ran after him, and I got a kick on my legs and was knocked down—he got into a tunnel, or he would not have been caught—when they were going to the public-house they said" This is for old Billy (that is Townseend), we will kill him. "
THOMAS PRICE . I am the "striker" in this blacksmith's shop—the prisoners came in about 5.30 p.m., and Woolley asked me if I was coming outside, and without waiting for an answer struck me on the side of my head—I had had no quarrel with him—I struck back in self-defence—Mr. White came in, and asked them to go away—they did so, but came back, and Woolley struck White on the side of his head with his fist—they then both struck him—Woolley was drunk, but Jones was not.
Cross-examined by Woolley. You were sober enough to know what you were doing—I did not chuck a rail against a horse's feet; nor did you say that it would be a fine thing if the horse had jumped on you, and killed you—you brought your horse to be shod two hours before, and we had cut off a piece of rail, and placed it at the side of the shop door, and you said that my mate put it there purposely to frighten your horse—Clapham was my mate—you kicked him several times, and I pulled you away, and struck you once, and I fell, and you hit me when I was on the ground—I put my horse in the stable, and when I came back you were stripped—you were sober when you first came.
VICTOR DE LASPEL (Policeman S 426). On 23rd December Townsend came and showed me a mark on his eye—I went to a public-house, and took the prisoners—Jones said" I will go quietly," but immediately ran away—he was stopped—he was drunk, but not so bad as Woolley—both were sober enough to know what they were doing.
Cross-examined by Woolley. You were halloaing and shouting to Jones to get away—you had a black eye.
Woolley produced a written defence, stating that Mr. White struck him first, cutting his finger against a piece of iron; that Jones then knocked White down, but that he never touched him.
Jones's Defence. There were three or four hitting him, and I could not see him killed; all three of them hit me, and I have a mark on my arm now.
GUILTY of a common assault. — One Month's Hard Labour each.
Before Mr. Common Serjeant.
MR. LLOYD Prosecuted.
AMY WARNER . I live at the Lilliput Arms, Canning Town—I have known the prisoner some time—on 28th November, about 5.30, I served him with half a pint of ale—he tendered a shilling—I told him it was bad, and broke it in half—this is one half (produced)—he then paid a good florin and I gave him the change, a good shilling, a sixpence, and fivepence—I served somebody else, and then the prisoner called me and produced a shilling and asked me if it was good; I looked at it and said it was bad—he said "Well, it is what you have just given me"—I said" I know better than that, you are trying to ring the changes"—the landlord came down, and the prisoner drank his beer and left—I picked him out at the police-court on 19th December.
Cross-examined by the Prisoner. You afterwards gave me a good florin, and I gave you the change—I did not give you a bad shilling—you did not say "All I want is my right change."
MATILDA MURPHY . My husband keeps the Shipwright and Moulder's Arms, Canning Town—in December last, between 9 and 10 a.m., I served the prisoner with a pint of ale, and he gave me a shilling—I put it in the till, where there was no other shilling, and gave him tenpence change—a few minutes afterwards I took it out to buy some bread, and found it was bad—this is it.
DENNIS MURPHY . I saw the prisoner in my house about 9.50 a.m., but did not see him tender the shilling—he came again between 8 and 9 p.m., and tendered a shilling for a pint of ale—I put it in my pocket, gave him the change, told my wife, and went out to look for a constable; the prisoner followed, but went in the other direction—about an hour afterwards he was taken in a public-house—this is the coin.
JAMES LLOYD (Policeman K 486). On 10th December, about 9 o'clock, I went with Mr. Murphy and found the prisoner at the Ground Rent Tavern, Plaistow—Murphy said" That is the man, and I shall charge him with uttering a bad shilling"—I took him in custody, searched him outside, and found six sixpences, a shilling, and 1s. 5d. in bronze, all good.
The prisoner produced a written defence, stating that he received 12s. for his work at the Victoria Docks from the foreman, and did not know that any of it was bad, and that a girl changed a shilling at Mr. Murphy's at the same time as himself.
GUILTY .— Fifteen Months' Hard Labour.
MR. HORACE AVORY Prosecuted; MESSRS. SMITHIES and LEVEY Defended.
WILLIAM BARBER . I am a match-maker, of 64, Stevenson Street, Canning Town—the prisoner was my carman—it was his duty to take out goods, receive the money, and account for it every night—this bill to Mrs. Dorking for 1l. 7s. is receipted in his writing, on November 1—
he did not account to me for the money—the other bill is for goods sup-plied to Mr. Lardell, amounting to 7s. 6d.; on it is "Received, G. B.," in the prisoner's writing, but there is no date—the other is one of my bills to Mr. Lardell, for 13s.—the two together make 1l. 0s. 6d.—he did not account to me for that sum—he left my service on 13th December—he was out with the cart on that day, and never came back—he had given me no notice that he was going to leave—I found my horse and cart in the green yard, and the prisoner was locked up for being in drink with the van.
Cross-examined. I have one cart and one van to take out matches, but I only have one carman—I employ 60 or 70 hands, chiefly women and girls—my wife's father keeps the books—I account for what is paid to me and he books it, or I book it myself—the prisoner has been in my service twelve months altogether, at various times—when I was away the money was paid to Emily Otten, and he left a paper with her—I never found anything wrong with it—she is a domestic servant, and has been with me seven years—it has not happened that the paper gets lost among the pots and dishes, but twice or three times he got so drunk that he could not make out the paper, and the girl made it out and I took it to him in the morning and counted the money, and he said that it was all right—I discharged him once for being drunk; he begged to come back, and I took him back.
Re-examined. These are my books—I sometimes make entries in the day-book—here is no entry of these sums being paid by my customers—if the prisoner had paid me this money I should have had it entered by my my father-in-law—if put on paper by the prisoner it would be entered by my father-in-law.
WILLIAM HENDRY . I am Mr. Barber's father-in-law—I kept the ledger entirely for seven years; he makes a list of money received, and I enter it—there is no entry of 1l. 7s. from Mrs. Dockin, or 1l. 0s. 6d. from Mr. Lardell—the list was given the morning after the prisoner went out.
Cross-examined. I only do this book-keeping at my leisure, as my son-in-law is not competent to do it—I receive a salary for it—I go there every evening—I may miss a night or so.
EMILY OTTEN . I am in Mr. Barber's service—if he was out when the prisoner came home, or in bed, I received the money and a piece of paper with the amount written on it—I put the money and paper in a bag which I put in my master's room—the prisoner came home so drunk once or twice that I put the amount down on paper—he could always count the money—he never gave me any name of who he got it from.
Cross-examined. I had other work to do—it was no part of my duty to receive the money—he brought it at 11 o'clock, and sometimes later—I put it in Mr. Barber's room even when he was in bed—I am in the private house which joins the workshop—the prisoner always came to the private house; Mrs. Barber would take the money instead of me when there.
WILLIAM BARBER (Re-examined). When the prisoner came home late and paid the money to the servant I did not see him till next morning—I used to call him into the office, and show him the paper, and he told me who had paid the money—I never remember his being wrong beyond 6d.—Mrs. Barber very seldom received it; when she did she gave it to me. ANN PARKER DOCKING. I am a widow, of 28, Emsworth Street, Hoxton,
and deal with Barbar for matches—on 1st November I paid the prisoner this bill produced at my house, and he receipted it.
EMMA CAMPLING LA DELL . My husband had goods from Barber—we live at 517, Hackney Road—on 28th November I paid the prisoner 1l. 0s. 6d. for these two bills; one for 7s. 6d. and the other for 18s.—receipted them at the time.
WILLIAM MOSS (Detective K). I received information at the station, and on 31st December I went to 90, Blair Street, Poplar, at 2 o'clock, and found the prisoner in a back room upstairs—I said "What is your name?"—he said "Brown"—I was in plain clothes—I said "That is a common name; do you know Mr. Barber of Canning Town?"—he said "Barber, Barber, I don't know the man!"—I said" You answer the description of the man I want for embezzling sums of money from your master, Barber"—he said "How much is it?"—I said" I am a detective officer, I shall take you in custody for embezzling 1l. 7s., and I think the other is 1l. 5s."—he said" No, can you take me to Mr. Barber?"—I said "No, I must take you to the police-station, and tend for Barber"—I did so, and he identified him—the prisoner said "Mr. Barber might have sent for me before he entered into this prosecution."
Cross-examined. When I said I was a constable he said" All right, can't you take me to Barber?"—he never said "I can clear it up."
WILLIAM BARBER (Re-examined). It is not true that three times out of ten the paper the prisoner gave to the servant was missing—I never knew it missing; in every case a paper was made out by the prisoner or the girl, and I went through it in the morning—I saw the prisoner on 18th December, when he was locked up for being drunk—I asked him before that if these amounts were paid, and he said "No."
The Prisoners' Statements before the Magistrate. "When I came home with the van I had to pay the money to a servant girl, and leave a slip of paper with the amount on it; generally three times out of ten the paper was missing in the morning, and we had to make up the books as best we could."
He then PLEADED GUILTY to a conviction at this Court in June, 1875.— Two Years' Hard Labour.
211. WILLIAM JONES (25) and HENRY PRITCHARD (22) PLEADED GUILTY to burglariously breaking and entering the dwelling-house of William Beresford, and stealing therein a gun, thirty cartridges, two coats, and other goods, his property.— Twelve Months' Hard Labour each.
Before Mr. Justice Stephen.
MESRRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. J.P. GRAIN
side going down Bridge Street from Church Street—there is a baker's shop at the left-hand corner, and next door to that a fishmonger's and greengrocer's, opposite me—on the evening of 9th November, about 7.30, I was standing on the pavement outside my shop, and saw the deceased Sarah Elizabeth Hockley on the opposite side of the road—I have known her nearly 30 years; she was between 70 and 80 years of age—she was talking to Mrs. Pennell on the pavement—the shops at the corner are all well lighted by gas—I saw the deceased leave the pave-ment to cross the road—at the same time I saw two four-wheeled brewer's vans, each with a pair of horses, come round the corner at rather a fast pace—I saw the first van knock the woman down and the second one pass over her body—they were the one behind the other, about three or four yards apart—the woman had got about five feet from the pavement when she was knocked down—it was done momentarily—the vans did not pull up, they went on between 50 and 60 yards, when they stopped—two men ran after them—I did not hear any shout before she was knocked down—I afterwards heard a shouting to the vans to stop—it was a fine night; the road was dry—I should think the vans were coming between seven and eight miles an hour; rather too fast, galloping I should think—I am not much of a judge; I should think they were trotting quick; they were coming as fast as they could—I ran to the deceased; she was picked up and taken to the hospital—I afterwards saw the prisoners brought back to the spot; they appeared to be sober—there was blood on the ground where the woman was picked up, about five feet from the kerb.
Cross-examined. There was a barrow in the road some distance down, not near where the old lady was killed; it was between the ragshop and the fishshop—she crossed in front of the barrow, she did not pass it—there is plenty of light there—it was impossible for the driver to have pulled up in time to avoid running over her.
Re-examined. She was knocked down between 16 and 17 yards from the corner—the distance from kerb to kerb is 22 feet.
AARON ALLOWAY . I am 15 years old—I live at 51, Thames Street, Greenwich—on Wednesday evening, 9th November, I was standing out-side Dutton's, the greengrocer's, in Bridge Street—I saw the deceased talking to another old lady round the corner; she then came round the corner and went very slowly across the road—I saw two vans come round the corner out of Church Street, going at a full trot—as soon as the deceased got halfway in the road the first van knocked her down and the next one went over her—I then heard some man call out and run after the vans, and they drew up at Short's, the coal shop—there was a barrow standing in the gutter near the greengrocer's shop.
Cross-examined. I don't think the van driver saw her—she was deaf—I knew her before.
HARRIET HUTCHINSON . I am the wife of Robert Hutchinson, an engineer, and live at Deptford—on this evening I was with my husband and sister standing outside my sister's shop, the greengrocer's, in Bridge Street—I saw two vans coming round the corner very sharp, trotting I should say about seven miles an hour—the old lady was crossing the road, and when she got about three yards from the kerb the first van knocked her down and the second one ran over her—I went to her—she only said "Oh"—she was bleeding—the vans went on—my husband
ran after them—I did not hear any one call out before she was knocked down.
GOODSON VINES . I am a veterinary surgeon, of 46, Stanton Street, Peckham—I was in Bridge Street standing near the old lady when she stepped into the road—when she was about three yards from the kerb the first horse of the first van knocked her down, and the second van went over her—I should think they were going between six and seven miles an hour.
Cross-examined. I know the streets very well—there is less light in Church Street than in Bridge Street, but it is a very well lighted corner. ROBERT SPACKMAN. I am a cornchandler in Bridge Street, between 50 and 60 yards from Church Street—I was standing at my door and saw the vans come round the corner at, I should think, about six miles an hour—they stopped opposite my place after the occurrence—one or two persons ran and stopped them—I heard Davis say it would haveserved the old b—right if they had rolled her guts out—I should think he was not sober; he came up swaggering about and just talked to one or two.
Cross-examined. There were three of us talking together when he came up and said this—nobody else is here who heard it—I swear that it was Davis who used those words.
ALFRED MOONEY (Policeman R 34). On Wednesday evening I was called to Bridge Street, and saw Barker—Davis had gone to the hospital with the woman—I met him afterwards coming from the hospital; they both appeared to me to be perfectly sober—they said they did not see the woman; they knew nothing at all about it.
ALBERT GILLARD (Policeman R 66). I was on duty in Church Street—I received information and went and found Mooney with the prisoners—I considered they were both sober—I took them to the station—the inspector decided that they were sober, and let them go, taking their names and addresses.
EDWARD HOCKLEY . I was a licensed victualler at Greenwich—the deceased Elizabeth Hockley was my sister; she was 78 years of age, and a widow; she lived in Church Place, near where the accident occurred—I had seen her about two months before; she was then quite well—she was not particularly infirm; she could walk very well—she was not at all deaf—she never wore spectacles.
SARAH PENNELL . I saw the deceased at the top of Bridge Street going to church—I did not see the accident—I have known her as long as I can remember—I sat next her at church—she was very deaf and very paralysed—she could not walk at all well—she did not wear spectacles.
EDWARD SAMUEL WEBBER , M.R.C.S. I am house surgeon at the Sea-man's Hospital, Greenwich—the deceased was received there as a patient about 7.30 p.m. on 9th November—she was suffering from a shock to the system from the injuries she had received—at first she was unconscious; she subsequently revived—both thighs were fractured—there was a com-pound fracture of the left thigh and knee-joint—she died from those injuries.
EDWARD ARUNDEL CARTTAR . I am Coroner for East Kent—I held an inquest on the deceased—the prisoners were called before me, sworn, and examined—I cautioned them that anything they stated would be taken down, and might possibly be used against them if a criminal
charge was made—I took down their statements and read them over, and they put their mark.
In these statements the prisoners alleged that they knew nothing of the accident. They received good characters.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. LLOYD Prosecuted.
ALICE SMART . I am barmaid at the Mansion House, Deptford—on 14th November, about 11.15 p.m., I served Cousins with a half-soda, which came to 2d.—he put down a shilling; I put it in the till, and gave him the change—there were other shillings there—as soon as he left White came in and asked for a half-pint of stout, and gave me a shilling—I tried it with my teeth, and said "This is a bad one," and took it to Mr. Tyler, who assists there—he told the prisoner it was bad, bent it, and gave it back to him—I then went to the till and found this bad shilling there (produced)—two constables came, and White was given in custody.
Cross-examined by White. I do not know that the shilling I took out of the till was the one you gave me—Mr. Tyler examined my compart-ment of the till the same night.
Cross-examined by Cousins. I did not see you with White.
ROBERT GEORGE TYLER . I am the son-in-law of the proprietor of the Mansion House Tavern—on the night of 14th November the last witness in White's hearing asked what she should do with a shilling—I was having a disturbance with somebody, and she bent it with her teeth and gave it back to White; it was afterwards found on the floor in my presence, half of it under White's feet, while a constable was there, and the other half afterwards close to a rum puncheon in front of which White stood—I said" Where did you come from?"—he said "Black-wall"—I said "You will not go there to-night; I shall charge you"—I gave him in charge—the constable pulled his legs away; a half of a shilling was found under his feet—I walked behind him to the station; on the road to the station Cousins came between White and one of the constables; he put a hand on White's shoulder and another on his hip, and said "Halloa, Tom, what's the matter?"—Cousins was taken in custody, and the barmaid identified him—this is one of the pieces the barmaid showed me, and this other piece was found in the bar next morning—this is the shilling found in the till.
Cross-examined by White. I was twenty yards from you, and saw Cousins put his hand in your pocket—when you gave me the shilling I gave orders to close the door, so that you could not have got into the other compartment.
HENRY WOODDINGS (Policeman R 91). I was called, and found White leaning on the bar working his feet about—I moved his feet, and found the largest part of a shilling fixed tightly in the floor—I asked him where he got it—he said "We are all liable to get hold of them"—Mr. Tyler produced the other half at the police-court next day—when 80 yards from the station, Cousins walked up to White, and put one hand on his shoulder, and the other in his pocket—I told the constable to bring him in, and the barmaid came and said that Cousins passed the first shilling
—I found on White 12 good sixpences, and 4s. 10 1/2 d. in bronze, and on Cousins was found two sixpences and 4d.—I said to White, "Do you know him?" and he said "No"—the Inspector asked Cousins" Where do you live?"—he hesitated, and said to White, "Where is it, Tom, I do live?"—White said" Hughes's Fields"—I received this broken coin and the bent one from Tyler.
Cross-examined by White. Cousins put his hand into your right hip pocket—I did not see him take anything out—I went to your employer, who gave you a good character for twelve months, and you have been working at the South-Eastern Station three weeks in October—Mr. Glover told me that you had an accident, and lost part of your thumb, and were ill 14 weeks.
Cross-examined by Cousins. I found from Glover that you had worked there also on and off for three months, and I know you were at work till 12.30 on the day you were taken—Cousins is a packing-case maker.
WILLIAM TRUSSELL (Policeman R 307). I went to the station with White in custody—Cousens came up, and placed one hand on his shoulder and the other in his pocket, and said "What is the matter, Tom?" he said "Oh, nothing"—I took hold of Cousens, and told him I should take him in custody for being concerned with White—Woodings asked them if they knew each other; they said "No," but when Cousins was asked his address he turned to White and said" Where do I live, Tom?" White said "Hughes's Fields"—I found on White two sixpences and 4d.
Cross-examined by White. After putting his hand in your pocket Cousins began to run when heard the words "Bring him in"—he ran a few yards, and I took him.
Cross-examined by Cousins. You were not walking towards me when I took you; you had started running away.
White, in his statement before the Magistrate, and in his defence, said that he did not know how he got the bad coin. He produced a written defence to the same effect. Cousins produced a written defence stating that he tapped White on the shoulder, and asked him how he was, but that he only knew him in the workshop, and did not put his hand in his pocket, nor could he do so, as there was a policeman on each side of him.
WHITE— GUILTY .— Nine Months' Hard Labour.
COUSINS— NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. GEOGHEGAN Prosecuted.
EMILY BECKETT . I am cook in the service of Miss Henrietta Barnett, of Blackheath—on 17th December the clock was safe in the house at 12.20 in the day—the hall window was then fastened—the clock was usually kept on the mantelpiece—I came into the room again at 20 minutes to 1—the clook was gone—the hall window was open, and not as I left it—I afterwards saw the clock at the police-station.
of Wellington Street, Deptford—on Saturday, 17th September, a clock was brought and pawned with me by the prisoner in the name of Charles Smith.
JOHN CRAGGS (Policeman R). On Tuesday, 20th December, I received information of this robbery, in consequence of which I went into a lodging-house—I saw the prisoner outside—I told him I should take him into custody on suspicion for stealing a clock—he replied "All right, on suspicion"—I took him to the station—he said "Do you think it is likely I should steal a clock and pledge it in Deptford?" I said "I did not say it was pledged in Deptford—he was placed with five others, and Taylor was called in and picked him out—the prisoner said he wished to speak to Taylor; I told him he could not do that.
NOT GUILTY .
Before Mr. Justice Stephen.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. FILLAN
ELLEN HOLYHEAD . I am the wife of Thomas Holyhead, a porter, of 22, Lant Street, Borough; we occupied the first-floor back—the prisoner lodged with his wife, the deceased woman, in the room above us—I was at home on Sunday morning, 13th November; between 11 and 12 o'clock I heard a noise of quarrelling in the prisoner's room—I heard him first commence to beat his wife at the corner of the fireplace—I heard the sound of blows, and the woman screamed out "Oh, Jerry, don't"—a few minutes after that I saw the deceased on the landing by the door; she came running out from her own room; she had to come down a flight of stairs to get on to the landing—she showed me a mark on her left temple; it was not black, it was a large ridge as thick as a finger across her temple; it was only the flesh raised—she made a com-plaint to me, and she went downstairs into the yard—I next saw her about half-past 1 in my room; she sat down because she was not very well, and then went upstairs to get her husband's dinner ready for him—I heard them quarrelling again; I could not tell the time—I heard the scuffling of feet on the floor, and the woman screamed out something about her back—I called to her to come into our room, but received no answer—she did not come down—the prisoner came down on to the lauding, and told me to mind my own business—I said nothing more to him, but spoke to the landlady—he went upstairs to his own room—I heard nothing more then—I had seen the deceased between 10 and 11 that morning; at that time she had no mark on her face whatever, and appeared to be in her usual health—I knew she was pregnant—the doctor came to see her about 6 o'clock on the Wednesday evening in the following week—she had one child, a little boy not able to walk—she was a very quiet woman—I saw her on the Wednesday night between 10 and 11; the mark was not so largely raised, but it was getting discoloured—she died on the Friday, 25th, at 8 in the morning, after the doctor saw her—I was present when she died—between the time the doctor saw her on the Wednesday and the Friday morning, at 8,
she died I saw her and waited on her; she was unconscious and wan-dering in her mind—the prisoner was subsequently taken into custody—I was not present then.
Cross-examined. The prisoner was taken into custody on the Thursday night before his wife died—my husband, Thomas Holyhead, occupies the first-floor back with me—he was not with me that Sunday morning; he came in to dinner about 1.30—he did not stop long; I can't say how long—he came back late at night—we have no children living with us—Thomas Holyhead has lived with me there since the beginning of July—I swear he is my husband; we were married at St. Mary's, Lambeth—I decline to answer when—I decline to answer when my former husband. Thomas Buck-nell, died—I never heard the prisoner say that he did not like his wife to associate with me, because I had been separated from my husband—I did not say before the Magistrate I heard the sound of a blow—I said the sound of blows—the deceased did not complain to me of having slipped downstairs; she never slipped downstairs—on the 24th the prisoner went and fetched some milk and new laid eggs for me to give to his wife, and he gave me 2s. 6d. to get what she wanted—I waited on her during the confinement; there was not more flooding than usual—her face was yellow when she died—Mr. Matcham, the doctor, asked who gave the woman the black eye, and I said the prisoner—I did not tell the prisoner so in the presence of Mrs. M'Carthy's mother.
ELIZABETH GROOM . I am a widow, living on the second-floor front room at 22, Laut Street—on Sunday, 13th November, I went into the prisoner's room between 11 and 12 o'clock—the prisoner was in bed—the deceased was there dressing the little child—I went back to my own room, and five or ten minutes afterwards I heard a scuffle by the fire-place, and then a blow and a scream; the boy and the mother both screamed together—the noise proceeded from the fireplace in the back room—before I heard the blow I heard voices, but could not hear what was said—I heard the prisoner go downstairs soon after, and then the woman came into my room and picked up a small looking-glass to look at her face—she called my attention to a blow on the left temple, and a swelling of the flesh; it was raised up like my finger—I put the flat of the blade of a small knife to it to take it down—in the afternoon at 3 o'clock I heard the prisoner go upstairs into his own room and a scuffle, and she said "Oh, Jerry, don't, you have done quite enough!"—Mrs. Holyhead said she was not going to stay in a house where a woman was being slowly murdered, and Mrs. Fitzgerald, the landlady, then came upstairs—I saw the deceased again the same day; she came into my room, and said she was very low, and felt faint and sick—I saw her again from time to time up to her death—the mark on her face turned several colours; green and yellow—on the Tuesday before she died I took her up to Mr. Pond's, a chemist's shop in Trinity Street, Borough—on the Satur-day, and before the illusage, she was in her usual health.
Cross-examined. She was not suffering from jaundice on the Saturday or Sunday—I noticed it first on the Monday when I went to see her, I looked at her chest and temples, and saw they were getting yellow—I had not looked at her chest before that—I knew she had been sick before, but that had left her—I did not know how far gone in pregnancy she was—when I went into their room and saw the prisoner in bed the woman was dressing the child—it had been washed, and the mother had the
child in her lap putting its clothes on—she did not tell me that the child had thrown its clean things into the water—what I heard was the sound of scuffling and of a blow—I said at the police-court it seemed to me as if her head went against the door—I heard the child screaming—I did not hear it cry—I live on the same floor—Mrs. Holyhead lives under-neath—I never heard the woman say anything—I went with her to the chemist's shop on the Tuesday before the Wednesday when the doctor called—I think there are five families in the house now, ten grown-up people, and six children—the prisoner did not ask me to take his wife to the chemist's shop, I voluntarily took her—I don't know that the prisoner himself took her there.
MARY ANN FITZGERALD . My husband, James Fitzgerald, is a mat-maker, and we live at 22, Lant Street, which house we rent—the deceased lived on the second-floor back—she was a very kind, affectionate woman—on Sunday, 13th November, she came down into my kitchen about 1 o'clock, and showed me a bruise on her left temple; I had seen her on the Saturday morning; she had no bruise then, and no mark upon her—the same afternoon, between 2 and 3 o'clock, I heard screams coming from the room—I went up, and saw the prisoner on the stairs—I said "Mr. M'Carthy, you ought to be ashamed of using your wife so"—he made no answer, and walked upstairs—on the following Tuesday I met the deceased woman in the passage; she looked very bad—I did not see her again till she died.
Cross-examined. I live in the kitchen on the ground-floor—I heard a scream from the mother; I did not hear the child scream—I did not notice the woman had jaundice till the Tuesday—I said at the police-court she told me she had it; that referred to the Tuesday—she seemed to have a yellow cast—since her death I have spoken of the matter with Mrs. Holyhead and Mrs. Groom; we have had conversations about it.
CATHERINE WALKER . I am the wife of William Walker—we live at 24, Lant Street—I knew the deceased as a neighbour—on Sunday, 13th November, I saw her in John Street, Borougn, about 8 o'clock or half-past 8 in the evening, following the prisoner—he was making towards the Skinners' Arms, and she said," I shall follow you in and defy them to serve you, as I want food"—he said if she did not go home and hold her noise he' would kick her b—f—brains out—she said, "I don't care, you beast, if you do; you can't do any more than you have done"—she then stooped down; she used to bury her face down in her arms that he might not hurt her face—I went on, and then I heard the woman scream, and I turned round; the prisoner had his leg up in the act of kicking her—I said," Oh, you brute, leave the woman alone," and I passed on.
Cross-examined. I did not see him actually kick her then, but I had previously—I had not seen Mrs. McCarthy for a fortnight before that, I think—I did not know a great deal of her—they were then quarrelling under my window, and I said," Oh, you brute, leave the woman alone"—I did not say before the Coroner that on this Sunday he kicked her in the sides and thighs as hard as he could with his hobnailed boots—I said I had seen it before—I only had his wife's words that he had hobnailed boots on—I told the Coroner," I have frequently seen Mr. McCarthy kick his wife in a shocking manner, and use foul language and oaths"—I did not say I saw him do it on the 13th.
ALFRED MATCHAM . I am parish surgeon of St. George's—I received an order to see this woman on Wednesday, 23rd November—I law her about midday—she was in bed, in a dreamy condition—her left eye was black, or rather it was recovering from a blow; it had passed on to the green stage—the prisoner was present—I said to the woman in his presence, "How did you get that black eye?"—she replied," I don't know"—I then asked the prisoner if he knew anything about it—he said "No"—I said, "Don't tell lies; she is your wife, you must know"—he then said," Well, if you want to know, I gave it her"—she had not then been confined; there was the appearance of labour coming on—she had a labour pain while I was in the room—I gave her an order for the infirmary—the prisoner said, "Can't I get her into the hospital? I shan't let her go there"—on the 24th I sent my assistant to make inquiries—I received certain information from him, and I went to the house about half-past 5 o'clock—I then found she had already been delivered of a female child—she was quite unconscious—I examined her, and found there had been slight haemorrhage, not extensive; she was not actually flooding at that time—what I saw would not bring on the unconscious state she was in—her breathing was very deep—she was jaundiced—I should say the bruise on the eye was of a week or ten days' standing—she could not have been suffering from jaundice very long; the skin on Wednesday was very slightly jaundiced—on 25th November, at half-past 10 o'clock, I went and found that she was dead—I made a post-mortem examination next day, seven hours after death—I have the notes I made at the time—in my opinion the cause of death was inflam-mation of the brain, produced by external injury—immediately under the seat of injury on the left temple I found an inflamed surface extending more or less over the whole surface of the brain, radiating from that patch—such an injury might or might not be likely to bring on jaundice in a person whose liver was slightly diseased—I examined the liver, and on the upper portion, on the right side, I found the remnants of an old hydatic cist—the liver in the immediate vicinity of that cist was somewhat diseased—I do not think that the death could have resulted from the birth of the child—the flooding would relieve the congestion of the brain—it is an old remedy to bleed for inflammation of the brain—there was to hæmorrhage on the Thursday evening after I was called in.
Cross-examined. I am parish surgeon of a portion of St. George's—I have been so seven or eight years—I was called to see the deceased through an order which the prisoner had got—he said" I want you to come and see my wife; she is very ill; I want you to come directly"—I said "I cannot come immediately; another urgent case may turn up, but I will come as soon as I possibly can"—he did not mintion a premature confinement; I found that out myself—I don't remember whether I spoke in a harsh manner to the prisoner when I said" Don't tell lies; "I may have done so—I should think I did speak rather harshly—I examined and found that a premature confinement was imminent—I afterwards saw the child dead—it was a seven months chid—I said to the woman" Have you any one to nurse you, and any linea to wear?" and she or the prisoner said she had no one to nurse her but the husband—the infirmary is connected with the workhouse—the reason I did not call again was because the prisoner said he should try to get her into the hospital—I gave information to the police after I had
the communication from my assistant, on the Thursday evening, after I had seen that the woman was dying—I do not remember Mr. Boardman, the solicitor, asking me why I put the man in custody when the wife would probably want his assistance, or replying "This is my third mid-wifery murder case this year"—it was not my third; it was the first; I had two or three either of manslaughter or murder last year—I believe I was at the Old Bailey three times—I said at the police-court "There had been extensive haemorrhage during the night"—that was from information communicated to me, not from my own observation—there were no signs then; it might have been cleared away—if there had been extensive haemorrhage it would of course have been dangerous—haemor-rhage of any kind is very dangerous to man or woman—I have never found flooding after delivery cause death—I am speaking with a personal experience of 2,500 cases, and I have never lost a case by post-partem haemorrhage; I know it from recorded cases of course—confinement at seven months is not very much more dangerous than at the full time; it is to the child, but not to the mother—I do not deny that flooding after birth is intensely dangerous, or that" there is no contingency in which the life of a patient depends so completely upon the coolness, decision, and promptitude of the attendant—if a medical man loses his head he will probably lose his patient."—judging from what I saw on Wednesday the jaundice was so slight that I should say it was com-paratively recent; I should say it had not existed a month—supposing the woman a fortnight before death had received a blow on the head which had caused what I saw, that would tend to bring on premature confinement, I should say in from 24 hours to 14 or 21 days—I cannot say that it was the cause of the premature confinement, but it might have been—she also had a blow at the back of the spine about the size of; he palm of my right hand; I saw no other bruise—she was a fairly will-nourished woman, not like a person who suffered from want of food—the bruise at the back was just over the kidneys; apparently about the same date as the other, because there was about the same amount of discoloration—assuming that there had been excessive hœmorrhage, and that there was a lack of promptitude or decision on the part of the attendant, I do not think that that would account for her death; the condition in which I found her was certainly not one from loss of blood; in my opinion inflammation of the brain caused the death—I consider that the inflammation of the brain was the result of the blew which I noticed on the eye, whenever that was inflicted—there need not have been severe concussion at the time the blow was given; there must of course be some; it depends upon the severity of it—a blow might cause inflammation ultimately, although there might be no severe con-cussion at the time—I gave information about the prisoner on the Thus—day, because the woman was dying; I had no feeling against the man—I made the post-mortem examination seven hours after death—it did occur to me to call in another medical man; I asked the divisional surgeon and also Mr. Warner and another gentleman to attend.
Re-examined. The bruise I saw at the bottom of the spine was such as might be caused by a kick from a heavy boot.
By the COURT. Supposing the woman had died in consequens of her confinement, she would probably have been conscious on my arrival; very much bleached and sleepy, and on being aroused would answer
questions coherently; gaping or yawning is a very marked symptom—if she had died from flooding there would be the absence of blood in almost all the organs of the body; the lungs especially would be bleached and dry to the touch, and the spleen would be very pale—flooding is nothing more or less than bleeding to death; in that case I should expect to find blood absent and the body bleached—it was not so in this case—she could not be roused to consciousness—her face was not bleached, but congested—she did not yawn, she snored—blood was not absent from the organs—the lungs were moist and contained a normal quantity of air and blood—the spleen was not pale—in the case of a person dying from inflammation of the brain, I should expect to find in the last stage general insensibility, with occasional delirium, ending in perfect coma—she was just merging into that condition when I saw her, getting dreamy and rolling her head about—that was on the Thursday—on the Wednesday she was in a transition state—on the Thursday perfectly comatose—I was not with her when she died—I do not think she died of jaundice.
ELLEN HOLYHEAD (Recalled). I attended the deceased at the time of her death, except on Thursday night I was absent—I saw her on the Friday morning, about 7.30, she was then unconscious—she had been unconscious from the Thursday morning—she did not speak at all—she was a little delirious on Wednesday night—between 6 and 7 o'clock on the Thursday morning she was begging us to let her get out of bed; she must have been delirious then; after that she laid quietly; she snored and breathed heavily.
SAMUEL BERNARD ALFRED EDSALL . I am a student of medicine at Guy's—on Wednesday, 23rd November, at 6 o'clock in the evening, I was called to see the deceased—Mr. Warner, who is obstetric assistant at Guy's, went with me, and I assisted him in delivering the woman about a quarter of an hour after we got there—when Mr. Warner left, about half an hour after the delivery, she was still flooding—I was left behind to watch her, and to arrest the haemorrhage—I stayed till 3 o'clock in the morning—there was very little flooding as far as I could see; it had quite stopped when I left—I went next day, Thursday, about 4 o'clock in the afternoon—I examined her; there was no sign of the flooding having returned—she was very much jaundiced; she had a quick, thin, feeble pulse, her pupils were very much dilated, her skin was hot, and she was delirious—I found Mr. Matcham's assistant there, and I left him in charge of the woman.
Cross-examined. I did not deliver the woman—I may have said at the police-court I delivered the woman under Mr. Warner's supervision—we both assisted—he is my superior—I am sent for the very purpose of delivering women—I have been a student barely four years—before passing examinations we have to accomplish twenty deliveries—I was not sent for in this case to complete the twenty; I had completed that some time before—the flooding did not cause me any anxiety; I have seen worse cases get perfectly well—I left directions for brandy to be given her; I think she had a few teaspoonfuls.
PERCY WARNER . I am obstetric assistant at Guy's, and M.R.C.S.—on Wednesday, 23rd November, I saw the prisoner at the hospital—he told me his wife was ill, that she was in fact in labour, and asked me to send some one down to see her—I sent Mr. Wenyon first, and Mr. Edsall
and I went afterwards, about 5.30—I found the deceased lying in bed; she was conscious, but in a very peculiar condition; her pulse was very quick, she had a dry brown tongue, the skin was hot—when I asked her questions she did not answer in a rational way, but more or less inco-herently; in fact she did not answer the questions at all, but rambled on to something else—she was delivered about a quarter of an hour after we got there—the child was alive at birth—it was about a seven months' child—there was haemorrhage, not very severe, not more than one sees in a large number of cases—I left Mr. Edsall there with instructions what to do—in my opinion there was nothing in her condition to cause death—I thought she was in a condition to make one anxious, but I did not think she was going to die so quickly—I did not consider the haemor-rhage dangerous, or I should have stopped—it was not sufficient to cause death in my opinion—the appearances were consistent with inflammation of the brain.
Cross-examined. At the time I left the haemorrhage was more than usually occurs, but not more than occurs in a large number of cases—I did not see the body after death—I did not think she was going to die—the cause of anxiety was not the haemorrhage alone, it was her general condition—ice was sent to Mr. Edsall—I am not quite certain whether I sent it—I told him to send for some if the haemorrhage did not stop—it is very unusual for a person prematurely confined of a seven months' child to die—I should not think it more dangerous to be confined of a seven months' child than a nine months'—if a man struck a woman a blow with considerable force with his fist on the temple that might cause inflammation of the brain 10 days afterwards—I should not expect immediate symptoms of concussion in such a case; it is just the case in which there would not be immediate symptoms of concussion—such a thing does occur, but it is not very common.
THOMAS PICKLES (Police Sergeant). I arrested the prisoner on 24th November—at that time his wife was alive—I told him I should take him to the station for assaulting his wife—he said "I thought you wanted me for something else; I have been to the hospital to get some medicine for her, but I went to the wrong place"—at the station he asked if he could have bail—I said "I think not, the doctor says your wife's life is in danger from your violence"—he said" She fell down-stairs on Sunday week and hurt her back and also her head," pointing to his forehead—when the charge was read over to him, he said he had not struck his wife for a month.
The following witnesses were called for the defence:—
MARY MURPHY . I am the wife of John Murphy, and live at 3, Mason's Buildings, High Street, Borough—the prisoner came to lodge with me last October twelvemonth—his wife came about a fortnight after—they remained about nine months—during that, time he was a fond, kind husband, and a kind father to his child, and a good many more can say the same—they left me on 4th June to go to Lant Street—the deceased was not suffering from jaundice when she left my place—I often saw her after she left—I first noticed symptoms of jaundice on the Saturday before she died, when she came to my house; she was going to meet her husband at Aldgate, where he was at work—I went with her, and we met him—I did not notice any blow on her forehead—I was called to her on her confinement—I went to her about 7.30 on the Thursday evening, and
they told me she had been confined at 2 o'clock on the Wednesday morn-ing; she was asleep and snoring—after a little while she woke up, and spoke to me—she spoke sensibly enough—I left about half an hour before her death—she told me she felt very bad with a pain in her head; she wanted to see her husband, because she felt that she was dying—this was about 7.30 on the Thursday evening; she died at 8 o'clock on Friday morning. (MR. FILLAN proposed that evidence of the statement made by the deceased to the witness should be received as a dying declaration. MR. WILLIAMS submitted that before this could be done it must be shown not only thai the woman said she felt she was dying, but that proof must bs given that she was so, and that she had given up all hope of recovery.) She said she did not expect to get well, that was the reason she said she should like to see her husband. (MR. JUSTICE STEPHEN, after this, considered the evidence admissible.) I said to her "You are very bad"—she said "Yes, I am; I was never well since I fell on the stairs; I should like to see my husband, because I feel as though I was dying"—I said "Did your husband strike you?"—she said" No, he did not strike me; I never felt well since I fell down the stairs"—I am the mother of eight children; while I was there the deceased had a flooding till she died—she was very bad all night—we had to change, her linen three or four times during the night, and it went through the bed on to the boards—no doctor came all the time I was there.
Cross-examined. We did not send for any medical man—we could not go to the parish doctor; we did not know where he lived—I did not see Mrs. Fitzgerald, the landlady; she never came upstairs while I was there—I saw her downstairs—I did not tell her the state the woman was in because she went to bed—I told Mrs. Holyhead and Mrs. Groom the state she was in—I asked if her husband struck her, because I heard that he was locked up for striking her—I did not mention it before the Magis-trate; I was going to, but they would not let me speak—the deceased said she fell downstairs with a pail in her hand, and hurt her back, and struck her head against the wall—I gave her some brandy and milk in the night.
MARY M'CARTHY . I am the prisoner's mother—I had a letter from him asking me to come up on the Thursday as his wife was confined—I got there at 4 o'clock that day; I scarcely knew her, as she had changed her colour; she had the yellow jaundice and she had a very bad flooding I stopped through the night till she died at 8 o'clock next morning—Mrs. Groom was not in the room all the time, she went to bed, and Mrs. Holyhead too—I was present when the deceased said "I should like to see Jerry"—I said he was out—I did not like to tell her that he was locked up—she was sleepy and dosey and would snore, and then rouse up again—there was nothing to give her but the jaundice medicine, and when Mr. Matcham came he put it in his pocket—I did not know he was a doctor; he took not the slightest notice of the woman; he stopped about two or three minutes, he looked at her and went downstairs on the landing talking to Mrs. Holyhead—the deceased knew me directly she saw me and shook hands, and then fell off as if she was sleepy—I said "Cheer up, my girl, you shall be all right yet"—she said "Mother, I never was right since I slipped downstairs and hurt my back and my head"—she said she thought she should die; she said "I feel I am dying, do take care of my little boy. "
Cross-examined. I was there on the Thursday when Mr. Matcham came—he did not turn down the clothes to look at the bed, he never touched them—he did not examine her in my presence. I was notexamined before the Magistrate—I was there but not called.
HORACE SIDNEY HOWELL , F.R.C.S. and a graduate in medicine. I am attending here in another case, and have been accidentally present and heard the evidence in this case—flooding is a dangerous thing, but the death as it is said to have taken place in this case would not be a probable result; the death would be from syncope, from coma, that would not be a result of extensive or recurring flooding—coma is a very frequent termination of jaundice—the circulation of bile in the blood produces the state of coma, and therefore the fatal result—the symptoms of jaundice being contemporaneous with the confinement would, in my opinion, be consistent with her death; the jaundice would produce the premature confinement, and that would produce coma and death—I think it unlikely that inflammation should set in ten days after a blow, if there was no active concussion at the time or immediately after; it would be very uncommon—I never knew a person to have a blow and immediately afterwards to walk downstairs, talk intelligibly, go out and talk to persons, and then a fitful kind of dreamy condition come on, afterwards terminating in death; it would be inconsistent with active sypmtoms—a person dying in the manner described, I should not say there was necessarily any connection between the blow and the death—I would not say it was impossible, but improbable—if a person had jaundice and was prematurely confined of a seven months' child with unusual flooding, I should not consider death improbable—the coma would not influence my opinion.
Cross-examined. I knew nothing whatever of the case till I came into Court—I simply give my opinion from what I have heard here; I never saw the person—the symptoms do not indicate syncope, but coma—I agree that in the case of brain irritation there would be a quick pulse, a dry brown tongue, a hot skin, vomiting in the early stages, restlessness, delirium, stertorous breathing in the last stages, and coma—in the case of flooding there would be pallor and yawning, and after death scarcely any blood in the organs, the lungs pale and dry, and the spleen pale.
Re-examined. Those are all symptoms of jaundice; any great mental or bodily shock may produce jaundice in a person predisposed to it.
By MR. WILLIAMS. Jaundice may be caused by brain mischief.
By the COURT. A competent medical man conducting a post-mortem examination would be able to say with confidence whether on a particular part of the brain there was a patch of inflammation; that is a sort of thing which there could be no mistake about, or whether there was or no inflammation radiating from that patch over the other portions of the brain—in such a case I should consider that that state of the brain contributed to the death—I should find it exceedingly difficult to connect the blow with the jaundice—if the patch of inflammation was found immediately under the spot where the blow was inflicted I should decidedly connect the blow with the inflammation; I should consider that the blow caused the inflammation; jaundice would be most unlikely to cause that—flooding would be most unlikely to produce inflammation of the brain; it would operate to relieve the inflammation—it would not be an immediate result—if a woman were drained of blood she would be
more likely, when reaction set in, to succumb to any inflammatory disease; I have found it so in my experience where the patient has recovered from the flooding; the immediate effect would be to prevent it—I agree practically with the evidence given that a seven months' delivery is in itself not more dangerous than another; it is slightly more so.
DAVID JOHN ALLEN . I am a divisional surgeon of police, and have been so nearly thirty years—I have had a great number of cases of blows on the head to attend to, and cases where they have ended in death within 10 days—it is not a common occurrence, but a person may receive a blow producing unpleasant symptoms at the time, and yet go about their usual business, and in 10 or 12 days bad symptoms may set in—jaundice from diseased lungs during pregnancy may produce blood-poisoning, and death may result from that—a recurring haemorrhage is a very dangerous thing—coma is an invariable result in blood-poisoning from jaundice—you may have inflammation of the brain or the heart, and death may result.
Cross-examined. I am accidentally in Court to-day—I have heard Mr. Howell's evidence—I do not agree with him entirely—I differ with him about a person being able to walk about for days—in a case of blood-poisoning every organ of the body is affected.
By the COURT. When jaundice is the result of a violent blow it follows soon after the blow, in a few hours, it might be a day or two, particularly about the sixth or seventh month of pregnancy—a slip downstairs or any shock might cause it—irritation of the brain would not tend to produce jaundice unless there was some scirrhosis of the liver, then vomiting would be the result, and very likely jaundice would follow—inflammation of the brain would be likely to produce premature birth, or a fright or shock might do it—if a person had inflammation of the brain after a premature con finement with comatose symptoms I should not consider that the inflammation of itself was connected with the death, but as a remote cause of bringing on the labour—I agree with Mr. Matcham that there would be a marked distinction between death from the consequences of a confinement and from inflammation of the brain, but not so marked between death from inflammation of the brain and from jaundice—I should ascribe it ia this case to the jaundice—when a person has jaundice the whole of the bile is absorbed into the blood, and you would have blood-poisoning from that—in a case of a person having jaundice and dying, and after death inflammation of the brain is found, it would be difficult to say whether the person died from one or the other—if the jaundice came on immediately after the inflammation of the brain I should say that in-flammation caused the jaundice—the bad symptoms from a blow do not immediately follow—if jaundice followed in two days I should say the blow caused the jaundice, and then the inflammation of the brain, and then death—it would be impossible to tell with any certainty that the jaundice was the result of the blow.
ALFRED MATCHAM (Re-examined by MR. WILLIAMS). I only visited the deceased once on the Thursday—I turned the bed down for the purpose of seeing whether there were any signs of the flooding having recurred—it is quite untrue that there was the slightest sign of it; the bed was beautifully clean, and all nice and tidy.
By MR. FILLAN. The woman was in a dying condition then—I went
to the relieving officer, and told him if application was made to him she was to have half a pint of brandy, and I then went to the police to have the prisoner locked up.
ELIZABETH GROOM (Re-examined by MR. WILLIAMS). I was with the deceased the night she died—I went between 7 and 8; I went to call my son up and went back—I did not go to bed—I sat with her nearly all night and fed her—I did not look at the bed, but I looked at her once in the night and she was all right—I saw no sign of blood; she was as dry as my hand.
By MR. FILLAN. I did not look at her when I went in; it was not requisite—I could see she was all right—Mrs. McCarthy and Mrs. Murphy were there attending to her—I fed her with the stuff the prisoner brought—there was brandy and egg and brandy and water, twopenny-worth of brandy—I sat on the side of the bed—Mrs. McCarthy was look-ing into the boxes for a clean chemise, but she did not require it—Mrs. Murphy was asleep the greater part of the time—Mrs. Holyhead was not there; she went away because she had been up all the night before, but she came in the morning—I saw a box with some dirty linen in it—it was not dirty linen that wiped tip the blood—there was no flooding while I was there—no clothes were used for that purpose while I was there.
GUILTY .— Seven Years' Penal Servitude.
MR. LILLEY Prosecuted.
THOMAS GODFREY . I am a bricklayer's labourer living at Kingston-on-Thames—on Saturday, 24th December, I was outside the public-house called the Flowerpot with the deceased man William Punter, the prisoner, and others—Punter was my father-in-law—there was a quarrel between Jack Jeff and my father-in-law—I heard the prisoner say something to Punter about the change out of a shilling; he said "Swilley, you can have the change out of the shilling"—Swilley was a nickname of my father-in-law's—he said" All right" to the prisoner, and the prisoner said "Come up a little higher and I will give it to you"—they went to the Gloucester Road, a little farther up; Thompson took his coat and hand-kerchief and shirt off, and Punter took his hat and jacket and stock off, and they began fighting—Thompson gave the first blow and knocked Punter down; then my father-in-law got up and knocked the prisoner down; I then went away to fetch the police, and saw nothing of the last round—when I came back I saw blood lying in the road, and Punter was in his brother's house, where he had been moved—Punter had had a pint of beer in the Flowerpot—I was outside and did not go in—Thomp-son had most beer when they went to fight.
Cross-examined by the Prisoner. I and my father-in-law and mother-in-law did not say to you" We are going to have a row with you about your brother's affair"—Jeffery did not tell my father-in-law that he did not want any row there—I went up to the Sir Robert Peel with my brother afterwards—I did not go in the Flowerpot at ail—my father-in-law put his arm on your shoulder, and hit you under the chin with his elbow.
CAROLINE DRUCE . I am married, and live at Maldon, near Kingston—on Saturday night, 24th December, I was in the Gloucester Road; I saw the prisoner and Punter there—I saw the prisoner first; he had no
shirt on; he passed me within two yards of the place where they fought—I saw the prisoner knock Punter down; he got up and was knocked down again, and the prisoner struck him under the right ear, and he went up in the air and fell down at my feet—the road was not a hard road—I asked some one to pick the man up, and some one did, and I went into the cottage and washed his face and administered brandy till the doctor came.
Cross-examined. I did not see him knock you down—I did not see you fall at all.
By the COURT One was as bad as the other—it was a regular stand-up fight.
WILLIAM BIGGS. I am a bricklayer, of Cambridge Bond, Norbiton—on the night of the 24th, about 10 o'clock, as I was going home, I heard quarrelling inside the Flowerpot between James Thompson and Punter—I heard Punter say "Come on, James, let's go and settle our affair;" the prisoner replied" I don't want to fight you, Swilley" and the land-lord then turned them out—the prisoner remained inside—I went indoors and took my boots off, and was going to bed when I heard a disturbance outside, and I saw Punter stripped, with his wife carrying his clothes, and Thompson was following behind, also stripped—I saw the first round, it was only a bit of a huggle; then in the next round the prisoner knocked the deceased down, and then Punter tried to hit the prisoner, and he slipped away and caught him in the right ear-hole, and knocked him down in the road—Punter's wife kept bringing him up, and saying "Give it the b——bully."
Cross-examined. You stayed and assisted him all the while afterwards—I believe you sent for the brandy.
THOMAS RAPPS (Policeman V 182). On 24th December, about 11.30, I received some information, and went to the house near the Gloucester Road, where I found the deceased man, Punter, lying on a sofa in a state of insensibility—Dr. Harris came shortly after, and by his direction he was conveyed to the infirmary—the prisoner remained and rendered assistance the whole time.
RICHARD DONALD HARRIS . I am M.R.C.S., residing at Kingston, and am surgeon to the Union workhouse—I knew the deceased man, Punter, for some years—on 24th December, late at night, he was brought to the infirmary—I saw him on the next day, Sunday (Christmas Day), in the afternoon, and attended him from that time till his death on Friday night, 30th—I afterwards made a post-mortem examination by the Coroner's direction—the cause of death I found to be a fractured skull; the fracture extended half way round the base of the skull—it was not caused by a direct blow; it was caused by the fall which he had to the ground—the blow had nothing to do with the fracture; it was the falling on the back of his head which caused the fracture.
Prisoner's Defence. On the Saturday night I was in the Flowerpot, when Punter came in, and said "I am going to have a row with you." He put his elbow on my shoulder and knocked me under the chin, and I remonstrated with him, and we fought. After the fight I gave him all the assistance I could. I was very sorry it had happened.
GUILTY .— One Month's Hard Labour.
Before Mr. Recorder.
MESSRS MONTAGU WILLIAMS and MEAD Prosecuted; MB. GILL defended
WALTER MOORE . I live at the Regent's Arms, New Street, Lime-house—on 5th April I saw an advertisement in one of the daily papers for a manager for a beerhouse—I answered it to 50, Baker's Row, and on receiving a reply I called there, and saw O'Neill and a man named Johnson—I went with him from there to the Regent's Arms—O'Neill said he had just taken the house, and wanted a manager for it, and he believed there would be a good business done—he said he required a deposit of 50l.—this was on Friday—I said I would call again next day, as I had not got the money with me—I did call next day, and saw O'Neill at 50, Baker's Row—he said that he had got a good business there as a coffee-house and several beds, and was doing a very good trade—Johnson was in the coffee-shop, and said it would be a good thing for me to manage the beerhouse—O'Neill was present; he said the house belonged to himself, that it was his own property—I paid him 5l. deposit on the Saturday, and entered into this agreement. (This was dated the 6th April between O'Neill and the witness, by which he was to be engaged as manager of the Regent's Arms for six months at a salary of 25s. a week, the witness agreeing to deposit 50l., for which he was to receive 21/2 per cent., payable monthly. To this was attached a receipt for the 5l. and for the balance on the 12th April.) The agreement was to expire on 10th October—I went to the business to manage it, and have been there ever since—I gave him a month's notice—I have paid the whole of the 50l.—I did not speak to him about my money till the time of the agreement ex-piring—I then asked him if he was prepared to pay me my money back and let me go—he said he could not pay me just then, and asked if I would take it by instalments—I said yes, I would take 25l. down and 25l. in three months if he would go to my solicitor and give me a proper receipt for it—I received this letter from him before I had that conver sation. (This was a notice to terminate the agreement on Saturday next, in consequence of its being alleged that the witness absented himself from the premises, and returned late, unfit for business.) That is dated June 22nd—there is no truth whatever in that statement—after I had asked for my money back a man named Ockwell called on me, and in consequence of what he said I declined to give up possession of the place, not being able to get my money—while I was there a person was in possession under a bill of sale; he paid the landlord his rent, and kept possession, and I now continue to hold under the holder of the bill of sale—I never got a penny of my money back.
Cross-examined by O'Neill. I have been in the Regent's Arms ever since 9th April—I got 25s. a week and my board and lodging; I had that regularly till you were apprehended—my son was there for about three months, and had his board and lodging—I was not 20l. short in stock—a Mr. Chaplin came, and went through the stock; I did not take stock with him—before I signed this agreement I went to a solicitor in Arbour Square, and he said it was legal—I did not ask any one about your position there; I took your word for what you told me—I had been a manager of a public-house before—when I was out I left my boy of
14 and the potman to manage—I believe his name is Clarke, but you sent so many people there I really don't know—I was not drunk and in-capable while I was there—I received a letter from a Mr. Richardson, a solicitor, offering 20l. for my 50l., but I would not take it—Ockwell slept one night at the house, and he said he had lost a half-sovereign there; I don't know where he lost it—he said he thought one of the lodgers must have taken it.
Re-examined. Ockwell came to ask me if I was going to leave the Regent's Arms, as he was going to be manager—he said O'Neill had engaged him.
LAWRENCE SULLIVAN . I am a traveller, and live at 82, Faraday Street, Wal-worth Road—in June last I saw an advertisement in the Daily Chronicle, which I replied to, and went to 50, Baker Row, and saw O'Neill—he suggested that I should assist in the management of his business there, or in any other business that he might carry on—he asked me how much I would deposit—I said "Forty pounds"—an agreement was signed between us, and I paid him the 40l.; I was to take charge of the place in his absence, and look after his business both at Baker's Row and the Regent's Arms—a few days after signing the agreement I went to Baker's Row, and took charge of the business—I received 1l. 5s. per week—I remained there 10 weeks, receiving 5l. 10s. altogether—at the end of that time, in consequence of what I saw and heard, I demanded the return of my deposit—I only got 2l., the balance of my wages—I wrote this letter. (This stated that unless 30l. was paid on or before the following Wednesday, and the remainder by instalments, he should put the matter in the hands of his solicitor.) I saw Lyons at the house about half a dozen times; he was writing letters, or something, in the kitchen—O'Neill was generally there—I never got a penny of my 40l.
ELIZABETH THOMPSON . I live at 12, Great Smith Street, Westminster, and am a widow—at the latter end of July last I saw an advertisement in the Daily Chronicle, in consequence of which I wrote to 50, Baker Row, and received this reply, asking me to call there—I went there on the following Thursday, and saw O'Neil—he showed me the coffee-house; it was furnished—he said the furniture was all his own; I was to be housekeeper—he said I was to take the management of the house, and his wife was going to the beershop at Limehouse—I was to pay 20l. down as a deposit—I paid 3l. on the Friday when he called on me at 32, Chapel Street, Westminster, where I was then staying, and gave me this receipt; it was arranged that the agreement was to be signed on 2nd August, and on that day I went to Baker Row, and signed thie agreement. (This was to the same effect as the former, and was witnessed by Lawrence Sullivan; attached to it was also a receipt for 20l.) I paid him the 17l. balance then, and took the management of the place—in the following September. O'Neill told me that he had a beerhouse, the Regent's Arms at Limehouse, and that I and my son could manage that—he asked me what 1 could pay as a deposit—I said I could pay him 10l. down; he did not pay me any wages while I was at Baker Row—I did not receive any money till the 21st—I paid him a further sum of 10l. on 8th September, and he gave me this receipt. (This was a receipt for 36l. 8s.) The 6l. was due to me for wages, and the 8s. for interest—I did not take possession of the Regent's Arms; it was never convenient to go, as the other manager had not left—I was constantly asking O'Neill when I was to go there—
he replied I should go shortly, it was not quite convenient, as the other manager had not left, and I remained at Baker's Row—on or about 20th October I saw a man named Cress, and after some conversation with him I told O'Neill he must pay me and let me go—I told him I thought it was very strange conduct for him to have another manager in, and say nothing to me about it—I told him that Cress had told me that he had come there to be manager at Baker's Row, and as I was not wanted he had better pay me and let me go—he said he would do so—Cress did come as manager, and I remained on till O'Neill was taken into custody—during the whole time I was there I never received any more money than 3l. 10s.—while I was there several people called about the Regent's Arms, and some about Baker's Row, and some about Burdett Road, as managers—I saw Lyons at Baker's Row very frequently—the people who called generally saw O'Neill; nobody else—I think Lyons did not interfere in the management of the business in any way—it was a very quiet little business that was done at Baker's Row—'Lyons took his meals there occasionally; generally with O'Neill—when Cress came O'Neill told me that he had taken lodgings for me at 13, Brady Street, and I went there to sleep because Cress had my room—he told me he would pay me in a fortnight, but he did not—I believed his representations that the furniture was all his own, and it was on that belief that I parted with my money.
Cross-examined by O'Neill. I paid the 10l. deposit to go into the Regent's Arms—I never said I wished to purchase it—my son went with me to look at it; he left the matter to me—Mr. Chaplin was very often there—nothing was said about the furniture at Baker's Row being on hire—I did not ask you that question in Sullivan's presence, or in the presence'of a Mr. Mason; he was there at the time I was engaged—I did not ask him or anybody any questions; I do not know how many lodgers there were—I had nothing to do with the upstairs; the house was always conducted very well as far as I knew—you promised to pay me several times; you told Cress not to let me come near the place—I don't recollect that you told me not to leave till I got my money; you might have said to—I stopped there till you were arrested.
Cross-examined by MR. GILL. I was there 14 weeks—the witness Sulli-van was there for a short time—I was employed in the kitchen during the day—I saw a great many people there; a Mr. Nares was frequently there—I don't know who he was—Sullivan was acting as clerk to Mr. Nares, and he wrote out the agreement, and witnessed it—I think he took it to Somerset House and got it stamped.
JOHN TANNER . I am a pastrycook and confectioner, of 67, North Street, Poplar—in consequence of seeing an advertisement in the Daily Chronicle about the middle of August, I went to the office of Lambert and Co., in Bishopsgate Street—I there saw O'Neill—he gave this card (produced)—I had a conversation with him about the management of the house in Baker's Row, or the house in Gill Street, Limehouse—he asked me what money I could deposit as security—I said I could not deposit any money, but I could give security in a life policy for 300l.—he took that, and I met him by appointment, and looked over both places—he said the policies were of no value if anything turned wrong he could not turn them into money—he wanted 40l. as security that I should carry on the management right—I said I would give him 25l.—he asked me for 5l. on
account—I had then in my possession a cheque for 9l. 2s. 7d.—it was just about 4 o'clock, too late to get it cashed, and he said he would get it passed through one of his tradesmen, and give me the balance at the next appointment in two or three days' time—I gave him the cheque, and he gave me this receipt for it—we appointed to meet at Lamberts office two or three days after at 10 o'clock—I went there at ten, he was not there—I returned at 10.30, and they said he had come in, and gone again, and would be there in the afternoon—I went in the afternoon; he was not there then, but he had left word that he would not take less than 40l. security—I left word that I would not give that—I afterwards received this letter, stating that he would forward me the amount of the cheque-that was in answer to a postcard I had sent him—on 6th September I got this memorandum, and also this letter on September 15th, stating that he would attend to the matter in a few days—he said he had given the cheque to a brewer in Commercial Street, who was out of town, and had not come back, but that he had asked him to send me the money—I called again but did not see him—I found out the brewer, and spoke to him about it, and he told me that Mr. O'Neill had got the cash—I then went to a solicitor—I saw O'Neill afterwards, and he promised to pay me by instalments—he did pay me 2l., but no more, and never carried out the agreement.
Cross-examined by O'Neill. Mr. Hare was the solicitor I went to—he wrote to you, and I believe you called on him—I believe he wanted you to pay four guineas for expenses besides the amount—I signed an agree-ment to take 12l., but I never got it.
Cross-examined by MR. GILL. Lamberts were the people I first saw in the matter acting for O'Neill—I saw a clerk of theirs named Nares; he drew up the agreement.
THOMAS CLARK . I am a schoolmaster at Riverhead, Sevenoaks—I have six children—in the early part of August I saw an advertisement in the Daily Chronicle with regard to the management of a public-house—in consequence of that I went to 90, Bishopsgate Street—I there saw O'Neill—I told him I had come about the advertisement, and that I wished to take the situation if I could—he said, "Well, I do want one"—he asked me when I was going back; I said "To-night"—he said" That is a pity, because I should like you to see over the two places that I have in order to satisfy yourself; can you come up again?"—he asked whether I was prepared to deposit 40l. as security for good faith and honesty—I then went back to Sevenoaks, and came up again on the following Friday—I met O'Neill at the same place, and went with him to 50, Baker's Row—I looked over the place—he said "This is all my own," referring to the furniture," and stock in trade, rent and taxes, and everything is paid for; there are 30 beds here, and I let them for 2s. 6d. a week, including lodging and washing "—he also took me to the Regent's Arms, and told me just the same as to that—there was a coffee-house adjoining, which he said he was going to furnish, and that all the furniture was ordered and paid for—I saw over that place, and it was arranged that I should be manager of a coffee-house which he had taken in Burdett Road-we then came to Bishopsgate Street, and he asked me if I had any money to bind the agreement—I said "I don't happen to have any"—he asked me when I could bring it, and finally agreed to accept 30l., 20l. to be paid down, and a bond from a friend of mine for
10l. more—on the 30th August I paid him 10l., and he gave me this receipt, and I subsequently signed this agreement, expecting to get this situation—I gave up my school—I was never put into the coffee-house in Burdett Road—I applied to him many times to put me in—I received letters from him, but never got the situation or any of my money back—I got 5l. as wages after frequently applying to him, and I got that in different instalments—he told me he could not write himself, he always got some one else to write his letters.
Cross-examined by O'Neill. I did not pay the money to Nares, I paid it to you—my friend was present when the agreement was signed—he is not here—the Magistrate did not say he was to come up—I have not seen Nares since these proceedings commenced—you never offered to give me back the 10l. and have nothing more to do with it—you gave me notice to terminate the agreement, and said you hoped to pay me my wages next week—you told me you had given Nares a post-office order for 3l. 15s. to send to me—I never received it—I did not go to Bishops-gate Street to inquire about it, because I did not believe what you said, as you had deceived me so many times—you said that Nares had spent 15s. of the money.
JOHN OCKWELL . I live at 12, Trinity Street, Borough—I have been a gentleman's servant—on 10th October I inserted an advertisement in the Daily Chronicle, and on the same day I received this answer from O'Neill, in consequence of which I called at 50, Baker's Row, and saw him; he took me over the house—I said "I have come in answer to your letter respecting a manager"—he said "Oh, yes, I want a young man as manager, and if you will stick to me you will never have cause to regret meeting me; you see what I am, I am an honest straightforward man myself, and want some one I can put dependence on; I shall, of course, require a deposit as security as manager, and when you like to name a date and pay the deposit, 40l., everything will be ready for you to take possession"—I asked him if the place was encumbered in any way—he said "There is no encumbrance whatever, everything you see is all my own, and not even a tradesman can walk into the house and say 'You owe me a half-crown,' and it is my own four limbs I have to thank for it".—believing his statement I said I would call and see him again—I called on the 12th, I think, and saw O'Neill again and then paid him 10s. deposit; that was at his suggestion—I said that was all I could pay at present because I had not drawn my money out of the bank—that same evening I was outside the house with Henry Turner, my brother-in-law, and O'Neill came out and said "If you don't feel satisfied, Mr. Ockwell, come inside and I will refund you your half-sovereign"—I said I was perfectly satisfied; I was merely showing my brother-in-law the outside of the house—on the Friday night I went with Turner's brother and saw O'Neill again, and said "I would rather not have anything to do with the coffee-house"—he then asked if I would like to manage the Regent's Arms—I had been over it—he said it was his own property—I asked him if it was wholly unencumbered and he said the same as Baker's Row, and if I would deposit 40l. I could take the management in a week—I declined it—he said he was sorry for that, because I was a respectable young man and he should like to have me—he then suggested that I should deposit 20l.—I said "I will deposit 10l. and have a three months' agreement, and if I find you a
straightforward man we will go into a further arrangement"—he sub sequently agreed to those terms, and I was to go in—the agreement was drawn up on the 17th and I paid him 10l., believing his statement—I had everything ready to go in; I met him outside the post-office in Blackman Street, and he then said "I am sorry I can't make it con venient to put you into the Regent's Arms to-day; if it would not make any difference to you I will pay you your week's wages, and everything shall be ready for you on Monday next"—he never did put me in the premises—I made four applications to put me in or give me my money back—Lyons was present when I paid O'Neill the money outside the post-office—I asked for security for my 10l.—O'Neill asked what security I would like to have—I said I did not know exactly what security he could give me—he suggested a bill—I said "Very well, that will do if it is signed by a respectable man," and I suggested Mr. Chaplin—he said "No," and asked if Lyons would not do—he represented him to be a house agent with a respectable connection—after some little time I consented and this note was handed to me: "We jointly and severally agree to pay to J. Ockwell 10l. three months from date. Signed J. O'Neill, Jas. Lyons"—Lyons drew that up—he told me he had known O'Neill for years, that he had known him to be a thoroughly respectable hard working man, and that I should not be wrong in trusting myself in his hands; in fact, I ought to think myself lucky in meeting with such a man—I was unable to get my money back, and placed the matter in the hands of my solicitor—this (produced) is the agreement that was signed—I did not see Lyons draw it, but he told me himself that he drew it up—I believe the 10s. I paid O'Neill went to pay for it, and I paid another 6d. to Lyons to make it 10s. 6d.
Cross-examined by O'Neill. No one was with me when I first called on the 12th—I looked through the house—you told me there were thirty-three beds—I did not count them—I also went to the Regent's Arms with you—I did not see Moore there that day—I went next day with my sister, and I asked in her presence if the place was encumbered—she is not here—I paid the 10s. deposit in her presence—you told me I might make any inquiry I thought proper in the neighbourhood—I did not do so—the agreement was signed on Saturday, the 15th; it was not agreed that I should go first for a week to Baker's Row—I was at the Regent's Arms several times, and one night I slept there and was robbed of half a sovereign; I was sober—I received a week's wages and gave you a receipt for it—you told me to go to Mr. Chaplin, the agent, and I did so—you asked me for a reference—I declined to give one—I was paid a second week's wages—before the third week was due I commenced proceedings—there was no one present when I demanded my money back, you took jolly good care of that.
Cross-examined by MR. GILL. I first saw Lyons when the agreement was drawn up and shown to me—the 10s. deposit had been paid then—he told me he was an agent to draw up the agreement, and he was to be paid a guinea for it.
BARTHOLOMEW CRESS . I am a coffee-house keeper—on 15th October I saw an advertisement in the Daily Chronicle, in consequence of which I called that same day at Three Colt Lane—I there saw a man named Mason, who took me to Baker's Row, where I saw O'Neill; I told him I had called in consequence of the advertisement for an assistant to
manage a coffee and lodging-house, and that I was prepared to pay 40l. as required—he told me to call again; I did call again on the Monday morning and saw him; he wished me to look round at the property—I told him the money I had was in a Post-office Sayings Bank, and it would take three days' notice to get it out—he said it was a good prosperous business, that he took 30l. weekly, and that he did not owe anything—I ultimately agreed to advance 40l., and this agreement was drawn up by Lyons, and a guinea was paid to him for doing it—I gave the 40l. to O'Neill, saying "This is what I term my blood money; these hands have worked very hard for this money, and I hope everything is bona fide and correct"—O'Neill then left me with Lyons—during the time Lyons told me what a good thing it was that I had fallen in with O'Neill; that he had known him for twenty years as a strictly honest, straightforward, persevering man, or words to that effect—I parted with my money believing what O'Neill had told me about the business being a prosperous one, and that he was a respectable man—I had no idea that the furniture was on the hire system, or that there was any bill of sale on it; if I had I should not have parted with my money—I had not paid my money ten minutes before I found there was a man actually in possession under a bill of sale for 20l. 18s.—I paid him out; O'Neill said if I did so he would give me 10l. back in ten days—we went to a money-lender named Brand, in Leman Street; I paid all I had then and promised to pay the rest in a week's time—I found there was scarcely any trade doing in the house; there was a good outside show of meat and rabbits in the window, but very few people inside; a great number of people came there—the second day I was there I said to O'Neill that it was a mere deception to deceive the applicants that were coming after situations; they were coming soon after breakfast, and there was a stream of applicants all day long—when any money transactions or agreements had to be drawn up Lyons was sent for—O'Neill said he could not write, and I was surprised when I took him to my friends' home to see what a nice hand he wrote—I paid the landlord 6l. 18s. for rent—I received two weeks' wages of 2l. and two sums of 10s. off my deposit—O'Neill wanted me to go and see a house in Burdett Road; we went, and the house was shut up; he said no doubt the man who was at work had gone to dinner, and he gained an entrance at the back—he had no key to open it; a man got over the wall and let us in.
Cross-examined by O'Neill. Mason did not tell me that he had been three months in the place; I do not know whether he is here—I made no inquiry as to what the house in Baker's Row was; I have lived within three minutes' walk of it for ten years—I am in the house at present, managing it—Mr. Brand gave me a receipt for the money I paid—there was an harmonium in the house in Baker's Row—Brand gave me up that, and I have it now; you wanted it, but I said" No, I will keep it; I may want to play a tune on it"—I have the rentbook here showing the money I paid—I received 1l. a week and 10s. while I was at Baker's Row—I told you that the place was a mere deception—as soon as there was a trifle in the till you went and took it out, so that it was impossible to say what the takings were; there was not sufficient left to pay the servants—after you were arrested I took my family there, and we have been managing it between us; I had your name erased and my own put up—my son goes out to work, and I have to go out too—I have not seen Mason since.
Cross-examined by MR. GILL. I saw O'Neill it might be half a dozen times before the agreement was drawn up; it was on one of those occssions that he mentioned Mason's name—I do not know who Mason is; he lives in the neighbourhood—I didn't see Lyons draw up the agreement—I never saw Nares—there was a Frenchman came there—I did not see Sullivan do any writing for O'Neill—since this matter has been going on I have seen Lyons; he said he felt it very hard on him, he had not a sixpence, and I gave him a dinner.
SAMUEL NUTT . I live at Sunderley, Lincoln—in October last I was porter at the Rugby Union—I saw an advertisement in the Daily Telegraph for a manager to a coffee and lodging-house in Burdett Road—a deposit of 100l. was asked—I wrote to the address given and received a reply, and on 29th October I saw O'Neill at 50, Baker's Row—he showed me over that house; I thought it was a genuine affair—he said it was paying well—we then went to Burdett Road, but could not get in, as he said the people who were repairing the place had gone to dinner—we then went to the Regent's Arms; I there saw Moore, but did not any anything to him—O'Neill said it was his place—we went back to Bakers Row, and I asked him what security he wanted; he said personal security—I offered to be bound in a 100l. or 200l. bond; he said that was no use, he must have money down—I paid him 1l. that day as part of 10l.; he gave me a receipt for it—he was to get an agreement drawn up and send me a promissory note down before I parted with the other 9l.—I arranged to become his manager—this agreement was sent to me, and I sent it back with a post-office order for 9l., for which I had his receipt—I gave up my situation as porter at Rugby—I wrote to him twice, but received no answer—I have not got the appointment, nor have I got my money back.
FREDERICK PERKINS . I am clerk to Messrs. Field, auctioneers and estate agents, Mile End New Town—they are agents to Charles Aldridge, the owner of 50, Baker's Row—that was let to O'Neill, and he entered into possession on 31st January, 1881, at a weekly tenancy of 36s. 6d. a week—that continued till he was taken into custody—at that time he owed 6l. 17s., which has been paid by the other gentleman.
Cross-examined by O'NEILL. It was about three months before you got possession—the house was well conducted; it was kept clean and respectable as far as the outside appearance went—the whole of the property in that neighbourhood is weekly—you applied to have the house on a three years' agreement, and it was under consideration at the time of you arrest.
GEORGE PIDOUX . I am manager to J.E. Turner and others—on 4th February last year I supplied O'Neill with furniture to the amount of 32l. 2s. on the hire system for 50, Baker's Row—he entered into an agreement under which he was to pay instalments of 6l. 10s. monthly until it was paid off, and not remove it without permission—he paid altogether 22l. 2s. 9d.—we supplied him with more goods amounting to 12l. 16s.—15l. 18s. is now due from him—we did not know until after his apprehension that the goods had been removed to Gill Street, or we should not have allowed it.
JAMES YOUNG . I am a licensed victualler, and keep the Lord Napier, Victoria Dock Road—the Regent's Arms beerhouse was formerly mine—on 28th March I transferred it to O'Neill, and a deposit of 20l. was paid
me by an I O U—all the cash I received from him was 5l. 16s. 10d., and that was all borrowed money—I told him I had lost 587l. 6s. 9d. over it—he said he did not care about that, that his name was Neill, and he would put a great big 0 before it, and it being an Irish trade he would do better than I could have done—I sold it to him for 110l.—he paid nothing—I took bills for 70l. and 40l.—they were not paid, and all I received was 5l. 16s. 10d.
Cross-examined by O'Neill. I took proceedings, and employed Messrs. Stokes, Saunders, and Stokes—you offered to make an arrangement, but never paid a penny—if the bills had been honoured I should have been paid—you owe me 70l. now—40l. was absorbed in law charges, &c.
CHARLES WALKER . I live at 37, Andover Road, Hornsey Road—O'Neill entered into an agreement to take a public-house in Burdett Road, but he never carried it out; he never was possessed of the premises.
MICHAEL SAFFORD . I live in Sunnydale Place, Harrow Road, and am a general merchant and money-lender—I advanced O'Neill 60l. on the furniture and effects in 50, Baker's Row, also two further sums of 10l. and 6l., the last sum on 12th May, 1881.
Cross-examined by O'Neill. I had my money back—you told me you had some of the furniture on hire.
JAMES BRAND . I am a bill-discounter, of 82, Leman Street, Whitechapel—in 1881 I advanced O'Neill money on a bill of sale on the furniture in Baker's Row—there was a further mortgage about May on the Regent's Arms—the first was paid by Cress, and the other by Garrett.
Cross-examined by O'Neill. I have not my books her—you paid me over 100l.—I had to put a man in possession at last for 20l. odd—that was paid out by Cress.
SAMUEL ADCROFT . I am clerk to Mr. Pope, a moneylender, of Buckingham Palace Road—in February last I advanced 10l. to O'Neill on the furniture, fixtures, and effects in Baker's Row—there is still a balance of 5l. 10s. owing, with 30s. costs.
WALTER NEWMANKIN . I am a moneylender, of Grove Road, Mile End—on 6th May I advanced O'Neill 6l. on a bill of sale on the furniture at 50, Baker's Row—it was paid off by Bacon on 12th August—I did not know that the furniture was on the hire system when I advanced the money.
GEORGE HARVEY (Policeman M). I took O'Neill into custody at 50, Baker's Row—I told him it was for obtaining money by false pretences from Markwell—in the cab he said, "Lyons is in this as well as me; if I am arrested he ought to be too; I am afraid this will be a serious job"—I found a number of papers on him containing County Court summonses and threatening letters.
O'Neill called four witnesses, who deposed to the house being apparently well conducted, and in his defence he alleged that he had endeavoured to carry on a legitimate business, and did not intend to defraud any of the parties of their money.
LYONS— NOT GUILTY .
O'NEILL— GUILTY .
He also PLEADED GUILTY to a conviction at the Middlesex Sessions in May, 1879.— Five Years' Penal Servitude.
Before Mr. Recorder.
MR. BAGGALLAY Prosecuted.
GABRIEL ERICSON . I am a seaman belonging to a Norwegian vessel, the Tornu, lying in the Surrey Commercial Docks on the 2nd January—the prisoner was also a seaman on board—on that night I was with him in Russell Street; he was going to stand a pot of beer—I lent him my knife—going a little farther down I asked him for my knife back again—he took it out of his pocket and cut me—I do not think it was open when he took it out of his pocket; I think he opened it; I did not see him—he did not say anything—he cut me on the neck and cheek and shoulder; I don't know how many times, I was so frightened—I turned round and called out "Policeman"—the policeman came up and took him into custody, and the doctor saw me at the police-station—I had only had a couple of glasses of beer to drink—the prisoner was a little drunk.
BENJAMIN BROWNING , M.R.C.S. I am surgeon to the M and Thames Divisions of Police, and live at Union Road, Rotherhithe—I was called early last Tuesday morning about half-past 1 o'clock to the police-station, and there saw the prosecutor and prisoner, both bleeding profusely—the prosecutor was bleeding from a trifling cut on the forehead, another on the bridge of the nose, another on the left temple, and nearly the whole of the fleshy part of his nose was separated from the bony parts, a cut beginning at the left-hand side and extending round through the nostrils; the whole of the cavities of the nose were exposed—my attention was not called to a wound in the shoulder at that time; I saw a cut in the clothes on the following day—the prisoner was likewise bleeding very much from a wound in his right hand, which had divided one of the metacarpal arteries; that was his only wound—the injuries of both had evidently been done by some such weapon as a knife—it could not have been done by falling down on anything sharp—the prisoner was very much the worse for drink, very violent—the prosecutor was sober.
By the COURT. I do not see how a drunken man using the knife with the blade open could have inflicted the wound on his own hand unless he did it intentionally, as it was in the right hand between the two bones—my impression is that the prosecutor grappled with him, and in the struggle he struck his hand against the point of the knife.
JOHN CHAPMAN (Policeman M 363). Last Monday night I was on duty in Russell Street—I saw the prosecutor and prisoner there at half-past. 12 o'clock at night—they were close by me; then they walked about 15 yards away and stopped, and I saw the prisoner throwing his right hand about; I thought he was striking the prosecutor with his fist—I walked very close to them, and the prosecutor turned round and said," I am stabbed"—I found he was all over blood—I caught hold of the prisoner, and asked him for his knife—he said," Me got no knife"—I searched his pockets, and could not find it; I felt in his trousers, and it dropped from the leg of his trousers; it was closed—I produce it—I did not see the prosecutor strike the prisoner at all—I noticed the cut on
the prisoner's hand; it was bleeding—he had been drinking evidently, the prosecutor was not drunk—the prisoner was very violent in going to the station; I had to get three or four policemen, to assist me—the prosecutor went with us at the same time.
Prisoner's Statement before the Magistrate. "I don't recollect anything about it. "
Prisoner's Defence. I don't know anything about it.
GUILTY of unlawfully wounding. — Four Months' Hard Labour.
219. FREDERICK BURDEN (26) and WILLIAM LEE (31) PLEADED GUILTY to unlawfully obtaining money from Annie Smetham and others by false pretences, Burden having been before convicted. BURDEN— Nine Months' Hard Labour. LEE— Six Months' Hard Labour.
MR. POLAND Prosecuted. JOHN WILLIAM SMITH. I keep a dairy at 14, Charles Street, Portland Town—on 26th October, between 8 and 9 o'clock in the evening, the prisoner came into my shop and asked me for a rasher of bacon; the price was sixpence—he gave me in payment a half-crown—I saw it was bad; I told him so—he said he was not aware of it, he would go and get another one, as he lived in the neighbourhood—I asked him where, and he could not tell me, and I then sent for a police constable, and gave him in charge—I gave the half-crown to the constable—the prisoner was taken before the Magistrate at the Marylebone Police-court, remanded till 3rd November, then till the 10th, and was then discharged.
WILLIAM TAYLOR (Policeman S 210). I was called by the last witness, and the prisoner was given into my custody with this bad half-crown—the prisoner said he did not know it was bad, he must have got it where he changed a half-sovereign—he did not say where that was—he was remanded till 10th November and then discharged—he gave the name of Charles Hendrey.
ELIZABETH PODMORE . I live at 365, King's Road, Chelsea, a post-office—on 22nd November last the prisoner came and asked me for 3s. 6d. worth of stamps—he gave me in payment a half-crown and a shilling—I looked at the half-crown and found it was bad—I told him it was bad—he said "Is it?"—I said "Yes, and I shall keep it"—he did not make any remark, he put down another half-crown, and gave me another shilling for a shillings worth of stamps—I handed the half-crown to my brother—I tried it in the tester and it bent—I am quite sure the prisoner is the man.
GEORGE VESEY BRICE . I am the landlord of the Three Stags, Ken-nington Road—on 3rd December last the prisoner came there about 9 o'clock in the evening with a female—he asked the barmaid for two glasses of ale; that came to threepence—I saw the prisoner put down a half-crown; the barmaid picked it up and passed it to me—I am sure
this is the same—I looked at it and saw it was bad; I broke it into two pieces—I threw the pieces on the counter and told him it was a bad one—he picked them up and threw them on the floor, and said he had taken it at the cattle show—he paid with a good shilling and received the change, and left immediately—I picked up the pieces, and gave them to the constable, urton—I had seen the prisoner in the house the night before about the same time.
THOMAS SURRIDGE . I am a tobacconist, of 5, St. George's Circus—on 10th December the prisoner came to my shop about a quarter past 1, and asked for a twopenny cigar, and put down a half-crown in payment—I went to the parlour for change, leaving the coin on the counter—I gave the prisoner the change—I then noticed that the half-crown was bad, just as he was going out—I went after him and saw him outside, and the woman walking half a dozen yards behind him—I went up to him and said "You have given me a bad half-crown"—he said he did not know he had a bad half-crown—I asked him if he would come back with me, and he said "Yes," and they came back—I sent for a police constable—the constable asked him if he had any more bad money; he said" No, I got it last night in change for a half-sovereign"—he did not say where he got it—they were both given into custody—the woman was discharged by the Magistrate—I gave the half-crown to Constable Walsh.
JAMES WALSH (Policeman L 209). On 10th December I was called to the shop of the last witness—I found the prisoner there with a woman—he said he got the half-crown when he was drunk, the night before, in change for half a sovereign—he did not say where—I asked him if he had any more bad coin; he said "No"—I searched him in the shop—I found on him two good florins and two good shillings—at the police-station I made a further search, and found wrapped up in paper in his glove four bad half-crowns, with a separate paper between each—he did not say anything when I found them—I got this half-crown from the last witness, and these two pieces I received from Burton—the woman was discharged—she said she only met him the night before.
WILLIAM WEBSTER , Inspector of Coins to her Majesty's Mint. The first half-crown is a bad one; the next one, Podmore's, is a bad one; the two broken pieces are bad; and the last is bad also—there are four wrapped up in paper, all bad, two from the same mould as the broken one; and there is another from the same mould as the one passed to Surridge.
GUILTY .*— Nine Months' Hard Labour.
MR. POLAND Prosecuted.
FRANCIS ATHOW . I live at 76, Webber Street, and am a baker—on 24th November the prisoner came to my shop, about 6 o'clock in the evening; I served her with a loaf; price 31l. 2d.; she gave me in payment a counterfeit florin—I found it was bad—I bent it, and then bent it further—I asked her how she came by it; she said she had it given to her by a gentleman—she is an unfortunate woman—I let her go—I kept the florin, and gave it to the constable—I saw the prisoner in custody some time afterwards at the Southwark Police-court among about a dozen,
and I picked her out—I can swear she is the same person—I had pre-viously taken two others; that was the reason I noticed it.
SAMUEL BROOKS . I live at 26, Webber Street, and assist in my father's oilshop there—on 25th November, about 6.30 in the evening, the prisoner came in for a 21 1/2 d. brush and a bundle of wood—she put some wood on the counter, and gave me a 2s. piece in payment—I picked it up, looked at it, and saw it was bad, put it in the tester, and bent it—I said "That is a bad one"—she said "It was what I got down the Cut"—I gave it her back, and followed her a little distance, but lost sight of her—I after-wards saw her in custody at Stones-end—I had another case there—she was with eight or ten others, I think—I recognised her again from her personal appearance and her face; I am quite sure she is the same woman.
ROBERT THOMSON CASS . I live at 152, Lambeth Walk, a grocer's shop kept by Mr. Williams—on Saturday, 10th December, the prisoner came there at 8 o'clock in the evening—she asked for some tea and sugar; that came to about 21 1/2 d.—she gave me 1s. in payment—I looked at it; it was a bad one—I showed it to the manager—I saw him bend it in the tester—I gave it back to the prisoner—I am sure it was bad—I said if she knew where she had taken it from she had better take it back; she made no remark, but went out—I afterwards saw her in custody at the South-wark Police-court—about six other women were with her—I recognised her—I am quite sure she is the same woman.
HENRY TEMPLETON . I am a butcher, of 43, New Cut—about 1 o'clock on 11th December I saw the prisoner at my shop; my wife was there—I saw the prisoner pick out some pieces of meat; she had 21b. for 10d.; she handed my wife a half-crown—she put it in the tester, and called me inside, and said "This woman has given me a bad half-crown"—I saw her give it to my wife—this is the one, I believe (produced)—I said to the prisoner "Where did you get this?"—she said "lam a poor hard-working girl; don't lock me up this time"—I said "I have taken so much bad money I am compelled to lock you up, but if you say is true you have nothing to fear, I will pay you for your loss of time—I sent for a constable, and gave her in custody with the half-crown.
WILLIAM WARREN (Policeman L 119). On 11th December I was sent for to Mr. Templeton's, and the prisoner was given into my custody—she said she had the half-crown given to her by a gentleman on Saturday night—she gave me the half-crown—she was taken to the station and searched; nothing was found on her but a half-crown or two—she gave me the name of Warner—next day I said to her "I believe you have given me a false name"—she said "Who told you?"—I said "By in-quiries I have made I believe your name is Lewis"—she said it was—I said "I believe your husband is doing 18 months for stealing pewter pots?"—.—she said "That is right"—she said her maiden name was Warner—I produce the bad florin given me by first witness.
GUILTY .— Nine Months' Hard Labour.
The medal in question was what is termed a Hanover medal. The RECORDER considered that it was impossible for any one to say that this medal at all re-sembled a sovereign, and the Jury accordingly found the prisoner
NOT GUILTY .
223. WILLIAM MARTIN (26) was indicted for pasting a similar medal, but in this case it was charged as resembling a half-sovereign; the RECORDER expressing a similar opinion, the Jury found the prisoner
NOT GUILTY .
MR. WILLIS, Q.C., and MR. COLERIDGE Prosecuted; MR. LYNCH defended A. S. Dennison.
ROBERT PARSONS . I am a ticket porter at Waterloo Junction Station—on 15th October I was on the platform at 7.10 on the arrival of the 6.24 train from Woolwich—Elizabeth Dennison got out of the train and asked me for the ladies' waiting-room—I directed her, and she went downstairs in that direction; it is down two flights of stairs in the lower office—the train stopped about a minute and then moved on, and as it left Arthur Dennison, who appeared to have got out of it, said "I have a box in this train"—I said "There is nothing in front; we will have a look behind"—we did so, and found this black trunk (produced) at the fourth lamp-post beyond the covered way—I said "Is that your luggage?"—he said "Yes," and I put it on the barrow and asked if he was going to the South-Western—he said "No, I want a cab"—I said "Where do you want to go?"—he said "Peabody's Buildings, Black-friars Road"—that is about five minutes' walk, and I offered to carry it—he said "No, I want a cab"—I handed it over to Sharp, and he followed Sharp down the stairs which Elizabeth Dennison had gone down—I remained on the platform about two minutes, and then went down-stairs, met her coming up, and asked her where she was going—she said on to the platform to see for her luggage—I said "There was only one piece of luggage put out of the train, and that a young gentleman has claimed and taken to Peabody's Buildings"—we then arrived on the platform, and I called Inspector Eames.
Cross-examined by MR. LYNCH. I did not see Arthur alight from the train; he was rushing along—he did not say "A nice mess I have made of it; I have lost both my mother and my luggage. "
THOMAS EAMES . I am an inspector at Waterloo Junction, South-Eastern Railway—about 15 or 20 minutes past 7 on this night Parsons brought Elizabeth Dennison to me, who said "I had a black box taken out of the cloak-room at London. Bridge, and had it labelled for Waterloo, and I had occasion to go to the ladies' waiting-room here, and I thought I had seen my luggage put out on the platform, and I thought it was safe till my return; I have been to the platform and it is not there"—I said "Most probably it has been taken on to Charing Cross in error, and if you will call again in about an hour and a half I will endeavour to get it back"—she came back, but I had discovered no trace of it, and promised her that I would send it to her address, which she gave, Surrey Lodge—she said she would be very glad if I could get it that night, as it contained very valuable property—about two days afterwards John Dennison came there and said "I am the husband of the lady who lost her luggage on Saturday night; have you heard anything of it?"—I said "No—he said "My wife in her confusion said on Saturday night that it was a black box covered with canvas, but it should have been a black leather travelling trunk"—I said that I would use my best endeavours
to find it for him—two nights afterwards he came again and asked if I had heard anything of it—I said "No," and he went away.
MATILDA GARDNER . I live at 1, College Buildings, Lambeth—on 15th October, at 7 o'clock, I was at Waterloo Junction, waiting in the booking office for my husband, facing the door of the ladies' waiting room—Elizabeth Dennison came downstairs from the platform and asked me which was the ladies' waiting-room; I pointed over and she passed in—some time afterwards Arthur Dennison came down with a porter, who carried a black box, which he placed at the side of the stair-case, and Arthur Dennison asked him [to fetch him a Hansom cab, and immediately the porter went for it Elizabuth Dennison came out of the waiting-room and passed within two yards of the box, and must have seen it, and they each turned away, apparently not wanting to see each other, but they must have done so—she went half-way up the staircase again, and spoke to a porter who was coming down, and I heard him say "There is no box at Waterloo; there is one which has been claimed by a gentleman and taken to Peabody's Buildings"—during that conversation Arthur was still at the foot of the staircase with the box at his feet—he went to see if the cab was coming several times and went back, after which he took the box on his shoulder and went away—I thought his manner very sus-picious, and followed to the corner of the street, but he was out of sight; he must have run—the porter then came back with a cab, and I told him what I had seen.
Cross-examined by MR. LYNCH. I have not been examined before—I have been subpoenaed—I gave my name and address when I went to the railway station the next Saturday fortnight to meet my husband again—the porter then spoke to me about the box and said "You are just the woman I want"—I could not see the woman and the porter on the stairs, but I heard them distinctly—a gentleman afterwards came and took down my statement, which was spontaneous, without any assistance.
JOSEPH SHARP . I am a porter in the employ of the South-Eastern Railway, at the Waterloo Junction—on 15th October, on the arrival of a train at 7.10, I saw the female prisoner going down the stairs—she asked me for the ladies' waiting-room; I directed her, and soon after Parsons brought a trunk to the top of the stairs—he gave it to me—Arthur Dennison, who was with him, went with him—I put the trunk at the bottom of the stairs—he asked me to get a Hansom; when I returned he and the trunk were gone—I saw Mrs. Gardner there.
Cross-examined by MR. LYNCH. I could run fast with the trunk when full.
JOHN CONQUEST (Police Sergeant). I am attached to the South-Eastem Railway—on 28th October, in consequence of a claim being made on the company, I went with Sergeant Barnett, at 4 p.m., to John Dennison's house, 88, Sydney Lodge, Kennington Road, where we found him and his wife—I said "We have come from the South-Eastern Rail-way Company respecting a trunk lost at Waterloo Station; I want the particulars of the contents. Where were you going?"—she said "I was going to my sister's at Tunbridge Wells; I took a cab from my house to London Bridge; when I got there I found I had left two sovereigns on the shelf; I put my trunk in the cloak-room at London Bridge and returned for the money. Later on in the day I changed my mind about going to Tunbridge Wells, and went back to London Bridge,
got my trunk from the cloak-room and had it labelled for Waterloo Junction; when I got there I had to go to the ladies' waiting-room, and on my return my trunk could not be found"—Sergeant Bamett said "It is strange you should go to London Bridge when Waterloo is nearer"—she said "I always go to London Bridge"—I asked them to describe the contents of the trunk, which they did jointly, correcting each other;" he said, "My dear, we paid so much for that;" sometimes she corrected him, and gave me particulars; there was no reluctance on her part; in fact, she gave the main descriptions, and I took it down—they claimed for a scrap-book, which he said was valuable, with pictures inside and a blue gilt cover with album on front and a group of the Royal Family, and leaves, flowers, and birds—he claimed two guineas for it, and said his wife was taking it to show to her friends—I found a scrap-book answering that description at Russell's, a pawnbroker's, in Walworth Road—she also claimed 3l. 17s. 6d. for a black silk princess robe, trimmed satin down the front, and two quiltings at bottom—I found a dress answering to it at Thomson's, a pawnbroker's, 42, Praed Street—she also described a pair of pebble earrings and brooch to match, Marquis of Lome plaid, set in gold, for which she claimed 4l., 14s., 6d—I found articles answering that description at Attenborough's, pawnbroker's, Walworth Road—they also claimed for a prayer-book and other things, amounting altogether to 42l. 5s—I took the prisoner John and found at his lodgings twenty-four duplicates for things pledged just prior to the loss of this trunk—there is one lot an iron pledged on 7th October for 4d., and another for another iron on 12th October for 4d.—that was within three days of the alleged robbery—most of the pledges are for sums below 15s.—I read the warrant to John—he said it was a false charge and the railway company would have to pay for it—I went with Barnett to arrest Arthur Dennison—I read the warrant to him—he said "I know nothing about the 42l., it is a scheme of my wicked old father; I did not know his game till he asked me to bring the trunk home to my place; it was locked and I did not know what was in it"—we found the trunk at his house, 19, Bowling Green Street, Kennington Lane—I inquired at Peabody Buildings, but he was not known there—the trunk was opened in my presence; it contained an old piece of carpet, five rolls of waste paper, two old commissionaires' coats, a pair of old trousers, one of the things claimed in the list he gave me—the box was locked; we broke it open.
Cross-examined by MR. LYNCH. Arthur was not present at any inter-view with John and Elizabeth—Arthur did not deny having the box; he said that it was upstairs—he made no attempt to conceal it.
Re-examined. He did not tell me that he had it till he was on the way to the station.
GEORGE BARNETT (Polite Sergeant). I accompanied Conquest to John Dennison's lodging—I have heard his evidence; it is correct—on 14th December I took Elizabeth Dennison near their house, and told her she would be charged with being concerned with her husband and a man unknown in making a claim on the South-Eastern Railway Company for 42l. 17s. 6d.—she said "Who is the man unknown?" I said" I believe it is your son Arthur"—she said "I have not seen him for the last two months; I do not know where he is"—I found this trunk (produced) at Arthur's lodging.
Cross-examined by MR. LYNCH. Arthur was searched at the station—no
key fitting the box was found on him, and we had to break it open—he made no attempt to conceal it—I found at the elder prisoner's lodging a lot of pawn-tickets and this jet necklace and cross, which they have made a claim for.
Re-examined. I found it in a chest of drawers and 24 duplicates for articles, most of which answered the description of things claimed for—they claimed 17s. 6d. for it.
THOMAS THOMPSON . I am a commissionaire, and live at Surrey Lodge Dwellings—I know John Dennison—on 7th October he came and asked me to write a letter for him—he brought me a copy, and I wrote this letter. (Making a claim on the railway company for a list of articles in the missing box amounting to 42l. 11s. 6d.) He had given a list to the com-pany, and one to the inspector at Waterloo Station—he said that he had omitted some things which he had discovered afterwards, and he wished me to put them down, a pair of scissors, a Prayer Book, and some other things which are at the end of the list—he said "Put down the strap-book at 15—."—I did so, and he went into his own room and returned and said "15—. is not enough for that book, you know it is a valuable thing, put down 2l.; you have seen that book, and you know it"—I have seen him with this scrap-book, and I have been all through it—I subsequently wrote this other letter for him—I have seen Arthur about twice at his father's premises—I did not see him on 15th October—I was not at home.
Cross-examined by MR. LYNCH. I have known the Dennisons about two months—Arthur was not present when the letter was directed.
CHARLES BARTON . I am manager to Mr. Russell, a pawnbroker, of 307, Walworth Road—on 6th October John and Elizabeth Dennison came and I lent them 15s. on this scrap-book—on 11th December John Denni-son called and asked whether anybody had been about the scrap-book, as he had mislaid the ticket; I said" Not as I know of, but if you will come in the middle of the week I will look for it"—that book was in my possession between 6th October and 11th December—he left, and returned in five minutes, and asked if he could make a confidant of me; I said "When we have business with any one we never talk of it"—he told me had claimed 42l. for things he had lost and an album with red cover, and if any one came in he asked me not to say anything about it. THOMAS COOPER. I am manager to Mr. Attenborough, pawnbroker, of 81, Walworth Road—I produce a plain goldmounted mosaic brooch with two doves and flowers, pledged on 15th July, and some Scotch gold-mounted earrings on 19th August, both by the female prisoner—I have had them ever since.
WALKER HENRY MOORE . I am manager to Mr. Thomson, of 63, Praed Street—I produce a black silk princess robe pawned on 20th August, 1880, by the female prisoner; it has satin in front, and answers the description given—I have had it ever since—on 11th October, 1881, John Dennison paid the interest on it.
JOHN WILLIAM TAYLOR . I am clerk in the manager's office, London Bridge Station—on 21st October John and Elizabeth Dennison came, and she told me the story of the box—I asked for particulars, and John said" My dear, tell the gentleman all about it"—she told the story about the box; I wrote the facts and asked John to sign it, and he did—this produced is the document—I said inquiries would be made—I received a letter from
John Dennison dated October 28th, containing a claim for 42l. 11s. 6d—Elizabeth Dennison called a month or six weeks after to make inquiries about the settlement of her claim.
JOHN JAMES HOPKINS . I am clerk in the manager's office of the South-Eastern Railway, London Bridge—Elizabeth Dennison called on 25th October, and asked about a box she had lost—finding the order for inquiries had been passed I wrote from her dictation this list of things in the box produced.
John Dennison in hit defence stated that hit wife wot going to Tunbridqe Wells for her health, but, at he could not afford it, he gave her two mock sovereigns, and told hit ton to go with her, but they never met; when she returned and asked for her box it was not be found, and he made a claim for it, believing it was lost; that he had served in the army, and had two medals and four clasps, and would lose hit pension if convicted,
Elizabeth Dennison's Defence. I did not do anything wilfully, and when I first took the box I did not know the meaning of what I was doing. My husband led me on to do it, and said I should be happy if I did it.
John Dennison received a good character.
— GUILTY (see page 322).
Before Mr. Common Serjeant.
MR. BESLEY Prosecuted; MR. PURCELL Defended.
THOMAS CHARLES KINGSTON . I am superintendent of the third-class refreshment room at the Crystal Palace—the prisoner assists on extra busy days—he was so employed by Messrs. Bertram and Roberts on Bank Holday, 26th December—customers pay at a box opposite the counter—barmen are not permitted to take coins, and are so instructed—the prisoner had acted under those regulations before 26th December—placards are put up warning the public where to take tickets—I was present at a quarter to 2—I saw a customer with a shilling in his hand; I heard him order a pint of ale—Miller served him; I saw him take the shilling and give sixpence and some coppers change—I went to the visitor and said 'What have you got there?"—the prisoner was behind the bar—the visitor said "Nothing," and put his hand with the money in his pocket—I said "Where did you get the ticket for that beer?"—he said "I got the ticket upstairs"—I said a "A ticket from upstairs is no use for beer down here; what did you pay for it?"—he said "Threepence"—I said "There is no 3d. beer upstairs; you had better come upstairs with me"—I took him to the office—the prisoner said "He gave me a ticket"—I said "He did not; you know he did not; he gave you money"—the prisoner said "He gave me money for a pork pie"—I said "You had no business to take anything for pork pies here; the next bar is the bar for pies"—the customer was consuming a pint of ale—no pork pie was before him—I took the prisoner upstairs and asked the customer to follow, and he followed with 23 P—we went into Mr. Bertram's back office-after two or three minutes I saw Mr. Roberts first, then Mr. Bertram—Mr. William Bertram took down the address of the customer, charged the prisoner, and gave him into custody—I saw no tickets on the floor when we went in.
Cross-examined. I mentioned at the police-court about the visitor putting his hand in his pocket with the change—there were four or five dozen people round the bar—we do not call that busy—there are two bars adjoining, two beer-engines, one engine with two men each, and a block between the refreshment counter on each side—I was walking behind the bar, about two feet from him and the customer—the prisoner did not say the gentleman had asked for a pork-pie—the visitor said it was a pork-pie—the prisoner denied having received any money or given any change.
CHARLES BROWNJOHN . I am a bootmaker, of 4, Tachbrook Street, Pimlico—I was employed at the Crystal Palace on this Bank Holiday by Bertram and Roberts—I have known them some years—I went there to assist in any way I might be required—I saw the prisoner there—I was by the side of a beer-engine with seven pulls—no one else was employed at that engine except me and the prisoner—the prisoner said "I hope to make something during the day"—that was about 10.30 a.m.—I said "I have known Mr. Bertram for several years," and that my brother had been employed by the firm for 11 or 12 years—three halfpence were placed in my hands a few moments before the prisoner was taken from the bar—I had been to fetch a pot—he said" Go on and take it, do not be a fool"—I immediately placed the money on the ledge underneath to see Mr. Kingston to explain and ask how I should act—I did not notice the prisoner go away, when I turned round he was gone—I was serving seven or eightpeople—I did not know the prisoner was in custody till Ihad seen Mr. Kingston and told him about the three halfpence.
Cross-examined. The prisoner is a stranger to'me—it was about 1 o'clock when he put the three halfpence in my hand—I mentioned the three halfpence before the Magistrate—I made an explanation, and the Counsel objected—I did not hear what took place between the prisoner and the visitor—the farthest distance I should be from him would be about three yards or rather more—customers frequently ask for eatables—I refer them to the next counter—people very often tender coins—the ticket-box is about three or four yards from the beer-engine.
Cross-examined. Every customer must give a ticket and not coin—I gave the three halfpence to Kingston.
WILLIAM NEIGHBOUR (Police Sergeant P 23). I was on duty at the Crystal Palace on 26th December—I was near this seven-pull beer-engine about 1.15—I was about six yards from Kingston, and seeing him having a conversation with the prisoner I walked up—'Kingston said to the prisoner "I saw you take a shilling from a customer or a man, "pointing to the man," and give him 9d. change"—I said "If that is so, you had better take him to the office"—the prisoner said" The man offered me money for half a pork-pie, and I referred him higher up the counter"—I said to the customer "Did you give him a shilling?"—the customer said" No, but I will pay for the beer again"—we then went to the office—the prisoner said at the office "I did not give a shilling to this man"—the man said "I offered you a threepenny-piece and a penny for half a pork-pie"—the prisoner said "It was not that, it was a six-penny-piece"—then the prisoner was given into my custody for stealing 3d., and I took him to the station—no beer was served to the customer in my presence; it had been served—I saw no tickets lying in Mr. Bertram's room when I went in—I searched the prisoner, and found
1s., 6d., 2 1/2 d. bronze, and a pocket-knife—the customer gave the name and address of Frank Maughan, 63, Storey Street, Deptford—I can find no such place nor person—I have searched two days.
Cross-examined. I told the Magistrate the prisoner said it was not a threepenny-piece, but sixpence—I am usually on duty at Lewisham, two miles from Deptford—the prisoner has been on bail—the conver-sation in the office took about seven minutes—Brownjohn was working at the same engine—I was in uniform.
THOMAS JONES . I live at 42, Anerley Vale, Norwood—I work at the Crystal Palace; painting just now—on Bank Holiday I took a ticket for some ale about 11 a.m.—the prisoner served me—he said "I was a b——fool for taking a ticket," and" Why don't you come to me, and give me the halfpence, and I would serve you"—I said" Do you think I am a fool, mind you ain't caught"—I had my apron, on—I walked away.
Cross-examined. I told the Magistrate about my saying "Mind you ain't caught"—I cannot say for every word—several people were being served; it was a busy day.
WALTER BALFOUR . I am a painter of 21, Wells road, Dallas Bond, Sydenham—I was at the Crystal Palace on Boxing Day—I bought a ticket for beer, and was served at the bar where the prisoner and Brown-john were standing between 12 and 1—a visitor called for a pot of ale and paid 6d. to the prisoner—I told the customer he ought to have got a ticket at the box—the prisoner said "All right," and took np the sixpence and kept it in his hand—I should have told the head barman, but I saw our foreman coming along, and could not say anything—I meant to speak to Mr. Kingston.
Cross-examined. I dare say I was sober, I am not addicted to drinking—people will come and offer money at the bar—the barman should tell them to get a ticket—I do not know of a barman taking money and purchasing tickets—I did not see what he did with the sixpence—I am deaf—I was about a foot off when he said" It is all right"
Re-examined. I worked from 8 till 1. I had not been drinking—we are not allowed to go to the bar, so I did not speak to Kingston when I saw the foreman coming.
THOMAS CHARLES KINGSTON (Re-examined). Balfour communicated with me the next morning—that was when the prisoner was in custody—I never knew a barman leave the bar and buy tickets for his customers—I have known a waiter called to get tickets for a customer.
WILLIAM BERTRAM . I am partner with my brother and Mr. Roberts, refreshment contractors at the Crystal Palace—on Boxing Day the prisoner was brought to my office there with a person who gave an address—a constable, Kingston, and, I think, one other were present—I asked the sergeant why were they brought, and what was the charge against the prisoner—Kingston and the constable told me the prisnoer was brought for receiving 3d. instead of an ordinary ticket from the customer—I asked the customer if that was so; he made a rambling state-ment—I took his name and address because I thought he would ha a witness—he said in the prisoner's hearing the money had been handed
to the prisoner—I afterwards found these seven tickets scattered on my office floor—I must have seen them if they had been there in the early morning—the prisoner had no business to retain them—none are kept in my office.
Cross-examined. The receptacle for tickets was on the prisoner's side—I heard nothing about a pork-pie—I heard about 1s. being received and 9d. given in change.
The prisoner received a good character. NOT GUILTY .
226. JOHN DENNISON (59) and ARTHUR DENNISON (24), were again indicted for stealing a portmanteau, a suit of clothes, and other articles, the property of the Great Western Railway Company. (See page 315.)
MR. WOOD Prosecuted; MR. STEPHEN LYNCH defended Arthur Dennison.
ARTHUR LEONARD PIKE . In June, 1880, I was an undergraduate of New College, Oxford—on 19th June I sent a portmanteau from Henley-on-Thames to Paddington—I handed it to my father about 10 a.m. to take to the railway station, as he had some luggage of his own, a portman-teau of my friend's, and my sister's box—we arrived at Paddington at 9.15 p.m.—the luggage was all forthcoming, except my portmanteau—we had a good search for it at the station, but it could not be found—I made a claim against the railway company, and they paid 47l. in respect of it—I next saw my portmanteau a few days after last Christmas in the hands of a detective officer at the police-station—I identified it as the one I lost on 19th June, 1880—this is it—I had in it an intaglio pin, a suit of grey clothes, a pocket handkerchief marked with my name, a pearl pin, this gold Albert watch-guard, a waistcoat with brown silk sleeves, not mine, but I know it—I saw the pin and the handkerchief at Attenborougu's—the other pin and things were shown to me at Thompson's.
Cross-examined by John Dennison. I do not see that this albert chain has been mended—I do not remember its being broken.
WILLIAM HOBBS (Police Sergeant). I am in the service of the Great Western Railway Company—my duty is to be on the arrival platform—in June, 1880, John Dennison had daily access to that platform—he was constantly there waiting for trains—I heard of the loss of a portmanteau when I came on duty on the 21st—I said to John Dennison "Do you remember taking a portmanteau across to Praed Street Station or Bishop's Eoad Station out of the 11.40 a.m. train?" he said "No, I do not"—I said "We are missing one out of the train;" he said "I have not taken one across to the Underground Railway/'
Cross-examined by John Dennison. Conduit Place is at the back of Praed Street Station, and about 100 yards off—you were privileged to take a passenger's luggage if he directed you, not otherwise.
WALTER HENRY MOORE . I am manager to Mr. Thompson, pawn-broker, of 63, Praed Street, Paddington, about 160 yards from the Great Western Station—on 19th June, 1880, this suit of clothes wrapped in this handkerchief, a pair of trousers, a silk waistcoat with brown silk sleeves, a gold Albert, and a pair of boots were pledged with me at the same time about 3 o'clock in three separate pledges by John Dennison—I know him as John Lane—he has pawned several times in the name of Lane, of 22, Market Street—the gold Albert was redeemed on 19th July; the other things remained in my custody till recently, when the police took them—the waistcoat has been sold—I bought this pearl pin of him
some time in July; it had been pledged frequently before that; I gave him 12s. for it—the handkerchief was soiled; it was merely a wrapper—I said, "Do they belong to you?" and he said, "Yes, they do'—that was with regard to all the things—I afterwards had other things of him, and I had my suspicions.
THOMAS COOPER . I am manager to Mr. Attenborough, pawnbroker, of 81, Walworth Road—I produce a gold intaglio pin pledged by John Dennison on 27th July, 1881, for 13s.—I know him; he has pledged for years—the number of the ticket was 427.
JOHN CONQUEST (Policeman E). I was recently attached to the South* Eastern Railway Company—on the evening of the 22nd December last I went to 19, Bowling Green Street, Kennington Road, where Arthur Dennison was living—I searched his room—I found this portmanteau—he was then at Kennington Road Police-station; I took it there—I said, "Does this belong to you?"—he said, "Yes, my father gave it me about three years ago?—I examined the contents; there were several shirts, pairs of socks marked "C.L.;" one shirt is marked "A.E. campbell, 1879," one "Sowenthat," and another "E. J. R. H.," and some pawn-tickets—the prisoner said, "Have you found a pawn-ticket for my watch?"—I said, "Yes, there are four pawn-tickets here"—I showed them to him—one relates to a gold Albert—he said, "All right, they are mine"—427 ticket relates to a gold pin—I found the gold Albert at Drout's, pawnbrokers, 23, Roman Road, Victoria Park—Arthur Dennison worked at a leather cutter's in the Roman Road—the other tickets refer to a watch,-a cigar-holder, and another pair of trousers, but nothing to do with this charge—I also searched the lodgings of John Dennison at 39, Surrey Lodge Dwellings, Kennington Road, about 300 yards from the Sun; I found 24 duplicates; one related to a gold intaglio pin—" 427 "was in a drawer that was locked; I had the key from John Dennison—I went to the pawnbroker's and made inquiries.
Cross-examined by Mr. LYNCH. Arthur Dennison said "I am Arthur Dennison "when I arrested him; there was no concealment—he asked me to look after the pawn tickets—then I searched the trunk—the elder prisoner has been in a corps of commissionaires some years—he received a good character from the corps.
WALTER GROUT . I am a pawnbroker, of 23, Roman Road, Victoria Park—this gold Albert was pledged with me on 21st September, 1881, in the name of James Dennison—I cannot identify the person who pledged it—I have seen the younger prisoner's face at our shop—I cannot say whether he pledged it—I have not seen the elder prisoner.
John Dennison, in his defence, stated that on 19th June a gentleman asked him to take a portmanteau to Praed Street, where he could get a wash and, a brush up; and that after an hour and a half of time occupied in running about, the gentleman gave him 2s. and left him the portmanteau and some things in it, advising him not to pledge it as it was worth more than he would be likely to get on it; also leaning him the pawn tickets; having the tickets he took the things out from time to time as he could afford it, and at various periods pledged them again.
GUILTY . ARTHUR DENNISON.— Strongly recommended to mercy on the ground of his father's influence.— Fifteen Months' Hard Labour. JOHN DENNISON.— Five Years' Penal Servitude. ELIZABETH DENNISON was sentenced to Six Months' Hard Labour on the former indictment.
Before Robert Malcolm Kerr, Esq.
MR. GEOGHEGAN Prosecuted.
ANDREW MOTT (Thames Police 11). On 14th December I was with Inspector Elliott—I saw two men while standing near St. George's Stairs—they whistled and I ran on to the foreshore—I saw the prisoners with the prosecutor across their knees, his back was on the ground, and his shoulders lying across Lyons's knee—Lyons grasped him by the throat; Kelly had hold of him by the arm—I got hold of Lyons and asked him what he was doing—he said "Nothing," and let go of the prosecutor's throat—afterwards Lyons said he brought the prosecutor down to try and get a boat for him to go on board of the Henry Fisher, a steam-boat which was lying off the shore about three-quarters of a mile from St. George's Stairs—no other men were about—I pointed to Foley and he said" Are you a policeman?"—I said "Yes"—he said "I want to give that man into custody for attempting to rob me"—I took Lyons—the prosecutor's coat was muddy and was torn up the side—he was very drunk.
Cross-examined by Kelly. You were standing alongside the prosecutor when I came down—the prosecutor said "I don't know this man"—he was locked up for being drunk—he said before the Magistrate he was too drunk to know anything about it—you would not see me first because you were not looking for me—we were too close for you to whistle too loud—you could have escaped if you had had time—you said you were trying to get a job on board the German boats—I asked the prosecutor where he was going—he said he wanted to go on board the Henry Fisher—you made no objection to coming to the station—the prosecutor said at the station you were trying to choke him—he did not say no one had done so, nor that he did not want to have anything to do with it—I did not say "What is the use of bringing men here if you won't charge them?"
THOMAS FOLEY . I am mate of the steamer Henry Fisher, lying off St. George's Stairs—I came ashore on 14th December, and got very drunk—I had 22s.—I woke up next morning in the station—I remember nothing of this affair—I had 9s. or 10s. left—I did not know the prisoners.
Cross-examined by Kelly. I did not lose anything—I found my clothes torn, and my neck sore in the morning.
Cross-examined by Lyons. I cannot say I had bruises—I got drunk in Other people's company; I had no chance to get drunk in yours.
JAMES ELLIOTT (Thames Police Inspector). The prosecutor was brought to the station very drunk—when I went on the shore he pointed to Lyons, and said," That man has seized me by the throat and robbed me, "or" tried to rob me"—at the station Kelly said he went to get work on board the German boat, but there was no work going on there, and the ship was cut off from the shore in consequence of the fog, and half a mile farther up the river than these stairs. Kelly's Defence. I was only waiting about for work. Lyons's Defence. I was watching for work when the prosecutor came downstairs, and said he wanted a waterman. There was a camp-shed on the left of him, and he might have fallen over, and have been smothered, or have fallen into the water; I was trying to save him from doing himself
an injury. The next morning he said he felt no effects of violence; if there had been violence he would.
NOT GUILTY .
MR. GEOGHEGAN Prosecuted.
MARY ANN HASTINGS . I am a widow, and live at 3, King's Bench Walk, Blackfriars Road—on 25th December I went out about 7 p.m., leaving no one in the house—I came back about 9.30, and found the house as I left it—I went out again, and returned at 10 30—I found the prisoners in my room—the shutters and window were open—the street-door was wide open—I afterwards examined the lock, which was knocked off when I got in—there is a second door farther in on the right-hand aide, and I found in my room Henry Davis standing with his back towards the door, and John Davis by the side of the cupboard—I said "For God's sake, whoever it is let me get a light"—when I'd got a lucifer, I said to John Davis," Jack, how came you in my room? how dare you take that liberty?"—he said" I've come for some things"—I said" Let your wife come for them"—I had an iron foot and a pail belonging to the prisoner, but he did not come for them before—Henry took off his coat to fight—Jack said "Don't hit her, I won't allow you to hit her because she will make a sneeze of it"—then my lad went out with them—I went for a policeman, but could not see one, and came back—I missed 5s., my rent money, from a box which had not been locked—I had examined the box at 9.30, and found it safe—I saw Henry Davis at the station the same night—both were drunk—Henry was more sober than Jack. Henry Davis's Defence, The door was six inches open, and I shoved it.
NOT GUILTY .
ADJOURNED TO MONDAY, JANUARY 30TH, 1882.