CENTRAL CRIMINAL COURT
FOURTH SESSION, HELD JANUARY 30TH, 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.
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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 30th, 1882, and following days,
BEFORE THE RIGHT HON. JOHN WHITTAKER ELLIS, LORD MAYOR of the City of London; The Hon. GEORGE DENMAN , one of the Justices of the High Court of Justice; THOMAS QUESTED FINNIS, Esq., Sir ROBERT WALTER CARDEN , Knt., M.P., and Sir THOMAS WHITE , Knt., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Recorder of the said City; SIMEON CHARLES HADLEY , 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 Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of tho Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
WILLIAM ANDERSON OGG, Esq.,
CENTRAL CRIMINAL COURT.
ELLIS, MAYOR. FOURTH SESSION.
A star (*) denotes that prisoners have been previously in custody-two stars (**) that they have been more than once in custody—a that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, January 30 th, 1882.
Before Mr. Recorder.
230. CHARLES HOLLOWAY (13) to feloniously forging and uttering an order for 15s., also to stealing certain pieces of paper of Adam Clark, his master.— Ten Days' Imprisonment and Five Years'-in a Reformatory. [Pleaded guilty: See original trial image.]
MR. EYRE LLOYD Prosecuted.
HENRY PRATT . I am an oil and colourman, of 13, Grafton Street, Soho—on 6th January, between 5 and 6 p. m. the prisoner came and asked for a teapot which was marked 5 1/2 d., and tendered a florin in payment—I tried it on a slate which I keep for that purpose and found it was bad—bad money always leaves a greasy mark; good money will scratch the slate—I gave it him back, and he paid me with sixpennyworth of coppers—he then went out—I watched him; he pretended to be drunk—he went to Mrs. Child's shop opposite, and I sent Fulham over there.
MARY MARIA CHILD . I keep a toyshop in Grafton Street-on 6th January between 5 and 6 p. m., the prisoner came to my shop, and selected two penny toys-Fulham came to the door, and made a motion to me—the Prisoner placed a florin on the counter—I asked him if he had coppers—he said "No"—I said" You have coppers in your hand; I can't give you change"—he then paid me 2d., and took the toys away—I did not touch the florin, and did not know whether it was good or bad—he took it up and went away.
HARRIET PEASON . I keep a dairy at 8, Moor Street, Soho—on 6th January, a little after 6 p. m., the prisoner came and asked for two best eggs, which came to 3d.—he put down a florin—about three minutes afterwards I examined it, and found it was bad—I gave it to the constable—I received it again from him this morning, and produce it—I know it, because I put it in the tester and bent it.
SARAH DAY . I am the wife of William Day, a butcher, of 12, Grafton Street—on 9th January the prisoner came with another man—the other remained ontside—the prisoner asked for half a pound of steak, which came to 6d.—he gave me a half-crown in payment—I tested it with my teeth; it was bad—I told him so—he said he was not aware of it—I said I thought he was, and sent for a policeman, and gave him the half-crown—this is it—the other man went away as soon as I told the prisoner it was bad.
CHRISTOPHER BROWN (Policeman C 177). I was called to Mrs. Day's, and took the prisoner into custody—I asked if he knew the coin was bad—he said he did not—I found on him 1s. in silver and 5 3/4 d. in bronze—I received this half-crown from Mrs. Day, and this florin from Mrs. Pearson.
He also PLEADED GUILTY to a previous conviction of a like offence in May, 1876. **— Two Years' Hard Labour.
MR. EYRE LLOYD Prosecuted.
ALICE EVERARD . I am barmaid at the Spread Eagle Tavern in Broad Street, Bloomsbury—on 9th Jan., about 10 p. m., the two prisoners came to the bar, and each called for drink—I served Anderson, and he tendered a florin to pay 5 1/2 d.—I gave him the change, and put the florin in the till—there was no other florin there—my sister soon afterwards showed me a bad florin, and in consequence of that I went to the till and found a bad florin—I gave it to my sister, and she gave it to the constable—the prisoners went away, and I sent a young man to follow them.
ELIZA EVERARD . I am the sister of the last witness—I serve at the Spread Eagle—I saw the prisoners there about 10 o'clock on 9th January—they called for whisky—my sister served them once; I served them a second time—Johnson tendered a florin in payment for a biscuit—I found it was bad, and showed it to my sister, and she said hers was bad—I told Johnson it was bad, and asked if he had got any more—he said no, if I would give it him back he would go and get change for it—I took a piece out of it and gave it him back—this is it—they went away together—Stewart went out after them.
JAMES WILLIAM STEWART . I live at 3, Arthur Street, New Oxford Street—on 9th January, about 10 o'clock, I was at the Spread Eagle; I saw the prisoners there, and when they left I followed them—they went to a hoarding opposite, stood there a little while, and then went into New Oxford Street—they then came back, and went into the Duke's Head—I cautioned the barmaid there—a two-shilling piece was passed—the barmaid said it was bad—a constable was sent for—I saw something fall from Anderson at the bar—I picked it up; it was a email Hanoverian half-sovereign and a latch-key—Johnson said he had got the bad florin from the corner—I afterwards went to the hoarding, and there found this florin with a piece out of it.
GEORGE STADDEN (Policeman E 216). I was sent for to the Duke's Head, and saw the prisoners there, and saw a bad florin given to the constable Wakeling—I searched Johnson, and found on him a halfpenny and a pocket-knife.
ALFRED WAKELING (Policeman E R 49). I took Anderson into custody—I found on him 3s. in silver and 1s. 1d. in bronze, good money—he said he knew nothing about it, he was drunk—he was not drunk, only shamming—I produce the two florins; one I received from Hyde.
ELIZABETH HUGGINS . I am barmaid at the Duke's Head—on 9th January, about 10 p. m., the two prisoners came to the bar—Johnson called for a pint of four ale—Anderson tendered in payment a bad florin—I told him it was bad, I disfigured it, and returned it—the police were sent for.
FREDERICK HYDE . I am barman at the Duke's Head—on 9th January I was there when the prisoners were there—Mr. Stewart said they had been passing bad money at the Spread Eagle, and we should not let them go—I closed the doors, and sent for a constable.
Anderson, in his defence, stated that the money passed was received from a man named Parker, to whom he had sold a pair of boots.
GUILTY .— Nine Months' Hard labour each.
MR. EYRE LLOYD Prosecuted.
MARY PELLATT . I am the wife of Francis Pellatt, a cornchandler, of the Caledonian Road—on 10th January, about half-past seven, the prisoner came to the shop—a man came to the door with her—he did not come in—he said in her hearing that he would go and light a lamp; the prisoner eaid "All right, my dear"—the prisoner then asked for half a quartern of flour, the price was 3 3/4 d.—she paid me with a florin; I gave her change, and put the florin in the till—there was another florin there, quite at the bottom of the till, under other money; I put this florin on the top of about a pound's worth of silver—the man came back in about 40 minutes—I looked in the till, and found the florin where I had placed it, at the top—I found it was bad—I had not taken any silver since—I bent it and broke it—it was a new coin; the other florin was worn and old.
WILLIAM WELCH . I am a butcher, of 12, Caledonian Road—on 10th January, about 8 p. m., the prisoner came and picked out a pound of sevenpenny pieces of meat—my little girl served her—she tendered a florin in payment—I found it was bad; I broke it, and handed it back to her, and said" This has come to pieces, mother, how did you come by it?"—she said "Is it a bad one?" I said" Yes"—she said "I took it out of that half-crown;" that likewise was bad—I said" Where do you get these from?" she said "I have taken them of my customers at my stall"—she did not soy where her stall was—I sent for a constable, and gave her into custody.
Prisoner's Defence. I received the money from the man.
NOT GUILTY .
NEW COURT.—Monday, January 30 th, 1882.
Before Mr. Common Serjeant.
MR. COUCH Prosecuted.
SUSAN VINCENT, JUN . I live with my father and mother at 7, Marchmont Street, Eussell Square—we keep a fruit shop—on 10th January, about noon, the prisoner bought some apples and lemons, which came to 5d.—she gave me a half-crown; I gave it to my mother, who gave her the change, and she left—I put the apples in a bag with our name on it.
SUSAN VINCENT . My husband is a fruiterer—on 10th January my daughter brought a half-crown upstairs to my bedroom and put it on the toilet table—I put it into my purse, which I put into my pocket—I had no other money there—I spent nothing while 1 was out—when I came home, about 5 o'clock, my husband spoke to me, and I put the half-crown in the tester and found it was bad—I kept it, and gave it to the constable next morning—I saw the prisoner, and am certain of her—it was about a quarter to 12 at noon.
WILLIAM SMITH . I keep the King's Arms, Barnsbury Eoad, Islington—on 12th January, about noon, I served the prisoner with a quartern of gin in a bottle—she put down a bad half-crown; I tested it, bent it, and sent for a constable—this is it—I said "This is bad;" she said "I will give you another for it"—my house is about a mile from Russell Square.
ROGER MAXWELL (Policeman Y 315). On 12th January I was called to the King's Arms about 12.10 in the day; the landlord gave me this half-crown and charged the prisoner with passing it—I said "How did you come in possession of it?"—she said "I have been with a gentleman all the morning, and he gave me a half-sovereign"—I said "The halfsovereign has nothing to do with the half-crown"—she made no reply—I took her to the station, where the female searcher handed me a good half-crown and a halfpenny—there were three parcels of fruit in her basket, and Mr. Vincent's address was on one bag—I went there next morning, and Mrs. Vincent gave me a half-crown, and on the 11th she picked the prisoner out when placed with another woman at Clerkenwell.
Prisoner's Defence. A gentleman gave me a half-sovereign, and I got the coins in change.
GUILTY of the second uttering. She then PLEADED GUILTY to a conviction of felony at Clerkenwell in February, 1875, when she was sentenced to ten years' penal servitude.**— Twelve Months' Hard Labour.
MR. EYRE LLOYD Prosecuted.
CATHERINE YOUNG . I am a widow, of 31, Cleveland Street, Fitzroy Square, and keep a linendraper's shop—on 30th December, about 7 p.m., McIntyre came in and put down a half-crown for a pocket-handkerchief price 4 1/2 d.—he then pointed to the window, and asked the price of some searves—I said "There are none there"—I put the coin in the trier and it broke easily—I said "Have you any more of these?"—he said "Yes, I have another here"—I said "That is a good one; why did not
you give me the good one?"—he said "Oh, I have just taken that; I have a cab outside"—I said "I will go with you in the cab"—he said "Oh, it is too far for you to go; I took it in the Kont Road"—I said "If you don't like me to go, I have a man inside, or my son, who will go with you"—he then rushed out and my sou after him—there was a cab outside, but it belonged to two ladies, not to him—he was brought back by two constables in about ten minutes—the Magistrate remanded him for a week, and then discharged him.
CHARLES YOUNG . I am the son of the last witness—I saw the prisoner run out at full speed and round a corner into a mews, where he hid behind some trucks—I called out "Come out;" he came out, and I caught hold of him—he said "Let me go," but I refused—two constables came, and we went back to the shop.
THOMAS HENRY BISHOP (Policeman E 175). I took Mclntyre—we went to the shop, and he gave his name Thomas Smith, 14, High Street, Edinburgh—I found on him a good halfcrown and 1 3/4 d.—I and another constable took him to the station—he said "I have a friend who I should like to turn round on you."
Cross-examined by McIntyre. The other constable hit your hand with his truncheon, because you would not give him some coin which you took from your pocket.
LYDIA DOVE . I am barmaid at the Monument Tavern, Fish Street, City—on 6th January, about 11.30 p. m., I served each of the prisoners with a glass of ale—Wade tendered a bad halfcrown; I broke it in the tester—these are the pieces—I said "It is a bad one"—McIntyre said "Will you let me have the evening paper"—I called Mr. Dew and gave him the pieces—he said "Have you any more?"—McIntyre said "Yes, we have several of them"—they showed what they had in their pockets and then left—McIntyre had all the say; Wade only asked for the beer.
Cross-examined by Wade. I did not put the halfcrown in the till—you spoke confused, but you were not intoxicated—you gave me a good, halfcrown after the policeman came—I had given you two separate shillings and 2 1/2 d., as far as I can recollect.
FREDERICK DEW . I keep the Monument Tavern—on 6th January, about 11.30 p. m., my barmaid showed me this broken coin—I said to the prisoners "Have you any more like these?"—McIntyre said "Yes, possibly several"—I said "To save trouble, let me see what you have got"—Wade put his hand in his pocket and threw three or four good halfcrowns on the counter—I said "If you have not any more I should not like to give you in custody"—Wade said "It is all right, governor; I work at Mr. Alexander's"—I said "What, Alexander's over the way?"—he said "No. he has other shops; he has a shop in Buckingham Palace Road and Luther Road"—I said "I am not aware of it"—he said "All right, governor; I have taken it from a man for something or other"—I said "Of course you are acquaintances of each other?"—McIntyre said "We are perfect strangers; I saw this poor fellow outside and thought I would offer him a glass of ale"—I said that it was rather strange to do so and then ask him to pay for it—McIntyre said "I paid for my own"—Wade said "You did not"—I sent for a constable, and when he arrived Wade tendered a good half-crown—the barmaid took it and gave him the change—Wade said "If you are going to run us in do it; don't let us stand lingering here"—we took thorn to the station.
Cross-examined by McIntyre. I did not hear you ask Wade to have a glass of ale—you were as sober as you are now.
ALFRED JAMES (City Policeman 754). On 6th January about 11.30 I was inside the Monument public-house in plain clothes, and saw the prisoners come to the bar—Wade said to McIntyre, "What will you have to drink?"—he said," A glass of bitter," and McIntyre had the same—Wade tendered a half-crown to pay for both—the barmaid took it and went to the till—McIntyre then said, "Have you got the evening paper, miss?"—she said," I will go and see"—she went to the inner bar, and the landlord came out with a broken half-crown in his hand, and said, "Have you got any more like this?"—McIntyre said, "I dare say we have several half-crowns"—the landlord said to Wade, "What more have you in your pocket?"—Wade took out several silver coins—McIntyre said, "I don't think I have any half-crowns, "taking out some coppers—they were given in custody.
McIntyre's Defence. I received the money in change for a half-sovereign.
Wade's Defence. I did not know that the half-crown was bad.
McINYRE— GUILTY .
He then PLEADED GUILTY to a conviction of larceny at Clerkenwell in August, 1873.**— Two Years' Hard Labour.
WADE— GUILTY on the third count only. He then PLEADED GUILTY to a conviction of felony at Surrey Sessions in March, 1875. **— Twelve Months' Hard Labour.
OLD COURT.—Tuesday, January 31 st, 1882.
Before Mr. Recorder.
236. HERBERT MEEK (16), JAMES ALLEN (38), WILLIAM MACKINTOSH (21), and WILLIAM JEFFREY ALDRICH (19) , Stealing 83 silk handkerchiefs and 14 silk mufflers and other goods of John Elsden and another, the masters of Meek. Other Counts for receiving.
MEEK PLEADED GUILTY to this and to four other indictments.
MR. J. P GRAIN rosecuted; MR. BURNIE appeared for Allen, MR. GILL for Mackintosh, and MR. GEOGHEGAN for Aldrich.
JOHN DAVIDSON (City Detective). I have been acting under Brett, my superior, in this case—on 30th December I received instructions to watch the warehouse of Messrs. Patterson in Staining Lane—I saw Meek leave the warehouse on the 31st—I followed him to the cloak-room of the Ludgate Hill Station—I saw him give a ticket and obtain this parcel—he then took the train by the District Railway; I did the same; I followed him to St. James's Park Station, and to the Albert public-house in Victoria Street, Westminster, facing the Army and Navy Stores—he went into a private bar—I followed him in after a minute or two, and saw him sitting down, and Aldrich and Mackintosh, and another person whom I do not identify—Meek had this parcel open, and Mackintosh appeared to be examining its contents—when I entered Meek doubled up the parcel—there was some conversation going on between him and Mackintosh, which I did not hear—I heard Meek say," I will bring
them up on Monday in my dinner-hour about 1 o'clock"—Aldrich said, "What is the use of saying 1 o'clock? it is generally a quarter to 2 before you get here"—Meek said," Well, say 2 o'clock"—there was a little more conversation, which I did not hear—I saw Mackintosh take some money from his trousers pocket, count it, and give it to Meek—Mackintosh then took up the parcel, put it under his arm, shook hands with Meek and Aldrich, and walked out of the house—I went out shortly afterwards, and saw Mackintosh and Allen in conversation together in Victoria Street—Allen was carrying another parcel, which was ultimately found to contain a coat; it had on it the address of Mackintosh, Army and Navy Stores—"I followed them about 300 yards, having in the meantime got the assistance of another officer—I then said to Mackintosh, "I am a policeofficer; what have you got in that parcel?"—he said," Handkerchiefs"—I said," What handkerchiefs?"—he said, "Silk handkerchiefs"—I said," Where did you get them from?"—he said, "I bought them of a friend of mine in the Albert public-house"—I said," What did you give for them?"—he said," I decline to tell you, "or" I won't tell you"—I said," Do you know the lad you bought them of?"—he said "Yes"—I said, "What is his name?"—he said, "Meek"—I said," Doyou know where he works?"—he said," Somewhere in the City"—I said, "Do you know where he lives?"—he said, "It" is at Richmond somewhere, I don't know where; I frequently buy them in this public-house"—I then said to Allen, "What have you got in that parcel?" alluding to this one—he said, "It belongs to him," pointing to Mackintosh—Mackintosh said, "It is a coat of mine, I have been measured for it"—I said, "Where did you get it?"—he said, "It was sent to the stores where I am employed, and I brought it out with me when I left at 2 o'clock"—I said to Allen "Where did you get it?"—Allen said "I met him, and he asked me to hold it for him"—I said to Mackintosh "You did not have it in the public-house"—he said "No, he was holding it for me outside"—I then said I should take them both into custody on the charge of having possession of this property supposed to be stolen—Mackintosh said "I received them, but I did not know they were stolen"—Allen said "I know nothing about them at all"—I ultimately examined the parcel; it contained five boxes, containing 83 handkerchiefs, some of which I produce—I took them to Rochester Row Station—I had allowed Meek and Aldrich to go away—at the station Barrell, a constable, spoke to me, and took some handkerchiefs from Allen, and a muffler, which he gave me in Allen's presence—I searched Mackintosh, and found on him a muffler which he was wearing similar to that found on Allen, and five other handkerchiefs in his pocket, one new one, the others had been used—some others were afterwards given up by Mackintosh—on Monday, 2nd January, I went to the Army and Navy Stores in Victoria Street; I there saw Addrich—I said to him "I am a police officer, I have a lad named Meek in custody charged with stealing a large number of silk handkerchiefs in the City, and two other men named Allen and Mackintosh charged with receiving them at the Albert public-house on Saturday afternoon, about 3 o'clock; Meek has made a statement that concerns you; what do you know about the handkerchiefs?"—Aldrich said" I will tell you the whole truth, sir; I have bought a large number of his handkerchiefs; I have bought from two to three dozen at a time; I have met him at the railway station in his
dinner hour, and have taken as many as four dozen mufflers at a time; at other times he has brought me so many that I have not known what to do with them; I have paid him from 7s. to 10s. per dozen for them; I should think I have bought about 25 dozen; Meek always told me that he bought them of a man whose name he mentioned, but I have forgotten it; on one occasion I spoke to his father in the presence of my brother, and he said 'Oh, he gets them honestly enough'"—I then told Aldrich that he would be charged with being concerned with others in custody with receiving about eight dozen handkerchiefs in the Albert public-house on Saturday afternoon—he said "I never received any of them, and I did not know they were stolon, or I would not have touched any of the others"—I then conveyed him to the station, and he was charged—he handed me three handkerchiefs, one muffler that he was wearing round his neck, and two others in his pocket—I said "What have you done with the handkerchiefs you bought?"—he said "I have sold some to a man named Warwick, and to a man named Collingham, and a large number to the servants in the Army and Navy Stores"—I asked him for his address, and he gave it, "Glen Cottage, River Lane, Petersham, near Richmond"—I went there; it is his mother's house; I there found these 17 silk scarves (produced)—they all appear to have been used; they were not in boxes, but in drawers—I also found three cardboard boxes, and the lid of another box similar to these; one of the boxes has Messrs. Patteson's price mark on it—I went back and showed these things to Aldrich, and he said "I bought them from Meek from time to time"—on a subsequent Wednesday in January I went with a man named Cross to Peckham, and he pointed out a house to me, 21, Anstey Road—before that, at the station, the inspector asked Mackintosh about the price he had given for the handkerchiefs, and he said "I have given 7s. a dozen; I have paid him 30s.," and then he said "I have paid him 35s. for them"—I produce a parcel containing 27 handkerchiefs and mufflers and three boxes which I received from Henry Warwick; they are all new, and folded up in squares.
Cross-examined by MR. BURNIE. I said before the Magistrate "I think both the handkerchiefs found on Allen had been used"—I did not notice what Allen was wearing when I went into the station—I can't say how long he had been there before this muffler was produced, I should say I left him there for about two hours—Fraser, the cabman, was not there when Alien and Mackintosh were taken there—I searched Allen's place, but found nothing.
Cross-examined by MR. GILL. The place I went into at the Albert was a small bar, about 3 feet square—there are tables and seats there—the fourth person there was a stronger, sitting at a table on the opposite side to the others—he was there when I went in—I did not see when he went out—I was there about 10 minutes—I followed Mackintosh to see what the parcel contained; if I found they contained silk handkerchiefs I intended to take him into custody—it was my duty to ask him questions—he said "You were there, and saw me pay for them"—I asked him where Meek got them, and he said "He buys them in the City. "
Cross-examined by MR. GEOGHEGAN. There is a door from the private compartment into a diningroom; persons going to the diningroom would have to pass through the room where the prisoners were—I went to Aldrich at Richmond about 7.30 p.m.—his mother and brother were
there—she is a widow—while I was there Meek's father came in—Mrs. Aldrich gave me every assistance; she pointed ont the mufflers to me, and told me where to find them—Aldrich told me everything frankly, there was no hesitation or concealment at all.
JAMES BRETT (City Detective Sergeant). On Saturday evening, 31 st January, I went to the policestation in Rochester Row, and there saw Allen and Mackintosh in custody—four boxes of handkerchiefs and fourteen others were produced to me before them, and I told them they would be charged with receiving them knowing them to be stolen—Mackintosh said "I bought them of a person I know;" Allen made no reply—I searched Allen, and found on him this handkerchief—the other handkerchiefs were handed to me by Barrell, who said he had taken them from Alien's pocket—I said to Allen "Where did you get this?" he said "I bought it"—I said "Where?" he made no reply—at that time Davidson handed me another muffler, like the one he had taken from Mackintosh—I again said to Allen "Where did you buy this?" he made no reply—I said to Mackintosh "Where did you get them?" he said "I bought them of the same person;" he described the person—I then took them to the City, and charged them; they made no reply—Mackintosh gave his address 21, Anstey Eoad, Peckham Rye—I went there with Davidson, and searched a room pointed out to me by Mrs. Mackintosh as her son's—I there found 10 handkerchiefs and two mufflers similar to those worn by Allen and Mackintosh—I also received from Mrs. Mackintosh five other mufflers, which she took from a wardrobe, and I brought away five handkerchief boxes—some of the mufflers and handkerchiefs were contained in the boxes—they were new—I took them to the policestation, and showed them to Mackintosh, and told him where I had found them, and he said "I bought them of the same person, I have frequently bought of him; it was all open and above board. "
Cross-examined by MR. BURNIE. It was about 5 o'clock when I went to the policestation——Fraser was not there then; I don't know when he came in, I did not see him—there were only the two prisoners there, a uniform constable, Davidson, and myself—Davidson handed me this muffler that he had taken from Mackintosh at the time I was searching Allen.
Cross-examined by MR. GILL. The handkerchiefs I found at Mackintosh's wert in drawers and boxes—they were not locked up.
JOHN FRASER . I am a cabdriver—on 31st December I went to the police-station in Bochester Bow to deposit some property which had been left by a fare in my cab—I saw Allen and Mackintosh there—while waiting there Allen beckoned to me—I went over to him, and he offered me a silk handkerchief, like one of these—I refused to take it—it was doubled up in his hand—I did not handle it—he offered it to me twice—I refused to take it, and spoke to Barrell, who was there.
Cross-examined. This was about 4 o'clock—there were two officers in uniform in the station at the time—they were writing at a table—the prisoners were by the fire, away from them.
WALTER BARRELL (Detective B). I was at Rochester Bow Policestation on Saturday afternoon, 31st December—Fraser made a. communication in my presence, in consequence of which I watched Allen—I saw him very fidgety with his left band in his pocket, and I said, "You seem very fidgety, what have you got in your pocket?"—he said, "What is that to do with you?"—I said, "From what I have heard
you have been trying to give a handkerchief away"—he said, "You are wrongly informed this time"—I said, "I mean to see"—with that he took this handkerchief out of his pocket and handed it to me—it had been folded as if it had been round the neck; it was crumpled up—I said, "Where did you get it from?"—he said, "What is that to do with you? gire it me back"—I said, "No; I shall detain it till the officer comes back," which I did, and handed it to the officer.
JOHN ALLCHURCH . I am housekeeper at the Army and Navy Stores—Mackintosh and Aldrich were employed there; Aldrich was a clerk in the cash remittance office, and Mackintosh in the cash deposit office—they had nothing to do with buying for the stores—on Saturday afternoon, 31st December, I was sent for to the Rochester Row Policestation—I there saw Mackintosh—I asked what brought him there—he said for receiving some silk handkerchiefs—I said it was a bad job—he said, "I thought it was all right; I thought I was buying honestly enough; they have not taken all from me now; I have some in ray pocket"—he then took from his pocket these fourteen mufflers, all new and folded—he handed them to me, and I gave them to the police.
Cross-examined by MR. GILL. Mackintosh has been in the stores for about three and a half years—the directors are very particular in making full inquiries as to the persons they employ—I have seen single handkerchiefs like these in the possession of different persons in the employment—some were sold by Collingham, Aldrich, and Mackintosh—I don't know of Warwick selling any—complaints were made to the secretary of some persons having sold them—our stock was examined, but they were nothing at all like ours, and the matter dropped.
Cross-examined by MR. GEOGHEGAN. Aldrich has been with us two or three years—strict inquiries were, made before he was taken into the employment—he has always given satisfaction.
HENRY WARWICK . I was a clerk in the Army and Navy Stores with Mackintosh and Aldrich—I gave over to Detective Davidson 27 handkerchiefs—I had purchased them from Aldrich—I paid him prices varying from 8s. to 18s. a dozen for them—I had bought more than those; during nine months about six dozen—the last purchase was about three weeks before Christmas—I asked him on several occasions where they came from—he always said the same, that he had a friend a traveller, and these were samples, which were perquisites.
Cross-examined by MR. GEOGHEGAN. The sales were quite open—he sold some to other clerks, quite openly, in the day time.
Re-examined. Some were in boxes and some he had in his pocket—those in boxes were in dozens, folded up, with the lid on, and similar patterns.
ROBERT CROSS . I am a potman by trade—I have known Allen 10 or 12 years—I don't know what his occupation has been—I was out of place last December—I saw Allen and told him that I had been after a situation, and was hard up, and I asked him for a penny to get me half a pint of beer—he took me to a public-house and gave me some—he then pulled out a pockethandkerchief and gave it me to pawn or sell for 1s. 6d.—I pledged it for 1s. 6d. and gave him the ticket and the money—he gave me back the ticket to sell for my trouble, and I sold it for 4d.—I said "Have you got any more, Jem?"—he said "No, I may have some to-night or to-morrow morning"—I saw him next morning,
and he gave me three more, which I pledged for 1s. 6d. each at one place—I asked him if they were all right, and he said "Yes"—he said I must not leave them under 1s. 6d. because they cost him more—I got the tickets on those and sold them the same as usual—I had three more after that, which I pawned, one at each place, gave him the money, and kept the tickets—I had more during the three weeks—I could not say how many; they were in halfdozens, and as many as nine at a time—I went to a great many pawnshops; I could not well confine myself to one neighbourhood; they told me they had had a bellyful of them round Walworth—when I took them to the pawnbrokers' I had them round my neck, and took them off when I went in; he told me how to do them; he crumpled them up like this (describing)—I said" Don't do it, Jem; you will spoil them"—he said "Don't I know better than you? they will lend you more that way than the other"—I gave my own name, but he told me to give my address at the nearest street to the pawnbroker's, and any name I liked—on one occasion he went with me to the pawnshop, but did not go in—I remember showing Davidson a house at Peckham; I had been in that direction with Allen one afternoon in the week, and one Sunday morning he left me at the corner public-house and went to a house in Anstey Road—the policeman afterwards spoke to me, and said "Bob, I think there is something wrong with them handkerchiefs; don't you have any more"—I afterwards told that to Alien, and he said" You silly fellow, they are only pumping you; them tilings are as straight as can be."
Cross-examined by MR. BURNIE. He said he was having them of a man who bought them wholesale at a large warehouse in the City—I first saw him about three weeks before Christmas about these handkerchiefs; that was in the street—I afterwards met him at different places, sometimes at his own houso and sometimes at different places—there were plenty of other people with him as well as me.
THOMAS FOSTER HARRIS . I am a commission agent—I carry on business in all parts of England—my address in London is 285, East Street, Old Kent Road—I have known Allen close upon twenty years; he has been what I should term a general dealer in anything, going to Debenham and Storr's and buying and selling—I bought handkerchiefs like these of him, first about two months ago, I can't say; I bought five separate ones, and gave him 1s. 6d., 2s., and a half-crown—I pledged two in the Walworth Road and two in the Old Kent Road, two at Sprunt's and at Russell's, and two at Burls' in the Walworth Road—they were mufflers like these—I did not buy any in boxes or in dozens; those were all I bought.
ALFRED WALKER . I am assistant to Mr. Burls, pawnbroker, East Street, Walworth—I produce three mufliers pawned on 7th October, 22nd October, and 20th December—Allen pawned the first for 2s., and Harris the others; one in the name of Harris for 2s., and one in the name of Jones for 1s. 6d.
Kennington Park Road—I produce a handkerchief pawned by Cross On 22nd December for 2s.
HENRY GEORGE CORNELL . I am ledger keeper in the Deposit Office at the Army and Navy Stores—I know Mackintosh and Aldrich quite well—I know Allen by sight—I have seen him in a coffee-house in Rochester Row, where we have tea when we are working late—I have seen him there conversing with Mackintosh and Aldrich on more than one occasion—I have seen neckties and handkerchiefs sold by Aldrich in the stores singly to clerks, at prices varying from 9d. to 1s. 6d. each.
Cross-examined by MR. GEOGHEGAN. They were sold quite openly in the stores to his brother clerks.
CHARLES WILLIAM ELSDEN . I am in partnership with my father, John Elsden, and Mr. Jones—we trade as J. Patteson and Co., wholesale warehousemen and manufacturers, in Staining Lane—Meek was with us about two years—he kept the stock in order in the Bandanna department, in which all these goods are placed—I was manager of that department, and Meek was under me—in consequence of considerable losses in that department a communication was made to the police, and they watched—these 83 handkerchiefs taken from Mackintosh are ours—the wholesale value of them is about 6l. 12s.—the cost price would be about 1s. 8d. each, and the mufflers 2s. each—these 14 mufflers found on Mackintosh are ours, and also those found at Aldrich's house; also the two handkerchiefs taken from Allen, and the 27 handed up by Warwick, in fact all those seized by the police are ours—Meek had no authority to sell without first coming to me—most of these are made for us only—all those produced by the pawnbrokers are ours.
Cross-examined by MR. BURNIE. I had an interview with Meek, and told him we were going to charge him—he then said he had sold these handkerchiefs to Mackintosh and Aldrich.
Cross-examined by MR. GILL. We received a letter from Meek, in which he mentioned a manager in our employ, who has been discharged.
Cross-examined by MR. GEOGHEGAN. That manager was in our service when Meek came into it—he was discharged in June last—some of the boxes bear our private mark.
MACKINTOSH and ALDRICH received good characters.
GUILTY . MACKINTOSH and ALDRICH, were recommended to mercy by the Jury— Six Months' Hard Labour each. ALLEN— Eighteen Months' Hard labour. MEEK— Twelve Months' Hard Labour.
NEW COURT—Tuesday, January 31 st, 1882.
Before Mr. Common Serjeant.
MR. EYRE LLOYD Prosecuted; MR. HORACE AVORY Defended.
—on 23rd December, about 10.20 a. m., the prisoner came in for a glass of port wine, and placed this good sovereign (produced) on the counter—I put a Halfsovereign and 9s. 6d. in silver in front of him—there was no other money on the counter—I then turned my back to get some cruets, and he said "Governor, look here"—I turned round and found a Hanoverian medal on the counter, substituted for the halfsovereign—I am positive I had put down a good one—he said "It is abad half-sovereign"—he did not hold it in his hand—I said" I did not give you that"—he said "You gave me that in change with the silver"—I said "No, I did not; certainly not"—he said" Call in a policeman, then"—I called a plainclothes constable who was in the other compartment, who said that it was a trick, and asked him how many more he had about him, and he produced three or four similar medals wrapped in tissue paper, saying" Well, I own I did try to pass it; do forgive me; it is my first offence."
Cross-examined. No one else was in the same compartment—I am quite certain I did not give him this medal, because I arrange the tills every morning, and put out 3l. of silver and four half-sovereigns, and nothing had been changed, it being so early—I am too good a judge to put that down—it has "To Hanover" on one side and "Victoria Regina" on the other—I could also tell by the weight that it was not a halfsovereign—it is nearly the same colour as an Australian half-sovereign, but nothing like the colour of this half-sovereign (produced)—I was not likely to be taken in by it; no man would be—if I had seen the prisoner going away I should have locked him up unless he had given me his card.
EDWARD LATTER (City Detective). I was at the Bell, in plain clothes, and Mr. Cox said that the prisoner had given him this coin—I said" This is a trick; where is the halfsovereign Mr. Cox gave you?"—he took this good halfsovereign from his trousers pocket, and said to Cox several times "Do forgive me; it is my first offence, but I did intend to pass it"—I said" Have you got any more in your possession?"—he said" No"—I said" Are you sure?"—he made no remark, but took from his waistcoat pocket these four other coins wrapped in tissue paper, which covered each separately—he said he would let Mr. Cox have the 19s. 6d. if he would let him go—he was then given into my custody—as I took him to the station he threw a cheque-book of the London and Provincial Bank under a cart—that was given to the owner, whose case was not gone into—I searched him at the station, and found two more coins, one the size of a sovereign and one of a half-sovereign, and 9s. 6d. in silver—he said that he hoped the prosecutor would forgive him, as it was his first offence, and that he intended to pass it—I found some duplicates—he gave his name Jeffery, Orderly Road, Clapton—I went there with a key which I found on his watchchain, opened a writingdesk, and found, eight more coins and 65 duplicates.
Cross-examined. I found that he was living there; I saw his daughter—his statement that it is his first offence is true—he is paralysed on his left side—this certificate of his discharge from the Cape Mounted Rifles was found at his lodgings.
MR. AVORY submitted that there was no evidence that the coin resembled a half-sovereign in colour and figure, or of the prisoner's procuring the medals, and his merely having them was not an offence, unless he had them with intent to utter them. The COURT left it to the Jury to say whether the coin resembled a
half-sovereign in figure and colour, but considered that there was no evidence that the other coins were procured with the intent to utter them.
GUILTY on the Fourth Count (for false pretences).— Three Months' Hard Labour.
MESSRS. EYRE LLOYD and CROOME Prosecuted.
JOSEPH FIX . I am assistant to Dick and Jones, hosiers, 298, Edgware Road—on 23rd December, about 7 p. m., I served the prisoner with two collars, which cost 7d.; she gave me this halfcrown; I gave it to the cashier, and called his attention to it; he gave me the change; I gave it to the prisoner, who left the shop—I saw the cashier give the coin to Jones, who said "It is good"—he tried it with his teeth, marked it, and put it in an envelope; the mark is on it now—on that day fortnight, Saturday evening, the prisoner returned; I knew her as she came in, and put myself to serve her—she asked for a pair of socks, and gave me this florin—I showed it to Jones, who tried it, and said "Now we have you; it is a bad one"—she said "I don't understand you"—he said "You have played the game too often," sent for a constable, and gave her in charge for the two utterings—she said she had not been in the shop before—the shop is well lit—I had a good view of her, and am sure she is the person who came on both occasions.
Cross-examined by the Prisoner. You had two black eyes on the first occasion, and they were still black when you returned.
JOHN JONES . I am one of the firm of Dick and Jones, hosiers, of 298, Edgware Road—on 23rd December my cashier showed me a bad halfcrown—I marked it; this is it—I don't recognise the prisoner—on 7th January I went to the counter when Hicks served the prisoner—I saw her put down a florin, which I found was bad, and said to her "You are caught at last; you have played your cards too often; you passed a bad halfcrown on the 23rd of last month, and we have watched for you"—she said" I have never been in the shop before; I did not know the florin was bad. "
WILLIAM CONWAY (Policeman X 822). On 7th January I was called, and Jones gave the prisoner into my charge with this halfcrown and florin; I said" Where did you get these coins from?"—she said" I don't know; I have had them some time"—I asked where she lived—she said "I won't tell you"—I took her to the station, and after she was charged, she was sitting in a chair, and seemed as if something passed down her throat—I placed two fingers on her throat, and she got black in the face—I sent for a doctor—both eyes were black and closed at times—I saw that before she turned black in the face, choking—black eyes are three weeks before they get well.
Cross-examined. I examined your purse at the station; you had a shilling, a penny, and a latchkey—you asked me for some water, but that was after the swallowing.
The Prisoner's Statement before the Magistrate. "I was not in the shop on the 23rd, and was not in Edgware Road. On 7th January I went in and bought a pair of socks and put a 2s. piece on the counter. I did not know it was bad. I took it of a man I bought two haddocks of.
The prisoner repeated the same statement in her defence.
GUILTY of the second uttering. — Six Months' Hard Labour.
MESSRS. EYRE, LLOYD and CROOME Prosecuted.
MARY ATTWOOD . I was barmaid at the Prince Alfred, Bayswater—on 15th December, and between 3 and 4 p. m., I served the prisoner with a glass of ale; he gave me a halfcrown; I gave it to Mr. Linley, who gave him in charge—the constable gave me the coin; I tried it in the tester, found it bad, and gave it back to the constable—the prisoner was remanded and ultimately discharged.
EDWARD LINLEY . I am landlord of the Prince Alfred—on 15th December the last witness handed me a bad halfcrown—I showed it to the prisoner; he mentioned some place where he had taken it—I gave him in charge—the Magistrate discharged him.
Cross-examined. You could have run away, as it took me a minute to get round the counter, but you did not attempt to do so.
JOHN DRURY (Policeman X R 14). Mr. Linley gave the prisoner into my custody with this halfcrown—he said "A gentleman gave it me for carrying a portmanteau from the Marble Arch to the Great Western Bailway"—I asked his name and address, but he gave his name only, George Bell—I passed the coin to Attwood; she bent it in the tester and returned it to me—I have kept it ever since—I found a good florin and 3/4 d. on the prisoner.
Cross-examined. When I asked your address you said "Find out"—you did not say that you did not give it because you did not want to bring disgrace on your parents.
HENRY UPSON . I am barman at the Bedford Head, Tottenham Court Road—on 5th January, at 5.30, I served the prisoner with some drink, which came to 1 1/2 d.; he put down a halfcrown; I bent it in a tester and gave it to him back, and told him it was bad—he said that he had just taken it—he paid with a good shilling and left—I saw him at 9 o'clock that evening at the policestation.
HANNAH ELEANOR GLENISTER . I am a clerk in the Post-office, Great Russell Street—my sister Charlotte is also a clerk there—she is too ill to attend here today—I saw her serve the prisoner on 5th January—he asked her for five shillings' worth of 1d. postagestamps; she said three times "Give me your money," or" Your money, please"—he put down three good shillings and a 'bad halfcrown—she put it in the tester, it would not pass through, and it did not come up to the weight—she said "You have tendered me a bad halfcrown," and I said "It is bad;" he said "Give me back the half-crown, I did not know it was bad, I will have three shillings' worth of stamps"—we gave him in custody with the coin.
The prisoner, in his statement before the Magistrate, and in a written defence, stated that the barman was mistaken in his identity in the first case, and that as to the stamps, he did not know the halfcrown was bad; that he was earning 1l. a week, and would not risk his liberty for a halfcrown.
GUILTY .— Twelve Months' Hard Labour.
FOURTH COURT.—Tuesday, January 31st,1882.
Before Robert Malcolm Kerr, Esq.
MR. DE MICHELE Prosecuted.
ARTHUR DONES . I am a clerk, and live at 72, Vauxhall Bridge Road—I was returning home on 12th inst., about 1.10 a. m., through Vincent Square—the prisoner came and spoke to me—she said "Hallo, Charlie," and talked two or three minutes, and asked me to give her some money—I gave her 3d. and got rid of her—I missed my pin a few minutes afterwards—I next saw it when the woman was taken in charge the same morning.
WILLIAM WYBROW (Policeman B 193). From information I received from Dones I found the prisoner at 35, Romney Street—I told her she would be charged with stealing a pin from Dones; she said she had not got it—I told her to dress and go with me—I searched, and found this pin between the mattress and under the bedclothes—it has been identified—she said it hung in her sleeve, and she did not find it till she got home.
The Prisoner's Statement before the Magistrate. "I am not guilty. I cannot say any more. * * * I had my arms round his neck, and the pin caught in the wrist of my jacket. I did not find it till I got home."
GUILTY .— Six Months' Hard Labour.
MR. BESLEY Prosecuted; MR. FILLAN Defended.
HENRY TAYLOR (City Detective Officer). Messrs. McKinlay carry on business at St. Paul's Pier Wharf, and are wholesale dealers—I know Buckmaster, a porter there, by sight—he was and is in my custody—I was employed on 2nd November, with McGregor, another officer, to watch the premises—at 8.15 a. m. I saw the prisoner drive up to the warehouse in Upper Thames Street in a cart drawn by a pony; a lad was with him—Rowley got out of the cart, looked down the wharf cautiously, when he got to the warehouse he partially covered his face with his pocket handkerchief—the warehouse door was open—he suddenly went in—he came out with Buckmaster; they went to the Fortune of War public-house in Upper Thames Street—the cart was about 20 yards from the door—Buckmaster motioned to the boy, who took the pony and cart to the warehouse door, where the cart was loaded—I saw a range, stove, and iron fencing put in—the boy covered the goods with some sacks—Buckmaster went to the public-house again, and the boy took the cart towards Queen Victoria Street—some time after I saw Rowley drive away to Queen Victoria Street, and stop at Bennet's Hill—he then went to the warehouse, and I saw him returning with a clerk—they went to where the solicitor's, offices are—Buckmaster was taken into
custody on 22nd November—I took Rowley into custody at Elgin Road, Harrow Road—I went more than once, and could not find him—that was early in the morning and late at night—I saw him in the Skiddaw public-house in the Elgin Road on the 14th—I said "Mr. Rowley, I wish to speak to you;" he came out of the house—I said "We are policeofficers from the City, we shall arrest you for receiving on 2nd November a range, a stove, and some iron fencing from Messrs. McKinlay;" he said "I am very sorry, I know nothing whatever of it"—he was taken to the City, charged, and locked up till Monday morning at the Mansion House—he afterwards said" I do not deny having the goods, I paid money to Buckmaster for them; I suppose he got drunk with the money"—since the committal I found the boy—he is a witness.
Cross-examined. I did not try to find the prisoner in the Holloway Debtors' Prison—I understand he was there—I know nothing against him—I do not remember the man's name who helped Buckmaster—he is not here.
ROWLAND DUNBAR . I am a warehouseman employed by Messrs. McKinlay—I had to obey Buckmaster—on 2nd November he asked me to give him a hand to load a cart—I assisted in putting the goods on the scale, and they were lowered down—a lad was in charge of the cart—I have seen him here—I afterwards went into the warehouse—this is the note I made not ten minutes after the goods were put in (this was a list of kitchen ranges and other goods).
Cross-examined. Another warehouseman assisted—as a rule when the clerks have not come Thaxter takes any money that may be received, but I have taken money and given it to Thaxter—if a man has an account the orders will be given out, and a list is made out and given to the clerk, and the order is filed.
Re-examined. The clerks come about 8.30, and then they receive all cash—I had received instructions to make a note of any goods going out in the morning—I made the note in consequence of those instructions, and not in the ordinary way of business.
WILLIAM LOVEGROVE . I was in Rowley's employment in November last—I remember on 2nd November coming to Thames Street in a pony and cart; I pulled up at the corner of the wharf; Rowley then went away—before going he told me to meet him at the top of Thames Street—he was absent about an hour—while he was away some things were loaded into the cart; the man told me to cover them over with sacks—then I went to meet him at a place appointed in Lower Thames Street—then we went to Queen Victoria Street, and then straight off to Tottenham—I saw the man who spoke to me about covering the goods over with sacks; he was waiting at the top of Thames Street; no one was with him—part of the goods were left at Tottenham; the remainder were taken to Scrub Lane—I remained in Rowley's service three weeks afterwards—he had been living in the Kensal Road up to 2nd November; he continued to live there—his place of business was in the Eigin Road—he came there during the three weeks the first thing in the morning, before breakfast—he told me if I saw any one I was not to know where he was.
Cross-examined. He told me there was a committal order against him for rates—building was going on where I took the goods to.
—Rowley was a customer previous to December, 1880, when he owed us 2l. 0s. 4d.—I afterwards gave him no credit—in May we put the matter in the hands of our solicitors—I saw nothing of him between May aud November—in November we had reasons for suspecting Buckmaster—I gave Dunbar directions—Taylor was employed to watch the premises—customers usually come about 8.40—goods are delivered at 8.15 if the customer has an account—the orders are filed—Buckmaster ought not to take cash—it was paid to the clerk—no moneys are received without receipts being given, to my knowledge; an invoice is given—a receipt might be given for part payment; this is in Gillis's discretion—I have seen the list Dunbar made—the value of the goods would be 6l. 2s. 6d.—I have looked through our books; there is no entry of the goods nor of the 30s.—Walter East, my man, is not in good health; he was at the other Court, but not called.
Cross-examined. My warehousemen ought not to receive money on account—we have four partners.
JOHN GILLIS . I am clerk and petty cashier of Messrs. McKinlay—on 2nd November I was at the office about 9 o'clock—I saw the prisoner—I had seen him a few weeks previously—we had no business transaction with him between December, 1880, and November, 1881—he came to pay 1s., but I forget the date—another clerk went with him to the solicitor, and the message came back that I might take the 1l.; I took it; I entered it—the prisoner said nothing about the cart being loaded with goods, nor did he ask for a receipt for 30s.
Cross-examined. These receipts (produced) are for goods had by the prisoner—all the 40 are not receipted—he has had goods on credit—the one "By cash on account" is the one we sued him for.
Re-examined. That is my writing.
The prisoner received a good character.
NOT GUILTY .
MR. CROOME Prosecuted.
JOSEPH THOMAS EAST. I am a shipping and export butcher, of 71, High Street, Wapping—on the 17th inst. I was on my way home—I stopped on Tower Hill to look at the evening papers—my coat was unbuttoned; I had this watchchain and a watch that cost me 32l.—two men came close to me; the prisoner was one—one wrenched my chain and ran away with my watch—the prisoner hindered me front catching hold of the man that had my watch, and I collared him—I called out" Police," and Long came and took him into custody—I have not seen my watch again.
HARRY LONG (Policeman H 137). I was on duty about 7.15 p. m. on Tower Hill—I heard a cry of "Police"—I found the prosecutor holding the prisoner by the collar—the prosecutor said, "I give this man into custody for being concerned with another man in stealing my watch"—I told the prisoner he would have to go with me to the station—he said,"All right, for what I have never done"—he refused his address.
Prisoner's Defence. I was meroly going along; I had nothing to do with it.
NOT GUILTY .
MR. F. H. LEWIS Prosecuted.
WILLIAM MILLWARD . I live at Aston New Town, Birmingham—on 16th December I paid to the prisoner 4l. 16s., which represented my indebtedness to Messrs. Borwick and Co.—this is the receipt, signed by the prisoner.
EDWARD GRAY . I am ledger clerk in the service of Messrs. Borwick and Co.—this is the prisoner's signature (to his agreement for service to Messrs. Borwick)—he was furnished with remittance sheets, on which it is his duty to enter what he receives either separately or together—he has entered the sums of 9l. 9s. 11d., 4l. 16s., and 3l. 11s. 3d. on the sheets, but he has not remitted that money—I audited the accounts in January, and found the prisoner was deficient 561l. 8s. 10d.—his duty was to forward the cash at the same time as the sheets—I checked the travellers' remittances when they came up—the prisoner's defalcations commenced in July—when I spoke to him about his deficiency I said, "Mr. Rawlings, you owe a lot of money"—he said he was going to pay it in—on Tuesday, 3rd January, I said, "You have not paid that money in"—he said, "No, I expected it up this morning"—I said," What have you done with it?"—he said," I have lent it to my cousin"—I said, "You have no business to lend the firm's money, I shall have to speak about it, "and I spoke about it—the amount consisted of small sums within six months.
THOMAS RANDALL (Policeman). The prisoner was given into my custody on 7th January—he was charged with embezzlement—on the way to the station he said," I know I have been led away by a very foolish young man from Birmingham, who had great influence over me; whatever he asked for I was bound to give him," and that the young man's name was Isaacs.
The prisoner in defence said that he had a good character till he met with Isaacs. He had been allowed to stay in the office from the 2 nd to the 7 th January, but when the money did not come on the 7 th he was given into custody, and as his book agreed with the firm's booh there was no embezzlement, but only a defalcation.
GUILTY .— Eighteen Months' Hard Labour.
MR. CROOME Prosecuted.
DAVID WALTER . I live at 68, Portsdown Road, Maida Vale—I am manager to my father, a wholesale clothier—on the night of 17th January I retired to bed about 1 o'clock—I went down in the morning about 8 o'clock and found everything in disorder—I missed eight coats, three silver spoons, and the other things produced, which I have identified—I had left a bottle of brandy on the table; the contents had been consumed, and the bottle was lying near the door.
Cross-examined. These mittens produced are not mine.
ESTHER GRIFFIN I am housemaid to Mr. Walter—on 17th January I fastened the diningroom shutters about 11.30 p. m., and went to bed—when I came down the next morning I found the window opened and the shutters closed—I missed three silver spoons and other things.
ALEXANDER PIKE (Detective Sergeant X). I received information of this burglary on 18th January, and went to the house about 10.30 a.m.—the window was closed, and the shutters partly closed—I examined the premises, and found an entrance had been effected from the back of the garden through the kitchen door or window, and by getting on the watercloset and on the diningroom of No. 68—I found these five coats (produced) in the garden of No. 35, also two other coats, and the coat the prisoner is wearing now—they have been identified.
JOHN BLACKWELL (Policeman). I was on duty about half a mile from the Portsdown Road—I saw the prisoner—he appeared a little the worse for drink—he had an overcoat on his arm—as he passed No. 9 a gentleman came out, and he gave him a violent blow in the face—it caused a slight bruise—the gentleman called out "Police"—when the prisoner saw me near him he threw down the coat and ran away—I followed, caught him, and brought him back—I asked him how he had come by the coat—he said he had bought it, and paid 8d. for it—I took him to the station—he was wearing the overcoat, undercoat, three shirts, the hat, and a pair of boots, which have been identified—I produce them—I found three silver spoons and the top of a pepperbox in his trousers pocket.
Cross-examined by the Prisoner. The things were not lying on the ground—you did not say anything about the gentleman having 3s. 8d. belonging to you—I charged you with being drunk and causing a disturbance in the street.
The prisoner, in a written defence, stated that he met a man named Joe Flood, who lived at 9, Stanford Street, and spent some time in a public-house with him, and Flood gave him the things to carry.
He also PLEADED GUILTY* to a conviction of felony in August, 1872, at this Court.— Seven Years' Penal Servitude.
OLD COURT.—Wednesday, February 1st, 1882.
Before Mr. Justice Denman.
MESSRS. POLAND and MEAD Prosecuted.
HENRY LOWMAN TAYLOR . I formerly carried on business in London, having an office at 10, Queen Street, Cheapside—I have for nearly 40 years been a member of the Court of Common Council—I have served on the Markets Committee for many years—I was chairman of the Central Meat Market's SubCommittee—I have been a J. P. for the County of Middlesex for the last ten years, and am deputy of the ward of Cordwainer
—I received this postcard (marked A) by post. (Read: " 35, Upper Park Street, Barnsbury, N., November 10th, 1881. Mr. Henry Lowman Taylor. Sir,—I again state you are still a conniver of robberies in the Central Meat Market on the country senders of meat. In the interests of the public I once more ask you to prosecute me for this statement at the Old Bailey, when your transactions for some years past shall be proved by the whole of my correspondence, and then truth will be brought to light before the world.—H. Brooke. ") I do not know the writing—these other postcards (produced) came to me in the usual way—this (marked H) is one. (Read: "For the seventh time I repeat you are still a conniver of robberies in the Central Meat Market on country senders of meat. You and your colleagues shall not gull the public with continual subterfuges and false statements; if you were a man of honour and integrity in your public conduct you would not dread inquiry. On behalf of the public, and the whole consignors of meat throughout the kingdom, I again beg of you to carry out the resolution of the Committee, as published in the Citizen of the 19th ult., to take criminal proceedings against me. I am quite ready; truth must and shall prevail.—H. Brooke.") This one (marked B) was shown to me by the Town Clerk—it is addressed to me in care of Sir J. B. Monckton (this was to the same effect as the others)—I represent the City at the Metropolitan Board of Works—Mr. Saunders is one of my colleagues, and Mr. Alderman Hadley is the other—Mr. Saunders showed me a letter dated November 10th, and I asked him to let me have it (This enclosed a copy of the letter marked A)—these five other postcards (D, E, F, G, and I) are all in the same handwriting—the last is addressed to Mr. Isaacs, one of my colleagues, and chairman of the Grand Markets Committee.
Cross-examined by the Prisoner. I do not know that you ever made an application to me for a shop in the Central Meat Market; you made an application to the Committee—I have no letters of yours; they went into the waste-paper basket as soon as I received them.
By the COURT. I had no power to grant him a shop—the Committee refused to admit him as a tenant—I never took on myself to refuse him a shop without consulting the Committee (The prisoner desired to put further questions to Mr. Taylor, in order to justify his conduct, but having put no plea of justification on the record, MR. JUSTICE DENMAN ruled that he had no right to pursue such a line of cross-examination)—I do not live at 10, Queen Street—I have carried on business there 45 years—I have nothing whatever to do with any meat business.
JONATHAN AMBROSE DRUCE . I am a meat salesman, carrying on business at 152 in the London Central Meat Market—I have known the defendant between eight and nine years—I know his handwriting well—these postcards marked A, B, C, D, E, F, G, H, and I are all in his undiguised handwriting.
Cross-examined. I cannot tell the date exactly when you entered into partnership with me; it is years ago—it may be about seven years ago—we were in partnership two or three years; it may be two years—we made application to the Corporation Committee for a shop in the market—I don't know whether it was to Mr. Taylor—you wrote all the letters, I did not—I know it was done, and we both went up to Guildhall on 12th November, 1875, and saw Mr. Taylor—I don't know who was with him—there were several gentlemen there—I don't know who they were—we were never allotted a shop; I am quite sure; I swear it—there was a
number shown us, and we went to see it, but we were not allotted a shop—we went to the Town Clerk's office—I never read the letters; you received them and read them—we went there twice—I believe it was to see whether we should be allotted a shop—Mr. Taylor never allotted you a shop—we dissolved partnership—they would not grant you a shop—I distinctly swear that we were never allotted a shop, and that it was never taken from you—a number was shown us; they called it a whole shop; you said it was not large enough, and then you wrote.
SIR JOHN BRADDICK MONCKTON . I am Town Clerk of the City of London—my offices are at Guildhall; this postcard marked B I received on 25th November, addressed to Mr. Henry Lowman Taylor, to my care; I either sent it to him or showed it to him; it came by post in the ordinary way—I marked it, not stamped it—this one marked F I received on 29th November, and stamped.
The prisoner did not address the Jury, but called three witnesses to his character.
The Jury added,"We think he is a misguided man,"—Six Weeks' Imprisonment as a Second Class Misdemeanant.
MESSRS. POLAND and CHARLES MATHEWS Prosecuted; MR. RIBTON defended at the request of the Court.
NOT GUILTY .
For the case of Joseph Hitching see" Essex Cases. "
NEW COURT.—Wednesday, February 1 st, 1882.
For cases tried this day see Surrey Cases.
THIRD COURT.—Wednesday, February 1 st, 1882.
Before Mr. Common Serjeant.
249. EDWARD LIPYEAT (17) PLEADED GUILTY to a burglary in the dwelling-house of James Lipyeat with intent to steal, and to two other indictments for burglary in the dwelling-houses of Edward Wicks and another, and stealing their goods.— Eighteen Months' Hard Labour.
250. THOMAS ROWBOTHAM (25), THOMAS BOLTON (44), and JAMES BOLTON (36) , to stealing 12 dead pheasants and other goods of Richard Mills. THOMAS BOLTON received a good character. Recommended to mercy by Mr. Mills, who was willing to again employ him.— To enter into recognisances to come up for judgment when called upon. ROWBOTHAM.— Eighteen Months' Hard Labour. JAMES BOLTON.— Twelve Months' Hard Labour. And [Pleaded guilty: See original trial image.]
251. STEPHEN HALLETT (19), and HENRY SWEETMAN (16) , to stealing six pieces of wood the property of Frank Kirk and another.— Six Months' Hard Labour each. See page 354. [Pleaded guilty: See original trial image.]
MR. BURNIE Prosecuted.
of our directors—I engaged him to obtain advertisements—he was to be paid by commission—on 24th March he produced an advertisement order—at his request I signed a cheque for 1l. 0s. 9d.; he told me he was very hard up, and I cashed it and put it in my cash-box—he sat at the other side of my desk when I had to leave the office—when I came back he signed a receipt, and left the office—only four or five cheques were used, and there was no appearance of another cheque having gone when I locked my cheque-book up—I cashed the cheque I drew from him to replace the cash I paid him—next day something was said to me, in consequence of which I went to the Union Bank, Chancery Lane branch, and the cashier showed me this cheque—when I looked at my cheque-book I found this and another cheque were missing from the end—I have no knowledge of the name on this cheque—it was on when the cashier showed it to me—the cheque-book is the Contract Journal Company's property—that is a registered company.
Cross-examined by the Prisoner. I am not a director nor shareholder—no minute was made, but the directors know of this prosecution.
HUGH SUTHERLAND VALENTINE . I am manager of the Agricultural Company, 110, Cannon Street—on 24th March the prisoner came to me twice; first early in the day—he had a letter of introduction for a situation—I had some conversation with him about the matter, and he went away—a little before 4 p. m. he came back, and produced this cheque filled up as it is now. (March 24th, 1881. Union Bank, Chancery Lane Branch. Pay H. B. Senior or bearer 5 l: 10s. G. Phillips.) He said "Will you cash this cheque for me?"—I said "I have not got the cash, but I will give you an open cheque immediately for the same amount, payable to bearer"—I gave him a cheque on the Standard Bank, and took the Union Bank cheque from him—the Standard Bank was nearer, and he could get there before 4 o'clock—the cheque was paid in to the Union Bank in the usual way, and returned to me marked "No account. "
FRANCIS WHITTLE . I am a cashier at the Union Bank, Chancery Lane Branch—this cheque for 5l. 10s. was presented for payment by the Alliance Bank—payment was refused—we have no account in the name that is on it—the Contract Journal Company was communicated with—the cheque comes from their book—the number, 90891, corresponds with the counterfoil.
ALBERT GREGOEY (Policeman E 81). At 9.30 a. m. on 20th January as the prisoner was leaving Gloucester Gaol I told him I was a police officer, and had a warrant for his arrest—I read it to him—he said "I know nothing about it"—directly afterwards he said "I shall plead guilty to the charge"—I said that other charges would be brought against him.
Cross-examined by the Prisoner. I did not caution you—the warrant charges you with stealing two chequea the property of Alfred Pitman.
The prisoner in his defence contended that the cheques were not Pitman's property, and that he ought to have brought it before the directors, as he had no power to prosecute according to the Joint Stock Companies Acts.
He then PLEADED GUILTY to a conviction of felony in November, 1880, at Clerkenwell.—Eighteen Months' Hard Labour.
MR. ROBERTSON Prosecuted.
JAMES PETER FERRIS . I am a blacksmith at 31, Eastfield Street, Limehouse—my house is level with the street—there is one little step to the pavement, which is 3ft. 6in. wide—my window is three and a half feet from the kerbstone—the door from the street leads into a passage of about two feet, and another door leads into the room—the window has four panes—I repair watches—about 10.30 on 13th January a light was on the table in front of the window and in the centre of the room—it would show through the blind—I was sitting at the table having my supper—I heard the glass go—I was up in no time, went out, ran towards the left, and saw two men three or four yards from me coming towards my house—I said, "Who broke my glass?"—the prisoner said, "Run round the corner," and the man who was with him said, "Run, mate, we will run with you"—they did not run—they were speaking to me—I stopped there—my missis came out and ran round the corner—when she came back the two men were in the road, and the policeman brought one back with him—the two men went on the other side of the road and took off their hats and ran—I said I thought my lodger had done it, as we had had a row—the prisoner walked to the corner of Eastfield Street about 20 yards and then ran—I had then been at my door about five minutes—a youngster came up and said something—I went to the station—I came back again in about threequarters of an hour—I missed a watch that had been hanging in the side of the window two or three days—I had had it to repair—the broken pane was just inside the frame—I had seen the watch safe about 8 a. m.—it could be seen plainly outside—I was sober; I have had no drink for five years.
SARAH FERRIS . I am the prosecutor's wife—on 13th January, between 10 and 11 o'clock, I heard the window smash—I ran out—I ran to the beershop at the corner of Eastfield Street, six doors off—the corner turns into Ashton Street—I saw two boys, Raper and Patten—I saw the prisoner and another man standing in front of the door—at the corner of Ashton Street a policeman came up—I saw the prisoner distinctly—I did not know him before—he stood there for five minutes—I had seen the watch at 9.30 that evening—two children and my husband were in the room—no one was in the house while my husband went to the station, as I was all the time by the window—when I came back from Ashton Street I found my husband standing at our door—he then went to the station.
GEORGE RAPER . I live at 107, Harford Street—I am getting on for 15 years of age—I was standing with Patten at the corner of Ashton Street about three weeks ago about 10.30 or 10.45—I heard a smashing of a window—I was 50 yards from the prosecutor's house—Mrs. Ferris came running to us—no one passed us while we were there before that—afterwards two men ran by—I do not know them, we were on the other side of the road.
CHARLES PATTEN . I was standing with Raper at the corner of Ashton Street about three weeks ago—I heard a smashing of glass—two men passed us—I should know them if I saw them—the prisoner is not one; I do not know him.
HENRY PAYNE (Detective H). I apprehended the prisoner on 14th of January, about 11 p. m.—I said "I shall take you in custody on suspicion of breaking a pane of glass and stealing a watch from a house in Eastfield Street;" he said "Make sure you are right, I did not know anything about it till Mrs. Powell came in and told me there was a watch
stolen from Eastfield Street"—at the station he was placed with six or seven others, and identified by the prosecutor at onoe—the prosecutor was sober.
NOT GUILTY .
MAZEY and ROGERS PLEADED GUILTY .
MR. COUCH Prosecuted.
HARRY DAKIN PETERS . I am 12 years old—I live at 8, St. John's Wood Road, opposite Hamilton Terrace, Edgware Road—on Saturday, 14th January, about 6 p. m., I was in the Edgware Road with my brother, who is 13 years old—I carried a parcel for a lady to the Marble Arch—she gave me 6d. in silver and 2d. in coppers—I went down Edgware Road with my brother—we went into a coffee-tavern in Bell Street, turning out of Queen Street—the gas was lighted—I saw one of the prisoners—I spent 3d., I put 4d. in a paper, and 2d. in my outside pocket—I had no money when the lady gave me the 8d.—the prisoners were there when I put the money in my pocket—I went out—they came out after me—we went over to the baker's—Rogers said "There's a fight," and we went over to the mews—Rogers said to me" Go away, or else come down"—I went the other way, and Rogers caught hold of me and carried me down the mews—as he was carrying me he said to Mazey and Sweetman "Put your hands over his mouth"—Sweetman put his hands over my mouth—Mazey helped to hold my hands—I struggled—Rogers picked my overcoat pocket—he took the 2d.—he was then holding me against a doorstep—Sweetman was putting his hands over my mouth, and Mazey was holding my hands—my brother went to a lady and gentleman on the other side—some people and a policeman came—Mazey and Sweetman said Rogers had the 2d.—the policeman took Rogers; the others ran off—I am sure Rogers was one of the boys in the coffeetavern.
Cross-examined by Sweetman. You put your hands over my mouth. (In his deposition he said that it was Mazey.)
Re-examined. Rogers kicked me.
ARTHUR JAMES PETERS . I am 13 years old—I live with my brother at 8, St. John's Wood Road—I was with him in Edgware Road on Saturday evening, 14th January—we went into a coffee-tavern—I saw the prisoners there—my brother changed some money, and put 4d. in his trousers pocket and 2d. in his ulster coat pocket—we went out—the prisoners followed—we saw them as we crossed over to the baker's; they crossed with us—Rogers said "There is a fight," and went over the road to Redman Mews—I and my brother went over to see them—I saw no fight—when we were walking away Rogers caught hold of my brother, and carried him down the mews—he said to the other boys "Put your hands over his mouth so he shan't halloa"—Mazey put his hand over his month—Rogers then took the 2d. out of his pocket—my brother struggled—Rogers kicked him—all three held my brother—I was at the top of the mews—I ran and told a lady and gentleman in the street—I called for assistance—I went down the mews with a lot of people; then the prisoners let go of my brother; they had him against the door—a constable took Rogers; the other boys ran away—I am sure Sweetman was one of the boys.
RICHARD CONYERS (Policeman D 146). On Saturday night, 14th January, about 6.30, I was in Bell Street, leading out of Queen Street, which leads out of Edgware Road—I saw a crowd down Redman Mews—I went down—Peters was crying; he pointed out Rogers; I took him in custody—I saw another boy run away—I believe it was Mazey—Mazey and Sweetman were identified at the station.
Witnesses for Sweetman.
WILLIAM MAZEY (the prisoner). I am a shoeblack, not in any brigade—I have pleaded guilty to this charge—I did not see you touch this boy—you were at the coffeetavern when it happened—you came out of the coffeetavern 5 or 10 minutes after me.
Cross-examined. Sweetman joined me by the baker's after he ran away.
WILLIAM ROGERS (the prisoner). I am an errand boy—I have pleaded guilty to this charge—I did not see you touch the boy—you only walked by his side down the mews—you went away, and the constable took me in custody.
Sweetman's Defence. Mazey, and afterwards Rogers, came into the coffee-tavern, and asked me to give them a cup of coffee. They went out, and I called for another cup of coffee, and drank it. After I came out the policeman got Rogers—I talked to Mazey, and went home.
SWEETMAN— NOT GUILTY .
MAZEY** and ROGERS*.— Nine Months' Hard Labour each. See page 350.
MR. BAYLIS Prosecuted.
WILLIAM PENNY . I am a tailor, of 169, Railton Road, Brixton—on 17th January I was in the New Inn Yard, Shoreditch—I was struck in the face and knocked down—the prisoner knelt on my chest and took my watch and chain, value about 5l., and 1s. 7d. from my pocket—I was bruised on my hip and elbow—I got up and pursued the prisoner about 100 yards, and cried "Stop thief," and a constable caught him—I saw his face when he was kneeling on me.
Cross-examined by the Prisoner. I was not in the White Hart with a female—I did not ask you to get me a cab—it was about 10.30 p. m.—I was sober—I had been looking for work from 8 o'clock in the morning, and I had had only four glasses of ale all day.
THOMAS BURT (Policeman G 454). On 17th January I saw the prisoner in King John's Court, New Inn Yard, Shoreditch, running, and some one was crying" Stop thief"—I caught him by his coat collar—I was in uniform—I saw him throw the watch and chain away before I caught him—the prosecutor came up, and said he would charge him with stealing his watch and chain and assaulting him—some one picked up the watch and chain, and ran away with it—the prosecutor was sober, and so was the prisoner.
The Prisoner's Statement before the Magistrate. "I plead guilty to the watch and chain, but nothing further. I have not laid a hand on him. "
The prisoner, in his defence, said that he met the prosecutor with a female, and he asked him to get him a cab to go to Brixton, but he was so drunk the cabman would not take him; that the prosecutor said "Did you see anybody hit me?" and he said "No," and took him to New Inn Yard, where the
prosecutor fell, and then he took his watch from him, but did not lay a hand on him; that he could not attack a powerful man like the prosecutor.
He then PLEADED GUILTY to a conviction of felony at this Court in September, 1879.— Five Years' Penal Servitude.
OLD COURT.—Thursday, February 2 nd, 1882.
Before Mr. Justice Denman.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
EDWARD HAMBLIN . I am a licensed victualler at Hounslow—about 8.30 on the evening of the 1 st December I was at the White Bear; my son came to me, and from what he said I went to my house, 30, High Street, that is next door to 32; I found No. 32 on fire; I did not go in; there were three fires from what I could see, two at the back and one at the front; the two at the back were one on the ground floor under the staircase, that I saw as I was getting over the wall at think; I came through the washhouse and could see under the stairs from the door; the fire had not then burnt through the stairs—the second fire was in the room above at the back—I saw that from the window at the back—I noticed the fire under the stairs first—I could not see whether there was much fire in the second place—the third fire was in the front of the house on the third floor; I went round and saw that from the street—there was a great deal of fire—that was all the appearance of fire I saw—I know Andrews; he was the manager of the house; it was a common lodging-house, rented by West—he keeps the lodging-house—he and Mrs. West do not live there; Andrews does, and manages the business—Mr. and Mrs. West live in King's Arms Lane, about 200 yards from No. 32—it was about 20 minutes to 9 when I first observed the signs of fire—I did not remain there, I went back to my business—I cannot say I had seen any of the prisoners that day, either before or after the fire.
HARRY ESSOM . I am a tinman, and live at 54, High Street, Hounslow—about 8.30 on the night of 1 st December I was standing at my door; I heard a noise and ran down to No. 32—I saw flames in the corner facing the front door, which was open—it was not an ordinary flame as from wood, but a blue flame; I thought there was something to help it burn—I looked through the door; then I went and fetched a ladder to get up to the windows in case there might be anybody in the house; I gave the ladder to a policeman; I did not go into the house at all—I saw someone take a mattress or bolster out of the house; I did not see who it was—the shutter was up in front of the house when I got there—the ground floor is a kind of little shop front.
By the COURT. It was not much of a blue flame—I did not go in because there were about a dozen people standing there, and I thought I should do more good if I fetched a ladder.
JOHN FRANCIS MOORE . I live at Brentford End, and am the foreman of Brentford Fire Brigade—on 1 st December, at 9 o'clock, I received a summons, in consequence of which I went to Hounslow with the steamengine—I arrived about 20 minutes past 9 at 32, High Street; I found
the house full of fire, more especially the middle part of it; the Isleworth men were there with a standpipe, which they got to work after we passed the house, and their branch men played on to the fire through the front door; I placed my branch men at the window, the shutters were down, the back room seemed to be full of fire; and they played on that through the front room—I noticed the ceilingof the first floor back room and the party wall, they were hardly discoloured, not discoloured at all by fire; it was discoloured up near the stairs where the Isleworth men were playing on to it—the fire was raging there—the fire seemed to be in a cupboard under the stairs; it could not have communicated with the fire in the front room—I went through the next house to the back, and saw through the window a large fire raging in the first floor back and in the washhouse—the fire in the first floor back might have had connection with the fire under the stairs, from the quantity of fire in the house at the time; it was a larger fire than the one under the stairs—the washhouse is adjoining at the back within a yard or so of the stairs; I should say it caught fire from the fire under the stairs—after I had ordered the firemen to attach a branch to play on the room behind, I came to the front of the housein the corner of the front room near the street I saw a fire, which I took to be the gasmeter on fire; I leaned in at the front window and examined it there and then, and saw a tremendous lot of blue flame; I went with a fireman and got two buckets of water from the tank of the engine; I took one bucket myself and went and threw it over those flames, and I found that it put it out, leaving a kind of blue peculiar smoke arising, which convinced me it was not gas—I could not see what the burning matter was; there was no connection between that and the fire under the stairs—I went three days afterwards and examined it; I found nothing but a few charred remains of a cupboard and chest of drawers that had burnt through the floor right to the ground; there was no basement to the house—I found that the flooring in the room was not burnt from the staircase in the passage to that corner; the flooring in the corner where I had seen the blue flame was entirely burnt out to the earth—on the night of the fire I noticed a flame in the top story through the top window, which I ordered my branch men to play on to; that was through the top semicircular window as shown on this model (produced)—I went up into that floor three days after, the same day that I examined the flooring, and I found the head of the wooden bedstead burnt nearly through; likewise part of a mattress burnt very much; two other bedsteads in the room were simply scorched from smoke—the burnt bedstead was farthest from the door and nearest the wall and window, while the bedsteads which were scorched were between the burnt one and the door—the fire which burnt the bedstead against the wall must have been a separate fire in my opinion; it could not have been communicated through the window in any way—I could not see that the floor of the upper room was injured at all.
JAMES STONE, JUN . My father is the landlord of this house, and is a bootmaker—the Wests were his tenants—on the night of 1 st December I was going along High Street about 8.35, and saw smoke coming from the chimney, more than from an ordinary fire—I hurried down halfway, and then I saw more smoke coming from 32—I went indoors to my own house, and delivered my message, and then I saw more smoke—I went across—there were some people round the door, and some one opened it,
and then I saw smoke come out of the door, and somebody said "The house is on fire," and I went down and fetched the engine—father came down and told me to go and fetch West—I went up to Mrs. West's and knocked at the door at 7, King's Arms Lane, where they lived—that was about 10 minutes after I had first seen the smoke—Mrs. West came to the door—I said "Mrs. West, your house is on fire"—she said" I will be down presently"—I don't know if she had any bonnet on or not—I went back to the fire and saw Andrews, and I asked him if there were any lodgers in there—he said" No"—I had not seen him at all before that day—he came up about a quarter of an hour after I had first seen the fire—it takes about a minute to walk from 32 to King's Arms Lane.
Cross-examined by Jane West. I don't know whether you started directly for the fire—I did not see you run into the kitchen.
By the COURT. When I knocked at the door she came to the door and said" I will be down directly," and shut the door—when I came back from the fire after it was put out she was at our door—that was after 10 o'clock—I said" Are you insured? this is a bad job"—she said "Yes, I am insured well"—I saw no insurance paper fetched.
EDWARD HAMBLIN, JUN . I am the son of the witness, who keeps the King's Arms public-house—I live there with him—about 8 o'clock on 1 st December I saw Mrs. West outside our house, which is next door to her own house—she was leaning against the windowsill—then she came into our house and had a glass of ale—she had her bonnet on—she went out again against our windowsill, and remained there about 10 minutes I should think—while she was there Andrews came along, and came into our place and took three pints of beer away in a bottle—as he came out Mrs. West joined him, and they went towards the other house in King's Arms Lane—about five or ten minutes after they had gone I noticed smoke and sparks coming out of No. 32, and said something to my mother—I did not see any lodgers there that night at all—after that I saw the house on fire, and some one broke the door open—I went to call my father—I saw Andrews again about an hour after I had seen him with Mrs. West—the fire was still going on—he was leaning against our gateway smoking his pipe, doing nothing towards putting out the fire.
By the COURT. I don't know how many lodgers No. 32 holds; I have never been inside—I don't know if any lodgers were there the night before the fire.
GEORGE GREEN . I have been living with Mr. and Mrs. West, at 32, High Street, for about two years off and on—I go out to sell watercresses—I do not assist in the house—I slept in the house the night before the fire—about 30 lodgers generally slept there; it is a common lodging-house; about six of them are regular lodgers—Andrews lives there and manages it—on the afternoon before the fire, between 5 and 6 o'clock, I saw Mrs. West at the other house in King's Arms Lane—I had been at No. 32, and had left that at 4 o'clock—I used to go to King's Arms Lane with the children—Mrs. West said she wanted me to go down to the station to meet Mr. West, and I said I would go—I was to go at 8 o'clock, and she said he was coming from London; he might come by the 9.30 or 10 o'clock train—I went to the station about 8.10—it is about one and a half miles from the house—I had not returned to 32 after I left it at 4 o'clock—I waited at the railway station till 10 o'clock—Mr. West
came by that train; it was a train from London—before he arrived I heard one of the porters say the pawnshop was on fire, and when he arrived I said to him that I had heard the pawnshop was on fire—he said he hoped it was not his house; nothing more was said then—we left the station together, and went towards Hounslow—as we went along he said two or three times he hoped it was not his house on fire—we went straight on till we got to King's Arms Lane, and then I said "It is your house on fire"—I saw it came from that direction—he said nothing, but went on towards the fire—I parted company with him at the King's Arms Gates, and took the pad of herrings which Mr. West had brought with him to King's Arms Lane—I did not see him again till he came home—when I went to the railwaystation I left Mrs. West outside the house in King's Arms Lane—I went one way, she went the other, in the direction of No. 32—she had a bonnet on—that was at 8.10—when I left the lodging-house at 4 o'clock Andrews was in it, nobody else—while I was there he was washing up in the kitchen—that is the time the tea is made hot for the lodgers—I saw no fire there, except that in the grate—the lodgers generally begin to come at 8 or 9 o'clock in the evening—Andrews told me to stop there while he went out to the back, and if anybody came I was to tell them there was room—no one came—he went to the back—that was before I left at 4 o'clock—it was not usual to have fires in other grates, only in the kitchen grate—I know Prince; he is called Prinny—he lived at 32 regularly—he is a horsedealer, I believe—I had not seen him that afternoon nor morning—I saw him after the fire, when he went up to the other house about 11 o'clock—he usually slept at 32—the King's Arms Lane house is not a lodging-house.
By the COURT. I got back to the house after parting with Mr. West about 10.30; Mrs. West was not in the house then; one of the lodgers and two of Mrs. West's sons were there, they were all I saw—the lodger was a man called George; I don't know his other name—I should have slept at 32 that night if there had been no fire.
JAMES MYERS . I live at Hounslow, and am a bootmaker—on 1st December I went to 32, High Street for a lodging about 6 o'clock; Andrews came to the door—I asked him for a lodging for the night, and he told me the house was full up.
LAWRENCE KIRBY . I live at Hounslow—I know this lodging-house 32; I went there for a lodging on the evening of 1st December, between 8 and 9 o'clock; Andrews was at the door; I asked him if he kept lodgings—he said he did—I asked him if he would give me a lodging—he said "I am full, I have got no room"—I asked him if he could direct me to a place where I could get lodgings, and he directed me to the King's Arms public-house next door—I saw Andrews again—I was on my way to the coffeeshop, and he put his hand in front of me and said "We have no room, I am full"—that was not two minutes after I had spoken to him at the door—I was not 100 yards from No. 32 at that time; that was all that passed—about half an hour after that I saw the house was on fire—I was looking at it.
JOHN RAWLINGS (Police Inspector T). I am stationed at Brentford in charge of the Hounslow section—on 1 st December I was called to 32, High Street, and got there about 8.40; I opened the front door by the latch and found a very large fire in the back room ground floor—I
inquired for the occupier and manager, but could find neither—I noticed through the firstfloor window that a fire was burning on the first floor—I tried to get up but could not for the smoke—that is a correct model of the premises—I visited the premises on the following day—I found no débis of ✗kets, sheets, or anything of that kind when I searched the house-found mattresses, flock, and shavings; the mattresses were slightly scorched—there were 17 iron bedsteads and an old chest of drawers in the front parlour in the far corner—on the 30th December I went to 7, King's Arms Lane, West's house—Prince was there talking to West—I asked West to come to the station, and we went to the station together; Prince did not come—I charged West at the station with being concerned with his wife and Andrews in setting fire to his house, 32, High Street—at that time Andrews and his wife were in custody and had been committed for trial—I said that I had been informed that he had made a statement to a man named Stone, his landlord, in the presence of a man named Harrison—Stone and Harrison were present—I told him I wished to read it over to him—I had received it from Inspector Marlow—I read it over to him—this is it. (Read: "Hounslow, 29th December, 1881. Statement made at 9 p. m., by Mr. James Stone, shoemaker, 37, High Street, Hounslow, at the Policestation, Hounslow.'West called on me last night at my shop and said" I want to make a statement who set fire to your house;" he said "It was old Prince. "West said Prince asked him to lend him 3s. to buy some stuff to set fire to your house, Stone's house, stating that he had done it for Mitchell, and" I can do it for you for a few pounds. "West then said" Dick and my wife are innocent, it was me and Prinny; Prinny set it on fire, so help me God," and in reply to a question put to him by Stone, West said" There was only one fire under the stairs. "I cautioned West before hearing what he had to say, that I should inform the police of what he did say. He replied" You can go tonight or tomorrow morning. "Signed James Stone, corroborated by William Harrison.'") I read that out to him—he said" It is true, I would not tell a He. for God or man; he, "pointing to Prince, who had come in with another constable while I was reading the statement," instructed me how to do it; I went upstairs and took 3s. out of a cashbox in the presence of my wife; he did it, so help me God"—I turned to Prince and said" You have heard what West has said, do you wish to say anything? if you make a statement I shall have to take it down in writing"—he said "I do, "and I took his statement down and read it over to him, and he put his mark to it—this is it:" I left home, 32, High Street, at 10.20; I went to Kingston Market. I left the market at 3 p. m. and came to Twickenham. I left Twickenham at 8.30 p. m. and walked home. I reached Hounslow at about 9.30 or 9.35. I saw George Conquest in the Railway Hotel, Twickenham, about 8 o'clock, shortly before I left. I went into a public-house at Whitton on my way home. I there heard the men speaking about the fire. I did not go into any public-house in Hounslow about 8 p. m. on the night of the fire. The statement made by West, as far as concerns me, is untrue. "After the first remand West told me, at the Town Hall, Brentford, that "Prinny did it with about a quart of brown horse powder; he carried it in a linen bag about a week"—he said he believed he bought it in Kingston about a week before the fire, and that mixed with some gunpowder
it would soon bring the place down—that statement was made voluntarily to me; he came and touched me on the shoulder—when I gave this statement at Brentford Police-court, Prince was then in custody—he was present—he did not say anything—West said that the statement he had made was true.
JAMES STONE, SENIOR . I live at 37, High Street, and am the owner of the house No. 32, which I let to West three years ago this February; I also let him another house in King's Arms Lane six months ago—the rent for No. 32 was 9s. 6d. a week—I insured the house in the Alliance office for 300l. as far as the house itself was concerned; I had nothing to do with the furniture—on the night of the fire my daughter made a communication to me, in consequence of which I went to the house—when I got there I found it on fire—I cannot say what time it was when I heard it was on fire—I saw Andrews there, after the window was broken, about 10 minutes or a quarter of an hour after I got there, coming out with some bedding, and there were about two or three dozen more men; he was two or three yards from me; I did not see where he went—I saw Mrs. West when the fire was nearly out; she was standing outside my shop door—I did not see other people taking things out of the house—I have made a claim on the insurance office in respect of the building—on 28th December, I think, West called on me between 5 and 6 o'clock in the afternoon—he said, "Mr. Stone, I wish to confess to you who set fire to your house; it was I and old Prince; Andrews and my wife are innocent"—he said he lent Prince 3s. to buy the stuff at Kingston—he said Prince said," I did it for Mitchell, and I can do it for you for a few pounds—I told West I should tell the police—I asked him where the house was fired, and he said, "In one place under the stairs"—I believe that was all he told me—he said this over two or three times—he said, "You may go to the police tonight or tomorrow morning," and I went directly—I saw Marlow, the officer, and told him; he wrote it down, and I signed it.
Cross-examined by John West. I did not insure the furniture in your name for 200l. and bring the receipt over to you; I did not insure the furniture at all.
Re-examined. I had no interest whatever in the house—I made a claim for the house, but not for the furniture—I have not got my receipts here.
GEORGE MARLOW (Police Inspector). On 6th December I saw Mrs. West at the Brentford Police-court, and took her into custody there—I told her I should charge her with being concerned with Andrews in setting fire to the house No. 32, High Street, Hounslow—she said, "Very well"—I then took her into another part of the Court, and charged her—she was taken before the Magistrate—on the night of the fire I saw her about 10 o'clock at Stone's, No. 37—she told me in the presence of Inspector Rawlings," I was with Andrews at the house, 32, High Street, about 5 minutes to 8, and we left together and went and had some beer"—that was all she said on that occasion—it was a voluntary statement—Mrs. West and Andrews were charged, and committed for trial on 24th December—I brought her from Brentford" to Newgate—in the train coming along she said, "It was him and Prinny planned the job between them, and he told me to enjoy myself as it was my birthday"—I asked her whom she meant by" him, "and she replied," My husband"—I wrote this down at Gunnersbury when we changed trains—on 6th January
at the Brentford Railwaystation, after one of the examinations. West called me aside on the platform and said, "I laid in bed last night thinking, and I recollect what he did it with; it was gunpowder and saltpetre; there now, you have got it straight"—I have a note of that conversation—I served a notice to produce the policy on Mrs. West when she was out on bail on Tuesday night; she was then at Hanworth Terrace—she gave me this policy (This was a policy in the Standard Fire Office, dated 19 th December, 1879, in favour of John West, 32, High Street, Hounslow, lodging-house keeper, insuring for 200l. household furniture, linen, and a description of all the usual effects, for a present payment of 4s. 3d. and an annual payment of 4s.)
MARK WHEELER (Policeman T R 19). I was present at the fireAndrews was given into my custody by Marlow at 10 o'clock—I took him to the station; he was charged—I searched him; I found on him a pocketbook, knife, and box of matches—I did not tell him the nature of the charge then—he made no remark about the fire—on the way to the Court on 6th December he said, "I know nothing about this job more than you do; it was her, "meaning the female prisoner, who was not in custody then;" she told me not to let any lodgings that night"—I found these three receipts for premiums of the policy on West when he was taken into custody, I searched him on 30th December.
WILLIAM GOOD . I am a butcher at High Street, Hounslow—I saw the fire at No. 32 a little after 8 o'clock—I was in my own house having my supper in the same street a little higher up—I went out to see it—I had seen Prince pass my shop that evening about half or threequarters of an hour before the fire; I wished him good night—I think ne seemed either tired or half boosey—he was going towards the house that was burnt—I did not see him again that night—I have seen him since, and had conversations with him several times—the first conversation we had with reference to the fire was after Andrews was remanded; Prince was in my shop—I said to him, "This man, if he knows anything of this fire, will out with it, as he has a pension to lose"—Prince answered," How can he peach? he knows nothing"—I have heard since that Andrews is a pensioner—the next time I spoke to him in reference to the fire was when West had made a statement in front of my shop to a man named Dean, on the Tuesday or Wednesday after West's wife was remanded, the 3rd or 4th January—I said to Prince, "This man West is running about saying he shall have two men in for the fire, and these two men he shall have out next Saturday; why don't be go and tell Stone, as the slur is hanging over Stone's head?"—Prince was standing with his back against the door, and he gave a chuckle and said, "Stone wants no telling"—on the Saturday the police were looking for him, and he came into my shop, and I gave him a few pieces and said to him, "They will be running you in before long; if you know anything of it, out with it; don't bear the brunt for other people; it is said Stone is in it; Prince, you know whether he is or not"—he said, "Stone is in it, Mr. Good, and that from the beginning"—a policeman came along, and he said no more, but went away—I saw no more of him—I told the police each time about it, because I thought it was a glaring thing and ought to be found out.
the morning, I met Andrews about 80 yards down King's Arms Lane—he had some blankets under his arms and three or four plates—I saw him go round the back part of West's house in King's Arms Lane—he came from the direction of High Street.
THOMAS THOROGOOD . I am a member of the Salvage Corps—I had charge of No. 32 after the fire—I took possession on 5th December, and was in charge for about three weeks—the upper part of the bedroom was almost uninjured—there was a bed under the window; it was out open and the flock out; there had been a fire at the head of the bed; the headboard was burnt—the floor of the room was not burnt at all; the rest of the furniture in the room was scorched, not burnt—the back part of the premises was burnt out—the fire had gone right through the firstfloor front room—on the bottom floor, the back kitchen and back parlour were entirely burnt out, and the frontroom ground floor severely damaged—I have examined the corner where there is a cupboard—the floor is destroyed there just under the window—I have had considerable experience in examining the débris of burnt houses—I could find no remains of chairs, or furniture, or linen, or blankets, only what was on the beds—I should expect to find some—I did find the remains of three or four palliasses.
GEORGE CONQUEST . I am a cabdriver, of 3, Denmark Place, Twickenham—I have known Prince for some number of years—he has been a horsedealer, attending fairs and markets—I diet not see him on 1 st December—I was not at the Twickenham Railwaystation; I was at home before 7 o'clock, and did not go out again—I did not see him that day, and had no conversation with him.
JAMES WRIGHT . I am an ostler at the Coach and Horses public-house at Hounslow, about 300 yards from West's lodging-house—I know Prince—on the night of the fire I saw him in our taproom between 8 and 9 o'clock—I had not seen or heard anything of the fire then—I did not seem him come in or go out—he was in the taproom when I first heard the alarm of fire.
ISAAC ROBINSON . I am nn ostler at tho Coach and Horses public-house, Hounslow—I know Prince; on the night of the fire I saw him in the taproom of the Coach and Horses about 8.30—he came in before I heard of the fire; he remained about half an hour—I went down to the fire; when I got there it was pretty nearly out—I heard a man say to Prince when he was in the public-house, "Prince, your old shant's on fire"—I did not hear Prince say anything—after I had been down to the fire I saw him at the same public-house—he finally left at 11 o'clock.
EDMUND BLAKE . I am in the Metropolitan Police, and understand surveying and making models—I made this model of 32, High Street, Hounslow—it is correct—it is made to a scale oi threequarters of an inch to a foot—I have also made a plan.
Andrews put in a written defence denying any participation in the fire, and stating that it was by Mrs. West's direction that he refused to take in lodgers that night, and that at about five minutes to 8 she called him from the house to go and have supper at the house in King's Arms Lane, where he was when he heard of the fire.
John West's Defence. All I can say is I know nothing at all about the fire. I don't know how it caught fire. I was in London at the time. When I got home the fire had been put out.
Jane West's Defence. It is quite right what Andrews says. We both went home to supper, and Mr. Stone came and told us of the fire. It was all right when we left the house, I know that. We put the lamps down lower and went immediately to King's Arms Lane.
ANDREWS and JANE WEST— NOT GUILTY .
JOHN WEST and PRINCE— GUILTY .— Fifteen Years' Penal Servitude each.
MR. RIBTON Prosecuted.
JOSEPH HART EVANS . I am a builder, and at the time in question lived at Adelaide Terrace, Shepherd's Bush—I had a slight acquaintance with the prisoner—I received a letter dated December 28th, and on the 31st I spoke to the prisoner about it; he said it was written by a man named Wellington, and that he was Wellington's agent, and was commissioned by him to receive any money I should think right to give him to silence the affair. (The letter was signed,"M. Wallington," and requested the witness to forward 5l. to prevent the exposure of his alleged misconduct, to Mr. and Miss Elsden.) Miss Elsden is the lady I am engaged to be married to, and Mr. Elsden is her father—I took no notice of the letter—I then received this other of 30th December to the same effect, and the same evening this other letter. (Stating that the writer would be at the British Prince, Gold Hawk Road, with a guarantee to settle the matter.) I had seen the prisoner on the Saturday, and told him I should not pay the money without a guarantee from Wellington—he said he would get it me—I communicated with the police on the Monday morning, and went with a detective to the British Prince at 3.30, and there met the prisoner—I produced a chequebook, and asked him to write me out a receipt for the money—he produced one ready written, but without the date, amount, or signature—I asked him to fill it in, and I beckoned to the detective to witness the signature—when he had signed it he handed it to me, and I handed it to the detective, who took him into custody—at our first interview, after some conversation, he said he would give me the straight tip, and he wrote my name and address on a piece of paper, and I recognised the handwriting as the same as the letters, and I said" I see you have written these letters"—he said "Yes, I wrote them, and no one else is implicated in the affair. "
Cross-examined by the Prisoner There was a female in my room early in the morning of the 20th—the landlady found her there, and ordered her out—I said I would send her out as soon as possible—she threatened to bring in two constables to turn her out—it was not the lady I am engaged to—I called the landlady a bad name, and she flew in a passion, and said she would expose the affair to Mr. Elsden.
Re-examined. A friend of mine brought the female in; I had nothing to do with bringing her in—I did not know her—she did not remain above 10 minutes or a quarter of an hour—I asked the prisoner to meet me, and bring the guarantee, in order to entrap him.
Prisoner's Defence. I was out of employ, and my wife and I were destitute and starving.
GUILTY .— One Month's Hard labour.
NEW COURT.—Thursday, February 2 nd, 1882.
Before Mr. Recorder.
MR. BESLEY Prosecuted; MR. FULTON Defended.
WILLIAM JAMES LOCK . I am in partnership with my father, as William Lock and Co., corn merchants at Croydon and at the Corn Exchange, Mark Lane—the prisoner has dealt with us as agent for two years; he collected orders from customers—we fulfilled them and collected the money and paid him a commission—in some cases he acted as agent for other people—we had never trusted him with any credit, but on 19th September he asked us to let him have 60 quarters of maize for his retail trade—we demurred at first—he said that other firms did so, and that Bolman and Phillips trusted him; we found that was true, and gave him credit for 60 quarters, and let him have it—that dates from the sale, not from the delivery—I believed that he wanted it for customers—the value was 90l. 12s. 6d.—he applied again on the 28th for another parcel of 150 quarters for his retail trade, and we let him have it—the value was about 225l.—he never stated that he had placed them in the hands of factors—if we had known that he had raised money on the first goods we should not have parted with the second—on Wednesday, 4th January, he came to our stand at the Corn Exchange, and wanted 150 quarters of maize on credit till Friday; I refused, as his account was large enough—I said I would sell him the maize, and he could take up the order when he liked—I filled up the sale note to that effect—he made no statement, but I understood that it was for the trade—I told him that he must give us a cheque against the delivery order, and about 3 o'clock he brought this cheque on the City Bank, Aldgate (For 276l. 9s. 6d.), dated 5th January, and crossed to our bankers at Croydon—I called his attention to that—he said that it would make no difference, as we could not pay it in at Croydon till next day—I gave him this sale note; it is printed, "Net cash one month," which I altered to" Net cash against delivery order"—I should not have parted with the delivery order if I had not believed the cheque was the same as cash—I paid the cheque to our banker next morning, the 5th, and saw it again on the 7th at our Croydon office marked N. S.—I then went to Bowden's office and saw one of his sons, and then to the Dock Company's office and stopped the goods, and afterwards to our solicitors—I then went to the prisoner's and found him in bed—I told him the cheque had been returned—he said that it must be a mistake at the bank; he had provided for it—I said "Then you had better send your son up with an open cheque and take it up"—he said "I cannot do that; I have no chequebook," and offered to meet me at any time on Monday and put it right—I arranged to meet him at the City Bank, Aldgate, on Monday morning at 10 o'clock, when he promised to prove to me that it was all right—I went there at 10 o'clock on Monday; he was not there, but his son was—I then went to the Corn Exchange, where his son produced this paper:" F. Bowden to W. Lock, Corn Exchange, Mark Lane. Pray don't proceed; my unfortunate father has taken poison"—I do not know his son's name—I said to him "Why, this is in your father's writing"—he said" Yes, it is"—I then went to the Mansion House—we have never been paid for any of the parcels or for
the cheques, and have lost altogether over 500l.—these are two of our delivery orders—our clerk probably gave them to the prisoner—the other 60 quarters were at a different wharf.
Cross-examined. I reside at Croydon, and bank there—I took this cheque home with me with a number of others on 4th January, and paid them all into our bank between 11 and 12 o'clock on the 5th—I have not ascertained that if that cheque had been paid in the first thing in the morning it would have been cleared and paid that evening, I have not made inquiries—the prisoner also referred to Edwin Griffin and Sons, and I inquired of them personally—I gave the prisoner credit, partly because of the statements those persons made and partly because he said that it was for his retail trade—the 60 quarters were sold to Mr. Bartlett, but whether at a profit I don't know—Mr. Coventry had nothing to do with them—Mr. Hughes is my solicitor—I suggested that criminal proceedings should be taken, and not he—I asked if it was not criminal, and he said that it was—no suggestion was made that it would be a good way of getting the money—I first learned at the Mansion House that Mr. Michelmore was acting as the prisoner's solicitor—if we had had the money we should not have cared about the criminal proceedings; we should have taken his word that he had made a mistake—I have not ascertained that if the cheque had been paid into his bank on the 5th January there were assets to pay it—I did not hear the clerk say so; I really do not remember it; I heard so much on that day.
Re-examined. When the prisoner first came he said that Mr. Charles Griffin had trusted him for about 100 quarters for a month—I do not know that a cheque of his for 158l. 15s. given to Mr. Griffin was dishonoured.
EDWARD COVENTRY . I am one of the firm of Coventry and Coventry, corn factors, of Seething Lane—on 28th December Mr. Lock endorsed this delivery-note for 150 quarters of maize, and I gave him 200l. on it—I afterwards sold it at 30s. a quarter, and there would be about 20l. coming to the prisoner on the sale—it was sold before I went to the Mansion House—on 4th January, between 12 and 4 o'clock, the prisoner brought me this delivery-order (produced), which was lodged at the docks, and any order of his would operate on the goods—I gave him 210l. on that order—the advance was rather liberal, but we considered we owed him a little money, as there were other transactions—we sold the first 150 quarters to Chidley, Phillips, and Co., at 30s., on 30th December—we should charge him two per cent. commission on the gross total sale.
Cross-examined. This is the cheque for 210l.; it bears the stamp of the prisoner's bank, and the 200l. cheque is crossed the same—it is the custom of the trade to deposit corn temporarily for advances, and there is no difference whether the quantity is small or large—we advance a sum which will be quite sure to cover us—we retain it, and if the market rises we may get a considerable profit; if the market goes down there is a loss—there was an appearance of a rise in the maize market about the end of the year, but it did not come—there was a fall in January—the 150 quarters realised exactly what he gave for it, less the usual charges—our charges were about 6l., and if maize had gone up even 1s. a quarter that would have paid the 6l. and left a profit, but there was no rise, and it is not sold yet—there is no rule when it is to be sold; it depends upon the caprice of the owner, he watches the ebbs and falls of the market, but a time may come when it must be sold—our business is very large.
Re-examined. The 6l. includes 5 per cent. interest which we charged for the advance—the market did not go up in December, as people expected—they speculate with other people's money.
WILLIAM HARRISON HILLMAN . I am deputy manager of the City Branch of the Aldgate Bank—on 30th November the prisoner signed this authority. (Engaging to keep a balance of not lees than 175l. to cover any cheques or bills which would reduce his balance below that amount.) Up to the time of my attendance at the Mansion House we had bills current from him which we discounted, and we could refuse bills which would reduce the balance below that—this is the cheque-book which we delivered to him—his available balance on the evening of January 1 was 68l. 15s. 5d.—no money was paid in on January 1, but on the 2nd there was, and on the evening of the 3rd his available balance was 51l. 14s. 1d.—this cheque corresponds with the counterfoil of the prisoner's book in number and date—it is drawn on 2nd January to Foulkes for 198l. 18s. 2d.—it was not presented for payment till 6th January, early in the morning—it was then paid—this cheque, drawn on 30th December for 59l., was paid in to Lloyd's Banking Company, Coventry—it would be three days getting to the Bank of London, but there was a Sunday between—it would get there about 3rd of January, and, being dishonoured, it would turn the balance in his favour into a debt of 8l. it it had been sent forward in due course—I have a list of dishonoured cheques from October 23, 1881, the total of which is 3,128l.—here is one cheque upon which Mr. Lock parted with the delivery-order of 5th January, crossed to the Croydon Branch of the London and County Bank, and it would have to be collected through the London house and the clearing-house, and if paid in at 11 o'clock on 5th January the earliest time it could be presented against our bank would be the 6th, I think—the clearing-house opens at 3 p. m., and cheques for clearance are sent down at 3 o'clock, when the clerks bring them from the bank—uncrossed, the cheque would have been paid at Croydon on the 5th—the next counterfoil is Lock's 36532—the preceding cheque is Griffin's 36531—I am sure 36532 was not paid in, and I believe it was not presented—the last credit to the account was 6th January, when 210l. was paid in by a cheque of Coventry and Co., received from Birmingham—the payments out on 6th January were 190l. 18s. 2d. by a cheque of 3rd January which went astray, so that when Lock came to be paid there was 29l. 19s. 10d. only, and there have been no payments into the account since.
Cross-examined. 240l. was paid in on 4th January by two cheques, one for 210l. on Robarts and Co., and one for 30l. on Williams, Deacon, and Co.—I have no doubt the cheque for 210l. is the one mentioned on the slip—if the cheque for 190l. 18s. 2d., which was paid on the morning of the 6th, had been presented on the 5th, there was sufficient to meet it, and it would have been honoured, making full allowance for the 175l. which we hold for bills discounted—the total amount passed through our bank in the half-year ending 31st December, 1881, is 28,781l. 5s. 5d., which we had the use of, but that is the debit side—all the bills have been taken up since except one for 150l.—no bill which we discounted has been dishonoured—if that bill is met the 175l. will be released—he was in the habit of having sums advanced from Birmingham banks which we put to his credit as cash—we have required 175l. to remain since November 30th—he had signed a previous undertaking for 150l. on
7th November, 1881—I commence my list from 25th October because that was the first cheque returned marked "Not sufficient;" that was for 80l. 7s.—this is the list—I find in the pass-book, "October 27, Jordan, 80l. 7s.," and the next is "November 1, Jordan, 327l. 15s. 1d." (The witness was desired to go through the list, sinking out the sums which had been paid since.)
JAMES BARTLETT . I am a farmer and corn dealer—on 19th December I sold the prisoner some wheat, and bought 60 quarters of maize of him at 30s. 3d. a quarter, which came to 90l. 15s.—I owe him the balance now, 7l. 12s. 6d.
SIDNEY RICHARDS . I live at Brixton, and represent my father, who lives at Rugeley Court—this cheque for 59l. of 30th December was sent back marked "N. S.," with a ticket of dishonour attached to it from Lloyd's Bank, Coventry—I have never had the money—I went to the prisoner's office on the evening of 10th January and saw his son, who pretended he knew nothing about it.
Cross-examined. I did not see it till January 10th; my father had to send it to Coventry and Co., and it had to come to London and go back again—I first gave the prisoner the opportunity to make arrangements, and then issued a writ against him—when I found that Mr. Lock had caused him to be summoned at the Mansion House I presented myself and gave the evidence which I have given now—I have not given directions that the writ shall be withdrawn—after issuing it I wrote to Bowden asking if we could be paid by the person who had the corn—I do not remember whether that was after I had given evidence at the Mansion House.
JEFFERY EDWARD MICHELMORE . I am the defendant's solicitor—I sent but this circular to his principal creditors on his behalf. (This was dated 17 th January, 1882, stating that as the defendant's liabilities were two or three thousand pounds, and his assets only 300l., it would be idle to apply to the Bankruptcy Court, and therefore proposed that an assignment of his assets should be made before one of the creditors obtained a judgment, which would consume a considerable portion of the assets.) The 200l. balance at the bank is included in the assets, and the estimate was 100l. more—Mr. Richards was the person suing.
Cross-examined. I first heard on 8th or 9th January that criminal proceedings were to be taken against my client—I afterwards called on all the large creditors who could be found, and saw a good many of them—I saw Mr. Hughes, the solicitor for the prosecution.
WILLIAM HARRISON HILLMAN (Re-examined). I have now gone through the 3,000l. of returned cheques between October and January, and of those not re-presented I find only two up to December, one for 45l. 18s. and one for 125l.—on 6th January there is another, and one for 315l. was presented three times—those dishonoured in January are 219l. 1s. 6d., 59l., and 315l.
By MR. FULTON. What it amounts to is that all those cheques which were not paid on their first presentation were paid on their second, except one for 45l. and one for 125l.—we should allow three clear days for the payment of a country cheque—the cheque of 30th December ought to have been paid on 3rd or 4th January, supposing it was paid in in due course.
Sutton—this cheque for 198l. 18s. 2d. was paid in on 3rd January—it was misdirected "London and County Bank, Aldgate," instead of City Bank, Aldgate; that accounts for it not being paid till 6th January—I asked for our customer by whom it was paid in—the mistake has nothing to do with Bowden.
MR. FULTON contended that as the false pretence was that the prisoner wanted the corn for his private customers, and as the evidence was that Mr. Lock trusted him in consequence of the inquiries he made of Mr. Griffin, there was no case to go to the Jury. The RECORDER considered that it was a case for a Civil, not for a Criminal Court, being a case of commercial misfortune.
NOT GUILTY .
MR. BESLEY Prosecuted.
WILLIAM HENRY LUND . I am a wine merchant, of 14, Southampton Buildings, and have chambers there—I met Mr. Hollingshead, who is connected with the newspaper press, at Hart's, in Govent Garden, which opens at 2 o'clock; it is a regular press house—we remained there till 4.30—I was quite sober when I left—we engaged a cab outside and drove to Southampton Buildings—I had a watch, worth 50 guineas, and a chain, with a gold bar through my button hole—I had looked at it about 3.30—when we got out at Southampton Buildings I saw the prisoner standing talking to the cabman—I do not know now he got there—I said to the cabman" Here is a shilling for you and some loose coppers"—he suggested a drink—I said "Well, I will send you a drink down"—nothing was said about a larger payment—the fare is only 1s.—I went upstairs, took off my overcoat, and was pouring out some brandy for the cabman, and heard a loud knocking at the door—Mr. Hollingshead was still with me—I opened the window and saw the cab there, and two men in the doorway—I asked why they knocked at my door—something was said about bringing the drink down—I said" For your rudeness you shan't have a drink at all; go away," and closed the window—the knocking commenced again, I opened the window and still saw the cab—I went down to know what they wanted, and received a powerful blow on my nose, and was dragged into the middle of the road, punched on the face by the cabman, and tripped up and thrown on my back by the prisoner, who grasped my watch with his right hand and tore it from the button hole, and with his left handed it to the cabman, who jumped on his box, leaving his hat in the middle of the road, and drove off furiously—I detained the prisoner and called for assistance—my friend came down and detained him while I ran some distance up Holborn to try to overtake the cabman—I then returned and gave the prisoner in custody.
Cross-examined by the Prisoner. The cabman did not ask me to make the fare eighteenpence—I opened the window and said" If you don't go away I will have you removed"—when I opened the door I did not strike the cabman in the face and knock him into the road, nor did I then go into the road and begin fighting with him—he did not fall on top of me—you did not pick me up—when the constable came I did not ask you if you had got my watch; I said that you gave it to the cabman
—I went upstairs to get my coat, as I was in evening dress—I had no drink when I went upstairs—I did not put my head out at the window and ask my friend to have some brandy and soda—he was not downstairs when I looked out—I believe I said at the station "The b—s would not stand up to me"—I did not mean that I wanted to fight and they would not; I meant that they would not have robbed me if they had been single handed—I said that I would not have lost my tooth, which was loosened, for two or three watches—the house I was at was Hart's; I said at first that it was Short's—I did not say to the cabman "I have got no more small change, I spent so much at the 2 o'clock house"—I did not take the cabman's number because I was struggling with you—I struck the cabman in self-defence, but I did not commence the row.
Re-examined. I was in bed for two days from the violence, and had to have a doctor.
HENRY HOLLINGSHEAD . I am connected with the daily press—Hart's house is resorted to by press people—it opens at 2 a. m. and remains open—I met Mr. Lund there on Friday morning; wo left about 4.15, and took a cab from the door—I noticed the prisoner against the railings when the cab set down—Mr. Lund gave the cabman some money and we went upstairs—he was about to mix some brandy and water—I then heard a knocking at the door, and Mr. Lund looked out at the frontroom window first floor, where we were sitting, and told the cabman he would not have the drink if ho troubled him—I looked out at the same time and saw the prisoner talking to the cabman—Mr. Lund shut the window and went down—he had taken his coat off and was in evening dress—I heard a cry of "Police," looked out at the window, and saw him struggling with the prisoner, and the cabdriver driving away—I was perfectly sober; I was at work up to 2.30—I saw Mr. Lund take out his watch in the cab, as I asked him what the time was—Mr. Lund said "Hold this ruffian;" I caught hold of the prisoner and Mr. Lund ran after the cab—a policeman stopped with me till Mr. Lund returned, and we all went to the station—a hat was lying in the road, which was taken to the station, where Mr. Lund produced the bar of his chain.
Cross-examined. I put you in the passage, half closed the door, and stood outside—you did not try much to get away—Mr. Lund went up for his coat—he did not look out at the window and say to me "Come up and have some brandy and soda"—he did not say at the station "The b—s would not stand up to me"—I think the cabman said "Make it eighteenpence"—he asked for more than he got—Mr. Lund pulled out a handful of gold and silver when he paid the cabman—he did not say that it had cost him a sovereign at Hart's.
JOSEPH KENNA (Policeman E 354). On 6th January, about 5 a. m., I was in Chancery Lane, and heard a cry of "Police!" from Southampton Buildings—I ran there and saw the prisoner being detained by Mr. Hollingshead, who said he had stolen a watch from Mr. Lund, and given it to the cabman, who he had run after—Mr. Lund came back and gave the prisoner in custody, who said that he did not take the watch—I took possession of a hat which was lying in the road—the prisoner had his hat on—Mr. Lund showed me the bar of the chain—his clothes were covered with mud.
Cross-examined. Mr. Lund did not go up and look out at the window
and ask me to have drink—I think he asked his friend to have a glass of brandy, but I am not sure whether he looked out at the window or shouted down the stairs—his friend did not say that he had had enough—he said, "We had better go to the station at once"—Mr. Lund did not say at the station, "The b—s would not stand up to me. "
The prisoner produced a written defence stating that he was an honest, hardworking man, that as he was passing the house he heard the cabman ask the prosecutor to make it 1s. 6d., who said that he had no small change, but offered him some drink, and the cabman asked him (the prisoner) to remain, as there was a chance of some drink, but it did not come, and the cabman knocked at the door, and Mr. Lund opened the window and said, "What are you knocking for? you had better go away, or I will have you removed" that the cabman knocked again and the prosecutor came down and struck him and knocked him into the road, tliat they fought and felly and the cabman got up and drove away, and while he (the prisoner) was picking the prosecutor up, Mr. Hollingshead came down and seized him and gave him in charge, but that he knew nothing about the watch.
He then PLEADED GUILTY**† to a former conviction at Middlesex Sessions in August, 1880. —Eighteen Months' Hard Labour.
THIRD COURT.—Thursday, February 2 nd, 1882.
Before Mr. Common Serjeant.
MR. HOFFMEISTER Prosecuted; MR. GEOGHEGAN Defended.
JOHN GOODLAND ALLEN . I am a whalebone-cutter, of 7, Monkwell Street, City—on 12th January, about 5.30 p. m., I went into the urinal in Post Office Yard—I was wearing a gold watch, value about 15l., and a chain round my neck passed into my left-hand pocket—on coming out I was met by two men—one was the prisoner—they pressed me backwards in the passage—I said," Let me come out"—Coxon pulled me by the arm and said, "Go in or go out"—he first pushed and then pulled me—after I was out I found I had lost my watch and chain—Mr. Newling spoke to me, and I missed my watch—I said," He has robbed me of my watch"—the prisoner came out the same way as he went in, and the other man as well—I saw the prisoner walking rapidly, and shouted, "Stop thief," followed, and gave him in custody by the Post-office, about 100 yards off—there is a railing between—I have not got my watch back.
Cross-examined. I lost sight of the prisoner when he turned the corner in St. Martin's-le-Grand, about 50 yards from where I caught him—the urinal was not full—the prisoner could have gone out the other way—I had put my hand on my watch perhaps three minutes before I went in—I entered from Cheapside—I had come from an omnibus—I felt my watch from habit—the prisoner and the other man were the only people in the urinal—if I said at the police-court," The prisoner came out alone" it must be correct—I saw his head and shoulders through the railings—I did not see the head and shoulders of the other man—the Post-office yard is about 50 yards long.
Re-examined. My coat was flying open.
ARTHUR WILLIAM NEWLING . I live at 67, Ludgate Hill—I am a hosier's assistant—on 20th January, about 5.30 p. m., I was in Foster Lane opposite the urinal—I saw the prisoner pushing the prosecutor backwards into the urinal and another man pressing against him—the prisoner was dressed in a brown coat, a felt hat, and he had dark hair—I went to give the gentleman a warning when the prisoner got from in front of him saying, "Why did you not say you wanted to come out?"—I then saw the gentleman's chain hanging down—the two men went inside—I called the prosecutor's attention to his chain—I saw the two men come out of the urinal—the prosecutor said, "That is the man who has got my watch," but I did not go by that—the prisoner walked at a sharp pace—I walked by his side into St. Martin's-le-Grand—another gentleman was following him—I fetched a policeman, and the prosecutor gave him in custody—I pointed him out—the prosecutor followed us some little distance behind.
Cross-examined. The prisoner went about 200 yards before he was given in custody—I was hardly a yard from him, walking with him—the prisoner came out of the urinal alone—there were a lot of people about—about four were in the urinal—the prisoner came out the same way as he went in—I left a gentleman with the prisoner while I went for a policeman.
JOHN WARDLE . I live at 75, Hallidale Eoad, Peckham, and am a clerk—I was in Foster Lane on Friday, the 30th January, about 5.30 p. m.—I was crossing the gateway, leaving the post-office yard, and about two or three yards from the urinal—I saw the prisoner come out of the urinal in a hurried manner, and through the gateway into the post-office yard—almost at the same time I heard the prosecutor call out "Stop thief" three or four times—he appeared agitated—I followed the prisoner—when he got through the gate he straightened himself up—he had been hurrying—I overtook him—Mr. Newling came up and said something and left me and I walked alongside of the prisoner till he came opposite the Le Grand opening, where he was given in charge—I only lost sight of him to glance at the prosecutor when he was calling out—as he passed a post-office van a hone's head was between us, when I saw him doing something with his left pockethe appeared very much relieved—he was walking alongside another party at the time.
Cross-examined. He appeared relieved by the expression of his face—I did not see him walk from the urinal—I saw him hurrying across the yard—he ran round the corner—he put his hands down and threw his shoulder round sideways.
JOHN NEWTON . I am a merchant's clerk, of Croydon Road, Penge—on Friday afternoon, 20th January, I was in Foster Lane about 5.30 p. m.—I saw the prosecutor going to the urinal—I used the stall that he vacated—there are four stalls—a person passed behind me rather running, that is with a rush; he went to speak with a man who was in a stall farthest from the post-office; I was at the other end—I went out the same end as the prosecutor did—I heard the prosecutor cry out, "Young man, you have got my watch"—that was a minute and a half after some one passed me—I looked out for my own watch—when I was going out I heard a cry, "Stop thief," in very faiut tones—I then saw a crowd following the prisoner, and I followed to the Post-office yard—the prisoner was given in custody.
FREDERICK LAWES (City Policeman 313). Newling called me from the corner of Newgate Street at about 5.30 p. m.—he pointed out the prisoner, who was about 20 yards from me, and I had to run with all my might, and stopped him—the prosecutor came up and said, "Policeman, that man has got my watch"—the prisoner exclaimed, "You old scoundrel, what do you mean by saying I have got your watch?"—I took him to the station; he was there charged, and said, "I know nothing of it"—I found nothing on him.
Cross-examined. The inspector said, "What is your name?"—he made no answer—then he asked, "What are you?" and the prisoner said, "Coxon"—the inspector said, "I suppose you mean that for your name, not your business?"—he said, "Yes, I am a butcher"—the inspector said, "Where do you live?"—he said, "At Vale End, Birmingham. "
NOT GUILTY .
MR. HURRELL Prosecuted.
GIUSEPPE GUCHA (Interpreted). I am a sailor on board the Galician, lying in the London Docks—on Friday, 27th January, I was in St. George's Street about 11 p. m.—a man came and showed me a pipe—I told him I wanted no pipes—I speak very little English, but I made myself understood—the prisoner came and stood by me—I took a hair from my head to see if the amber of the pipe was real, when the prisoner pushed against me and said "All right"—I felt a tug, my chain fell down, and I missed my watch value 25s. from my left pocket—the prisoner ran away; I ran after him; a policeman arrested him.
Cross-examined by the Prisoner. I never lost sight of you—you were on my left side—I did not kick you; I could not catch you.
JENNY CAPLAND . I am a prostitute, of 2, St. George's-in-the-East—I was at St. George's Street, Ratcliff Highway, on Friday, January 27th, about 20 minutes to 11—I saw the prosecutor and two men—one of them said, "Will you buy a pipe?"—the prosecutor said "No"—the man said, "Buy the pipe, it is a good pipe"—then the prosecutor took it and tried it on his hair—the prisoner shoved him and grabbed his watch and ran away—the prosecutor ran after him, and he ran into a policeman's hands—the man stood still who showed the prosecutor the pipe, but he shoved the prisoner against the prosecutor.
Cross-examined by the Prisoner. I was about a yard off—I saw the watch when you took it.
WILLIAM THOMPSON (Policeman E 84). On Friday, January 27th, about 11.20 p. m., I was in St. George's Street with another constable, and stopped the prisoner—I said, "What are you running for?"—he said, "A man has stolen my pipe"—I said, "Where is the man?"—he said, "He has run up this court," which was Ship Alley—then the prosecutor and the female witness came up—the prosecutor said, "That man has stolen my watch"—I told the prisoner we should take him to the station for stealing the man's watch—the prisoner said, "He has made a mistake"—I took him to the station—the inspector read the charge to him, and he said, "I was the man who tendered the pipe to the prosecutor
for sale; ho made a kick at me, and I ran away from him"—I searched him at the station, but found no watch—the other constable searched the place—there was a crowd—the prosecutor's chain was hanging from his buttonhole; it had been broken from the swivel.
The Prisoner's Statement before the Magistrate, "I know nothing at all about the watch. "
Prisoner's Defence. The prosecutor and the female said his watch was on the left-hand side, but it was on the right. The prosecutor turned my pipe over to this other man and I never got it back. They stripped me at the station and found nothing on me.
GUILTY .— Twelve Months' Hard Labour.
MR. KEITH FRITH Prosecuted; MR. LEVEY defended Tabb.
JOHN WEBSTER . I am a gardener, at High Street, Edgware—on 7th January I came to town for my pension—I was a soldier twenty-one years and nine months—I have five medals—I received my pension and went to the Empress lodging-house, Drury Lane—I met Moore there about 5 p. m., in the kitchen—I asked him if he would have some beer—he said he did not drink beer, but would drink a drop of rum—we went to the Clock House and had a quartern of rum—we afterwards went to Covent Garden Theatre—Moore proposed that we should go—we came out and had" two threes of rum warm, "at the public-house opposite—we then went back to the lodging-house—I paid for Moore's lodging and my own—he said he had no money—he said he wanted hit waistcoat from the landlord, and I gave the landlord half-a-crown to change—sixpence was for the waistcoat, which Moore got—he went away for five minutes—when he came back he said" Will you go for a walk?"—that was about 9 o'clock—I said" It is too early to go to bed," and we went—he led me to where there was a brewery—I said" Do not go up this way"—he said "It is all right, we shall be out in the light in a minute—when I had gone 20 or 30 yards up a court where the drays go through, I received a blow in the back of my neck, and one in the small of my back—Tabb and Savage knocked me down—they said "Halloa, old gentleman, what is up with you?" and at the same time Tabb and Savage put their hands in my pockets and tore them—I had two sovereigns, a half-sovereign, 8s. in silver, and some coppers—Tabb rifled and tore my pocket right out—he said "All right, come on, I have got the old b——'s money, come on"—they ran away and I saw no more of them—I shouted "Stop thief"—my wrist was sprained and I could not help myself, and my knuckles were out from the fall—I went to the station and gave a minute description to the police—I went the next morning and identified the prisoners from about a dozen—I am sure they are the men.
Cross-examined by Moore. I saw you hold my hands.
Cross-examined by MR. LEVEY. I draw my pension once a quarter, at Albany Street—I got my money about 2 o'clock—we left the theatre before 9 o'clock because Moore told me his head was bad—I intended to spend two days in London—I was sober.
Seven Dials—I know the prisoners—Moore has lodged there since Christmas—I turned Savage out—Tabb had not lodged there to my knowledge till this night, when he was taken out—Moore came in with the prosecutor a little after 9 o'clock—the prosecutor said "I am going to pay this young man's lodging," and "You have got a waistcoat of his"—I said "Yes," and he paid for that—he gave me half-a-crown and I gave him two sixpences in return—he asked me if I had a bed for him—he paid 6d. each for the lodgings and 6d. for the waistcoat—he said" You had better keep the other shilling for two nights' lodgings for me"—he and the boy Moore went away then—I have frequently had to turn Tabb and Savage out—the prosecutor came back in about half an hour, a little before 10 o'clock, and made a complaint—he was sober—I said something to him and he went towards Bow Street.
Cross-examined by MR. LEVEY. I did not see Tabb and Savage in the house or I should have turned them out—this is a picture of the house—we have 300 lodgers of all classes.
CHARLES BERRY (Detective Sergeant E). The prosecutor came to Bow Street Station on 7th January about 10 p.m., and made a complaint—he was sober—in consequence of what he said I went to Queen Street with Sergeant Partridge, and the following morning we went to the Empress lodging house about 7 a.m.—I saw the three prisoners in bed—I said to Moore, "I shall take you in custody for robbing a man in Neale's Yard last night?"—he made no reply—I took him to the station—the prisoners were placed amongst a number of other lads, and the prosecutor tapped Moore on tho shoulder and said," That's one," he tapped Tabb and said" That's another; "he looked along the line and said," That's the third man," pointing to Savage—they were then charged—I said to Moore" You are wearing two waistcoats, where did you get this one from?" the outer one—he said" I got it from the lodging-house yesterday"—the prisoners were sleeping in the same room; in three beds nearly touching—I have seen them together—4 1/2 d. was found on Moore.
Cross-examined by MR. LEVEY. There were nine men in all at the identification—the prisoners were told to place themselves where they liked—the prosecutor gave the details of his treating Moore—the lodgers have tickets; they do not pick their own beds.
Re-examined. Directions for beds are given by the deputy—if three persons came together, they would be assigned beds near to one another—it is the practice at identifications to choose men about the same age and height as the prisoners, and that practice was followed.
WILLIAM READER (Detective Sergeant E). I went with Berry to the Empress lodging house—I woke Tabb, and said "I am going to take you in custody for robbing an old man in Neale's Yard"—he made no reply—I searched him—I found 15s. 6d. in silver tied up in a pocket handkerchief in his outside coat pocket—I was present when the prosecutor identified him—he said nothing—I have seen the prisoners together daily.
THOMAS PARTRIDGE (Police Sergeant E). About 7 a.m. on 8th January I went to the Empress lodging house with Berry and Reader—Savage was in bed asleep—I woke him up and said" I am going to take you in custody for being concerned with tne other two in assaulting and robbing an old man in Neale's Yard"—he made no answer—he put on his clothes—I took him to the station, searched him, and found 1s. 7d. on him—I was present when the prosecutor identified him—he said nothing.
Cross-examined by Savage. You did not ask me what I took you for; you did not address me.
The Prisoners' Statements before the Magistrate. Moore says: "I did not rob the man." Tabb says: "I went to this meeting about 8.15 on the night the crime was committed. I stayed there until it was all over, when the house was turned out; I then went home to the Empress Chambers. I know nothing about it." Savage says: "I went up to the meeting about 7.40 p.m., kept there till it was over, and then went home to the Empress Chambers. I am innocent of this. "
Savage's Defence. I went to a meeting, and then went to see my sister. I went to Empress Chambers, and in the morning the police came and took me out of bed.
GUILTY . TABB,**† SAVAGE,**† and MOORE†.— Nine Months' Hard Labour each.
OLD COURT.—Friday, February 3 rd, 1882.
Before Mr. Justice Denman.
MESSRS. BESLEY and GILL Prosecuted; MR. J.P. GRAIN Defended.
MORRISON PLEADED GUILTY. — Six Months' Hard Labour.
BUTCHER— GUILTY .— Fifteen Months' Hard Labour.
The details of this case were unfit for publication.
NEW COURT.—Friday, February 3 rd, 1882.
Before Mr. Recorder.
MESSRS. MONTAGU WILLIAMS and CHARLES MATHEWS Prosecuted; MESSRS. LEVEY and FILLAN defended Gover.
HENRY ALFRED STACEY . I am Superintendent of Records at the London Bankruptcy Court—I produce the proceedings in Gover's liquidation, dated 14th November, 1881—I find a list of creditors filed on 15th November; the debts amount to 700l.—Messrs. Hamlyn's name appears as a creditor for 100l., and F. C. Golding for 104l. 3s.—there is no statement of assets, and no composition is proposed—(Gover did offer to pay half-a-crown in the pound, but that was under a former petition of July, 1878, by which the indebtedness was 300l.)—the first meeting of creditors under the petition of 1881, fixed for December 6th, was not attended, and a petition was presented in the Bankruptcy Court on 8th December, 1881, by Messrs. Hamlyn, and filed on the 9th.
Cross-examined by MR. FILLAN. There were 25 creditors besides Golding—Winchester was not one, Bevis was one, and Greenham, and Miller—I don't think a receiver was appointed—Mr. Weatherfield, a solicitor, appeared for Gover, and the Court would not appoint a receiver, having no control, as the creditors did not attend—the failure was the fault of the petitioning creditor, not of the creditors.
WILLIAM MILLER . I was originally in the service of the Great Western Railway at Paddington—on 2nd November I saw an advertisement in the Daily Chronicle, which I answered, and received this letter: "99, Commercial Road, E. Sir,—Call here at 9.30 to-morrow respecting situation. A. G. Gover for Gover and Golding. "I called next morning, and saw Golding—I said that I called in reference to the advertisement—he said "Are you Mr. Miller?"—I said "Yes"—he introduced me to Gover, saying, "My partner, Mr. Gover"—Gover said that he wanted an honest man to manage his shop, as he had got six shops in various parts of London—I asked if references would do instead of security—he said "No," he did not doubt my honesty, but he had been robbed so much he was determined to put a stop to it—he said that he was an inventor, and Golding brought in a pattern of one of his inventions, plates to put on boots—he raid he was a self-made man, and was worth at that time 2,000l. or 3,000l.—I asked where the shop was which I was to manage—he said "Just here in a good neighbourhood; a good open street doing a good trade," and that he had a large place in Church Street, Shoreditch, and had been security for some one named Stanny for between 2,000l. and 3,000l., which had sold him up and ruined him, and he had taken him into partnership—I wrote to him the same night, and accepted his offer—I went there again on 30th November, and again saw Golding, who said that his partner was out; Gover afterwards came in—I said that I should like to see the shop that I should have to manage, and Golding took me down to No. 65, which was also a leatherseller's—we went over the house—I pointed out that several repairs ought to be done, which he said should bedone before I came in—he said that his partner was rather a roughlooking man, but he had stuck to him when everybody else had rounded on him—I went back, and saw Gover, handed him 30l., and received this document: "Received of Mr. Miller 30l. as security, such security to be returned on leaving our employment, provided the stock is honestly accounted for; salary 22s. weekly" (Signed by both parties). I went in on the Saturday—Gover gave me a key of the shop, and told me if a man named Bevis came I was not to let him in, or to give him in custody—on the Monday morning the prisoners came, and Gover wanted me to go with his son to Cable Street to fetch some leather and nails—I went to Figg's, and brought a bundle of leather, which had been bought, to 75, Cannon Street Road, and Golding took it away—Gover took some hemp away on the Sunday—I told Gover on the Monday that I wanted some more stock in the shop to cover the 30l.—he said "What there is there put in as small compass as you can; before the week is out you will not be able to move," and Golding said "Before the day is out"—I reckoned the stock at about 8l.—when I parted with my 30l. I believed the statements they both made; I thought I was dealing with honourable men.
Cross-examined by MR. FILLAN. I still live at the shop, but I am there for the landlord, not for them—I entered their service on 5th December, and Gover was arrested the same day, but I took possession on Saturday, the 3rd—he might have made a good business if I had remained and had plenty of stock—I went to the Treasury with the other men when I found had been swindled—I saw Mr. Walker, who prosecuted the prisoner at the police-court, but when I gave my evidence Mr. Wontner was prosecuting, and I had to deal with him—there was only one little bit of a book in the shop with 3s. 6d. down, but on Saturday, which was
considered a very busy day, 1l. 5s. 8d. was taken—Bevis was my precdecessor.
Cross-examined by Golding. I swear you said that you were Gover's partner, and it was through the representations you made that I parted with my money.
WILLIAM DRAKE . I am a carver and gilder, of 99, Commercial Road—on 21 st November I saw an advertisement in the Daily Chronicle for is man to manage a branch shop—I replied, and received this letter; "90, Commercial Road. Sir,—Call at the above address at 8 o'clook this evening.—A.S. GOVER, for Gover and Golding"—I went there and saw Gover, who asked if I had been in business before—I said "Yes," and that I had failed—he said that that was the shop he required me to manage, and introduced Golding as his partner, who was swindled out of 3,000l. before he took him into partnership—he asked if I was prepared to put down 30l. as cash security for my honesty, and I made an appointment to pay it the next Wednesday—it was to be returned at the end of the engagement—my salary was to be 22s. a week, with a rise of 3s. if I suited, and three rooms and gas—he said that he was a self-made man, and a 3,000l. man, and had five shops—I went again on Tuesday, this 22nd, and seeing Golding repairing boots I asked him if he was a working partner; he said "Yes"—I went again on the Friday and saw them both, and paid Gover 30l. in notes, and Golding was sent out-for a receipt-stamp, but could not get one, and this receipt was not given me that day—I moved in that day—this is the receipt. (For 30l. as security for the safety of the stock, to he returned on his leaving the employment.)—I parted with my money because I believed the statements of both prisoners—I began my duties on Monday, 28th November, and on 5th December both prisoners were arrested—on December 1 st Gover, Golding, and Stone took away a barrow load of leather and grindery—they said that they were going to send it to the Battersea shop, the one which had been closed—afterwards the goods at No. 99 and the fittings and furniture were seized under a bill of sale, which wae produced to me—the shop was emptied.
Cross-examined. I still live there—I obtained a protection order from the police-court—I was a total abstainer then—I sold goods value 6l. 18s. the first week—he paid me my 25s. salary at the end of the first week; and when the next week came he was in custody—when I gave up my business last May I paid my debts, all but 8l.—Mr. Atkinson Walker prosecuted on the second occasion—I was not there on the first—I did not tell him what I had to say.
Cross-examiined by Golding. I said, "Are you a working partner?" and you said, "I am"—you did not say that IF you were one you Were a working one—you pushed two heavy truck-loads of goods from there to Battersea, but masters often do what men will not—you did not sign my receipt.
EDWIN WINCHESTSR . I live at 10, Mundella Terrace, Battersea—I have been a general servant—on 10th October I saw an advertisement in the Daily Chronicle, which I answered, and received a letter saking me to call at 75, Cannon Street Road—I went there and Saw Gover, and said that I had come in answer to his letter—he said that he wanted a manager for his branch shop—I said, "I have not been in business before"—he said that did not matter, as everything was marked in plain
figures and it was very easy to find out, but he wanted a trustworthy man, as he had been so much robbed, and he would stand it no longer—he spoke to Mr. Bevis, who was in the shop, and said he was doing so remarkably well the little time he had been there that in a short time he would be able to show him how to cut up hides of leather—he wanted 25l. from me as security; that was the amount mentioned in the advertisement—I asked him if he could not take less; he said "No"—he arranged to meet me at the shop, 6, Mundella Terrace, Battersea—I met both prisoners there that evening—Gover said that it was No. 8 shop that I was to have charge of, and he took me there—he introduced us to his son Tom—this was the 19th—he said he wanted me to go in about the 22nd or 25th October; I said I would let him know which day—I paid him the money in bank-notes on Thursday, the 26th October—he handed the money to Golding, and asked him to see that it was all right—I received this receipt. (For 25l. as security, and stating that his salary would be 22s. a week.)—I asked Golding who the "Co." was; he said, "Oh, I suppose that means me"—I entered upon my duties on the 21 st—I remained there a fortnight, and at the end of three weeks received this letter: "Sir,—Finding you are in no way suitable to manage my business in my absence, I intend to settle with you in a few days. I give you this notice that you may look out for something you are more fitted for"—in the latter part of that day Golding came down and said, "What is the matter between you and Gover?"—I said," I do not know"—he said," He sent me to ask if you know that another man is coming in your place?"—I said "No"—he said, "I believe that is what he means; he is going to pay you out; am I to tell Gover you are ready to go?"—I said, "Yes, if he pays me my money in full, not part or parcel of it"—he then went in to No. 6—I afterwards got this letter. (Stating," You must have entirely misunderstood my note to yourself; I had not the slightest idea of finding fault with you. (Signed) A. G. Gover. ")—I had before that received a letter from him asking me to send the takings of each day for the last fortnight, as he had only received 11l. from the two shops—I sent up an abstract by his son, and wrote him a letter—on the Tuesday morning Stone and Thomas Gover came and brought me another note, and said that the best thing to do was to discharge me at once, and I must consider myself discharged, and Stone was to take possession of the shop, but as I had not received my money I refused to leave that day, and Stone jumped over the counter and remained there—the son went away and returned, and Stone went out, and when he had gone Thomas Gover came down with a rough bully fellow, and threatened to turn me out of the shop by force—I had the shop closed till the crowd was cleared away by the police, and at 12 o'clock Gover and Golding came down—there were two constables there—Golding went upstairs and asked if the constables were on duty, and asked them into the shop—they had a conversation—Gover came out and abused everybody, and offered to fight one and all of the b—s, and said that not one of them should have a quarter of their money; he took off his coat and threatened to fight everybody, but the police told him he was in a public highway—he then went into No. 6—that was all that occurred that time—on the Thursday Weatherfield came and demanded the takings—I hesitated a long time, as I had sent to my friends for advice—I gave him the takings—Gover was very excited, and took the book away—they tried to get rid
of me—Gover began stripping the shop and taking the things into the other shop; 18 pairs of boots were removed, but he was prevented from quite clearing it by a man who came down—on Friday Gover and Weatherfield came down again with 12 men, and smashed in the back premises—Gover had a heavy crowbar in his hand, and he ordered the men to strip the shop, and Weatherfield locked it and stood outside while the men cleared it—the shutters were up, so that the men had to work with candles, and Gover left me in an empty shop, and said he would charge me 2l. a week as long as I remained there—I remained there till the Sunday, and then went to No. 10—I had then been there pretty well four weeks—I then gave information.
Cross-examined by MR. FILLAN. I took advice from Mr. Atkinson Walker—he was here yesterday—I do not know that the crowbar was used—it was brought most likely to threaten me, but they smashed in the yard gate and door, although they could have got in at the front door—I never prevented his coming in, only after 12 o'clock at night—I had no fighting man with me—there was a man there, a stranger to me, as I wanted assistance—the average takings were 1l. a day—I got my salary for two weeks, but not for the third or fourth—Gover did not complain that I was not sober—I used not to drink much—after he had cleared the goods out he said he should charge me with embezzlement—my brother-in-law went to the shop before I paid my money, and he was satisfied—I did not know that Mr. Weatherfield was a solicitor.
Cross-examined by Golding. When I asked who the "Co." was you said "That is complimentary to myself," or something like that—you did not appeal to a man in the shop to say that you were not a partner—what you said was" I believe he means me"—I do not think you said that you were no partner, and appealed to a workman in the shop to confirm you.
CHARLES EDWARD BEVIS . I live at 62, Cannon Street Road—I had been a pork butcher and bad kept a cooks shop—I saw an advertisement in the Daily Chronicle, wrote to "Leatherseller," and received a reply, upon which I called at 75, Cannon Street Road, and saw Gover—he said "This is the sort of business; do you think you should like it?"——I conversed with my wife—we went over the rooms and came down and saw Gover—he wanted 25l. deposit, which I refused—I said that I could only manage 20l., and that not till the Saturday—he wanted to engage me on the Friday, but Friday being an unlucky day my wife persuaded me to go on Thursday—we got the money, and on Saturday, about 11 o'clock, Golding came to the shop—Gover had told me the previous day that he had taken a partner, a little old man, and if he came I was to tell him to pull off his coat and go to work—Golding came—I paid my 20l. and received this receipt (For 20l. as security for the witness's faithful services). I fulfilled my duties for fifteen weeks and two days, and got my salary all but 6s., 8d., which was stopped—very little business was done—the takings one day were 3s. 8 3/4 d.; another day, 4s.; and on Wednesday 8s. 9d., but on Saturday it was 25s., which I afterwards worked up to 2l.—I believed the stock to be Gover's—on 15th November I received a notice from the Bankruptcy Court, saying that I had been filed as a creditor of Gover—I went and saw him on the 16th, and Golding and Stone came to the shop and said "Mr. Bevis, you must not have your shop opened"—they assisted in putting up the shutters and
said that I was to take my accounts and stock to 99, Commercial Road, which I did, and saw Gover, who went on like a maniac—he said he wanted his b—money which had been taken in his shop yesterday—I said that I would fetch it—he called three men to kick me out—one was a fighting man—I said "Tou will suffer for it"—he said that I should have to do as I was told—I said" I can walk out"—nothing was said about my money—I sent the takings to him as I did not think it was safe to go—on 26th November he said" Charles, you know how I am situated, I cannot afford to keep you on, if you see anything likely to suit you you had better take it I want to make a proposal to you; I would give you your money, but the law will not allow me; you have got a brother, and I will present him with 10l. I can stand at this door and throw it out and he can pick it up, but it would not be lawful for me to give it to him"—subsequently my wife was paid 5l., and that was all I received back of my 20l.—I saw Gover again on 2nd December—he said "I want you to go with me to Guildhall the first thing on Monday morning to take an affidavit; if you will do as I want, you shall have all your money; if not, you shan't have a b farthing of it"—he wanted me to go as a friendly creditor, and be sworn and give up my papers to Mr. Weatherfield, the solicitor—I kept civil with him, but I did not goto Mr. Weatherfield—he had told my wife on Wednesday that he should not require me after Saturday, and on Saturday, at 11.30 p.m., he came and I handed him all I had taken, 25l. 2s. 11 1/2 d.—he said that he should not require my services after that night, and I said" I want my month's wages and my 20l. cash security"—he said" You will have to take your chance with the vest of them"—I said "I shall place it in the hands of a criminal lawyer, and you will hear from me on Monday"—he said "Before that, if you like. "
Cross-examined by MR. FILLAN. I received my salary every week regularly except 6s., which was deducted because the shop was closed, as he had not paid rent, rates, or taxes, and was afraid the landlord would put the brokers in and take his stock, so he removed it—he paid me my wages the last week I was there—I got a notice from the Bankruptcy Court—they would not take my proof; they said it was not lawful, I had got no bills; mine was not a debt, and that a creditor must be somebody who supplied goods—I took about 3s. or 4s. on Mondays, 4s. or 5s. on Tuesdays, and on Saturdays 30s.; but one Saturday I got it up to 2l. 4s.—that was a very extraordinary taking, but three Saturdays out of four we had not got the things to do business—my brother came, but he did not get the 10l
Cross-examined by Golding. Gover told me you were a partner—the morning after I went, or I should never have paid you the takings as I did when he was out of the way.
JOHN MORET . I live at 21, James Street, Peckham Rye-on 22nd. June I saw an advertisement of the Daily Chronicle; I answered it, and received a letter, and went and saw Gover at 75, Cannon Street Road; I said I was never in business before, and he said it was a business easily learnt, as everything was marked in plain figures—I agreed with him to take the management of the shop 75, Cannon Street Boad, and on 25th June I deposited 20l. as security, for which he gave me this I O U—I entered on my duties two days after, and stayed there till 5th August,' but on 3rd August he induced me to lend him another 10l. to pay Mr.
Greenham, who managed the shop at Battersea, and gave me this I.O.U—he sent me to Battersea with a letter to Mr. Greenham, in which he said that I was to manage the shop at 8, Mundella Terrace, and he was to act under me as shopman—Greenham acted under me for some time, and I kept the books at No. 6 as well—I gave notice to leave on 11th October, and on 12th October his son called me out of bed at midnight, and I went over to No. 6 shop where I met the two prisoners and Thomas Gover—Gover said "Sit down"—I did so, and he must then have locked the door, as I found afterwards that it was locked—he then began to vilify me, and told me that I had combined with Greenham, and we might go against him, but we should never get back a quarter of our money—he then told me I could go, and the door was unlocked for me—two or three days afterwards I went to No. 6, and asked Gover for my money—he said he could not give it to me—he offered me the key of the Commercial Road shop, and said that I could live there, and that would save my paying the rent of another house—I did not accept it—in the next few days I saw Golding more than once—he tried to keep me quiet, and said that Gover would pay me by instalments; the first instalmens would be 5l., and I think he said 1l. a month, afterwards—I afterwardas saw Gover at 45, Watney Street; I did not get my money, but he gave my wife 10s. to buy a bonnet, as he called it, and he gave her 5s. another time—I got 4l. back out of the second loan; 4l. 15s. was all I got back out of 30l.—I received a notice calling a meeting of creditors.
Cross-examined by MR. LEVEY. I. was a gentleman's servant before this—the takings in the shop were very small; 1l. a day—the most was Saturday and Sunday, when I took 2l., because the shop was open till 1 o'clock on Sunday mornings—the 10l. loan was to pay Greenham—Gover told me that if be had the money he would pay Greenham Out at once, and send me there, because I did not like living at Cannon Street—my wages were 22s. a week, and I was always paid, except the last week—when my wife was going to the Continent I pretended to Gover that I had not money to pay her passage, and it was then that he paid me the 4l.—Gover never found any fault with me till the night when he vilified me.
Cross-examined by Golding. You told me that you were no partner, but I never believed you—you did all you could to make me buy the business at Battersea for 100l. which was worth nothing at all—you offered me your services to stay with me, and said you were not a partner—I have entered your wages in the books, but not weekly—you told me once that you were only employed by me, and you could only influence Mr. Gover, but I never believed you; I thought it was to make me buy the shop.
SAMUEL GREENHAM . I am a labourer, of 34, Inkerman Road, Kentish Town—on 22nd June I saw an advertisement in the Daily Telegraph—I replied, received an answer, went to 75, Cannon Street Road, and saw Gover, who said that he wanted a man to manage one of his businesses—I said that I did not know the business—he had a pair of slippers in his hand, and said "This is the business"—I said" I think I can manaage it if you will teach me"—he said that I should have to pay him 20l. cash security, which I was to get back if the place did not suit me, or if I did not suit him—he was to pay me 22s. a week—I paid him the 20l., and he gave me this receipt. (Dated July 4, for 20l. to be returned at the end of the engagement.) I went into the premises 8, Mundella Terrace on. 8th
July, and remained one month—I got a letter from Gover, and he came down one Saturday night—I told him I did not think he acted right in coming and telling me that I was to act as shopman as I was to be manager—he pulled off his coat, and asked me to come out and fight him, and said that he would kick me out of the shop—he was coming across the counter, but Mr. Moret and my son and wife stopped him—I said "All I want is my money"—he said that I should get it, and on the 9th Mr. Moret paid me 5l., and afterwards another 5l.—I got a judgment in the County Court, but never got the money—I had a solicitor's letter telling me that he was locked up.
Cross-examined by MR. LEVEY. I did not like to act as shopman under Moret—Moret paid me the 10l.—I took about 6l. a week.
JOHN WILLIAM BAREWELL . I keep the Greyhound, High Street, Camden Town—in June last Gover took two shops of me, Nos. 6 and 8, Mundella Terrace, Wandsworth, at 40l. a year each—a portion of the rent was paid; 40l. is still due.
WILLIAM SMITH . I am an auctioneer, of Walbrook—I have advanced money to Gover on several occasions on bills of sale—he granted this bill of sale (produced) on April 5th, 1881, to secure an advance of 30l. on all the goods at 95, Cannon Street Road and 43, Watney Road, St. George'sin-the-East—that covers the stock-in-trade at both places—here is another bill of sale for 20l. granted by Gover on 12th July, 1881, on the property and stock-in-trade at 8, Mundella Terrace, Battersea, and here is a third bill, dated 10th October, 1881, for 18l. advanced on the stock-in-trade 6, Mundella Terrace—63l. has been paid, and 31l. 6s. 8d. is still due.
Cross-examined. Gover paid all the instalments regularly up to December.
THOMAS HANSON . I am an accountant and financial agent of 13 and 14, King Street, Cheapside—about November 1 Gover asked me to advance him 25l. on a bill of sale on goods at 99, Commercial Road East—I examined the property, and on 10th November he executed this bill of sale for 36l. in favour of a person named Wrynecker—11l. of that was for interest and expenses, and I paid him 25l.—on 13th November I saw Gover—he said that although previously he thought he should be able to surmount his difficulties, he thought he could not, and thought he had better pull up and meet his creditors—I received his instructions to file a petition in liquidation, which was filed on the 14th—I took down this list of creditors, and it was filed—it shows indebtedness on 15th November of over 700l.—Golding applied as a creditor for 104l. 3s. that claim has been reduced to 75l.—I do not know whether there was a clerical error—I may have misunderstood Gover.
CHARLES ANDREWS (Policeman H 312). On 5th Nov. I took Gover on a warrant, in which Winchester's name was mentioned, at 99, Commercial Road—I read it to him—he said "All right; I took the man Winchester into the shop at Battersea while I was down here," and mentioned his partner, Mr. Golding—I said that Golding was in custody—he said "My
manager, I mean; I am sure he would not hurt any one; he is too much the gentleman"—going to the station he said "I admit I have been in trouble once with the police; since that I have tried not to infringe the law"—I found on him 12l. in gold, 6s. 6d. in silver, 1s. 3d. bronze, two memoranda, and a door-key.
MR. LEVEY submitted that there was no evidence to support the Counts for false pretences, a man saying that he teas worth 2,000l. or 3,000l. being merely a bombastic way of saying that he was a man of substance, which had not been negatived. (See Reg, v. Williamson, 11 Cox, p. 328). MR. MATHEWS C ontended that that statement was negatived by the filing of the petition, and that this case was distinguished from Williamson's, as there wan misrepresentation as to the stock, which, instead of being security for the money, did not belong to the prisoners. The RECORDER considered that Gover's statement that he was worth 3,000l. was an exaggeration, but hardly amounted to a false pretence, and left the case to the Jury on the 6th Count only.
Golding's Defence. I did not aid Mr. Gover to obtain any of this money. Three of the men were in his employ before I was engaged. I did not enter his employ till August 13. The first one I knew who paid him was Mr. Winchester, in October. I signed his receipt, only as a witness. The document will speak for itself. I was engaged by Gover as manager, to superintend the working department, as the receipts will show in his writing. The agreement was put in and sworn to by his son Thomas at the police-court. It was for 50l., paid by me partly as security and partly as a loan, to be returned 10l. quarterly, and engaging me at 2l. a week wages. It is dated 13th August, 1881, and is very important to me, because it shows that I am not a partner. I have been pressed to become one, but refused. When I signed I signed my initials for Gover.
GUILTY on the Sixth Count and on the conspiracy Counts. They were further charged with previous convictions, Gover at Middlesex Sessions in March, 1876, and Golding at this Court in May, 1877, to which they
PLEADED GUILTY.— Five Years' Penal Servitude each.
NOT GUILTY .
THIRD COURT.—Friday, February 3rd, 1882.
Before Mr. Common Serjeant.
MR. HOFFMEISTER Prosecuted. DANIEL HARTNETT. I am a pensioner, living at Gilbert's Passage,
Lincoln's Inn-Rose and Callaghan lodged in that house—on Saturday 7th January, I went to Albany Barracks and drew my pension, 2l. 5s. 8d., about 11.30 a.m.—I went to two public-houses, the first about 12 o'clock—Rose and Callaghan were standing near the barracks when I came out—I said "Come over to the public-house, and I will pay the money I owe you"—I owed Rose 1s. and Callaghan 3s.—I went over to the public-house, and paid them there—I ordered a quartern of rum and a quart of beer—I drank the rum and part of the beer—I had had two half-quarterns of rum about 8.30 a. m., and I was drunk—I remember Rose putting his hand in my pocket—I do not know where it was—I had 1l. 19s. 10d. after I had paid for the drink—I lost all recollection—I lost my money—1 came to when the constable had locked me up.
Cross-examined by Rose. You lent me 8d. and I paid you back a shilling—I did not ask you if you saw me intoxicated, to take my money out of my pocket and keep it till you got home—I had been drinking two or three days previous—I was sober when I asked for the halfpence—I cannot tell whether you were violent; I was too drunk—I had my senses before I drank the rum.
Cross-examined by Callaghan. I do not recollect your telling me to buy some clothes—you used no violence that I know of.
By the COURT. I had no purse—I took the 4s. from my left pocket—I have a shilling per day pension, and half of that goes to support my child in Jersey—I have one medal.
ALFRED FRERE . I am a painter, of 29, Little Clarendon Street, Somers Town—on Saturday morning, 7th January, I was in the Crown and Anchor, Albany Street, adjoining the barracks—the prisoners came in with a fourth man, not in custody—about 11.30 I was leaving the bar to go to the back—I heard Rose say, mentioning some name I could not catch, "B—old soldier draws his pension to-day, and we'll have the lot"—when I came from the back and was drinking at the bar with my friends the prosecutor came in—he called for some ale, and Callaghan poured the ale out and called the prosecutor on one side, while Rose took a paper out of his pocket and put the contents into the glass and stirred it up with a crusher—the prosecutor did not stagger, and I took him. to be sober—he drank the contents of the glass which Callaghan gave him—they stood a few minutes, and then they all left the house and went to the Prince George opposite—when I went out about half an hour afterwards I saw a crowd outside the Prince George—I went over and saw a constable with Rose and Callaghan, one in each hand, and another with Bartlett—I had seen the men talking together and laughing with the prosecutor.
WILLIAM BIGG . I live at 5, Cumberland Terrace Regents Park—I am a valet—on Saturday, 7th January, I went into. the Prince George of Cumberland about 12 o'clock—I saw three men and the pensioner drinking together—I saw the man not in custody and Rose knock the pensioner down, and Rose took the money out of his left pocket—that was in the front bar—there were other people in the other bars—there are four or five bars—there were other people in the same cbmpartment—Rose and the other man ran away and dropped two sovereigns and some silver as they left—Rose picked one sovereign up—I followed, and came up with them in Redhill Street in a timber yard about 150 yards from the public-house—they were counting the money—they said "I will
cut your b—throat"—they then ran back towards the public-house, and Rose ran into a constable's arms; the other man got away—when I got back to the public-house Bartlett said" I will do for you"—Callaghan was then in the public-house—I saw Rose pass a sovereign on in the bar—Callaghan put his arm over it.
Cross-examined by Rose. I was standing on the same side of the bar as you were—I saw you knock the pensioner down; he was on his back—I saw you put your hand into his pocket—I did not lay hold of you then, as I might have got a hiding, so I waited for a constable—you dropped the money outside the door.
ANNIE GARDENER . I am barmaid at the Prince George of Cumberland, Albany Street—on 7th January I saw the prosecutor in the bar with four men about 12.30—they had some ale and rum—the prosecutor was sober when he came in, but seemed intoxicated directly after—Rose, and Callaghan got talking about some money, and soon after that Callaghan knocked Rose against the prosecutor, who fell down and Rose on the top of him, and there was a general scramble between the lot of them—Rose put his hand into the prosecutor's left-hand trousers pocket, and Rose and Callaghan ran as hard as they could up the road—Bartlett remained a minute or two, but they all went out and left the prosecutor alone, with the lining of his pocket hanging out of his trousers—when, the constable brought Rose and Callaghan back, Rose took a sovereign out of his pocket, put it on the counter, and put his arm over it—I took it up and gave it to the eonstable.
Cross-examined by Rose. Callaghan fell on the top of you—you both shoved, and all fell down—I served the prosecutor with the ale and rum—he changed a sovereign; I gave him 19s. 3d. change.
Cross-examined by Callaghan. I-did not say at the police-court that you put your elbow over the sovereign; it was Rose.
WALTER BATCHELOR , I live at 78, Albany Street, and am a coffeehousekeeper—on 7th January, about 12 o'clock, as I was crossing Albany Street, I saw Rose running, and the constable running after him for about 100 yards—the constable brought him back to the Prince George of Cumberland—I went into the house—the prosecutor gave Rose in charge for robbing him—Bartlett tried to hustle Rose and Callaghan, and interfere with the constable, who tried to put Bartlett out of the house—the constable said "If you do not go away I will take you in custody"—Rose threw a sovereign to Callaghan and said" Take this and right me"—the barmaid picked it up and gave it to the constable, who sent me for assistance to the station—Rose and Callaghan were taken in custody.
HENRY COPCUTT (Policeman S 216). I was in Albany Street on Saturday morning, about 12.20—Bigg made a communication to me, in consequence of which I went into Redhill Street and saw Rose and another man counting money—I said you are charged with robbing an old soldier"—they said "We have not been robbing an old soldier"—they accompanied me to the Prince George, and the old soldier said "Those two men and Callaghan knocked me down and robbed me"—I said "How much?"—he said "Of my pension, about 2l."—Rose then ran away down Albany Street—I followed him about 200 yards, stopped him, and brought him back to where the prosecutor and the others were—but one man had escaped—Callaghan was detained by a great many pensioners that were
in the compartment—I sent Batchelor to the station for assistance—the barmaid called my attention to Rose placing a sovereign on the counter and Callaghan putting his elbow on it—she picked the sovereign up off the counter and gave it to me—this is it—with the assistance of another constable who came up I took Rose and Callaghan—while I was waiting for the other constable Bartlett several times came between me and my prisoners—he said "Let me have what you have got, it will be all square"—I turned Bartlett out of the house twice, and requested him not to interfere with my prisoners or me—on the way to the station Bartlett came again and interfered with Rose—I shoved Bartlett away, and he fell to the ground—then the prosecutor and Bigg said "Take that man in custody likewise, he is one of the gang that tried to rob"—I gave chase and brought Rose back to the house—the prosecutor seemed to be stupefied, and I took him to the station and charged him with being drunk and incapable—after 4 o'clock he came to himself again—I searched the prisoners, and on Rose I found, in addition to this sovereign, 10s. in silver, 9 1/2 d. in bronze; on Callaghan 6s. 3d. in silver and 10d. in bronze; and on Bartlett 2s.; total, 1l. 19s. 10 1/2 d.
The Prisoners' Statements before the Magistrate. Rose says: "I was in the public-house, and the man asked me to take care of his money. I asked the prosecutor to come home, and he declined to do so. I put my hand into his pocket and took what money he had out, thinking he would follow me home. In taking the money out of his pocket a sovereign dropped on the floor, Callaghan picked it up, I put it on the bar. I can assure you there was no ale called for whatever, only one pot of beer and one quartern of rum. Nothing was put into the glass. The prosecutor himself poured out the liquor and drank it. The man who says the stuff was put into the glass is a false and wicked man, no such thing was done. The prosecutor was only in one house," Callaghan says: "The man owed me a few shillings, and told me last Friday night to meet him in Albany Street. I met him there, and he took me into a public-house and called for a pot of beer and a quartern of rum, and paid me the money he owed me. I tried to persuade him to go and buy some clothes for himself, as he had the money." Bartlett says: "I was in Albany Street and saw a crowd. I went to see what was the matter, and the policeman gave me a shove and took me by the collar, and said 'I see you want to go with them.'"
Rose's Defence. We were not there, and the landlord knows it. The prosecutor asked me to take his money out of his pocket and take care of it. The powder was never in the glass. I ran away because the man who got away picked up a two-shilling piece and I ran after him to get it back. We were innocent of any drugging or of the robbery, and we only took the money off him for his own safety.
BARTLETT— NOT GUILTY .
ROSE— GUILTY .— Eighteen Months' Hard Labour.
CALLAGHAN— GUILTY .— Fifteen Months' Hard Labour.
Before Mr. Justice Denman.
MESSRS. POLAND and CHARLES MATHEWS Prosecuted; MR. J.P. GRAIN Defended.
ELLEN GRINDLAY . I live at 52, Cannon Street Road, St. George'sintheEast—on 16th January I was visiting Mrs. Haynes at No. 1, Waltham Villas, Birkbeck Road, Leyton, next door to the prisoner—about six that evening Mrs. Haynes called my attention to a strong smell of turpentine in the passage—I smelt it—it came from the coal-cellar under the stairs—I went next door to the prisoner's, and knocked several times—I was not answered—I smelt fire, and in consequence of that I went to a house occupied by the prisoner's son, Frederick Hitching, and came back with him to the prisoner's house—I went in first through the kitchen window into the kitchen on the basement—under the kitchen table I saw a boot burning, and a piece of sack—I handed them to Elizabeth Haynes, who was standing outside the window—I did not see any fire in the grate, or anywhere except under the table—before that the prisoner's son broke the kitchen window, and he put out the fire under the table and went away—he came into the kitchen afterwards, and opened the cellar door, and the smoke came pouring out into the passage; we were very nearly choking—at the farther end I saw a sack burning; it was all red, on fire—I said something to the prisoner's son, and then went to fetch the police—the son let me out at the front door—I had seen the prisoner about five that afternoon, in the pathway leading to his house—I next saw him a little after nine coming into his house—besides what I have mentioned, I saw a bottle against the leg of the kitchen table.
Cross-examined. I am not quite certain about the exact time of the fire; it was about six when our attention was first called—it was after six.
ELIZABETH HAYNES . I live at 2, Waltham Villas, next door to the prisoner—I am the wife of Wm. Haynes, a glasscutter and fitter—Miss Grindlay was staying with me on the 16th January—about six or a little before on that evening I smelt turpentine in my coal-cellar—I fix the time because I was going to meet my husband at Stratford Station, and I asked Miss Grindlay the time, and she said twenty minutes to six—my coalcellar backs on to the prisoner's coalcellar—the houses join—I called Miss Grindlay's attention to the smell, and I afterwards went and knocked twice at the prisoner's front door—there was no answer—his son afterwards came—I did not go into the house—I saw a burning sack thrown out of the back kitchen window by the son; he stamped on it and put it out—I have lived in the house about five or six weeks—the prisoner, his wife, and a boy about 14 lived next door; no servant—I had not seen the wife or child that day—I saw the prisoner about five going into his house from the road—I saw him again about nine.
Cross-examined. My husband has never worked for the prisoner—I have been recently married; before that I was servant to Mrs. Potter, at 52, Cannon Street Road—Mr. Potter owns four houses in the road where the fire was—before Friday, 27th January, I did not receive any keys with which I could get into the prisoner's house—I had some keys in my possession; they were my own—it was a small latch-key—I had the landlady's permission to go in—I went in with her on that Friday by means of the key that I had—I saw a Mr. Johnson there, and the prisoner's son—they asked how I had got in—I said I had the landlady's permission—I did not say I had got the key whioh the prisoner's wife
had given to Mrs. Potter—I said she had given it up to Mr. Wasky the house agent—this is the key I went in with—Mrs. Potter said she thought they had no right in there, and we went to see who it was.
Re-examined. This is the key of my house door, which was given to me when I went to the house—this other is the key of the house where my husband lived with his mother—Mrs. Potter is my landlady, and also the prisoner's—she had not got the key of the house given up to her, and she asked if either of my keys would fit—I tried one, and it opened the door, and we went in and found four gentlemen there.
FREDERICK HITCHING . I am a carpenter, and live at No. 1, Westeria Villas, Leytonstone—the prisoner is my father—my house is about three doors from his, 2, Waltham Villas—he lived there with his wife, my stepmother, and a boy of 14—on 16th January I saw my father at half-past 3 in the afternoon—I had seen my stepmother at 10.30a.m.—about a quarter to 7 Miss Grindlay came to my house; in consequence of what she told me I went to Mrs. Potter's, No. 1, where Mrs. Haynes lives—I went into the coal-cellar there—I smelt some sort of spirit—I then went back to my own house—on my way I saw the window-blind of the back kitchen window of my father's house on fire—I returned to No. 1, got over the fence to the back, broke the kitchen window, and put out the tablecloth that was alight on the table, and the window-blind as well—I did that from the ouside; I did not go in—I then went to the Plough and Harrow in search of my father—I did not see him, and I returned, and found Miss Grindlay in the kitchen—I then got into the kitchen—Miss Grindlay called my attention to the coal-cellar in the passage; I opened the door, and saw there something like a sack smouldering, not quite at the back of the cellar—I took it out, and put it out of the window—Miss Grindlay got out of the window, and went for a policeman—-at that time I saw no other fire—the fire was about two feet from the stairs, and they were blackened—I have been into the house several times since—I saw a cupboard in the bedroom on the ground floor; that had been blistered—I saw no other appearance of fire—I saw my father at 9 that night at the Stratford tramway terminus; that is about a mile from his house—he was in a tramcar with my stepmother—I told him there had been a fire at his house; he said "Hold your tongue, you don't mean to say so"—he went a few rods farther, and said "It is a bad job for me"—before that I told him the police were all round the house—we then went on to the house—he rented the house.
Cross-examined. My father is a master builder, and has been for a great many years—he paid 2l. 6s. a mouth for this house—I am insured in the same office, through the same agent, Mr. Wascott, for 100l., and it is about the same sized house—on last Friday, the 27th, I was in my father's house with Mr. Johnson—we went to look at the burnt place—while there Miss Haynes came in with Mrs. Potter's little boy—I asked her how she got in; she said with the keys that had been given up by my stepmother—I was not on friendly terms with my stepmother—I had not been to the house since October.
Re-examined. It was last Friday, after my father had been committed for trial, that I went in with Mr. Johnson to see the state of the house—I got over the back, and got in at the window, not having any keys.
By MR. GRAIN. These two keys are the keys of my father's house—they have never been given up—I received them from my stepmother last Monday.
WILLIAM BODGER (Police Inspector). On 16th January, about 7 p.m., Miss Grindlay came and gave me some information—I at once went to the prisoner's house—I got there a few minutes after 7, before the fireman—I knocked heavily at the front door more than once; I got no answer—I then got over the fence of No. 1 into the back yard, and got through the window—I saw a fire smouldering under the kitchen table—the house was in darkness and full of smoke—I afterwards saw what it was that was burning; it was a mass of carpet and paper and an old shoe—it was a wooden table, and the floor was wood—a portion of the floor was burnt—I opened the cellar door—it was full of smoke—I saw a sack in the cellar on fire hanging on a nail, high up under the stairs, and afterwards saw that two stairs were burnt, not over where the sack was—there was discoloration over where the sack was hanging—the brickwork of the cellar was warm—a portion of the stairs was actually burnt, not merely scorched—there was no communication between the fire in the kitchen and that in the cellar—I opened the parlour door of the same floor, which was used as a bedroom, and I was driven back by the volume of smoke—the firemen afterwards came, buckets of water were thrown on the fire in that room, and it was put out—the fire consisted of a mass of paper and books, partly consumed, and a bandbox, perhaps, I could hardly tell then—a cupboard in the room was partially burnt—that was quite a separate and distinct fire from the other two—I have produced a quantity of the paper and stuff that was burnt in the different places, which I collected off the floors—I afterwards took possession of a bottle—I did not smell it at the time—on the Wednesday I took the prisoner into custody in his own house; Inspector Cudmore was with me—I asked him if he could give any further information respecting the fire; he said "No, I cannot give you, any further information. I am as innocent as a child; the house was safe when I left it at a quarter to 6. I left only a lamp burning, and I went to the Plough and Harrow, and had a glass of ale there with Mr. Britton"—I had seen him on the evening that the fire occurred, and I asked him whether he knew anything about the fire, and he said" No, I know nothing at all about it"—he was taken to the station and charged—I saw a lamp when I was in the house—on the Monday night it was on the kitchen table, not alight; I lit it myself.
JAMES CUDMORE (Police Inspector). I was present with the last witness at a conversation he had with the prisoner on the night of 18th January—the prisoner said he left his home at 5.45 on the night of the 16th—he said" I know nothing about it, there was no fire when I left; I only left the lamp burning"—I took him to the station—on the way he said he knew nothing about it; his wife often left a quantity of old rags and paraffin oil in the coal cellar, but he knew nothing about the fire—the charge was read to him—he said" It is wrong, I am as innocent as a child, I know nothing of it; there Was only a lamp burning when I left"—I have since examined the premises, and found marks of three distinct fires in the back parlour, the kitchen, and the coal cellar.
CHARLES TITNESS . I am an engineer to the fire brigade at Leyton stone—on the evening of 16th, at 7.15, I was called to the fire—I got there about 6.27—Bodger was there in charge of the house—there were three distinct fires, one in the kitchen, one in the cellar, and one
in the parlour—this bottle was handed to me by Tagg, one of the firemen—it smelt of turps; it was quite empty—at 9.30 that evening I saw the prisoner at his own house, in the Kitchen—I asked him if he was insured—he said he did not know, he would go and see, as the agent lived in Canhall Road—I saw him afterwards, as he was coming back from the agent's, and he said he was insured for 100l.—he did not say in what office—he said Mr. Wascott was the person he insured with—I asked him if he could give me any information as to the fire—he said he could not, it was perfectly safe when he left.
Cross-examined. He led me to suppose that he was not sure whether the premium had been kept up.
FREDERICK TULL . I am a builder at Leytonstone—on the evening of 16th January I went to No. 2, Waltham Villas, about 7.15—I went into the back bedroom ground floor—I there saw the floor burning; it appeared to be a bandbox and collars and paper and a book—they were on the floor smouldering when I went in—I went from there into the kitchen—I saw some smoke coming from under the kitchen table; the floor there was burnt—I found this empty bottle under the table; it smelt of turps—it does not now, the cork having been out—I handed it to Tagg.
HERBERT MARTIN . The prisoner is my stepfather—I have been living with him and my mother at 2, Waltham Villas—I slept there on the Sunday night—my mother and father were there, no servant, only us three—I went to my work about 6.45 in the morning; I returned about 2.30—there was no one in the house then—after I had been there some little time the prisoner came in; he stayed a few minutes—he said my mother had gone to Brixton, that he was going to Mr. Gardener's to change a pair of trousers, and he should meet mother there about 7 o'clock—he said he should leave the lamp for me, so that when I came home at night I could wash myself—he said he expected he should be home about 8 o'clock, he should not be later—that was my usual time for coming home—he left before me, about 1.45—I had my dinner in the kitchen and left—there was no fire in the house when I left—I did not return till after the fire had taken place—I last saw my mother when I left at 6.45 in the morning.
Cross-examined. I work at Mr. Dow's in Marylebone Road.
ANN PARTNER . I live at 78, Poplar Walk, Brixton—I am a daughter of the prisoner—on Monday, 16th January, my stepmother came to my sister's, Mrs. Newman's, at 12 o'clock as near as I can tell—she stayed about four hours and then came to my house with me; she stayed with me about an hour and a half and left about 5.30 to go to Loughborough Junction—I went with her—we got there about 6 o'clock or 6.30—she was going to Leytonstone to meet my father—my sister is too ill to come here to-day.
THOMAS BRITTON . I am agent for the Birkbeck Institute—I know the prisoner—on 16th January I saw him at the Plough and Harrow, about 6 o'clock in the evening-he asked me if I was going to London that night—I said "No; will you have a glass of ale?"—he said "Yes"—he had a pair of trousers under his arm, and he said he was going to London to exchange them because they did not fit him—he said he
thought he should meet his wife there—it would not take above two or three minutes to walk from his house to the Plough and Harrow. FREDERICK WASCOTT. I live at Leytonstone—I am agent for the County Fire Office—I know the prisoner—at Michaelmas, 1880, he proposed to insure his furniture—from what he told me I filled up this proposal form—he was insured for 100l.—the renewal premium was paid on 7th October last by his wife—she brought the money to my house.
JAMES GODWIN . I am a brickmaker and builder at Leyton—I have known the prisoner several years and have supplied him with building materials—some few months back he owed me 62l.—he paid me a portion by a throe months' bill, leaving a balance of 27l. 14s. 6d.—he gave me a second bill for that, which became due on 4th January last, and was dishonoured—I had a writ out against him—I met him on the Friday before, 18th January—he said the writ becoming due on the following day what, could he do—I advised him to get the money and discharge it—he said he would see Mr. Johnson, a gentleman he was connected with in financial matters, and get him to settle it—he asked what would be the consequence of its not being attended to—I told him that judgment would be obtained and his goods would be seized.
FREDERICK TAYLOR . I am foreman to Mr. Henson, a plumber and glazier at Leytonstone—about five weeks ago the prisoner called at the shop about some money that he owed Mr. Henson—he said he was going to town, and he expected some money on the job he was doing, and if he could get it we should have 10l.—the amount due was about 20l.—he called again and said he did not get it, but he expected it the next day, Saturday—I have not seen him since.
GUILTY .— Ten Years' Penal Servitude.
Before Mr. Recorder.
MR. MORTEN Prosecuted; MR. GEOHEGAN appeared for Aldous and Nottage, MR. WILLES for Beschino, and MR. M. WILLIAMS for Norman.
SAMUEL KING. I am yard foreman to Messrs. Fardell—on 11th January I superintended the packing of Aldous's van, and gave him an account of what was put in it, 64 sacks of forage, which he had to take to the Victoria DOCKS—a man named West assisted him—I saw him start—I can identify five of the bags. (At the suggestion of MR. GEOHEGAN Aldous and Nottage here stated that they were
GUILTY .) The forage was composed of bruised oats, cut hay, and cut clover—I had cut the hay myself—there was no straw, beans, or peas—this is the same forage.
I saw his van outside the Aberfeldy public-house, Barking Road—the load was not so high as it was when it left the yard, and I made a communication to the dock foreman—I afterwards saw it unloaded, and there were 59 sacks.
JAMES MILLS . I am a foreman at the Victoria Docks—in consequence of a communication from Lorman I waited for Aldous's van—he was an hour and a half late—I asked him for his ticket; he said that he had lost it—he had 59 sacks and one of bran, and I found five empty sacks behind our stable door at the Pier-head, Victoria Docks—he would not pass there before he got to the tidal basin—you have to go up a narrow passage where there is only room for one van to go—his van was unloaded about 10 yards from the stable—I was present when Beschino was arrested at his own place—the detective asked him if he owned all the property about the place; he said that he did, except the horse—the detective said, "Is that yours?" pointing to the forage, which was in a sugar hogshead with some sacks over it—he said, "I was not there when that was left"—I went to Norman's premises on 12th January, and he was arrested by the inspector, who read the charge to him at the station—he said that he knew nothing about it, and Nottage, who was there, said," I was hard up; it is no good denying it; I left three sacks in Collingwood Street, Bethnal Green, and two sacks at Norman's, the farrier's; we received 4s. from Norman"—Norman said," I paid 5s., and it is in my back-yard"—I found two sacks of forage there.
Cross-examined by MR. WILLIAMS. It was in a half-covered shed in two sacks—it was shot out of his sacks into ours—this (produced) is one of the sacks—I identify the provender as similar; it is bruised oats, hay, and clover.
Cross-examined by MR. WILLES. I went with the detective to Beschino's place, and he came down in his shirt—his attention was not drawn to the fact that the provender was in the shed, because it was not seen, it was covered up with sacks.
HENRY JENNINGHILL . On 11th January, early in the morning, I went to Messrs. Fardell's, and saw Aldous come out with his load—he asked me to go with him; I did so—we met Nottage and went to Collingwood Street, and stopped at Beschino's, where Nottage took three sacks of forage in, shot them into a hogshead, and brought back the empty sacks—I did not see Beschino till he was closing the gates about three minutes afterwards—I picked him out from a number of men at the police-station—we went on to Norman's, and left two sacks of forage there—the van stopped outside, and I saw Norman before it left—when we got to Victoria Dock, Aldous took the empty sacks into the stable, where they were afterwards found behind the door.
WILLIAM WALLER (Detective Sergeant K). I took Beschino and told him the charge—he said," I know nothing about it; I went out at 9 o'clock; it must have been left when I was out"—I had told him that it was left at 8.30—I said, "Does everything on the premises belong to you?"—he said," Yes, excepting the horse"—I said," Can you give me any account of this forage?" pointing to a sugar hogshead in the stable—he said," No, I was out when it was left."
CHARLES EDWIN FARDELL . I am the prosecutor—this, forage found at Beschino's and Norman's is similar to mine—it is worth about 9s. a sack; these five sacks are worth 45s.—we allow more corn than any firm in London.
NORMAN and BESCHINO received good characters.
— GUILTY .— Six Months' Hard Labour each. ALDOUS and NOTTAGE— Six Months Hard Labour each.
Before Mr. Common Serjeant.
MR. CROOME Prosecuted; MR. GEOHEGAN Defended. AGATHA SIMPSON. I live at 16, Acton Road, Lee—on 5th March I went from Blackheath Railway Station to Charing Cross between 10 and 11 a.m., and returned between 4 and 5 p.m.—I was wearing a watch on a swivel in a chain in my watch-pocket—I looked at my watch to see if I was in time for the train before I started in the morning—I missed it when I got home—this is it—its value is 8l.—I wrote a letter to the station-master at Cannon Street—I next saw it in the hands of the police on 4th January—I have no doubt this is my watch.
Cross-examined. There is no particular mark on it—I did not wish to prosecute.
HENRY GREENWOOD . I was yard foreman at the Blackheath Railway Station last March, and have been so about five or six years—I was On the platform with the prisoner on 4th March between 5 and 6 p.m.—I saw him pick up a watch on the end of the platform of the down line, a few inches from the rail, and between the rails and the platform—he said something about a reward—I cannot recollect what it was—about a week afterwards he put a sovereign in my hand, and said "That is for you"—I think he said something about the watch—we all have two books of rules.
Cross-examined. There is a lost property office at Blackheath Railway Station—to the best of my recollection he said there might be a reward—I had nothing to do with his duties; he was a signalman—the inspector is my foreman—I did not tell him about it—I thought the sovereign was part of the reward, and the watch had been handed over to the right party—I ought to have reported taking the sovereign—the prisoner has been at Blackheath six or seven years—I never heard anything against him—he has been discharged in consequence of this-charge—he would be eight hours in the signalbox, and three on the platform—he was only on the platform in the evening.
Re-examined. His duty was to take lost property to the inspector or station-master on duty.
EDWARD DUNCAN CHAPMAN I have been station-master at Blackheath Railway Station 31 years—the prisoner has been signalman 51/2 years—this is the book of rules, (produced)—rule 552 provides that all unclaimed articles or found property shall in the first instance be taken charge of by the station-master, and sent to London by the first train—this is not
the book the prisoner had, but his book would contain the same rule—the watch was never brought to me.
Cross-examined. I could not swear that the words relating to lost property are the same in the prisoner's book—I could speak to the prisoner when he was on duty—I gave him directions—I should not mention about a watch being lost—no notice of the loss was circulated amongst the employe's—I knew nothing about it till 4th January—an inquiry came to Blackheath Station on 22nd March—the clerk would receive that inquiry. (Another booh of rules was produced.) This would be the book the prisoner would have to guide him—I do not see the rule in it—I cannot find it—every servant knew that lost property ought to be given up—the prisoner has always borne an excellent character.
Re-examined. It is the duty of every servant to take anything he may find, to the lost property office—it was not necessary to circulate the losses.
WILLIAM COYLE . I am chief clerk of the lost property office at Cannon Street Station on the South-Eastern Railway—I received this letter at the lost property office on 8th March, 1881—this document was sent to Blackheath Railway Station. (The letter was an inquiry about the watch, and the document an inquiry form.) The document was received back, signed, on 20th March.
THOMAS FRANCIS (Police Sergeant R). I received information, in consequence of which I met the prisoner on 4th January in Deptford Broadway about 11.30 a.m.—I said to him "I have received information that you and another man picked up a watch at Blackheath Station some months since;" he said "I do not know anything about the watch, I have not picked up any watch"—I said "I was told that you gave the other man a pound;" he said" I have not picked up any watch"—I said "It is no use for you to deny it, I will see the other people about it;" he said" Well, I did give the other man a pound, and I have the watch at home"—I accompanied him to 17, Walpole Street, New Cross, where he resides—he called his wife, and told her we had come about that watch—she brought it into the front room, where I was, and handed it to me—this is the watch (produced).
NOT GUILTY .
Before Mr. Justice Denman.
271. CATHERINE TUBBS (21) was indicted for, and charged on the Coroner's Inquisition with, the manslaughter of Michael Thomas Tubbs, her illegitimate child, by neglecting to supply it with proper food and nourishment.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. BESLEY
Defended, at the request of the COURT.
GUILTY .— Nine Months' Hard Labour. The details of this case were unfit for publication.
Before Mr. Recorder.
272. CHARLES HILTON (30) PLEADED GUILTY to feloniously attempting to commit a burglary in the dwelling-house of Charles Augustus Murton, being armed with a revolver and other offensive weapons, having been before convicted of felony at this Court. Several other convictions were proved against him.—Ten Years' Penal Servitude.
273. JOHN LUNTLEY (61) , Unlawfully inciting William Newton and Thomas Donohoo to steal a proof sheet of the half-yearly report of the London, Brighton, and South Coast Railway Company, the property of their masters.
MESSRS. POLAND and MOSELEY Prosecuted; MR. GOODMAN Defended.
WILLIAM NEWTON . I am a compositor in the employ of Letts, Son, and Co. (Limited), of New Cross—I have known the prisoner about four years as a compositor—he worked in the same room with me at Messrs. Letts's—he left about two or three years ago—he was proof-puller—on Sunday morning, 8th January, he called at my house, 56, Brockelhurst Street, Hatcham Park—after some conversation he asked me if I would furnish him with the Brighton Railway half-yearly report that was just coming out; I said I would not—he said "If you will I will give you half of what I make, I am going to buy some shares;" I said I would not do it—he stayed a little while, and asked me to his house, but I would not go—I asked him why he did not go to Mr. Hyatt and ask him for it; he said he knew I was proofpuller, and had a better chance of getting one, which I should have—that was all that passed.
Cross-examined. Twelve of these proof sheets were ordered for the Brighton Company—the custom is to pull two more, one for the overseer's box to charge the job on, and the compositor as a rule gets one to charge the job on; there might be more—if so inclined, I might hare furnished the prisoner with it on a common piece of paper—these proofs are taken by a handpress one at a time—he did not say he would send me back the report by post—he asked me to send him a portion of it by letter—he said he did not want the whole proof, what he wanted was to know what the working expenses of the company were for the half-year—he said he wanted it for himself and a friend—he said if I would only take the figures off that would do; I said 1 did not know what figures he wanted—I had not got the report at the time; it came down on the Tuesday—the piece of paper itself would be valueless without the matter on it—I don't know anything against his honesty.
Re-examined. He was dismissed—I spoke to Mr. Hyde, who is in the employment, about this on the Monday.
THOMAS DONOHOO . I live at 53, Amersham Road, Amersham Vale, New Cross, and am a compositor in the service of Messrs. Letts—I knew the prisoner when he was in their service, and worked in the same room with him—he left two or three years ago—it was my duty to set up the type of the Brighton report—on Monday morning, 9th January, when I went home, I received this letter from the prisoner: "Dear Sir,—I shall be very glad to see you if you can make it convenient; let me know where we can meet. I shall be at the side entrance of the tavern opposite the North Kent Railway, Amersham Road, at 7.30 on Monday evening, or anywhere else, if you can oblige me with a line"—that enclosed a stamped envelope addressed to himself—I did not send any answer—I showed the letter to my employers—I had heard something from Newton in the morning—acting upon my employers' instructions, I went to the place mentioned about 7.10—the prisoner was there, in the private bar—I did not see him at first till he pulled my coat—I then told him I had received his letter—he said "I will tell you what I wanted you for; I want you to get me a Brighton half-yearly report"—I hesitated—I said "It would be very risky for me
to take a copy out of the office before it was published"—he said "It would benefit a friend of mine, and also me, and of course it will benefit you; I will give you half what we make. It may not be of any use at all, but in any event I will give you 1l."—I said" Oh, that will be no use, you might make a lot of money out of it and put me off with a pound"—he said "Oh, no, you can soon see if anything is made out of it by watching the papers"—I said" I don't understand these things very much"—he said "If the stock rises 1 per cent., that will be 10l. on the thousand; and if 2 per cent., 20l. in the thousand"—I said "That will be something better, supposing we make it half 10l."—he agreed to that—I said "I don't wish you to think I doubt you, but I should like some Sort of agreement; you might still put me off with the pound"—he said "Oh, I could not give you an I O U"—I said" No, I should not think you would give me a paper I could act on without giving you anything"—he said" What is your number?"—I took out a scrap of paper to give him my number, and he said "That will do, I will write it" here"—he took the paper from me and wrote this on it in my presence:" In consideration of your furnishing me proof of the Brighton report, I undertake to give you 5l. if the stock rises 1 per cent, and 10l. if it rises 2 per cent. J. Luntley. "I took that and put it in my pocket—he arranged to meet me next day in my dinner hour, and I agreed to get him the proof soon after 1 o'clock, if it had come down from the Office—I met him on the Tuesday and said" The report has not come down yet, we expect it this afternoon; I can come out at 5 o'clock, my tea time, if necessary"—he said "That will be too late for transacting' business in the City, for that will be closing time"—I said" It is just possible, if it does come down, as it may be wanted shortly. we shall have to work late, and if so, we are bound to work till 10o'clock, "and it was arranged, if possible, to meet him at 7 o'clock, and if not, as soon after 10 o'clock as I could—I did not keep that appointment—on the Wednesday morning I left home to go to work at 7.40, and I saw the prisoner a short distance from my house, apparently waiting for me—I kept walking along and came up to him, and he turned round and said" You are just the man I wanted to see; I waited for you till past 11 o'clock last night, and you did not come"—I said" No, I had other business," in fact, I wished to avoid him—he said" Have you got the report?"—I said" No"—I hurried on—he still followed me up and came up and said" I think we had better stop this, we had better turn this up"—I said "I think you had"—I still kept on, and he called after me" Mr. Donohoo, Mr. Donohoo, will you return me that that memorandum by post?"—I returned no answer; I went on to my employers and reported what had occurred to them—the proof did in fact come down on the Tuesday afternoon, it was given into, my hands to get forward, with other assistance—if I had been willing I could have furnished the prisoner with what he wanted by 7 o'clock on Tuesday evening—it was all out of my hands by 6.30—so far as I know the figures were in at that time.
Cross-examined. I arranged this with the detective in order to trap the prisoner—I had not the slightest intention of giving him the report—I never had any quarrel with him—he was an honest man so far as I knew—he took the chair at our suppers—it did not occur to me to say to him," My good fellow, somebody is trying to lead you into danger; you know
it is wrong"—I heard that he Was on the Kentish Mercury at 30s. a week—he said he wanted the information for a friend, to show what the working expenses of the company were—I could no doubt have given him the information without taking a farthing's worth of Messrs. Letts's paper; he did not want the paper, he wanted the figures.
JOHN POTTER (Police Sergeant). I received instructions concerning this. case, and attended at the public-house on the evening of 9th January about a quarter past 7—I saw the witness and the prisoner at a little table in conversation—I heard the prisoner say,"I want you to get me a copy of the half-yearly Brighton report"—Donohoo seemed to hesitate for a minute or two and said, "It is rather a risky thing to do"—the prisoner said, "It would benefit a friend of mine and likewise myself, and I will give you something"—Donohoo asked him what the something would be—he then said something about 20 and a thousand, I could not exactly catch the words, there was a good deal of talking in the bar at the time—Donohoo said something about an agreement, and took a piece of paper out of his pocket and gave it to the prisoner, who laid it on the table and wrote something in pencil; he handed it back to Donohoo, who put it in his pocket—I then left the public-house, knowing that there was an appointment next night at 7 o'clock—I went there, and saw the prisoner in the bar reading a newspaper—he stopped there till about 20 minutes past, then went across to the. railway and went to Lady well by the 7.24 train—I afterwards saw him about 5 minutes past 10 in and out of the public-house till about 10 minutes past 11—he then went to Ladywell by the 11.17 train—next day I received a warrant and went to his house about 6.30—he answered the door; I told him I was an officer, and held a warrant for his apprehension, if he would show me a light I would read it to him—he asked me into the front room, and I read the warrant to him—he made no reply; he asked if he could have bail—I said not that night—I took him before the Magistrate.
Cross-examined. He has a Wife and child—he was locked up all night—he was taken before Mr. Marsham on the Thursday morning—Mr. Marsham said, "As I am a shareholder in the Brighton Railway Company I had better not try this case; I shall get my colleague to try it"—in consequence of that the prisoner was kept in gaol till the following Tuesday; he has been in prison six days and nights.
WILLIAM IVORY . I am foreman in the compositors' department of Letts and Sons, Limited, and have been so six or seven years—the prisoner left on 1st August, 1879—Newton would be the proofpuller, Donohoo would set up the type, and if Newton was absent he would pull the proof—the custom is to print the longprimer with the figures in blank, and send it to the company's office—14 would have to be pulled; 12 would be sent to the company, the Other two we keep—further corrections came in on the Tuesday afternoon; they would be done between 3 and 5 o'clock—I don't think the figures were all complete then in this instance—they were printed on the Friday for the shareholders—the last set of proofs went out on Friday morning—these reports are printed on the paper of the company—the workmen have no authority to take any of the printed paper off the premises; it is against the rules; it belongs to Letts and Son—these matters are purposely kept secret until they are made public; we try as far as we can to keep them secret—the value of the three sheets of the paper is under 2d.
Cross-examined. I don't know who is carrying on this prosecution; I was ordered to come here under subpoena; I don't know that the Brighton Railway Company are prosecuting—I am at the works at New Cross—I believe the figures were not in the expenditure—the prisoner would have been none the wiser if the figures were not in—the prisoner was in the employ before me—I don't know under what circumstances he left in 1879.
MR. GOODMAN submitted that there was no case to go to the Jury. All the prisoner wanted was to obtain certain information; that he had no intention to incite the witnesses to steal the paper, and if he had obtained it without the figures being in it, it would have been worthless. In support of his objection he referred to The Queen v. Guernsey, 1 Foster and Finlaison, p. 394, and The Queen v. Dombrowski and others, Sessions Paper, vol. p. MR. POLAND contended that there was abundant evidence to go to the Jury; the prisoner was endeavouring to procure a proof of the report, that being a chattel, however minute in value. See The Queen v. Watts. The RECORDER could not withdraw the case from the Jury. No doubt the prisoner wanted the information which was contained in the chattel, but it did not therefore follow that he did not incite to the commission of a larceny of that chattel.
GUILTY. Strongly recommended to mercy by the Jury. — To enter into his own recognisance in 50l. to appear for judgment if called upon.
Before Mr. Recorder.
Before Robert Malcolm Kerr, Esq.
MR. CROOME Prosecuted.
HENRY ALFRED CURTIS . I live at Victoria Buildings, Battersea Park Road, at No. 9, occupied by a coachman—on 9th January the occupant was away and the dwelling was in my charge—I saw it safely closed about 11 p.m.—I had seen the prisoner between 7 and 8 p. m., close to 95—1 knew him before—on the 10th I went between 7 and 8 o'clock into the house—I found a pane out of the windowsash and a stone pushed between the door and the frame—I communicated with the police.
JOSEPH ROGERS . I am a carman, and live at 79, Victoria Buildings, Battersea Park Road—I was in bed about 1.30 a.m. on the 10th January, I heard a noise and got up—I saw a man trying to force the window of the laundry—I opened the door—I saw him come from behind a pillarhe rushed by me and up the steps into the building—it was the prisoner—I had not known him before.
WILLIAM HATTON . I live at 110, Victoria Dwellings—I am a cabdriver—on 10th January I got home about 2 a.m.—I heard a scuffle at the entrance of the buildings—I saw two men, the prisoner is one—I did not know him before.
of this attempted burglary on the 10th—I went to the house—I found small marks on the door of No. 95—1 also found this stone between the doorpost and the door—I arrested the prisoner—he was brought to the Battersea Policestation about 5.30 p.m. on the 11th—I searched him—I found this knife on him—I told him he would be charged with burglariously attempting to enter the dwelling-house No. 95, also the laundry—he made no reply—I took the knife to No. 95 and compared it to the marks on the door and on the plaster—they correspond with the blade; also with the marks on the laundry window.
The Prisoner's Defence. I tried to get into the laundry to sleep.
He also PLEADED GUILTY to a conviction of felony in January, 1881, at Clerkenwell.— Judgment respited.
MR. CROOME Prosecuted.
WILLIAM PALMER . I live at 24, Ottaway Road, Lower Clapton, and am a greengrocer—on the 22nd December I bought a horse for 11l.—I turned it out on Hackney Downs about 3 p.m.—I saw the prisoner on the downs when I turned it out—I missed it about 8 p.m.—I next saw it on the 8th January.
JOHN BAXTER . I am a horsedealer, of 1, Seven Sisters Road, Holloway—on 4th January I was at Aldridge's, in St. Martin's Lane—a man brought the prisoner to me and said he had a pony for sale, that he was in a little bit of trouble, and was a builder—I went to Lambeth and saw the pony—he asked 5l. for it—I said it was too cheap, and I should go to the station—I sent for the police, and Goddard came and took the prisoner into custody.
Cross-examined by the Prisoner. Ponies fetch less when the snow is on the ground.
WILLIAM GODDARD (Policeman). I was called to Mr. Wilson's stables in Carlisle Street, Lambeth, about 10.40 on 4th January—I saw Baxter—he said the prisoner had offered him a pony for 5l. and it was worth 10l., but he should not buy it unless the prisoner went to the station—I asked the prisoner how he came possessed of the pony—he said he bought it in Barbican for 4l., of a milkman, who lived in Camden Town, that the brokers were in the house, that he brought it there because they should not have it—I told him I should take him to the station and make inquiries—at the station he said it was no use my going to the address he had given me, but he lived in Prince's Court—I went there and found the address correct.
The Prisoner's Statement before the Magistrate. "I have nothing to say now, I will call witnesses at the trial."
The prisoner put in a long written statement to the effect that he bought the pony of a man at Aldridge's for 4l., that the man would not give him a receipt, and finding the pony was a kicker, he tried to sell it.
GUILTY .— Eighteen Months' Hard Labour.
277. HENRY JAMES (20), HENRY APPLETON (28), and EDWARD LEGUIRE (20) , Feloniously breaking and entering the warehouse of David McGregor Drysdale, and stealing therein 12 shirts and other goods, and 4s. 2d. Second Count, receiving the same.
DAVID MCGREGOR DRYSDALE . I am a shirt manufacturer of 126, Walworth Road, and trade as Drysdale Brothers—about 8.10 p. m. on 13th December, I left my premises fastened up and the front door padlocked—no one lives there—the next morning I arrived at 8.15—I unlocked the padlock, but found the door was fastened inside—I went round to the side door and found it open, with marks on the outside—it could not be forced from the outside—I went in and found the place in great confusion—the desk and drawers broken open and property strewn about the place—a swing window was forced out and twenty pounds' worth of property missing—I found a dirty shirt, a pair of braces, and an old pair of gloves in the office—I handed them to the police—in the gutter at the stable in the back of the premises I found a jemmy wrapped in a silk handkerchief—I found another jemmy inside the premises—I handed them to Inspector Hunt—I have identified the property produced by the police as mine—I also missed five shillings' worth of postage stamps, three shillings' worth of coppers, and some silver rings—the shirt which was found on Leguire was one of my special patterns—it has my private mark on it.
Cross-examined by MR. KEITH FRITH. This French cambric produced is our special pattern, printed specially for us—we have not sold any shirts of that particular pattern—I could not swear that no cloth is made of that particular pattern, but the shirts were made for us—my private mark is stamped in indelible ink "S 154 141/2. "
DANIEL HUNT (Police Inspector). On 14th December I went to Messrs, Drysdale's and saw an attempt had been made to force the side door—I found marks on the door and marks on the staple, which is seven or eight feet from the ground—the watercloset window could be reached by standing on the roof—the safe keyhole had been enlarged by an instrument—these jemmys were handed to me by Drysdale—the taps were found at James's lodgings by other officers—there were masks of the taps inside the keyhole of the safe.
Crots-examined. The taps are used by engineers for cutting the threads for screws.
MARY WILKINSON . I am the wife of William Wilkinson, of 109, Wyndham Road, Camberwell—he is a gunsmith—the prisoner James rented the top front room since March last—Leguire was James's friend—he used to come and see James about 10 or 11 p.m.—they used to go out together—James had a latch-key and sometimes stayed out all night—I remember the police coming—I showed them his room; they found this rug on his bed—I remember his staying out one night a fortnight before that, and his coming in between 7 and 8 o'clock in the morning, bringing this rug with him.
Gross-examined by MR. HEWICK. He was very respectable; there was nothing in his conduct different from others.
Cross-examined by MR. FRITH. I have known him all his life—I did his washing—I have not seen the shirt found at Drysdale's. Re-examined. I am his aunt.
paper—Appleton was a porter at the station and a friend of James—Appleton came at 7 o'clock that morning.
JEREMIAH SMITH . I am a ticket collector at the Camberwell New Road Station—I have seen the three prisoners at the station on four or five different occasions—Appleton was a porter at the station—on Wednesday, 14th December, I went to the door of the porter's room about 8.10 a. m.—I saw James and Appleton bring two parcels, one wrapped in brown paper and the other in American cloth—James put one of the parcels into the cloakroom—he left the station about 8.30 a.m.—he had a rug and a stick or umbrella in his hand—the rug was the same sort of rug as that produced—Appleton went off duty about 2 p.m.—I saw him go into the cloakroom, and when he came out he had a brownpaper parcel similar to the one I saw James take to the cloakroom.
Cross-examined by MR. FRITH. I said before the Magistrate I did not see Leguire there on that day—also "I never saw anything to suspect about your being there," meaning Leguire.
GEORGE HUBBARD . I am station master at Camberwell New Road Station—on 14th December Appleton came to my office between 11 and 12 o'clock—he showed me five or six flannel shirts—he said he bought them and had them to sell—he asked me if they were of any use to me—I said "No," but I afterwards gave him 5s. 3d. for them—I afterwards gave them up to Inspector Barnes and they were identified.
Cross-examined by Appleton. You brought them to me as they would suit my two little boys—I bought two first—I bought two afterwards—you did not tell me James had left them.
GEORGE FERRIS (Policeman), I arrested Leguire—I found on him the shirt produced—I went to 48, Brixton Road, Mr. Sydney's house—I found 16 pawntickets in a pocketbook; one ticket relates to two shirts pawned at Clark's, 55, Long Acre, on 17th December—I found an odd glove—I found another odd glove to match at 48, Brixton Road—I also found in the cheffonier a quantity of gloves which have since been identified by Mr. Drysdale.
Cross-examined by MR. FRITH. Leguire did not say there was some mistake.
Re-examined. When I took Leguire into custody I found on him a brace for a bit, a carpenter's tool.
WILLIAM MELVILLE (Policeman). On the afternoon of 23rd December I went with Inspector Barnes to 109, Wyndham Road—Mrs. Wilkinson showed me the front room, which had been inhabited by James—on the bed I found this rug, which has been identified by Drysdale as part of the proceeds of the burglary—I found in a chest of drawers two silk scaris, seven new cambric handkerchiefs, four silver scarfrings,a canvas bag, and at 48, Brixton Road, in a wardrobe drawer in a bedroom, two white shirts, two flannel shirts, 12 red vests, lined with chamois, One pair of braces, two silk handkerchiefs, six scarfs, and two pairs of gloves, which were identified by the prosecutor—I also found at Wyndham Road three knives, 2s. 5d. in bronze, and 5s. worth of postage stamps.
THOMAS BARNES (Police Inspector). I arrested Appleton at the Camberwell Road Railway Station—he lived at 8, Dane's Road—I went with him—he showed me a box—in it I found four coloured flannel shirts, one white flannel shirt, one red cotton shirt, and two silk scarfs, which have been identified by Drysdale—I asked him if he had any pawntickets—he handed over to me 15; eight of them relate to pipes traced to be the property of Augusta Ricketts, of Railway Approach, Clapham Road—her premises had been broken open—Appleton said he had had them three days, and that James gave them to him—I went with Melville to 48, Brixton Road—I found a quantity of kid gloves, four pairs of boots, some of which are produced here—they were identified by the Bon Marché, Brixton, as the proceeds of the burglary there.
WILLIAM FREDERICK SYDNEY . I live at 48, Brixton Road—James hired a front top room and a back room on the ground floor of me—he also had the right of using the kitchen—he entered into possession on 21st October, but never slept there—he used to come in the evening repeatedly about 7 o'clock, and went out between 7 and 11—when the police came I showed them the rooms he occupied, and they took possession of the property which they said was stolen—I saw Appleton there on several days—James introduced him—James said he should not occupy the place as he was going to be married.
Cross-examined by MR. HEWICK. I had no references—he said the marriage was postponed—the rooms were very well furnished as a bed and sittingroom, just the sort of thing for a man about to be married.
Cross-examined by Appleton. You were employed by me to whitewash and paper the house, and I never missed anything—you were there for a month on and off.
WILLIAM PARR . I am a buyer at the Bon Marché, Brixton, kept by James Smith and others—on Monday, 19th December, I found the premises had been broken open and a quantity of boots stolen—the boots found at James's I identified as part of the stolen property.
AUGUSTA RICKETTS . I live at the Railway Approach in the Clapham Road—my premises were broken open between the 23rd and 24th November—I missed a quantity of pipes, which I have since identified as my property.
Appleton read a long written defence to the effect that several porters bought things, that he gave the detective a true and just account, and did not know the things were stolen, that he had eight years' good character, and had been two years on the line. He also received a good character.
Witness for Appleton.
APPLETON and LEGUIRE— NOT GUILTY . JAMES— GUILTY .
He also PLEADED GUILTY to a conviction of felony in April, 1879.— Seven Years' Penal Servitude.
Before Mr. Recorder.
Smith and others are the proprietors—on Monday morning, 19th December, I found a showcase, which was built out from the main building, broken open—it has a door from the street which was secured by a shutter and a lock; it was broken open from the roof sufficient to admit a man—I missed about 20 pairs of boots, value about 12l.—it had been done that morning, because there were no signs of wet, though it rained heavily—I saw it safe on the Saturday between 6 and 7 o'clock—I have since recognised the boots.
WILLIAM MELVILLE (Detective W). On 22nd December, about 9 p. m., I went with Barnes ana Ferris to the Denmark public-house, Camberwell, and saw James and Leguire in the parlour together—I called them out, and said to James "I am a police officer, and shall take you in custody for stealing a number of boots from the Bon Marché on Saturday or Sunday night last, and also for breaking into a warehouse in Walworth Road about nine days ago"—he said "I don't know what you mean"—I took him to the station, searched him, and found on his feet a pair of boots which have since been identified as part of the stolen property—I also found three shillings, 13 pence, two new knives, a woollen muffler, two pairs of new gloves, and a watch guard—I charged him; he made no reply—we then went to 48, Brixton Road, where the landlady showed us James's room, where I found two more pairs of boots which are also identified, a rug which had been stolen from Walworth Road, some chamois leather vests, shirts, and other articles—Leguire refused both his name and address—we did not know his name for a fortnight—I went to Appleton's address, 3, Dane's Road—he is a porter at the London, Chatham, and Dover Station, Commercial Road—I found a quantity of property there, the proceeds of the Walworth Road burglary, and this pair of boots (produced).
Cross-examined by MR. FRITH. Nothing was found on Leguire but a pawnticket.
GEORGE FERRIS (Policeman W). I was present when James was arrested, and took Leguire—I said "You have heard the charge against James?"—he said" Yes, I know nothing about it; you have made a mistake this time, old boy"—I took him to the station, and found on him a pawnticket relating to a pair of boots which Mr. Smith identifies, also a purse containing a sixpence, twopence, a coin, and a glove, which has been identified as part of the proceeds of the burglary at Walworth, as was also the hat he wore—I also found a brace for a centre bit—I asked where he bought the hat and the tie he was wearing—he said "At Hope's"—I found at 48, Brixton Road several files, two black bags, one containing two pieces of a centre bit, some revolver cartridges, two pairs of boots, identified by Mr. Parr, a pocketbook containing 16 pawntickets, three of which relate to boots identified by Mr. Parr, and a jemmy.
Cross-examined by MR. FRITH. The tie was not identified—he was acquitted yesterday of stealing the shirts, but James was convicted—it was proved yesterday that James had sold a number of stolen things to different people; to the stationmaster for one—I did not hear Appleton say that he had bought these things from James—I do not know that the stationmaster at Camberwell New Road and one or two of the porters bought portions of the property, and have not been prosecuted—I examined Leguire's shoes; they were not identified—they were very old—I cannot produce any one who can say that he pawned the boots—he may
have bought the duplicate from the thief—I found nothing else on him connected with the Bon Marché case.
THOMAS BARNES (Police Inspector W). After James and Leguire were given in custody I went to Camberwell New Road Station and saw Appleton—I said "I am a police officer; it has come to my knowledge that you have been selling boots and shoes the proceeds of two robberies"—he said "I have not seen any, neither have I had any"—I said "Have you any pawntickets about you?"—he said" Yes," and pulled out 15 (produced)—eight of them relate to meershaum pipes and the others to wearing apparel and rings—I said" How do you account for these?"—he said" I have only had them three days; I got them from James; I may as well tell the truth; I have sold them to a person who goes into the City of a morning; I don't know his name or where he lives"—I went with him to Dane's Road, and he produced some silk scarves and table knives, and said" I had all these things from James except the knives, I do not know where I got them"—afterwards he said "Oh yes, I remember having those knives from James"—they are identified with the burglary in Walworth Road—I told him he would be charged with stealing the boots from the Bon Marché—he said that he was very sorry for having got mixed up with them—I traced the persons to whom he had sold the boots.
Cross-examined by Appleton. You asked me to come to your house, and you gave me an account of everything.
EDWARD BRACHER . I am potman at Denmark Tavern, Camberwell—on 20th December I had these gloves and boots from Appleton—he told me a friend of his brought the boots to him as they did not fit him—I was to buy them for 8s. 6d. if they fitted me—I wore them once; they were identified as stolen from the Bon Marché, and the gloves from another place.
Cross-examined by Appleton. I engaged you to paper and whitewash my house—that lasted over a month—you were paid by me and James—I say you once before you were engaged—I left you in charge and never missed anything.
WILLIAM HENRY CARTER . I am inspector at Camberwell New Road Station—Appleton was a porter there; I have seen him and James together—on 19th December, between 4 and 5 a. m., I went to the station and saw James in the porters' room washing; he had his coat off—Appleton had access to that room, but he was not on duty till 2 p. m.—I saw two brownpaper parcels and a black bag on the sideboard—I passed the room again about 7 o'clock, and saw Leguire sitting in front of the fire with James—I had frequently seen him there before—I passed again about 7.30, and found the room empty and no black bag there.
Cross-examined by MR. FRITH. I have heard that James is a general dealer—it is not unfrequent to sea two or three people talking in the porters' room—it was not 8 o'clook because it was not daylight.
DAVID DRYSDALE . I am a shirt manufacturer of 126, Walworth Road—on 13th December my premises were broken open and some shirts and other property stolen—I identified the shirt found on Leguire as mine, and a glove found on him as the fellow to one found in the Brixton Road—I also identified a quantity of property at the pawn-brokers'.
Cross-examined by MR. FRITH. I swore it was mine, but the Jury acquitted him.
Cross-examined. I am Leguire's aunt.
Appleton's Defence. I am utterly innocent of everything. If I am convicted it will be my ruin, if not I can resume my duties, and will never buy anything except in a shop—I told the inspector everything I knew, and asked him to come to my house. I have ten years' good character. I was tried yesterday and acquitted.
JAMES— GUILTY .
APPLETON and LEGUIRE—
NOT GUILTY .
MR. MONTAGU WILLIAMS offered no evidence against.
JAMES and LEGUIRE.— NOT GUILTY .
AUGUSTA RICKETTS . I am a tobacconist, of 5, Railway Approach, Clapham Road—on 24th November I left my premises securely fastened at night—next morning I found the side door broken open and missed 25 pipes, value 8l., which I had bought of Oppenheim, of Watling Street—those are them (produced).
Appleton's Defence. James was sorting tickets of the pipes in the porters' room, and asked me if I should like to buy them; he said they were secondhand, and said "Here are four tickets, you can go and have a look at them. "I afterwards went into the room, and saw four tickets under a newspaper; I put them in my pocket, and when I was taken I told the inspector where I got them. The other tickets relate to my own private property. I kept them till next night to see whether he came for them.
APPLETON— NOT GUILTY .
MESSRS. FULTON and TICKELL Prosecuted; MESSRS. M. WILLIAMS and J.P. GRAIN Defended. ERNEST ROSENTHAL. I am in partnership with Henry Rosenthal and others in the Borough as hop merchants—I carried on business many years in Bavaria—I was introduced to the prisoner a few weeks before 1st July—I did business with him, and these (produced) are two of his acceptances which I hold. (For 93l. 18s. 8d. and 98l. 17s. 4d.)—my partner and I made this agreement with him, dated July 1st, and signed by him—he was always to deliver the money to me, or if it was cash to pay it to the London and Westminster Bank, Southwark branch—he had no authority to endorse our cheques. (The agreement was dated 1st July, 1881, between Messrs. Rosenthal, of the Kingdom of Bavaria, and Alfred Rule Turnbull, of Manchester, by which Turnbull was to purchase hops for the firm, undertaking not to do any business on his own account, the English branch to be carried on as Rosenthal and Co. until Turnbull became a partner, Turnbull to have half of the profits up to 1,000l., and onethird beyond that sum, with liberty to draw 10l. every Saturday: the agreement to stand for three years, and Turnbull to become a partner after one year if he then desired it.) He always let me have the cheques, and I endorsed them and paid them in myself—on 20th July I delivered to the Cooperative Society at Manchester 12 pockets of leather value 117l. 2s. 5d.—I did not give the prisoner any authority to invoice those goods in his own name; I had nothing to do with the transaction—this (produced) is the invoice—he told me at the time that he had sold the goods—I never heard that he had received this cheque, but it is endorsed in his writing (Dated July 22nd, and crossed to the Consolidated Bank, Manchester)—this is the receipt given by the prisoner for the cheque—on Saturday, December 3rd, I was in Manchester with the prisoner, and I said that we would go to the Cooperative Society and see whether I could get the money—he said, "It will be no use going there, being Saturday they close early; I will see about it next week"—he did not tell me that he had received payment—on 7th December I received this telegram from him: "Cooperative paid and took 10 Pearsons, exchanged them with Austen for our eight last"—this letter of 7th December is in his writing. (This stated, "I wired you this morning that Cooperative had paid, and had bought 10 Pearsons")—next day, I think it was, he sent me a 100l. note—on 21st October a customer named Lee owed me 86l. 16s.—this cheque (produced) is drawn by Lee, payable to Rosenthal and Co., and endorsed by the prisoner. (Crossed to the prisoner's bank at Manchester.)—a customer
named Freer owed me 139l. 3s.; this is his cheque; it is endorsed by Turnbull. (It was payable to A. R. Turnbull.)—I did not know he had received it—this letter is his writing. (Dated October 20th, to Mr. Lee, asking for a cheque for Rosenthal and Co.)—Leonard and Harrington, of Worcester, owed us 204l. 15s. 10d. before 3rd December, and this cheque for that amount bears the prisoner's endorsement and is crossed in his writing. (Crossed to the Consolidated Bank, Limited, Manchester.)—that is his own bank—some days before December 17th I told the prisoner I was going down to Worcester to collect the 204l. 15s. from Leonard and Harrrington—he did not say that he had received it; he made no answer—I went down on the 17th and found that the money had been paid—I came back that night, and received this letter from the prisoner at my private house; it is in his writing. (Read: "Dear Sir,—I enclose you my account of receipts and expenses, by which you will see I have in hand 455l., but as you have intimated terminating the agreement between us I must ask you to let it remain in my bank," &c. An account was enclosed, to which was appended, "This would not include further damages for sudden suspension. ") This telegram is in his writing. (Sent out at 9.33 a. m., from the prisoner to Mr. Harrington: "If Rosenthal should call please take no notice; I will arrange it Monday. This is private")—there had been no suggestion that he was to leave our employment—these three other telegrams are in the prisoner's writing. (December 7 th, from Turnbull, Derby: "Co-operative paid"; to the Rev. Mr. Loriner, December 17th:" Do try and manage me 100l. I shall be in great trouble, even prosecuted. Wire to the above address. Answer paid. "From Turnbull to Mr. Bullock, of Bristol:" Unless I can find 300l. or 400l. Monday I must be arrested. Do pray help me. I can secure your money. Please note address ")—this is the book in which I kept the account of money paid to him—on 17th September I paid him 59l. 4s. 1d. by this cheque—that included 10l. which he would draw weekly under the agreement—he did not pay his two acceptances, and I took up the one which came due on 22nd December, and he agreed that the 10l. should stand over to pay up the bill—he said that he had some bills due to him—on 17th September he received cheques for expenses he was out of pocket, and travelling expenses, and so on—I paid him by cheques. (Cheques for 5l., 25l., and 3l. were here put in).
Cross-examined. I was first introduced to him about May, 1881, but he had been a customer of ours for leather before that—he was carrying on business in London as a leather merchant, and I was told with a very large connection—he was to carry on business for us in England—we had no counting-house or office in London before that, but we had an agent here—after the agreement was entered into the business was carried on at Turnbull's head office—these acceptances were given before the partnership, for a transaction between us when he was carrying on business for himself—I lived in apartments in Geneva Road, Brixton—I was not a shipping merchant; before the agreement I was cashier in a foreign bank, but only for a short time—I had dabbled in hops in Bavaria—Fanny Rosenthal, who is mentioned in this agreement, is my mother, and Otto is my brother—the business was to be carried on from 1st July, and books to be kept, but we did not do any remarkable business till September; we did some, and entries were made by his clerk of all transactions, but the prisoner prevented me from keeping proper books
before September—he did not give me exact information as to the parties he sold to—I kept no books before September, but Mobbs, the clerk, did—he is here—I did not tell the prisoner after the agreement was entered into that I did not intend to carry it out after the three years, nor did he say that he would sue if I did not, nor did I say that I was not a householder, and he would have to follow me into Germany and sue me there, or anything to that effect—he never said so in Mobb's presence—he did not threaten to retain money which he had in hand as I was going, and put an end to the agreement; Mobbs said so at the police-court, but it is not true—he was called there as a witness for the prosecution, and I heard him swear that, but it is not so—the prisoner did not say that he should retain the money till it was fought out—I did not see the telegram to the Rev. M. Loriner before it was sent, nor did I know that it was going—I know Mr. Newsom—I did not see the prisoner send his telegram, or see it before it was sent, nor did I know that it was going; I was at Worcester that day—I did not say to him, "If you send the telegram to him at that address we shall get some money"—I was not here—the letter enclosing the account was received one day before I gave the prisoner in custody—I then got a warrant—I went down and saw Mr. Newsom, his next door neighbour, just previous to giving him in custody—I did not tell Mr. Newsom that I knew that the prisoner had overdrawn his account, and that I intended to put an end to the agreement, or that Turnbull had threatened to stick to all he had received in consequence of my threatening not to carry out my agreement; nothing of the kind—I was aware before I gave the prisoner in custody of this clause, "The said A. R. Turnbull shall have full and absolute authority to make and enter into and execute contracts and agreements, and to sign the name of the said Rosenthal to all such documents as shall be necessary or convenient for enabling the said A. R. T. to carry on the said business, but the said A. R. T. shall not accept bills of exchange"—I know that I have indicted him for forging the name on these cheques, but that does not refer to the financial part—there is also a clause in the agreement by which accounts shall be settled every June and December—I gave him in custody before 31st December, so that no account was taken between us—I have no property in England.
Re-examined. The daybook is in my writing—the sales and purchases between July and December were about 8,000l., that includes the foreign and English trade—my mother's business has been established in Bavaria about 70 years—Mobbs was a clerk in our service, and under the prisoner's directions; he has been discharged since the prisoner was given in custody, in consequence of certain documents coming under our notice in his writing—I never told Mr. Newsom or anybody else that it was our intention to terminate the agreement—I had a warehouse in that country with English and foreign hops in it, value at least 2,000l.—I am single, and live in lodgings; I have left this country for a holiday.
By MR. WILLIAMS. These entries are in my writing; they purport to commence from 1st July, but they were not made on that day, not till some months afterwards, as I could not get information from the prisoner—the entries of August were made some weeks afterwards—the entries of September were made in September—the book was not bought till September; I did not want it—it is copied from the letter book, which is here (produced), and the invoices—all the entries were not made at the
same time—I knew that he had the transaction of the hops with the Co-operative Society at Manchester; he told me so at the time.
By MR. FULTON. He did not tell me that he had received the cheque, paid it into his own bank, and given a receipt—I had the control and charge of the letterbook.
JOHN ALEXANDER KIRKLAND . I am a clerk in the Consolidated Bank, Hyde's Cross Branch, Manchester—I produce the prisoner's account there—his balance on 17th December last was 46l. 16s. 1d.—two cheques were drawn against that afterwards, and after they were paid the balance was 42l. 4s. 1d.—after that other cheques were presented which were not paid—I have no record here of the number—some of these cheques (produced) passed through the bank, and were credited to the prisoner's account—this cheque (For 35l., payable to Huntley and Washington, and signed "A. N. Turnbull") was presented, but an injunction was issued against the account being touched, and it is unpaid.
Cross-examined. The prisoner has banked there since 3rd May, 1879, when he carried on business for himself.
HENRY HAYNES HARRINGTON . I am one of the firm of Leonard and Harrington—we have transactions with Messrs. Rosenthal—this is our cheque for 204l. 15s. for payment of goods purchased of them; we sent it by post, and on 17th December received the telegram which has been read—I showed it to Mr. Rosenthal.
Cross-examined. We dealt with Turnbull some years before he entered into this agreement, when he carried on business as a hop merchant.
—LEE. I dealt with Messrs. Rosenthal once—this is my cheque for 86l. 16s. for goods he supplied to me.
Cross-examined. I did it through Stephens—I suppose he was traveller for Turnbull.
GEORGE HARVEY (Police Sergeant). On 18th December I took the prisoner at his house at Orpington; the prosecutor was with me—I told him the charge—he said" I wish to speak to that gentleman privately; "I said" I cannot allow that"—he said" I wish to speak to him, can I do so?" I said" Yes, but what you say must be heard by me, I shall have to tell the Magistrate, and I should not advise you to say anything"—he said" I wish to speak to him privately; "I said" I can allow no conversation respecting a compromise, you can say that before the Magistrate"—he said "If it goes before the Magistrate I know it must go on, if it is not settled before that I am determined not to settle it at all"—I took him to the station, and found on him a lot of papers and 3l. 7s. 4 1/2 d.—I cannot recognise the documents I found—I handed them to Mr. Hare, the solicitor for the prosecution.
Cross-examined. I went to his house on the 27th—I had no warrant—I ransacked his house at the prosecutor's request, but I first went before the Magistrate—I merely opened the drawers; I took nothing away—I had all his papers before—he brought a bag of papers to the station, and I took it away from him—the prosecutor's solicitor and his clerk looked into the bag.
Cross-examined. I am conducting this prosecution—Mobbs was a witness before the Magistrate—I did not take him before the Grand Jury—
his name on the back of the bill is scratched out by my directions, in consequence of what I found out—the Clerk of Indictments put it on—Mobbs is here.
ERNEST ROSENTHAL (Re-examined). The amount of sales in the English market between 1st July and 19th September was about 5,600l. for English hops, and 2,400l. for foreign—my brother Henry assisted me in this business—he is not here.
MR. WILLIAMS (with MR. GRAIN) submitted that the prisoner was neither a clerk nor a servant, as he had power to buy and sell hops when and where he liked, and had absolute power to make and execute contracts and agreements, and he was paid not by salary, but by a share in the profits. (See Reg. v. Negus, 2 Crown Cases Reserved, p. 35.) MR. FULTON contended that there was abundant evidence that the prisoner was a clerk having the option of becoming a partner in 12 months, and there were other counts, in which he was charged as a beneficial owner. The RECORDER considered that the prisoner was not a partner, and left it to the Jury to say whether he was a clerk.
GUILTY .— Twelve Months' Hard Labour.
Before Mr. Common Serjeant.
MR. STEWART WHITE Prosecuted.
ALEXANDER JONES . I live at 62, Lambeth Walk—I am manager to Mr. Wolfe, a clothier there—on Wednesday evening, 21st Dec. last, the prisoner came to the shop about 7.30—I served him with two coats and a pair of trousers, which came to 4l.—I put them in a parcel, and asked for payment; he said he had not sufficient money, but I might send them home, and he would pay for them when he got home—I said "Very good, our porter is out, but I will go with you"—I went with him to 21, Monckton Street, Kennington, about 10 minutes' walk—he opened the door with a latch-key—we went into the hall—he said "You give me the parcel, and I will go downstairs and fetch you the money"—I gave him the parcel, and he went downstairs—I waited four or five minutes—I saw a gentleman come downstairs, and I made inquiries—the prisoner had asked me for the receipt, and I said" I cannot give you the receipt because it is receipted"—after speaking to the gentleman I waited about two minutes more, when the gentleman came back and made a communication to me, in consequence of which I gave information to the police—I went straight to the police station—I saw the prisoner about a week after—I charged him; he said he would have paid the money if I gave him sufficient time—I identify the two coats and pair of trousers produced—they are what I sold the prisoner on 21st December—I never received any money for them.
Cross-examined by the Prisoner. I did not say we had 16 porters—you did not say the landlady was out, you would like to try them on—I did not ask you to try the two coats on—you tried them on at the shop.
GEORGE WALDOCK (Police Sergeant L). From information I received I arrested the prisoner on 30th December in Brook Street, Kennington—I charged him with stealing these clothes from Mr. Wolfe's, of Westminster Road—he said" You are quite right; I will admit to all I have done; there are others in it as bad as I am"—I took him to the station
—I searched him—I found upon him 33 pawn tickets, including the tickets of 22nd December, which are for this pair of trousers, pawned for 8s. at Matthews's, Newington Butts, by Arthur Smith; one coat pawned for 16s., another coat for 12s., at Moses's, 176, Kennington Park Road, by John Williams.
Cross-examined by the Prisoner. I arrested you in a beer shop in Brook Street—I had been looking for you from the 21st to 30th December, several days, in the stables—Mr. Robinson did not give me the information about 16 Grant Road, where I went afterwards.
SAMUEL WALTER BANKS . I am assistant to Mr. Moses, a pawnbroker, 176, Kennington Park Road—on 22nd December the prisoner came to our shop between 10 and 11—he pawned one coat for 16s. and the other for 12s.—I asked him if he was owner of the property, and he said he was—I said "Have you a receipt for these goods?"—he showed me a receipt from Hyam's, the tailor's; the amount was about 5l., and it was receipted—I was satisfied on seeing the bill—these are the duplicates dated 22nd December—they correspond with the other portions.
JOHN HORTON . I am assistant to Mr. Matthews, a pawnbroker, at Newington Butts—I produce a pair of trousers pledged with me on 22nd December, about 5 p. m., for 8s., in the name of Arthur Smith, of 18, Dante Road—I recognise the prisoner as Arthur Smith—I asked him whether they were his own property, and he said "Yes"—this duplicate corresponds with the other half produced.
CHARLOTTE ANN CUMMINGS . I reside at 21, Monckton Street, Kenning-ton Road—the prisoner on Monday, 19th December took my first-floor back room—he left on Wednesday, the 21st—I last saw him about a quarter to 10 am.—he did not give up his latchkey.
Cross-examined. Some gentleman brought you there in a horse and trap on the Monday—you went into my kitchen because you could not sleep in the room that night—you went away and returned next morning.
Prisoner's Defence. He handed me the goods, and told me I could call and pay. I had not tried the trousers on, and should have paid eventually. I had no intention of taking the goods without paying. I have been fourteen years in business, and have paid thousands of pounds out.
He then PLEADED GUILTY*† to a conviction of felony in August, 1881, at Marlborough Street— Five Years' Penal Servitude.
NOT GUILTY .
MR. POLAND Prosecuted.
JOHN KIPPING . My father is a fishmonger at 12, Lower Marsh—on 13th January, between 5 and 6 o'clock, the prisoner, who I have seen about, came in for a haddock; she gave me a halfcrown; I tried it with my teeth; it was soft and bent; it was bad in my judgment—I said "This is a bad one," gave it back to her, and she said she had no more money—I was busy and let her go, taking it with her—I saw her in custody on 17th January at Kennington Road—Mr. Garrod gave her in charge, and I said "You are the woman who gave me the bad halfcrown
on Friday"—she said "I never saw the shop at all"—I am certain she is the woman.
JOHN GARRAD . My father keeps a fishmonger's shop at 123, Lower Marsh—on 17th January I served the prisoner with a haddock price 2 1/2 d.—she gave me a bad half-crown; I gave it to my father, who gave her in custody.
HORACE GARRAD . I am a fishmonger, of 123, Lower Marsh—I heard my son tell the prisoner the half-crown was bad; she gave it to me—I said "Have you any more of these?"—she said "No," and opened her purse and showed it me; it appeared to be empty—I said "Would you mind giving me your name and address?"—she said "Mrs. Hughes, 12, Upper Marsh"—I said "If you have told the truth, would you mind my sending for a policeman to take you down to the station?"—she said "Not in the least"—I sent for a policeman, who took her into custody, took the purse out of her hand, and found a good sixpence in it—she then gave her address, 12, Apollo Buildings—I gave the bad coin to the policeman.
HENRY BARKER (Policeman L 100). I took the prisoner, and received this half-crown—I said "Where do you live?"—she said "12, Upper Marsh"—I said "Have you any more?"—she said "No"—I found a good sixpence in her purse—on the way to the police-court the same day she pulled this old bag out of her pocket, rolled it up, and tried to pass it behind her to a man who was following her, and who I understand is her husband—I took it from her; it contained a good shilling—she said "You would not have had that if I had been a little quicker"—when she was put in the dock at the station she gave her address 12, Apollo Buildings.
Cross-examined by the Prisoner. You said "That was the shilling I I got from the young woman downstairs to get a piece of meat with for her. "
The Prisoner called
ELIZABETH PHILLIPS . I am married and am a scrubber and cleaner—on the morning the prisoner was taken I gave her a shilling to get me a bit of meat because I was very ill and unable to get it; it was the only shilling I had—on Friday, the 13th, I was very ill, and you were washing for me till past 8 in the evening—you were not outside the door to my knowledge.
Cross-examined. We live in the same house, 12, Apollo Buildings—I have lived there about six weeks, with my husband Mr. Wheeler; I am not married to him; he is a labourer—I have been a widow six years; my former husband's name was Phillips—the prisoner's husband works for her—the prisoner's room is upstairs; she has two rooms at 5s. a week—12, Apollo Buildings is not 5 or 10 minutes' walk from the Lower Marsh—she began to wash for me in the morning—I suppose she had her own washing to do as well—I saw her two or three times on the Friday—she kept coming down to me—she did not stay in my room all day.
Prisoner's Defence. I changed a halfsovereign at a baker's. I did not know the halfcrown was bad till I went into the shop. As for the other, I never went near Mr. Kipping's shop at all.
GUILTY .— Six Months' Hard Labour.
MR. POLAND Prosecuted; MR. REID Defended.
AMELIA MARION STREETER . I am assistant to Richard Collins, a baker, of 150, Newington Butts—on 15th December, about 3.20 p. m., I served the prisoner with three Bath buns, which came to 6d.; he gave me a George IV. halfcrown; I bent it in the tester, told him it was bad, rang the bell, Houston came from the bakehouse, and I said, "Fetch a policeman"—the prisoner said that he had it in change at the Herne Arms, Loughborough Junction, and gave me a good one—I gave him the change and he left—I kept the bad one till a week after Christmas, and then put it in the fire, and it melted and ran through—on 18th January he came again; I recognised him—he asked for two penny buns, and gave me a halfcrown; I tried it, and it bent easily—I gave him in custody with the coin.
Cross-examined. I don't think I said before the Magistrate that I believed I served the prisoner on the first occasion. (The words "I believe" were in the witness's deposition)—when Honston came I said, "This man has given me a bad halfcrown, go for a constable"—the prisoner heard that—he said that he would bring the gentleman who had given him the change to prove it—he was a stranger to me—I took the second coin into the parlour to test it, and the prisoner could have gone away if he chose, there was no one in the shop to stop him, and I did not come back for five minutes, when the constable came.
Re-examined. When I said, "I believe I served the prisoner" I also said, "I am sure he is the man; I recognised him directly he came in."—when I was examined before the Magistrate I had no doubt about him—he never brought any gentleman to prove that he gave him the coin.
FREDERICK EDWARD HONSTON . I am in Mr. Collin's service—on 15th December I was in the shop, and saw the prisoner there—Streeter showed me a halfcrown, and I saw her try it and bend it—she asked me to go for a policeman—I said, 'I do not like to, because he is respectably dressed"—he said, "I am at work at Cannon Street Hotel, and must have got the halfcrown overnight at the Herne Arms"—he went away—I saw him again in the shop in January, and recognised him—I have no doubt that he is the man who came on the 15th—I knew him by his features, and his dark clothes and low black hat.
Cross-examined. He came between 3 and 4 o'clock on the first occasion—I was in the shop, and I remained there while he was there—I saw the result of the testing—Streeter did not ring the bell for me—I dare say 40,000 people in London wear the same kind of clothes as the prisoner.
GEORGE WILLIAMS (Policeman L 196). On 18th January I was called and found the prisoner at the shop—Streeter said "This man has tendered this halfcrown for some buns; I detected that it was bad, and he has been here on a previous occasion and tendered one which was bad"—I said "I shall take you in custody;" he said "I can take my dying oath I know nothing about it, you can go with me to my master, I am a gentleman's butler"—I found a good florin and a knife on him—Streeter said at the station that he uttered the first halfcrown the Thursday week before Christmas; he said that he knew nothing about it—Honston said "I am sure you are the man"—he was not put with others—he said at
the station "I am a waiter, but I am out of work now; I have been at the Queen's Hotel, Hastings. "
Cross-examined. I have made inquiries about him, and find he has been employed in respectable families—I have found nothing against him—the Magistrate admitted him to bail.
Cross-examined. Silver will bend in a tester between a very powerful thumb and finger, but it is very difficult—bad coins bend easily—silver will not melt in an ordinary fire, it requires a white heat.
The prisoner received an excellent character.
NOT GUILTY .
MR. POLAND Prosecuted. MARGARET BUCKLEY. I am servant to Alfred Gomm, who keeps a general shop at 6, Tower Street—on 12th January, about 9.30 p. m., Varney (See next case) came in and bought two eggs at 1 1/4 d. each, and gave me a shilling—I put it in the till; there were other shillings there—I gave him the change, and he left—Murphy came in directly, and from what he said I looked in the till, and found a bad shilling—I had looked at it and sounded it before I put it in, and am able to say that it was the one Varney gave me—I gave it to Murphy—I saw Varney next day at the station among seven or eight others—I did not recognise him at first, but I looked again, and saw he was the man—when he was before the Magistrate he was told to put his hat on, and I am sure he is the man.
JANE SANDY . I assist Elizabeth Raines, who keeps a general shop at 115, Broadwall, Blackfriars—on 15th January, shortly after 7 o'clock, I served Varney with 1/2oz. of tea and 1/4 lb, of sugar, which came to 1 1/2 d.—he gave me a shilling—it looked very dull—I rang it on the counter, thought it was good, and put it in the till—no other shilling was there—I gave him 10 1/2 d. change, and he left—Macey immediately came?? and spoke to me—I went to the till, took the shilling out, and found it was bad—it was about 8.30 when I got to the station, where I picked Varney out from seven or eight men—I knew his face, and felt quite sure of him—I was shown the packets of tea and sugar at the station which I had served him with.
THOMAS HILL . I am a warehouseman—I assist Ann Hill of an evening at our general shop, 86, Westminster Bridge Road—on 18th January, about 6.40, I served Varney with two eggs, price 2 1/2 d.—he gave me a shilling—I tried it with my teeth, and told him it was bad; he said "I received it for my day's work, and will take it back"—I gave it to him—he put two good shillings on the counter, I took one of them, and he left with the change—a policeman came within an hour, and I went to the station, and picked Varney out from 12 or 13 others—I have no doubt he is the mau.
RICHARD MACEY (Police Sergeant L). On 12th January I was with Burton in Westminster Bridge Road in plain clothes shortly before 10 p. m., and saw the prisoner and Varney and another man at the corner of Charles Street—we followed them to Tower Street, and before they got to Rain's shop the prisoner passed something to Varney, who went in, and came out and joined Williams and the other man, who were waiting
—I went in and spoke to Margaret Buckley, who took this shilling (produced) from the till, and I marked it—I lost sight of the prisoner—next day, 13th January, I saw the prisoner and Varney together shortly before seven in Westminster Bridge Road—Varney went into Mr. Hill's shop, and Williams waited a few yards off—Varney came out and handed something to Williams; I believe it was two eggs—they walked sharply away, and I followed them down Oakley Street and the New Cut into Broad Wall, and before they got to Raines's shop Williams passed something to Yarney, who went in, and Williams crossed to the opposite corner, waited there a few minutes, and then went and looked in at the window, went away, and went back and looked in again—Varney came out, joined Williams, and they went on together—I went into the shop and gave information, and Jane Sandy gave me this shilling from the till—I followed them to the Railway Tavern, Blackfriars Road, and said to Williams, "I shall take you in custody for uttering counterfeit coin"—he said nothing—I partially searched him, and found 1s. 6 3/4 d. in bronze, seven eggs, three bloaters, a rasher of bacon, two boxes of lucifers, and a parcel of tea and sugar—he said that he got his living by selling newspapers, and gave his address at a lodging house—Burton searched Varney, and I saw taken from him four sixpences, six pence, and two papers of tea, sugar, and butter, purchased at Sandy's, and what was purchased at Hill's was found on Williams.
Prisoner's Defence. I met Varney with another man, but was only with him about five minutes. He entered the shops, but what he did I do not know, nor did I receive anything. On the second occasion I met him about 6.40, and told him I was very hard up. He said "Come and have a cup of tea, and he gave me some eggs, butter, and sugar. He was a long while buying them, and I looked through the window, but I did not know he was uttering counterfeit coin. We went into a public-house, and a constable laid hold of me. I handed nothing to Varney; it is a mistake or a lie. I wish to call Varney as a witness.
FREDERICK VARNEY (a prisoner). I never saw Williams on Thursday night, the 12th—I was in Woolwich on the 13th—I did not see him till he was in the Cut, and asked him to carry the things I bought there, which were in a handkerchief—we went and had some beer, and the detective came and charged us—he asked the man over the bar if he had taken bad money, and he said "No, the money I have taken is good"—I was not there on the Thursday night.
The Prisoner. You were; you are telling a deliberate lie.
He then PLEADED GUILTY** † to a conviction of a like offence in March, 1880.— Five Years' Penal Servitude
MR. POLAND Prosecuted.
The evidence of the witnesses in the last case was read over to them, to which they assented.
GUILTY .— Twelve Months' Hard Labour.
ADJOURNED TO MONDAY, FEBRUARY 27TH, 1882.