CENTRAL CRIMINAL COURT
EIGHTH SESSION, HELD MAY 22ND, 1882.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
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, May 22nd, 1882, and following days,
BEFORE THE RIGHT HON. SIR JOHN WHITTAKER ELLIS, BABT., LORD MAYOR of the City of London; The Hon. Sir HENBY MANISTY, Knt., one of the Justices of the High Court of Justice, and The Hon. Sir HENRY CHARLES LOPES , Knt., one other of the Justices of the High Court of Justice; Sir ROBERT WALTER CABDEN, Knt., M. P., WILLIAM LAWBENCE, Esq., M. P., Sir THOMAS DAKIN , Knt., and Sir FBANCIS WYATT TRUSCOTT, Knt., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q. C., M. P., Recorder of the said City; SIMEON CHABLES HADLBY, ESQ., GEOBGE SWAN NOTTAGE, ESQ., and ROBEBT NICHOLAS FOWLER, ESQ., M. P., 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 KEBR, ESQ., LL. D., Judge of the 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 ANDEBSON OGG, Esq.,
EDGAB ALEX. BAYLIS, Esq.,
JABFZ MCDIARMID, Esq.,
CENTRAL CRIMINAL COURT.
ELLIS, MAYOR. EIGHT SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, May 22nd, 1882.
Before Mr. Recorder.
MESSRS. BIRON and MONTAGU WILLIAMS Prosecuted;
MR. BESLEY Defended. The defendant in this case was carrying on business under thte name of D. J. Wright and Co. The allegation, was that there was no such person as Wright, the defendant in an affidavit having sworn that Wright was his partner; it was, however, proved that Wright had been in fact a partner of the defendants, and the case for the prosecution was withdrawn.
NOT GUILTY .
MR. FULTON Prosecuted.
WILLIAM KEYWOOD . I keep the Shears beerhouse, Sunbury—the prisoner lodged there for about 6 weeks and left about 10 weeks ago—on the night of 24th April I went to bed leaving everything safe—next morning about 25 minutes to six I found my bedroom door open andmissed my watch which had been hanging up over the drawers in the room; I also found my purse empty, it had contained about 5s. the night before; when I went downstairs I found the back door open—an entrance had been made by breaking a large pane of glass of a lower window, big enough to admit a man—there was blood on the window frame and also on the bar door, which had been forced open—I gave information to the police and afterwards saw the prisoner in custody.
Cross-examined by the Prisoner. I suspected you because you were a slippery man; whilein my lodgings you would get out of bed and pick the men's pockets of a night, and I sentyou away in consequence.
ISAAC EVES (Policeman T 492). On the morning of 25th I was sent for to the Shears—I found the glass broken and blood on it and also on the handle of the bar door—about half-past 6 or a quarter to 7 o'clock in the morning I wept to 6, Poplar Place, Sunbury Common, and there saw the
prisoner; he was in bed—lie came downstairs—he had his right hand in his trouserspocket; I asked him what was the matter with his hand, he said nothing—I took it out and saw the second finger on the right hand was bloody—I asked him how he accounted for it—he said he did not know, it was done last night—I noticed blood on his socks, boots, and trousers—I took him into custody and charged him with breaking into the Shears and stealing money and a watch—I found on him a handkerchief covered in blood, apipe, six sixpences, a shilling, and 3 1/2 d. in bronze, and a pocket-knife with the pointbroken off.
JONATHAN THOMAS SHAW (Police Inspector). I examined some footprints in a fieldat the back of the Shears—I took off the prisoner's left boot and compared it withthem by making an impression at the side; they corresponded—on the window ledge among some broken glass I found this point of a knife which exactly fits the knife found on the prisoner.
Prisoner. It is the first time, I should like the Jury to let me go.
GUILTY .— Nine Months' Hard Labour.
MR. GILL Prosecuted.
JONATHAN ATKINS . I am clerk to Mr. Thomas Smith, a feather bed dealer of Wine Office Court, Fleet Street—on 9th May the prisoner came there and selected three feather beds and a down quilt—he said he was with Mr. Hammond—he produced a cheque-book and wrote this cheque for 8l. 17s.—he took the things away in a cab. (This was a cheque on the London and South Western Bank, Limited, Battersea branch, and was signed W. Hammond)—I gave him this invoice—before the cheque was presented a detective called on me.
WILLIAM HAMMOND . I am a builder of 72, York Road, Battersea; I have an account at he London and South Western Bank, Battersea—the prisoner worked for me during 1880—thischeque was not drawn by me or by my authority—it does not come out of my cheque-book—the writing is similar to mine, but I sign my name William in full.
HENRY WILLIAM MOUNT . I am a builder of 30, Ebury Road, Battersea—in September,1880, the prisoner was in my employ when I was making alterations in the interior of the London and South Western Bank at Battersea.
JONATHAN BARR . I am manager of the Battersea branch of the London and South Western Bank—we entered on the new premises on or about 1st September—I recognise theprisoner as having been there at the time of the alterations—this is one of our cheque books, it has never been issued to a customer—it was missed about the middle of September, 1880—this cheque is one from that book—Mr. Hammond always signs his name "William" in full—I saw the signature was not his, though it is very similar.
FREDERICK DOWNES (City-Detective). On 9th May I arrested the prisoner in Lillington Street, Pimlico, on a warrant—I searched him on the spot and took from his pocket this cheque-book—I told him that I, held a warrant for his arrest, should I read it to him then or at the station—I took him to Rochester Row, and read it to him—I said "I believe this cheque-book was stolen by you 15 months ago"—he said "You will not have 60 much trouble as you have had; I shall plead guilty to it; I don't mind for myself, but I have been a great scamp to
my wife"—he afterwards said "Did I give the name right?"—I said "It commences with a 'W'"—he said "Well I did not know "—I saw this invoice found.
GUILTY .— Eighteen Months Hard Labour
DOWNES stated that there were several other cases against the prisoner.
MR. WILLMORR Defended.
THOMAS HENRY LIGHT . I keep the Berkeley Arms beerhouse, Fulham—about a quarter to 12 on the night of April 17 I fastened the house perfectly secure in every part and went to bed—I got up next morning about 8.30—on going downstairs I found the back door open—it had been fastened by two bolts—the kitchen door was also wide open—I went upstairs and missed my watch from the dressing-table in my bedroom—I missed the clock from the bar parlour downstairs, my boots from a cupboard, some coppers from a side shelf, and a number of farthings from a till—these produced are my two coats and this clock is mine, and they were safe in the house the night before—that is all the property I have seen since.
Cross-examined. I have known these coats a long time. I know this one by a tear in it, which was made a day or so before I missed it.
HENRY CROOKENDEN (Police Sergeant T). On 18th April, about half-past 11 in the morning, I went to the house—I found that some person had got over the back wall into the back garden, and placed an empty box against the wash-house, and on that a large flowerpot was put, by which they got to the top of the wash-house and then through a water-closet window—next day I was in North End Road, Fulham—I saw the female prisoner carrying something in this white apron outside the Three Kings public-house—I walked up the road towards Fulham, and met the male prisoner and a man named Ricketts—I watched them—they joined the female and went into a public-house—they remained there a few minutes, then came out, and went into the West Kensington railway station—Ricketts stood at the door of the station—the female went on to the platform—I followed her and said, "What have you got in the bundle?"—she said "Two coats"—I said "What sort of coats?"—she said, "Striped coats"—one was a striped coat—I said, "What are you going to do with them?"—she said, "I am a charwoman, and I am going for some washing; and I am going to take the coats with me "—I said, "What then?"—she said, "Bring them back"—I said, "Where did you get them from?"—she said, "A woman I know gave them to me"—I said, "What is her name?"—she said, "Smith, I think"—I said, "Where does she live?"—she said, "I don't know; down Field Road"—I then took her to the far end of the platform and examined the bundle—I saw this clock among the coats—I said, "These are the produce of a robbery that took place the night before last in Greyhound Road, and I shall charge you with your husband in committing a burglary"—she made no reply—I pointed out the clock to her—she made no reply—the male prisoner was waiting about 50 yards off—I took her back to him and said, "This bundle contains certain articles stolen from the Greyhound Road the night before last, and you will be chareed with burglary"—he made no reply—I took them to the station—after
they were charged the female prisoner said, "A man gave them to me to carry to the railway station, and you passed him on the road"—the male prisoner said, "I was 20 yards behind when you saw me"—on searching him a single ticket was found from West Kensington to South Kensington—inside the timepiece there is the name of Light written.
Cross-examined. The third man did not go away before the prisoners went into the station—he stood at the door—I did not arrest him, because I was not aware what was in the bundle till I arrested the female—the male prisoner was with the female when she went into the station—I have searched Ricketts' house and there found the missing boots—I have not seen Ricketts since; I have been looking for him; we have made every endeavour to arrest him, but have not been successful—he is known to the police, and has been convicted—the female prisoner is a charwoman; she occasionally goes out nursing—the prisoners are husband and wife—they live at 4, Star Road, Fulham, about 400 yards from West Kensington. Station—Ricketts lived at 147, Field Row, Fulham, about 300 yards from the prisoners.
JOSEPH WINTER . I am assistant to a grocer, of 12, Edith Terrace, North End Road, Fulham—I know the male prisoner—about the middle of April he showed me a watch; I can't recollect whether it was gold or silver; it was a double-case watch—he asked me if I carried a watch—I I said, "No"—he said he had a watch for sale; he did not offer to sell it to me—he said it belonged to him, and he believed it came from Epsom Spring Races.
The RECORDER was of opinion that the female prisoner being the wife of the male prisoner the presumption of coercion would prevail, and entitle her to an acquittal, and as there was no proof of the possession of the stolen articles by the male prisoner there was no case against him.
NOT GUILTY .
NEW COURT.—Monday, May 22nd, 1882.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and LLOYD Prosecuted.
ALFRED LLOYD . I am barman at the Duke of Edinborough, Font hill Road, Islington—on 10th March, a little after 8 p. m., the prisoner and two other men who are in the dock (see next case) were there—I did not see them come in, but I saw them conversing together—Wooder called for some tobacco and gave me 1s.; I put it to my mouth and broke it in two, and put the pieces on the counter—I afterwards saw one piece on the counter and the constable found the other—I told my master's son, Frederick Gabriel, that I had got a bad shilling—Flatt could hear that—Gabriel then said "Try the half-crown, Charles"—I took the half-crown from the till, tried it, broke it, and threw the pieces down—I afterwards gave them to the constable—there was no other half-crown in thes till, only florins, sixpences, and copper—I jumped over the connter, shut the door, sent for the police, and the three were given in custody—Wooder said "I did not know it was bad," and offered me a good florin—I took it and gave him the change in the constable's presence.
FREDERICK GABKIEL . My father keeps the Duke of Edinborough public-house, and I serve in the bar—on 10th May, about 8 p.m., the prisoners came in together, and Wooder I think called for a pint of ale and a bottle of lemonade, which I served in separate pots—it came to 4d.—he gave me a half-crown—I put it in the till and gave him 2s.2d. change—they stood at the bar talking, and shortly afterwards Lloyd called my attention to a bad shilling—I said "Try the half-crown"—he did so, and said "This is bad too"—they were the only men in the bar—I did not hear them say anything to that.
Cross-examined by the Prisoner. You did not call for any drink or change a shilling with me.
ARTHUR BILLING (Policeman Y 153). On 10th May I was called to the Duke of Ed in borough, and the prisoner and the two other men were given into my custody—Lloyd said they had passed a bad shilling, and pointing to two pieces of a half-crown, he said "They passed this as well"—I said to Wooder "Do you know anything about the half-crown?"—he said "No"—Hall said that he did not know anything about the half-crown, and that the other men were perfect strangers to him—I took them all in custody, searched them, and found on Weston a florin, two shillings, and a threepenny piece, and on Flatt a good florin—at the station Flatt gave his address 9, Commercial Street, Wandsworth Road—I searched but found no such street—Weston gave his address 9, Shand Street, Blackfriars Road—I searched but could find no such street—Wooder refused his address—I found these two pieces of a shilling in the lining of Weston's coat, and a third piece on the bar; they make one coin—I found nothing on Wooder till the barman gave him the 1s. 11d. change.
The Prisoner in his statement before the Magistrate and in his defence said that the other men, whom he did not know, invited him to drink, but he did not know that they had bad money.
NOT GUILTY .
MESSRS. CRAUFURD and LLOYD Prosecuted.
The evidence in the former case was read over to the witnesses, to which they assented.
Wooder in his defence stated that he did not know the shilling was bad and knew nothing about the half-crown. Weston stated that he only knew Wooder by working with him, and that they met and drank together.
WESTON then PLEADED GUILTY** to a conviction of felony at Newington in December, 1875.— Eighteen Months' Hard Labour.
FLATT**— Two Years' Hard Labour. WOODER— Nine Months' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted.
ROSE SHERRINGHAM . I am assistant to Mr. Jennings—on 24th April I served the prisoner with four eggs—he gave me a half-crown—I rang it on the counter and thought it was bad, but gave him the change, 2s. 2d., and he left—I then showed it to Mrs. Christie, who tried it in the tester
and broke it in two—I gave the pieces to Mr. Jennings—on 29th. April the prisoner came in again, and I said "You gave a bad half-crown on the 24th"—he said "I have not been in the shop before"—we gave the coin to a policeman.
MARY CHRISTIE . I am bookkeeper to Mr. Jennings—on 29th April, about 3 pm., the prisoner came in for four eggs and handed me a bad half-crown—I tried it in the tester, and told him it was bad—he said he would take it back, and offered me a shilling, but I did not agree to that—I called the last witness, and said in the prisoner's presence "Is this the man that offered the bad money before?" she said, "Yes;" he said that he had not been in the shop before—we gave him in custody with the two half-crowns.
The Prisoner's Defence. I had the coins given to me; I did not know they were bad.
GUILTY. Recommended to mercy by the Jury on account of his youth .— Four Months' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted.
JOHN EGAN (City Policeman 159). On 27th April, about 4.30,1 was with Perkins in St. Martin's-le-Grand, and saw the two prisoners with Walter Ayres, who has been discharged—we followed them to Cheapside, and at the corner of Old Change, Allen left the others, went into the Magog public-house, and returned in two or three minutes—Rouse then joined us, and we followed them—I went into the Magog and spoke to the manageress, who made a communication to me—we then took all three, and told them they would be charged with uttering a counterfeit shilling, haying other counterfeit coin in their possession—I found on Ayres 5s. in good money, and he was discharged—Miss Jardine gave me this bad shilling at the Magog.
Cross-examined by Allen. I did not describe you to the barmaid at the Magog.
—JARDINE. I am manageress of the Magog, Cheapside—on 27th April, about 4.30, Allen came in for a glass of ale, and gave me a shilling—I put it in the till, and gave him 10d. change—there was only a florin there—just after he went out Egan came in and spoke to me, and I took the shilling out of the till—this is it (produced)—I gave it to Egan afterwards, having marked it.
Cross-examined by Allen. It was not 2d. you gave me, it was 1s.—we have three tills—I did not put the money you gave me in the till on the right side where the manager was standing—I served nobody after you.
JOHN ROUSE (City Policeman 348). I was with Egan and Outram—I saw Allen go in at the side door of the Magog—when he left I went in, after seeing him join the others on the opposite side of the road—we followed them, and I took Allen and said "You will be charged with uttering a counterfeit shilling at the Gog and Magog public-house"—he said "I
have not been in there," and struggled hard to get away; he put his leg between mine and tried to throw me down; I called for assistance, and it took three of us to get him to the station—I searched him there and found four sixpences, a fourpenny piece, a shilling, a halfpenny, a bad shilling, and a lot of duplicates relating to clothing.
Cross-examined by Allen. I did not twist your wrist and make you struggle.
WALTER OUTRAM (City Policeman 637). I was with Egan—I saw Allen go into the Magog; after he came out I took Jones, who was standing in Cheapside, while Allen went in—I searched him at the station and found in his right-hand coat pocket two half-crowns, a florin, and two shillings, all bad—I said "You see these"—he said "I know nothing about them"—I found one good shilling and a farthing on him.
WILLIAM THOMAS CURTIS . I am a greengrocer, of 152, Thames Street—on Thursday, 26th March, about 8.30a.m., Jones came in and I served him with something which came to 2d.; he put down a florin—my little boy pushed it to me—the prisoner went out and I found it was bad—my boy went after him, but he did not come back—I chopped the coin in half on the door-step next morning and then threw it into the street.
Cross-examined by Jones. I have seen you in the shop before, but never since—I could pick you out from 1,000.
HENRY JACKSON CURTIS . I am eight years old—I saw Jones come in March—my father served him and gave him change, and he left without stopping to eat what he had bought—my father told me to go after him; he went up Little Bull Lane, and then ran, and I ran till I lost sight of him—I afterwards saw him at the station with two other men and recognised him.
Cross-examined by Jones. I don't know what my father served you with; you wore a light coat—you walked a little way and then ran.
Allen in his defence stated that the barman at the Magog put hit money into the right-hand till; that he did not believe that the shilling found on him was bad, and that he struggled because the officer hurt him. Jones stated that he did not know he had the bad money, as it was in the tail of his coat.
ALLEN— GUILTY .
He then PLEADED GUILTY to a conviction of forgery in March, 1879.— Two Years' Hard Labour.
JONES— GUILTY.— Twelve Months' Hard Labour.
OLD COURT.—Tuesday, May 23rd, 1882.
Before Mr. Justice Lopes.
MR. LILLEY Prosecuted;
prisoner had the boy in her arms—she went into one of the recesses, and had the boy about as high in her arms as one of the seats—when I got up to her she said she was going home; she called the boy a little coward—I followed her over the bridge about 100 or 150 yards farther on—she again went into one of the recesses of the bridge, and as I came up the witness Gloster was there before me, and he had the boy in his arms in the centre of the road—I then took the prisoner into custody—she said it was her intention to throw him over, and then to go after him; she was quite sober—I took her to the station, and she was charged.
By the COURT. I did not know the prisoner before—the boy is nine years old—I did not see anything at first to lead me to think she meant to throw the boy over the bridge; the boy was screaming, and said she was going to throw him over; that was in the first recess; he did not say that more than once; he did not continue to cry—she went on and led him by the hand.
Cross-examined. I told the Magistrate that the boy said his mother had threatened to throw him over. (The witness's deposition did not contain this statement.) I am positive I said so; my deposition was read over to me; I did not notice that it was omitted—when I first saw the prisoner in the recess no one was with her but the boy; I was then about 60 yards off—there was nothing to prevent her throwing the boy over if I had not gone up—it did not take me two seconds to get up to her.
Re-examined. There are seats in the recesses—it would be easy for any one kneeling on the seat to throw anything into the water.
By the COURT. The prisoner was not kneeling on the seat in either recess.
JOHN GLOSTER . I live at 5, Holmes Terrace, Waterloo Road—I am a cabman—on Sunday morning, 13th May, about half-past 3 o'clock, I was on Waterloo Bridge—a man gave me some information, and pointed to the prisoner going over the bridge—I watched her as I went on my way; she was 60 or 80 yards in front of me; she commenced walking faster, almost dragging the boy along with her; she had hold of his hand or wrist; I was too far away to say which; I should say it was the hand—I did not hear the boy cry till I got up to him; all of a sudden she turned into one of the recesses—I saw nothing done; I saw the boy's legs sticking out from the recess; as far as I can judge his head would be on the ground—he must have had a struggle; I could not see; I imagine she was picking him up—I could see about 9 inches of his feet and legs; I could not see right up to the knees—I ran up to the spot, and saw the prisoner with the boy in her arms; the boy was on the top of the parapet on his back; she was holding him with one arm round his shoulders and the other arm round his legs—I did not say anything, I had no time; I instantly snatched the boy away from her—she followed me, and dragged me almost into the middle of the road, saying "I will have him"—I called for a policeman, and Payne came up at a sharp pace—I said "This woman ought to be locked up, I. believe this is the second attempt she has made"—she said she would have him, and she meant doing for him first and herself afterwards—when I first came up to the recess, after seeing the boy's legs protruding, she was kneeling on the seat; I won't be sure whether she had two knees up, but she had one—I did not give her time to throw the boy
over; she could easily have done it if I had not been there; the boy was screaming at the time I snatched him from the prisoner.
Cross-examined. I did not hear any screaming till I got within a few yards of them—the stone parapet of the bridge is about 18 inches wide—I should say she had a firm hold of the boy—I went to the station with the prisoner—she may have been drinking the night before, but she was perfectly sober at the time; she was excitable, that is all I can say.
JAMES HENDRY . I am nine years old; the prisoner is my mother—I was living with my aunt this month at 9, Wild Court, Drury Lane—my mother had been in service, and had not long left her place, as cook, in Portland Place, Addison Road, and was living with my aunt—on the night in question they were upstairs washing the other children, my cousins; they called me up and the other boy to be washed and go to bed; I went to bed—I don't how long I had been in bed; I had been asleep—my mother awoke me and said "Dress yourself;" she said nothing else—I did dress myself, and we both went out; she did not say where we were going; we went through Covent Garden—when we got to the end of Waterloo Bridge she took me into one of the seats, and said she was going to throw me over into the water; she tried to throw me over—she did not have hold of me anywhere, because I clung to the ground; I would not get up: she did not do anything then; a policeman came up—I was then outside the seat, on the ground—when my mother said she would throw me over I began to cry—she had hold of my hand when we were walking along; she did not lay hold of me anywhere else—after the policeman came a number of people came running up with barrows of green stuff, and they all stopped and gathered in a crowd, and the policeman sent my mother away—she then walked farther on, and was going to throw me in again; she got me on the seat and I fell down, and a man came up and laid hold of me, and took me from my mother—I was kneeling on the seat; mother had one leg on the ground and one on the seat—the man whistled for the policeman, and he came up and took my mother, and the man took me.
Cross-examined. My aunt occupies the whole of the house in Wild Court; there are other families lodging in the house—my aunt has only one room; we all slept in the same room; the other children were put to bed at the same time I was—I could not hear what went on in the room—they went out to buy the Sunday's dinner; I don't know what time they went out or came in; they had nothing to drink there—my aunt is here—I said at the police-court that my mother had had a little drop; I meant a little drop too much—I also said that she had a few words with my aunt; I heard that they were angry words; I was woke up by it—my mother has always been kind to me—she had a place as cook at Hammersmith; I was with her there—my aunt took care of me when mother was in a place.
The Prisoner's Statement before the Magistrate."I am very sorry. I have always been a good mother to him."
MARGARET HURST (Called at the request of the Jury). I am the prisoner's sister—she has been a widow these six years, and has been in service—she has been a very kind mother to the boy and kind to my children—I have had the care of her boy for the last 31/2 years—on the day in question, after we had done our work, we met a few friends, and had a
drop more than we ought—we had a few words—it was entirely my fault her taking the child out—she thought I did not want her, because she was out of place—I said a few cross words to her—she did not tell me that she was going to take the child out—lean swear that she had no intention of doing such a thing as this—I knew nothing of it till the police came to me about half-past 2 on the Sunday—she always paid me for the child—I might have told her in my passion to take the child away.
GUILTY.—Strongly recommended to mercy by the Jury .— Fifteen Month's Hard Labour.
NEW COURT.—Tuesday, May 23rd, 1882.
Before Mr. Recorder.
561. THOMAS HARDING DULIN (32) PLEADED GUILTY to embezzling 2l. 15s., 15l. 8s., and 1l. 5s., the moneys of William Hudson, his master; also to forging and uttering an order for 15l. 8s., with intent to defraud.— Nine Months' Hard Labour.
562. WILLIAM POULSON (16) to forging and uttering an order for the payment of 5l. 5s . (His father undertook to send him to sea).— Four Months' Hard Labour. [Pleaded guilty: See original trial image.]
563. ELIZA HODSON (17) to" breaking and entering the dwelling-house of Mary Ann Barker, and stealing a silver watch and other articles, and 8l. in money.— Six Months' Hard Labour. [Pleaded guilty: See original trial image.]And
564. WILLIAM KERR (32) to unlawfully obtaining by false pretences large quantities of jewellery, with intent to defraud. Recommended to mercy by the prosecutors.— Four Months' without Hard Labour. [Pleaded guilty: See original trial image.]
565. HENRY THOMAS ROUT (18) , Stealing while employed in the Post Office a post letter, containing two half-sovereigns, the property of Her Majesty's Postmaster-General, and THOMAS TITCHENER (17) , Feloniously receiving one half-sovereign and harbouring Rout, knowing him to have committed the said felony.
ROUT PLEADED GUILTY .
MESSRS. COWIE and BAGGALLAY Prosecuted; MR. MONTAGU WILLIAMS Defended.
ALLEN GEORGE MADDOX . I am a clerk in the Missing Letter branch of the General Post Office at St. Martin's Place—in consequence of the loss of letters I made up a packet on 17th May, and enclosed in it two marked sovereigns and addressed it to Miss Mary Roberts, care of Miss Liddell, The Avenue, Tonbridge, Kent—I securely fastened it and posted it about 12.30 in the pillar letter-box, Adam Street, Strand—it would go from there to St. Martin's Place Office about 12.45—I went with Mr. Stanley to St. Martin's Place Office, and saw the prisoner Rout leave the office about 2.45—I received a communication, went to the Bull's Head Inn, 28, St. Martin's Lane, about 2.55, and obtained a half-sovereign there, which was one ofthose I had marked—I shortly afterwards saw Rout, had a conversation with him, went to the Bull's Head again, and obtained the other marked half-sovereign—I then went back to the Post Office, saw Titchener, and said "Rout has just confessed to stealing a packet containing two half-sovereigns; has he given you any money?"—he said "No"—I said "What money have you about you?"—he produced two half-crowns four shillings, four threepenny pieces, four sixpences, and two pence, which he said was part of some money he had withdrawn from the bank—I said "Rout states that he gave you 10s. worth of silver, and
that you knew that it was the change of one of the half-sovereigns he had stolen from the packet"—he said "Rout came to me and said 'Here is something,' and I saw it was a packet broken open, and I said 'Shall I seal it?' Bout said 'No,' and went away, and after a short time came back with the contents, two half-sovereigns, and said 'I will change them and give you half,' and shortly afterwards Rout came to me and gave me 10s. worth of silver, and said 'This will makeup for yesterday'"—I said "You were seen out yesterday driving in two traps; I expect you found it rather expensive"—he said "Yes"—I said "About what did it cost you?"—he said "About 1l. each"—I said "When you received the 10s. worth of silver from Bout you knew it was the change for one of the half-sovereigns he had stolen from the packet?"—he said "Yes"—I then brought Titchener in, and told them they would be charged with stealing the packet, and asked if they had anything to say—Titchener said "No," Bout said that he had told me all he knew about it.
Cross-examined. Mr. Stephens was present and several others—I use my discretion as to persons who are taken into custody—they were not under charge then, but they were given in charge in consequence of the replies they gave me—I did not caution them—I took down their answers roughly in shorthand but hive only kept portions of it—I have got nothing of what Titchener said to me—I did not say at Bow Street that I said to Titchener "When you received the 10s. you knew it was change for one of the half-sovereigns stolen from the packet"—my deposition was read over to me and I signed it—I left it out in consequence of the length of the conversation I had to remember.
Re-examined. Stephens was present during the whole of the conversa-tion and so was Fry, but he was in the background, being a police-officer.
DANIEL CLAPPY . I am letter carrier at St. Martin's Lane branch—on 17th May I made the 12.45 collection of letters from Adam Street pillar box and took them to St. Martin's Place Post Office—letters posted about 12.30 would be in that collection.
JAMES ALDRIDGE . I am an overseer in the Inland Branch Post Office, St. Martin's-le-Grand—on 17th May, in consequence of instructions, I examined the packet bag from St. Martin's Lane; it arrived at 1.47—I searched in it for a packet addressed to Miss Roberts and failed to find it.
CHARLES JAMES STEPHENS . I am travelling officer of the Missing Letter Branch, General Post Office—I was present on 17th May at most of the interviews between Maddox and the prisoner Titchener, but Maddox went from one office to the other—he said "Bout has just confessed to stealing a post letter containing two half-sovereigns, has he given you anything?" he said "No"—Maddox said "Has he given you any money?" he said "No"—Maddox said "What money have you about you?"—Titchener took about 10s. from his pocket and put it on the table—Maddox said "Where did you get this from?" he said "It is a part of the money he had from the bank"—Maddox said "Bout states that he has given you the change of a half-sovereign, one of which he took from the packet, and which you know was stolen," he said "Bout came to me and showed me a packet broken open; I said 'Shall I seal it?' Bout said 'No, wait a minute, I will give you half;' he went away and shortly afterwards returned and handed me some silver, and said 'Here is half
for you, which will partly make up for yesterday'"—Maddox then asked him about being out with Rout the day before; and I heard about their driving about in two traps.
Cross-examined. I have not given evidence till today.
THOMAS GAYHAM . I am an overseer at St, Martin's Place Post Office-the the prisoners were boy sorters there—a packet posted at 12.30 in the Adam Street pillar box would be cleared about 12.45, and would come to our office about 1.0, where it would be stamped, sorted, and dispatched by Rout, and would go to the Inland Post Office by the 1.20 dispatch-the prisoners were both on duty on 17th May, and 1 saw them together before the bag was made up and afterwards—I knew them to be intimate—if a packet was broken it would be Titchener's duty to seal it.
FREDERICK STANLEY . I am employed at the Missing Letter Branch of the General Post Office—I watched Rout and saw him go to the Bull's Head about 2.45, and saw him tender a half-sovereign for some refreshments and then leave—he was there about five minutes.
CLARA RICKAEDS . I manage the Bull's Head, St. Martin's Lane—on 17th May Rout brought me a half-sovereign—I put it in the till and gave him the change—Mr. Maddox came in shortly afterwards—I showed him the till and he selected one of the half-sovereigns it—somebody called again, I think it was Mr. Maddox—I showed him two more half-sovereigns and he took them away.
EDWARD DAVIDSON . I am a boy sorter at St. Martin's Lane Branch Office—on 17th May, Rout, who was employed in the office, asked me to get him change for a half-sovereign—I took it to the Bull's Head at 25 or 26 minutes to 2, got the change, and gave it to him—it was two half-crowns, some threepenny pieces, and the rest in shillings.
GEORGE HENRY FRY . I am a police officer attached to the General Post Office—on 16th May I received instructions and watched St. Martin's Lane Branch Post Office and saw the two prisoners go out soon after 11.00 and join a female; they took an omnibus to Islington, engaged two traps at the Angel Mews, and both drove down to Cannon Street, City; Rout with a female and Titchener by himself; they were joined there by a second female, and both drove back to Islington and through Essex Road and Edmonton to Waltham Cross, and then returned to London—next day they were given into custody—I found 8s. 11d. on Rout, and I know Titchener gave up 11s. 2d., which is at the office.
HENRY THOMAS ROUT (The Prisoner). I have pleaded guilty to this charge—on the day before this Titchener and I had been out in traps together, which cost us about 1l. each, and I spoke to him about it on this morning—we work side by side and talk while we work—I took hold of a packet about 1 p.m., and said "Here is something"—I said "I wonder what it is?" and opened the packet and took out two half-sovereigns—I showed them to him and told him I could get them changed—I got one changed by Davidson and changed the second myself—when Davidson brought back the change I gave Titchener 10s. and said that it would clear the expenses of the day previous—I afterwards saw Maddox and made a statement to him.
Cross-examined. I know that Titchener's mother had an account of his at the Postoffice Savings Bank, and that he had drawn some money out before we took this driving trip—when I showed him the open packet he asked me if he should seal it up.
Re-examined. I did not see his savings bank book, but he told me that he took money out and bought a pair of trousers.
MR. WILLIAMS submitted that there was no evidence to go to the Jury upon the Counts for receiving, as Titchener had not received a half-sovereign but 10s. in silver.
MR. COWIE contended that both prisoners were acting in concert; and therefore Titchener, although he did not actually handle the coin, was looking on and consenting to the half-sovereign which was devoted to his share being sent to be changed. The COURT considered that there was no evidence of a joint larceny or of a receiving of the half-sovereign by Titchener, as he did not receive that which was stolen.
TITCHENER— GUILTY as an accessory after the fact .— Four Months' Hard Labour.
ROUT received a good character.— Eighteen Months' Hard Labour.
MR. POLAND Prosecuted;
MR. COLE Defended.
HORATIO ALFRED PHILLIPS . I am a clerk in Messrs. Coutts' bank, 59, Strand—Mr. Henry Dudley Ryder is one of the partners—on May 1, soon after 3 pm., the prisoner came in and handed me a letter in a closed envelope addressed to Messrs. Coutts—I got a partner to open it; this is it: ("20, Charles Street, Berkeley Square, May 1, 1882. Gentle-men,—Please let bearer have small cheque book 50, and charge the same to my account.—Fortescue.") Lord Fortescue has an account with us, and I saw that it was not his signature; I compared it with other signatures of his, and showed it to one of the partners, and then questioned the prisoner; he said that he was told to bring it and wait for an answer, and was given 2s. for so doing—I asked where he brought it from; he said the Athenaeum Club, from a man named Sawyer—I asked him whether he brought it from the inside of the Club—he said "From the Athenæum Club"—that is nearly a mile off—I detained him; we got him to write his name; he wrote "Richard Wilkins"—he first gave his address at a place which I can't remember; he then said he was not quite sure, and that he had made a mistake, and said that it was 53 or 54, St. John's Street, Clerkenwell—I wrote that down; he afterwards wrote another address, but not before me.
Cross-examined. This "Richard Wilkins" is his writing; the address is mine—I do not know Bevington Street, Hoxton, or whether there is a St. John's Road there—I can't say that this signature "Fortescue" is like the body or signature of this letter; I do not see any resemblance—the prisoner was interrupted in giving me his address, as one of the partners was questioning him, and I wrote it down—that was about 3.30; he was in the office till 4.15—I asked him whether he was acquainted with the contents of the letter; he said, "I don't know"—Mr. Majoribanks opened it, and gave it back to me—I then said, "Do you know the contents of this letter?" and he said, "No;" I did not say, "You will have to wait until a detective officer comes," nor did I hear that said—Mr. Shannon, the managing clerk, had charge of the matter.
I saw the prisoner there on the afternoon of May 1st; Mr. Phillips showed mo this letter, and I said to the prisoner, "Do you know the man from whom you received this?"—he said, "I know nothing of him; but I saw him come out of prison this morning, and we went together to a stationer's near Leicester Square, Culleton's, and we tried to get some paper; we failed, and then went back to another stationer's in the neighbourhood called Chapman's, where we got some;" he then entered into a lot of details as to their wandering about from one place to another and then he said that they went to a-public-house near Cold bath Fields prison, where the other man wrote this letter—Inspector Moore was gent for, and the prisoner was given in custody.
Cross-examined. The prisoner must have come in a little before 3 o'clock, and he was brought to Bow Street at a quarter to 6; he was only about 10 minutes going from the bank to Bow Street; he was allowed to remain seated in the bank room, as he could not give a satisfactory account of himself; we first of all had to communicate with Lord Fortescue, and we had to consider the matter—this is nothing like Lord Fortescue's signature or writing—the prisoner did not ask to be allowed to go out, and point out to a policeman the person who had given him the letter; we had our own policeman in uniform on the premises—he did not say that the man was waiting outside—our policeman saw what was going on, but he had nothing to do with it—I told the prisoner he would have to wait till the detective came; he did not say that if a policeman was not called the man who gave him the letter would have plenty of time to escape; I did not hear the word "escape"—he did not say, "He has got the paper, ink, and envelopes on him"—I do not know that the prisoner has been admitted to bail or that he has just surrendered—he did not say to me, "He has appointed to meet a turnkey outside Cold bath Fields prison at 6 o'clock, and we can see him there"—he said that Truman was the name of the man who gave him the letter, and that he saw Truman at Cold bath Fields that morning when he came but of prison.
HENRY MOORE (Police Inspector). On 1st May I was called to Courts' Bank about 5 o'clock, and found the prisoner detained there—I said "I am an inspector of police, and am going to accompany you at 7 p.m. to the Athenaeum Club, Pall Mall, to see Mr. Sawyer respecting a letter"—he said "I said nothing about Mr. Sawyer or the Athenaeum at 7"—I asked his name and address; he said "Richard Henry Wilkins, 63, Bevington Street, Hoxton;" I found that correct—I asked Mr. Phil-lips to repeat the statement the prisoner had made in his presence; be did so, and the prisoner said "No, what I said was the gentleman was waiting outside"—I said "What gentleman, Mr. Sawyer?"—he said "No, Mr. Truman; as I told the gentleman, I met him this morning at 9 a.m. outside Cold bath Fields, and had some beer, and then walked to Leicester Square; he bought some note-paper, and then wished to know where Messrs. Coutts' Bank was; I could not tell him, but we found out, and then returned to the City Road, where we were joined by Fred Oliver; he fetched a penny bottle of ink, and we all went to a beer-shop; Truman wrote the note, and asked me to take it to the bank, and, if anybody asked me where he came from, I was to say Mr. Sawyer or Mr. Brooks; we then all returned to the Strand, and I did so; I did not know what it was about"—I told him he would be
charged with attempting to obtain a cheque-book by a forged order; he made no reply.
Cross-examined. This was on a Monday—I was fetched from Scotland Yard, which is about 10 minutes' walk from the bank—I may hare got there a little before 5 o'clock—I saw the prisoner in a small back room; a constable who is not here was with him—I took him to Bow Street about 25 minutes to 6 o'clock; I had him there nearly three-quarters of an hour, because Mr. Shannon was out—he did not say "The man who gave roe that letter I can point out outside, and he has got the bottle of ink and the paper and envelopes;" nor did he say that the man was a stranger to him—he has told me since that he had. gone some time before with a named Oliver to see this man at Cold bath Fields Prison—he mentioned the name of Truman; be did not say that when he went with Oliver, Truman asked him to come and see him out on 1st May, as he had no friends to see him out," or anything to that effect—I did not takedown what he said—there is a recent order from Mr. Vincent that officers should take down what prisoners say—Oliver said at the police-station that he met the man at Cold bath Fields Prison that morning—he did not go before the Grand Jury; he was bound over—he said after he was charged "The man has appointed to meet a warder at the prison gates at 6 o'clock; the warder's name was not given—the prisoner afterwards said "It is not true"—I said "It is not true about the warder"—he said "No, it is wrong"—I have found out that Truman was discharged from Cold bath Fields that morning—the prisoner gave me his correct name and address, 53, Bevington Road, Hoxton—there is a St. John's Bow about 50 yards from there; there is also a St. John's Road in Hoxton, but it not near where the prisoner lives; there is a St. John's Road in Clerkenwell, and several others.
Re-examined. When he mentioned Oliver I found Oliver, who made a statement to me, and I put him into the witness-box—no solicitor con-ducted the case—I cannot find Truman.
ALFRED OLIVER . I live at 25, Graham Street, City Road—I know a man named Truman; I matte his acquaintance in Cold bath Fields Prison; we were both prisoners there; I came out on 29th October; I had not arranged to meet Truman when he came out; I went to see him with the prisoner about three months ago—I had an order for two—Truman said he was a stranger, and if we had an hour or two to spare would we meet him. on 1st May, when he came out, and on 1st May I went by myself, and he came out of prison about 10 am.—we all three went to a public-house at the corner of Exmouth Street—I remained. 10 minutes, and then left the prisoner and Truman together, and went to work; that was at a quarter past 10 o'clock—I left off work at 1 o'clock, and saw the prisoner and Truman again with an officer of the prison by the prison gates—we all went to Graham Street, except the officer, and Truman asked me if I would take a letter for him—I said that I should have to wait; he said "I will pay you a day's work;" the prisoner said "I will do it for you;" and then Truman asked me to buy him a bottle of ink, which I did, and took it to the beer-house at the corner of Exmouth Street—they went inside to write the letter, and I went to my dinner; I gave the ink to Truman—I went back to the public-house at about 10 minutes to 2 o'clock; the prisoner and Truman were there, and the letter was lying on the table folded up and addressed—I left
them and went back to work—I could not see to whom it was addressed; I can only read writing a little.
Cross-examined. I did not mention to the prisoner that I had got a visiting order for two; but he said he should like to go and see the prison—I know Truman, but the prisoner did not know him; he was a stranger—I had had the visiting order about two and a half months before 1st May—I stayed in Truman's company about 10 minutes after he was discharged, and left him and the prisoner and the prison warder chatting together a few yards from the prison gates—the warder is not here that I am aware of—it might hare been about 10 minutes past 1 o'clock when Truman asked me to deliver the letter—the prisoner said that sooner than I should lose my place he would take the letter for Truman, and Truman said that would do just as well—I told Truman that I could not take the letter for fear of getting the sack—the prisoner was a perfect stranger—whatever conversation passes in the prison when people go to visit their friends is in the presence of a warder.
GEORGE CULLETON . I am a stationer of 25, Cranbourne Street, Leicester Square—on 1st May, about 11 o'clock, a person whom I believe to be the prisoner, came and asked for some paper with a coronet on it—I had not got any; I told him that he might get some along the street—I saw some one waiting outside.
LORD FORTESCUE. I live at 20, Charles Street, Berkeley Square, and have an account at Coutts'—this is not my signature; it is a very bad imitation of it; it is more like my father's, but it is a bad imitation of that—I do not know the writing.
The prisoner received a good character.
GUILTY of uttering .—Strongly recommended to mercy by the Jury, believing him to have been led into it by Truman.— Two Months' Hard Labour.
MR. GRUBB offered no evidence.
NOT GUILTY .
THIRD COURT.—Tuesday, May 23rd, 1882.
Before Mr. Common Serjeant.
MESSRS. LLOYD and CRAUFURD Prosecuted.
WILLIAM OLDHAMPSTEAD (City (Detective). On 1st May, between 4 and 5 p.m., I with two other officers watched the prisoners from Holborn by way of the Viaduct, Cheapside, Old Change, Watling Street, and George Yard—Stevens went into Kennan's Hotel the back way, Wills went on to Queen Street—when Stevens left the bar I went in and spoke to the barmaid, who showed me a florin, which I marked K and returned to her—the prisoners joined each other in Pancras Lane, and went by the Mansion House, King William Street, and Eastcheap to Little Tower Street—Stevens went into the Ship Tavern—as ho came out I went in and spoke to the barmaid—from what she said I again followed them; they joined at the corner of Mark Lane—Smith arrested Wills and I arrested Stevens, who threw these two pieces down into a wine cellar; I held him
while the porter picked them up and gave them to me—when Smith caught Wills, Wills threw something from his right-hand pocket, which Scrivener picked up—they were coins wrapped up in white paper separately and put in brown paper—we took them to the station and charged them with uttering counterfeit coin—they made no answer.
FRANCIS SMITH (City Detective). I have heard the last witness's evidence—I agree with it—I saw him apprehend Stevens—I apprehended Wills—as I caught hold of his left arm he threw away something in paper which Scrivener picked up—I said "You will be charged with passing bad money "—he said "I know nothing about it."
ALFRED SCRIVENER (City Detective).I was with Oldhampstead and Smith—I saw Wills arrested—when Stevens went into Kennan's Hotel Wills waited in Pancras Lane, where Stevens joined him—I saw something pass between them, and they went into Queen Victoria Street and crossed over to the Mansion House—I beckoned to the other officers, and we followed them up King William Street to the Ship—Stevens looked through the glass door, and as three or four men came out of the bar he went in—Wills was standing in Tower Street—in about half a minute Stevens came out of the Ship, and we arrested him—as Smith took hold of him by his left arm Wills threw something from his right-hand coat pocket into the road—I picked it up and said "Have you any more of these about you?"—it was a paper parcel—he said "What is this?"—I told him he would be charged with uttering counterfeit coin—we took them to the station, where I undid the paper and found these two florins—they were marked by Oldhampstead "A1" and "A2"—I searched Stevens and found a florin, a shilling, and a sixpence silver, and 5 1/2 d. in bronze, good money.
EMILY HANCHARD . I am barmaid at the Ship, Little Tower Street—between 4 and 5 p.m. on 1st May I served Stevens with a small glass of lemonade—he tendered a bad florin—I said "This is a bad two-shilling piece"—he gave me a good one, and I gave him 1s. 6d. and 4d. change for the good one—I held the bad one in my hand and said "Would you mind my breaking it?"—he said "Certainly not"—I called the landlord, and he broke it between his teeth—Stevens went out and Oldhampstead came in immediately—I made a communication to him and he then went out—I handed the coin back to Stevens.
MARY ANN CATHERINE TAYLOR . I am barmaid at Kennan's Hotel, Cheapside—on 1st May, between 4 and 5 pm, I served Stevens with some lemonade—that would be 3d.—he handed me a florin—I threw it in the till and gave him If. 9d. change—no other florins were there—he drank his lemonade and went out—he had been to our bar several times, and we had found bad money after his visits—I do not say every time—Old-hampstead came in, and in consequence of what he said I handed him the florin I received from Stevens—he threw it on the counter and left it with me—I tested it—the detectives came the same afternoon and gave it to them—I saw them mark it K.
Wills's Defence. Stevens is a stranger to me. I could not throw the coins away because the policeman had hold of my arm.
Stevens's Defence. If I had passed bad money at Kennan's on several occasions they would have detected it.
GUILTY .— Twelve Months' Hard Labour each.
MESSRS. LLOYD and CRAUFURD Prosecuted;
MR. RIBTON Defended.
EMMA PLAYELL . I am the wife of Charles Playell, a baker, of 35, Great Cambridge Street, Hackney Road—between 8 and 9 pm on 6th May I served the prisoner with a threepenny loaf—she tendered a florin and I gave her 1s. 9d. change—I put it in the till—it was very bright—I afterwards discovered it was bad—on 13th May I saw my daughter serve her—I said to her "You are the woman that brings your bad money to me "—I told her the had passed bad money on the 11th, when it was given to my daughter—I did not see her on the 11th—I put that coin on one side with the other bad money—they were given to the constable—the florin tendered on the 11th remained on the mantelpiece till given to the police.
Cross-examined. I saw the prisoner on the 6th—I did not know it was bad when I took it—no other persons were in the shop—she took her loaf and went out—I have seen her on one or two occasions—I had not received any money before she came on the 6th—there was only a little change in the till—I took the change from the parlour mantelpiece to give her—I saw the prisoner when she was given into custody on the 13th—I first spoke to her when the policeman came in; I said "You are the party that gave me the bad florin"—she said she knew nothing about it—my husband gave the coin to the constable—I cannot say which of these coins she gave to me on the 6th—I said before the Magistrate that the florin remained on the mantelpiece till it was given to the police.
EMMA PLAYELL . I assist my mother in the business—on 11th May, about 8 am, while my mother was in the shop with a threepenny loaf, she gave me a florin—I gave her 1s. 9d. change—I put it in the till, where there was only small change—I afterwards put it on the mantel-piece—it looked rather queer, and I handed it to my mother—that was about a quarter of an hour after the prisoner left the shop—on 13th, May I served the prisoner with another loaf—she paid with a bad florin—I called my father; he sent for the police—I saw the coins given to the police.
CHARLES PLAYELL . I was in my shop on 13th May about 8 am—something was told me; and I asked my daughter, in the prisoner's presence, "Are you sure that is the party who tendered the two bad florins before?"—she and my wife both said they could swear she was the party—the prisoner said "I have never been in the shop before"—I gave the constable the florin, and I saw ray wife give him two that had been brought previously—I feel sure these are the three coins.
ROSE KONIK . My husband is a baker at 64, Hackney Road—on 12th May, about 10 pm, I served the prisoner with a half-quartern loaf, that would be 3d.—she paid me a florin—I tried it and felt suspicious of it, but put in the till and gave her change—no other money was in the till—my husband passed to serve another customer and found the bad florin, and it was put aside on a shelf in a cupboard till the next morning, when the policeman made inquiries—it was given to him—I went to the station on the 16th—I picked out the prisoner as the person who passed the florin—it is rather dark.
Cross-examined. I do not know how many other florins were in the house—there were some in the cash-box, which was locked up.
PHILIP KONIK . I am the husband of the last witness—I found the bad florin in the till—I showed it to my Missis, and put it under lock and key directly—I subsequently gave it to the constable—this looks like it.
CHARLES CHARITY (Policeman G 197). The prisoner was given into my charge on 13th May about 1.30 pm—I told her the charge was passing two bad florins, one on the 6th, the other on the 11th, and for uttering one on the 13th—she said she had never been in the shop before, and she did not know the one she was uttering was bad—Mr. Playell handed me the three florins produced—this one was taken up off the counter in my presence—the prisoner was taken to the station and searched—she had 11s. in silver and 5d. bronze, good money, in a purse.
Cross-examined. She said afterwards her husband gave them to her.
NOT GUILTY .
MESSRS. CRAUFURD and LLOYD Prosecuted.
WALTER JAMES . I live with my father, a labourer, at 20, Butler's Place, Dockhead, Bermondsey—on 27th April I met the prisoner and another boy named Waller in Bush Lane—I knew them—the prisoner said "Where do you work?" I said "At Truscott's, in Bush Lane;" he said "Will you go and fetch me a penny scone?" I said "Where?" he said "Go over to Whiteman's"—he gave me a 2s. bit—I went to White-man's, 125, Cannon Street, a confectioner's—I paid the 2s. piece for the scone to Mr. Charles Whiteman, and received 1s. 11d. change—I went back to the prisoner in Bush Lane and gave him the 1s.1d.—he gave me a halfpenny, and he walked down to the bottom of Bush Lane—Waller asked if I would get him one, and gave me another florin—I went to Whiteman's and bought another scone—Mr. Whiteman kept it but did not give me the scone—a policeman was sent for, and I went with them to where I left the prisoner and Waller, but they were gone.
CHARLES WHITEMAN . I am an assistant at a confectioner's, 125, Cannon Street—I Served James on 27th April—he handed me a florin—I was doubtful whether it was good, but took it and gave him the change—when James was gone I tried it and found it was bad—I put it by itself—James came in shortly afterwards and tendered another florin for another scone; I tried the florin and found it bad—I retained it and refused to give him the scone—I went with him for a constable—we went with the constable to Bush Lane—we did not' find the prisoner—I marked the coins at the station and handed them, to Inspector Downs—these are them—Bush Lane is about 20 yards from our shop.
JOHN ROWSE (City Policeman). I had a description of the prisoner from the boy, and found him on 30th April at 10, Butler's Place under the bed—I told him he would be taken in custody and charged with uttering a counterfeit coin to Mr. Whiteman, of 125, Cannon Street—he said "All right, I know all about it, you want the other man"—I was in plain clothes—I took him to the station—he was charged—he made no answer—Inspector Downs handed me the coins—I found nothing on the prisoner—I looked for the other man—he was in custody.
Prisoner's Defence. I was looking for work, and met Waller, who told me to tell the boy to get a scone. I did not know the coin was counterfeit I did not move from the spot.
GUILTY .— Six Months' Hard Labour.
MESSRS. LLOYD and CRAUFCRD Prosecuted.
MAY ROSCOE . I am assistant to Mr. Hooper, a linendraper, of 480, Oxford Street—on Friday, 23rd December, I served the prisoner with a small wool shawl for 6 3/4 d.—she gave me a half-crown—I examined it, saw it was bad, and gave it to Mr. Hooper—it was rather light.
Cross-examined by the Prisoner. Other customers were in the shop—no one tendered a half-crown.
JOSIAH HOOPER . Roscoe brought me a half-crown—I fetched a constable and told him the charge in the prisoner's presence—she said "I did not know it was bad"—he took her in custody with the half-crown.
JOHN BARRINGER (Policeman D 174). I was called and took the prisoner—she said a gentleman had given her two half-crowns—I said "What was the other coin?"—she opened her purse and produced this good florin—she was taken to the station, remanded, and discharged on 5th January—she gave her name Mary Ann Wright—I received this half-crown from Mr. Hooper.
LOUIS MORETTI . I keep a confectioner's shop at 227, Southampton Row—on 8th May, about 9 o'clock, the prisoner asked for two penny worth of cake—she handed me a shilling—I told her it was bad, and she had better be careful—she walked out of the shop—she said she had no more money—I gave her the bad shilling back and took back the cake—I next saw her passing with a constable on Wednesday, the 9th—I said to the constable "You have got the right woman; that is the woman who tried to pass a shilling on me"—she said she had never seen me before—she had a piece of sticking plaster on her nose when I saw her before, but none then—the shilling felt very queer and light.
JOHN HENRY WRIGHT . I keep the Fish public-house, Fisher Street, Holborn—on 10th May, about 10.15 pm, the prisoner paid for a half pint of stout and mild with good money—she afterwards tendered a bad florin for a half-quartern of gin in a bottle—I said "Do you know what you have got here?"—she said "A two-shilling piece"—I said "It is a bad one, it is no good"—she said she was not aware of it—I said "Have you got any more of them?"—she said "No, I have not got any money at all"—I put the coin down in front of her and fetched a policeman and gave him the coin.
Cross-examined. You had some plaster on your under lip, not on your nose.
JOSEPH DURHAM (Policeman E 511). I took the prisoner at Mr. Wright's shop—he gave me the coin—she said "I had it given to me"—3 recognised her from a description I had of her, and from having seen her in the Albion public-house, 7, Vernon Place, Southampton Row, on Monday night; that is about 80 yards from Moretti's house—she then had some plaster on the left side of her nose—passing Moretti's shop Moretti said "You have got the right one; she was in my shop on Monday night"—she was searched, and 1 1/2 d. in bronze and a large key was found on her.
Cross-examined. I have not said I saw you tipsy with another woman—I I took you to the threshold of the public-house but not inside—I asked the barman if he had seen you, and he said no.
She then PLEADED GUILTY to a conviction in August, 1880, at this Court of uttering counterfeit coin.— Eighteen Months' Hard Labour.
FOURTH COURT.—Tuesday, May 23rd, 1882.
Before Robert Malcolm Kerr, Esq.
MR. ROBERTSON Prosecuted
EMILY PARKER . I am the wife of James Parker, of 43, Hans Place, Sloane Street—on the morning of 21st April, a little after 1, I was going from Lincoln's Inn Fields, where I had gone to see my lawyer, and was looking for a cab, when I was suddenly thrown violently to the ground; I became insensible, and remember nothing more—I did not see any one coming towards me, I was attacked from behind, I cannot tell how—I had a purse in one hand containing 1l. 17s. and an umbrella in the other; I held the umbrella, but the purse was taken, and I have never seen it since.
THOMAS DICKINSON . I am a member of the Royal College of Surgeons—on 21st April I saw the prosecutrix—she was suffering from a deep cut on the top part of the head, and great contusions about the neck; she was in an utterly prostrate shattered state, which continued for many days—the bruises got worse, and for some days she was unable to move her head; she was very seriously ill for fourteen days, and was in serious danger; there were symptoms of erysipelas at one time, but they subsided under treatment—she is now in a fair way of recovery.
ANN ROBINSON . I am a widow, and live in a lodging-house in Thrawl Street, Spitalfields—on 21st April, about 1 in the afternoon, I was in Great Queen Street, Lincoln's Inn Fields; I saw the prosecutrix walking along, and I saw these two ruffians come up by the side of her—they made a snatch at something which she had in front of her, but did not succeed in getting it; they made another attempt, and either pushed or struck her, and she fell to the ground—they then rushed past me; I then ran to pick the lady up—I recognised Donovan as one of the two men when I saw him at the police-court on the 8th of this month; I could not recognise the other—I have an idea about him in my own mind, but I should not like to swear to him.
ARTHUR EDWARD COBNER . I am a printer, of 36, Binfield Street, York Road, Battersea—on 21st April, between 1 and 2, I was passing down Wyld Court, opposite the Freemasons' Tavern, and on turning round I saw the prosecutrix on the ground, and two men running away—I was about twelve yards away from them—the prisoners are the men I believe—I recognise Brown—I don't think I can recognise the other—I picked out Brown at Bow Street Police-court on the 27th—I had an opportunity of seeing him in Wyld Court; as he passed me he turned round, and I caught a glimpse of his face.
Donovan. Do you recognise me?
Witness. Yes, it was you who stopped me at the bottom of the court.
CHARLES BERRY (Police Sergeant E). On 21st April Mrs. Robinson gave me a description of two persons—the next morning I saw Brown at Bow Street Police-court on another charge—I had him placed among nine or ten other men, and he was picked out by Corner—on the 8th M this month I saw Donovan at Bow Street on another charge—I had-him placed with seven other men, and he was picked out by both Robinson and Corner—after Donovan was charged he said, "I was in Great Queen Street at the time the job was done, but I was not in the job; I received 11s. for my corner, but I don't know what Brown had; a man named Bunny gave me the money, and he told me he only had a dollar for himself. "
Brown's Defence. I was not near the place. I was working at Covent Garden Market that morning till about 10.30, and through the death of my mother I had a little drop of drink, as I had had a few shillings given me to pay the expenses of her burial. It was 20 minutes to 1 when I was locked up on another charge, and this happened at a quarter to 1.
GUILTY . Brown also PLEADED GUILTY to a previous conviction at Clerken-well Sessions in April, 1880.— Five Years' Penal Servitude each.
MR. ROBERTSON Prosecuted.
WILLIAM ENGLISH . I am assistant to G. and J. Morton, cutlers, of Cheapside—on 3rd May, between 6 and 7, the prisoner came up and produced a sporting knife, saying that he came from Messrs. Mappin Brothers: that they were out of that kind of knife, and had I any like them—I said "Not exactly"—I showed him one something like it—he asked me to put the price on a piece of paper—I put the prices of two or three knives on a piece of paper, and he went away with it—he returned in about a quarter of an hour and produced this order: (Read: "May 3rd, 1882. 67 and 68, King William Street. Gentlemen—If you will let me have a few sporting knives on approval, some black and some white, about the price you kindly sent me, I will return those not wanted in the course of a few minutes. J. H. B., for Mappin Brothers.") I handed the order to the manager, Mr. Smith, and selected the knives, wrapped them up, and gave them to the prisoner, believing the order to come from Messrs. Mappin—these (produced) are the knives.
JAMES MARSHALL SMITH . I am manager to Messrs. Morton—on 3rd May, this order was handed to me by English—I selected the sporting knives (produced) and pave them to English to give to the prisoner—when he left I followed him—he went down several streets towards St. Paul's—I then stopped him and told him he was going: the wrong way to Mappin's—he asked me to give him a chance—I gave him to a policeman.
JAMES BORWICK (City Policeman 562). The prisoner was given into my custody by Mr. Smith—he had these knives in his possession—on the way to the station he said a man had given him the letter to take to Messrs. Morton, and he was to meet him at the corner of the street—at the station he said he met the man at the Mansion House Railway Station,
That they went into a public-house and had something to drink, that the Man then sent him to Messrs. Morton's for a list of prices, Which he got returned; to hi, then he gave him the letter (produced) to go for the knives; he went, got them, and on his way to meet his friend he was given onto custody.
Prisoner's defence. The statement I made with regard to meeting the man is Perfectly correct. I was not aware it was a forgery. If I had not had a drop of drink I should never have gone on such an errand. I gave a description of the man at the police-court when I was charged.
GUILTY of uttering .— Twelve Month's Hard Labour.
MR. ROBERTON prosecuted.
MARTHA PHTILIPS . I live at King's Bench Walk, Southwark, and am the wife of William David Phillips—on Saturday night 6th May, between 9 and 10, I was with my husband by the Tower railings—we had been to the East End to fetch my little girl and we were coming home—on my way home I met the prisoner and three men—I had seen them before when I changed a Sovereign to pay for a glass of ale—afterwards I met my son, and I and my daughter were walking infront, and my husband and son and his young woman were following behind-the prisoner and three men crossed over "the road-the prisoner took me by sholder and gave me a blow on the face, then took hold of my bosom and took my handkerchief out and made my bosom bleed—I was sruggling with the woman on the ground and my little girl aged 14, handkerchief out of her hand—I did not have a fight with the prisoner—we had a struggle and I had dreadful blow in the face, and my face was bleeding—I had no bonnet or shawl on—I was knocked down and struggling underneath her-the handkerchief was as far down my bosom as it could be, and she took my clothes and tore them open to get the money—there was 19s. in the handkerchief and 5d. in coppers in my pocket—she ran towards where there was a lot of people—I went to two constables and said I should give her in charge, and they said "You have got your money, you had better go on home"—I went to another constable and he took her—the men got away—she said one was her husband—the prisoner ha got some distance from the place we were struggling among the crowd—I have no doubt about the prisoner being the women who knocked me down and took the money—I can swear to her—it was some minutes between the time we were struggling and when she was apprehended, but my husband had never left her—he was keeping the men from getting the money—they ran away when I talked about locking her up—I had not touched the woman before—I had never seen her before.
Cross examimned by the prisoner. My husband did not come up to you and hit you in the mouth, nor did I come to you and say you had accosted my husband and knock you down—it is false
that the first two constables would not take you up, and that then I went for another one—I was not pulling money out of my different pockets at the station-house and putting it into the hand-kerchief—we were not all three-parts drunk.
RACHEL PHILLIPS . I am 14 years old—on Saturday, 6th May, between 9.0 and 10.0 at night land my mother were walking home along by the Tower railings—my father and brother were following us about six paces behind—the prisoner came up and clawed mother by the shoulder into the road and tore open her breast and scratched her face and took the money from her—I snatched it out of her hand—I did not know the woman before.
WILLIAM DAVID PHILLIPS . I and my wife and little daughter and son were walking homewards in the neighbourhood of Tower Hill—my wife and daughter were in the front, I and my son behind—three men and the prisoner came towards us: just as they came to us they had a few wrangling words together, and the woman then took hold of my wife and pulled her into the road and knocked her down—I and my son ran up, the three men closed round us, and it took our time to keep them away—while my wife and the prisoner were struggling my wife said "The woman has got the money," I said "Look after it"—I saw my little girl snatch the money out of the prisoner's hand, and she said "I have got it"—if I and my son had not been there the men would have bad the money—they went away towards the public-house on the other side of the road—the woman went away and I followed her—there were two policemen there and I wanted to give her in charge: they said "You have the money, let the woman go"—I don't know if they saw the struggle take place: they were on the other side of the road, about 20 yards from the struggle.
Cross-examined. I did not come up and strike you or say "Hullo Sal," nor did you say "Get away"—I did not knock you down—I do not know if you asked for a doctor at the station house—I did not say "I have given her enough, let her go now. "
HENRY HARRISON (Policeman H 103). On Saturday 6th May, about 9.30,1 was at the London Dock gate, near the Mint—Mr. Phillips came up to me—I saw two City policemen standing between 20 and 30 yards from the crowd—I went to the crowd—there were a lot of people there—I saw the prisoner amongst them—I said I should take her into custody for knocking the woman down and robbing her—she said "If I did so why did not the other two men take me into custody?"—the woman and the husband were perfectly sober—at the station the prisoner complained of being knocked about and wanted to see a doctor—she was sober.
The Prisoner's Statement before the Magistrate. I have nothing to say; but even if I was hung tomorrow that man Phillips knocked me down first; the man was on the top of me and he was beating me; I was underneath all the lot, being kicked. I was all alone by myself, else I should have witnesses.
NOT GUILTY .
FORD PLEADED GUILTY .
MR. ROBERTSON Prosecuted;
GEORGE CLARKE (Inspector D). On 2nd May I was in the Edgware Road about a quarter past 5 in the morning by myself—I saw the prisoners there and followed them for some distance till I got to Earl Street, along which they turned—going along there some little distance to a little opening I stepped up quietly to Ford and asked him to step into the side street—when we got there I asked him what he had about him—he refused to let me see; but I caught hold of his coat and found these two long spoons—I then took him there and I called a constable to take Brandon—he was close by the side of Ford when I took him into this side street—they had walked side by side for about 250 yards—I did not have an opportunity of speaking to Brandon—I left him at the little side street and got the other constable to look after him—I have here eight spoons, six forks, two table knives, a pair of drawing compasses, a pen, and about 3s. 6d. in silver and about 5s. in bronze—all these were in the possession of Ford—Brandon was brought into the Molyneaux station, Edgware Road, about 10 minutes after I arrived there, by the constable whom I had sent after him—I told Brandon he would be charged with the other one with unlawful possession, and he said he knew nothing about them—he said "I was with him on saturday at the boat-race, I left him last night about 10 o'clock at a coffee-stall; I was on my way to Watford when I met him at a coffee-stall; he asked me to return with him"—he was searched, he had nothing that was identified as part of the property—he had 1/2 d. and some photographs, and a certificate of good character from Glasgow—the photographs had nothing to do with this matter.
Cross-examined. I found nothing on Brandon which was claimed by the people who lost the property—the certificate was from the Howe Machine Company in Glasgow—he came from Glasgow on the Sunday previous to the boat-race, and I have been told that he met Ford on his arrival and was with him all Sunday and Monday—it is perpectly true that he was with him on the Hanlan and Trickett boat-race day.
Re-examined. I have made inquires to see if his statements are correct I have seen his brother, at whose house he met Ford on the Sunday—he said the prisoner arrived from Glasgow on the Sunday morning; that he knew Ford and asked him to dinner because he was in poor circumstances, and that he came on Sunday and his brother came too, and they met and both slept at his house together—they went out on the Monday together and he expected them both on the Monday night—the certificate from the machine company, dated 22nd April this year, stated that the bearer had been in the employment two years, and had been a steady, industrious workman—communications have been made with the police at Glasgow and that document is found to be genuine.
WILLIAM BIERLEY (policeman D 195). On the May about 4.30 in the morning I was in the Edgeware Road by myself—I saw the last witness following the two prisoners, who were walking together side by side; there were other people about but not near them—the last witness told mw to follow Brandon—I followed him till I apprehended him—he said "I don't know what you stopped me for, I have done nothing"—I found on him five photographs, a steel chain, and duplicate—I took him to
the station—before I apprehended him he ran away 500 or 600 yards and I shouted out to him to stop and for people to stop him—he did net stop—I made after him and caught him.
Cross-examined. I saw Ford apprehended—the inspector shouted out to me in Brandon's hearing to arrest him.
AMY ROSELLA WOOD . I live at 3, Station Terrace, Kilburn Rise, and am assistant to my mother, Elizabeth Esther Wood, who keeps a grocer's shop there—on 1st May the shop was closed about 9 o'clock; the boy put the shutters up and I closed the windows and the door and locked it—the shop is in the front towards Station Terrace—there is no road or entrance at the back, but a small garden with a rather low wall, on the other side of which is a railway embankment—you can only get into the house from the back by coming over the wall—on 1st May I went to bed about 11 o'clock I think, leaving everything in the shop and house safe it far as I knew—I was not disturbed—I got up on the 2nd about half-past or a quarter to 8—when I came downstairs nothing was disturbed in the shop; but in the parlour at he back everything was in confusion—the cash box was broken open, there had been nothing in it the night before—there had been 8s. or 9s. in bronze and copper in that room—I saw it there myself; we missed that, but nothing else from that room—the windows there were all right—the door of the back room on the basement had been forced, and somebody had got in at the window, which was left open, the sash being drawn up—I saw that window was fastened the night before—a little piece of glass had been taken out of the pane next the division, so that anyone could put in their band from the outside and draw back the catch—the catch was taken off the inside of the door of the back room; that door had been closed and locked the night before—nothing was taken from that room, but from the front kitchen is the basement we missed the spoons and forks which were found on the prisoner—my mother lost six forks, eight spoons, some drawing instruments, a pair of scissors, and two table knives—these are the things—I never saw the prisoner until I saw him before the Magistrate on 9th May.
LEWIS LAIDLAW (Police Sergeant S). On 2nd May I examined the prosecutor's premises—I found the entry had been effected by getting on the railway, over the garden wall, into the basement, breaking a pane of glass, forcing a window and a door, going upstairs, and forcing the cupboard doors.
BRANDON— NOT GUILTY .
FORD*.— Two Years' Hard Labour.
576. THOMAS JOHN STEADMAN ROBBINS (17) PLEADED GUILTY to feloniously breaking and entering the dwelling-house of George Henry Farrington, and stealing six metal coins, five keys, and a knife, having been before convicted at the Mansion House on 26th September, 1881.— Six Months' Hard Labour.
578. ALEC HARTLAND (28) to a burglary in the dwelling-house of George Jackson, and stealing a watch, the property of Edgar Smith, having been before convicted at this Court in the name of Alexander Cruntz, in May, 1876.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
Before Mr. Justice Lopes.
MR. MONTAGU WILLIAMS Prosecuted;
MR. HORACE AVORY Defended The surgeon being unable to state whether the child was fully born at the time that the wounds were inflicted upon it, the COURT directed a verdict of NOT GUILTY .
MESSRS. MONTAGU WILLIAMS and HORACE AVORY Prosecuted; MR. POLLEN Defended.
JEFFERY LISNEY . I am a warder lately stationed at Wormwood Scrubs Prison—the prisoner was under my charge there on 1st April, in the large hall with 32 other convicts—he was under a sentence of penal servitude; I reported him to the governor on 1st April for a breach of discipline, talking while at work on 31st March—I took him to the governor at 10 o'clock, and the governor reprimanded him but gave him no punishment—the men were engaged at basket work, and at 10.351 gave orders to them to stop work, and they put their tools away all but the prisoner—among their tools each convict had a beating iron like this (produced)—it weighs 3lb.—I was armed with a sword—a convict, Julian Ames, was at my side and the prisoner was on my left front—I turned my head to the right to speak to soother convict and felt a blow at the back of my head—I had a cap on—I fell to the ground insensible, and when I became conscious I found myself bleeding from my head and supported by two convicts—this beating iron was on the ground by my side—the prisoner was facing me—he said "You are not going to report me for nothing"—the chief warder came in, and I was assisted from the hall by two warders and examined by the medical officer of the prison—I was confined to the house for three weeks, and am still suffering and not able to resume duty—nothing had taken place between me and the prisoner except what I have stated—there was also some injury to my head and cap, but that might have been caused in the fall.
By the COURT. Each of the 32 convicts had one of these beating irons, but if there was any disturbance I could give an alarm at once with a whistle—I was only two or three yards from the chief warder's office; it would only take a minute to get assistance.
JAMES JULIAN AMES . I am a prisoner at Wormwood Scrubs—on 1st April I was in the basket shop about 10 o'clock with other prisoners under Warder Lisney—I saw the prisoner leave the building with Lisney and go to the governor—he came back, and as he went to his work he said "He won't play with me for nothing, I will knock him on the head"—the other convicts made light of it, and he said "I will, by God!"—about 20 minutes afterwards I was standing by Lisney, and heard a loud report of a blow, and saw Lisney fall, with blood spurting from his head, which went over my clothes—the prisoner stood over him with this iron in his hand, just recovering himself from the stroke—he threw it on the ground, and said "You have done your best, I will do mine," with an oath, and went
to his seat—I picked Lisney up and gave Lim to two convicts to hold—I kicked the chapel door to give an alarm, and the chief warder came in and said "Who did this?" turning his eves to the prisoner, and before anybody could speak the prisoner said "No one seed me do it"—I picked the iron up and gave it to the chief warder.
ALEXANDER WALSH . I am a prisoner at Wormwood Scrubs—on 1st April I was engaged at basket work in the great hall with the prisoner and others, and heard the order to put away tools—I put mine away, and so did the other convicts; but the prisoner did not put his away, and I saw him watching the officer, who passed him, and he stepped from his seat and struck the officer a violent blow on the side of his head with a beating iron, which he threw to the ground, and it was picked up and given to the chief warder.
PATRICK FREDERICK WILLIAM KENNEDY . I am chief warder at Wormwood Scrubs—on April 1st, about 10.45, I heard a knocking at the door, went to the basket shop, and found the prisoners huddled together and Lisney being raised by two convicts; blood was flowing from the back of his head—I received information and seized the prisoner, but before I spoke to him he said "Nobody saw me do it"—I took him to the cells, and Ames gave me the beating iron.
By the COURT. It is usual for one warder to be in charge of 32 convicts armed in this way.
MICHAEL CLARE GARCIA . I am Governor of Wormwood Scrubs Prison—on 1st April at 10 am Lisney brought the prisoner before me, and reported him for talking when at labour in the basket-shop at 8 o'clock that morning contrary to rules—I reprimanded him, and he said that he had been very hardly treated at Portland Prison—I told him that he would have a chance of doing well—if he would behave himself and obey the rules I should see that he was fairly treated, and he might earn the remission which the State awarded for good conduct—I did not punish him at all—about half an hour afterwards I went into the hall, and saw him at work making baskets; about 10.45 I was in my office, and heard a great noise; I went down, and saw the chief warder holding the prisoner, taking him out of the basket shop; I investigated the matter, and made a report to the authorities—on the 17th April at the prisoner's request I made an order that he should have writing materials, and on the same day Kennedy, the chief warder, brought me this statement (produced) as being the prisoner's defence—I forwarded it to the Home Office; he was under sentence of seven years' penal servitude, and had served about three years of it-—it is usual in all convict prisons to have 32 convicts in charge of one warder, and in some cases I hare known 40 prisoners armed with very murderous weapons, pickaxes and shovels, in charge of one officer—at Dartmoor only the civil guard are armed with rifles; the officers in charge of prisoners are not allowed to be armed except with a small sword—I feel it my duty to say that the arrangements are such that each of us with a whistle can collect a force from different parts of the prison, and all arrangements are made for safety—if a warder was struck down some other warder might whistle.
TENNISON DIGHTON PATMORE . I am medical officer at Wormwood Scrubs prison-—on 1st April I was called to the basket shop, and saw Lisney apparently just recovering from insensibility; I found a lacerated wound 2 inches long at the back of his head, just above the base of his
skull, extending through the skin and tissues down to the bone, which was bruised—there had been a considerable flow of blood—he has recovered from the effects of the concussion, but for two days his life was in danger—his health and nervous system will suffer for the rest of his life.
Cross-examined. A blow with this iron inflicted with the prisoner's full force might smash a man's skull in altogether, and would be extremely likely to produce death—I do not think it was done with the absolute force which the man could wield, but it must have been a severe blow.
GUILTY on the Second Count . The Jury considered that there ought to have been two warden instead of one.— Five Years' Penal Servitude, to commence after the expiration of his present sentence .
MR. J. P. GRAIN Prosecuted;
MR. BESLEY Defended.
MAUD ELIZABETH WEDGERFIELD . I live at 3, Stanhope Terrace—on 10th May the prosecutrix was living with me, and the prisoner called to see her—I had never seen him before—I was not in the room when they first met, but I went in shortly afterwards—he asked her to go and live with him again; he said that he loved her, and would do anything in his power to keep her if she would give up the life she was then leading—she said that she could not decide; they were passing words to one another, and I said they had better come outside and not cause a disturbance in my room—we all went out, and had something to drink—he said on the road that he was very sorry for what had happened, and he would be different to her if she would give up the man and give up the life she was leading—she said she had no time to think it over; it had come upon her so suddenly—we got into the Hampstead Road, and I said,"I am going to see my sister;" they both said that they would accompany me—we went to my sister's, and on the road the prosecutrix wanted to go to Bow, I believe it was to see her uncle or her father, and I said, "You had better not till you have sent a telegram to your father," and she did so—she asked me not to leave her—the prisoner asked her whether she would come with him or whether she would not, and if she would give up the life she was leading; she said, "No;" and he suddenly took a razor from his pocket, opened it, and took hold of her by her shoulders as we were standing side by side, and said, "I will do for you or "for her;" and I took hold of his arm to prevent him from hurting her, and they struggled together—I called out to her to keep her hand to her throat, and went for assistance—they fell between the tramway and the kerb—I took her into a greengrocer's, and afterwards accompanied her to the hospital—the prisoner said to me, "You will be the next," or "I will serve you the same. "
Cross-examined. I have known her about six weeks; she lodged with me at 166, Hampstead Road—I went there last Saturday week, and allowed her to come with me—we removed to 3, Granville Terrace on the Wednesday following, 17th May—the landlady is not here—I had heard of the prisoner from Mrs. Furnell—I did not see him enter the house, as I went to do some shopping—he was not on his knees and crying when I went in—he did cry—he called her "Lily, my pet," and
she called him Nat—she spoke of me as Maud and he said, "I must call you Maud; I don't know your name;" I said, "My name is Mrs. Wedgerfield"—he said more than once, "If you have done wrong, I will forgive you freely if you will come back to me;" he also said "Do, Lily, come back; leave this life; it will kill you;" and I said, "Don't trifle with him; you see the man loves you better than his life;" and I called my landlady up, and explained that he had not called to see me, as she is very particular—he asked me if I would take her away; I said, "No;" but if she could be happy with him, it would be better to go back and live with him if she had no alternative; and I said in Hampstead Road that they might take a room and be happy, seeing how much he loved her—we had some refreshment at a public-house in the Morning ton Road on the way to my sister's—he told her to take a glass of what would do her good, and I had some—he was still pressing her to go back and live with him, saying he would make her happy, and do all he could for her—he repeated three or four times that he would work night and day for her—he said he had walked from Canterbury, which was so many miles, without anything to eat since he left the prison at Canterbury; that he had gone to my address at 166, and the police told him the name of the man who moved my boxes; he accused a brother of hers of break-ing into his house at Canterbury and taking away everything—I think he spoke of the brother for whom he had done so much, but they were all talking together; the telegram was not spoken of in his hearing; he asked her if she had sent it to her father or brother, and she said, "What is that to you?"—I told him it was to her father—I saw him kiss her in the washhouse at my sister's house several times; my sister's husband was lying down, and she did not want him disturbed; we were 10 minutes or a quarter of an hour in my sister's house; we came out and had nowhere to go until 4 o'clock, which was the time the prosecutrix had appointed to meet her father at Hampstead Road—we hadtwo hours, and we walked up Hampstead Road to the street where it happened—when he was pressing her, she said she had an appointment, but I don't remember what time—I suggested going home, but she said she had not time; she would go to Bow—I persuaded her not till her father came—when the prisoner was pressing her to return she said, "No; this life suits me better"—the prisoner had something to drink at the public-house, but-1 don't know what; after that about an hour elapsed before this occurred; we only made one visit to my sister's—I separated from them for five minutes to go to 166, to see if there was a letter for me—the injury to the prisoner's eye was done in his falling.
Re-examined. She was living with me as housekeeper—I took her out of kindness; she was useful to me, and I let her come to my rooms, as her father was so far away; she sometimes slept there, and sometimes she went out of an evening and returned in the morning.
CECILIA FURNELL . I am married—about 10 months before 18th May I had been living with the prisoner as his wife—he had been away for a month up to the 18th—on Thursday, 18th May, at 11 or 12 o'clock, I was coming home from shopping, and saw him coming out of Mrs. Wedger-field's gate towards me—he said "I want you"—I said "Will you come inside until Mrs. Wedgerfield returns?"—he came in and asked me to return to him—I said "I am waiting till Mrs. Wedgerfield returns"—she she returned and said "If there is going to be any difficulty settle it
outside"—I think the prisoner said "You have been leading an immoral life"—I said "No, I have not; I came up on the Saturday you were taken to my brother's on the Monday;" I saw him at work at Mr. Wynn Gardner's, Warwick Street, Regent Street—I did not tell him all that—he said "If you have done wrong I will forgive you"—we all three went outside, and in the Morning ton Road he said "Will you have something to drink?"—I said "No, I do not want it;" Mrs. Wedgerfield said "Yes, have a glass; it will do you good"—we afterwards walked towards Mrs. Wedger field's sisters, and he asked me several times if I would go and live with him, and I told him I had not had time to think—when we got to Edward Street I said to them both "I think I shall send a telegram to my father;" I went over to send it, and when I returned the prisoner said "Who have you sent it to, your father or your brother?"—I knew how passionate he is, so I gave no answer; he said "I expect you sent it to your father"—we then walked on to Mrs. Wedger field's sisters, and when we got into the washhouse he ran to me, and caught hold of me and said "I think you had better come back; I will work and keep you"—he did not kiss me—we then left and walked up the Hampstead Road, and at the corner of Granville Street Mrs. Wedgerfield asked me to go across to No. 166, and the prisoner said "If you go I shall go too;" but I ran across, and came back and told her there was no letter—she then went to the green grocer's, and left me and the prisoner together—he told me that he had got work at Olding's, and had walked all the way from Canterbury, and he thought it would be a great deal better for me to come back with him; I said "I have not time to think"—Mrs. Wedgerfield came across and said "Which come with me, she win mean it, and if she says 'No,' she will mean it;" and he said to me "Yes or no?"—I said "No, I will not go"—he clutched me round the waist outside the gateway—I got about two steps into the road between the kerb and the tram, and I saw something in his hand which I took to be a knife—he struck me at the back of my neck and I fell, and he fell also—somebody called out "Put your hand to your throat"—I did so, and then I saw it was a razor, and he cut me across the throat; this (produced) is the collar 1 was wearing, it is cut; my hand was also cut, and I was stunned—while the struggle was going on the prisoner said "I will do for you"—he then caught hold of me, and I ran in to a greengrocer's, bleeding—I was taken to University Hospital, and shall be an out-patient for some time—this is the razor; I know it, as he used it at Canterbury when we lived together.
Cross-examined. I have known him since August, 1880—he used not to spend many pounds a week on me; on the contrary, I parted with my things—there was once a disturbance between me and my husband; I don't recollect that ho kicked me and the prisoner interposed—I remember the prisoner being bound over to keep the peace towards my husband—Mr. Bayliss is a friend of his—I did not secure these two persons to be bail—I believe I asked my brother to be Bail—I have a brother named Edward—after he went to work in Conduit Street I met him now and then, and on one occasion after I met him I met my husband, and there was a charge next morning at Marlborough Street against my husband and me also—my husband got a summons against the prisoner for
wilful damage—I received a telegram to meet him at Charing Cross; I did not when he was at work at Norwood Fend my brother to him at Lewisham Road Station, to tell him that I would be at Charing Cross Station with my boxes, but I received a telegram from him to be there, and I was there—I did not then insist on going to Greenwich to live but we went there at the end of May or the beginning of June, and then went to the country—lie maintained me very poorly—my father came down; he was tidily dressed—the prisoner lived there with me a fortnight or three weeks, or it may be a little longer—I left him once, and went from Canterbury to Charing Cross—I had been hop-picking, and saved the money to come to London, and my landlady advised me to leave him in consequence of his brutality—before leaving Canterbury I pawned some stuff for a dress—the prisoner always paid the bills—after that his sister came and asked me to go back and live with him, and I went; he took a cottage for me—I did not tell him before going away that my only reason for leaving him was that I wanted a cottage of my own—he paid 3l. down for the cottage and 5s. a week for 16 weeks—my father only came once; that was after we had the cottage—I did not ask the prisoner to let me have money to send to my father; I only asked him for 2d. for a stamp—he did not promise to give my brother a new suit of clothes and boots and a shirt, to go to London—he said "If you work for me I will give you a new suit"—I remember our going to the Castle woods, near Canterbury, on a Sunday in April this year, and he lost his temper, just because I was making his dog carry something—we had beer and biscuits there—Mr. and Mrs. Perry, who live at Canter-bury, were with us—I remember a man from the Great Eastern coming and saying that a box had been sent on 4th April, and wanting to know what had been done with it; he gave it to me, and the prisoner took it out of my hand and began to read it—I said "That is my box"—he struck me, and attempted to use a knife, and my brother fetched a constable, who took him—I went before a Magistrate and said that I was in fear of my life; because I was in fear, and the prisoner was locked up for the assault; I believe he was fined 50s.—I then took my things, but nothing but my own, and did not see him again till 18th May—he did not kiss me; he tried to, and clutched hold of me—he didn't call me his pet and his darling; he did not say that such a life as I was leading would destroy me, nor did I say that it was a sort of life which suited me—I do not know what life he was referring to, and I said that I did not know what he meant—I slept out at my father's some nights—I think my throat was cut in the falling, and my hand while I was on the ground—I fell from the blow he gave me on the back of my neck—he had the razor in his hand; he did not use it before the blow—I have been to the hospital every day to have the wounds dressed.
JOHN WIGGINS . I am a cabinet maker—I was in Hampstead Road about 2.15 at the corner of Granville Street, and saw the prisoner and prosecutrix together—he struck her with his fist, and then they fell—it appeared a hard blow—I saw something in his hand which I took to be a knife; I ran up, stood for a moment, and took hold of him and shoved him off—I saw a stick by his side and hit him across the head with it, and he dropped a razor; I picked it up and gave it to a con-stable—there was blood on the blade and handle.
Cross-examined. I thought it was a forcible blow from the way she fell, and not merely caching her round the neck, but he fell with her.
DUDLEY WILMOT PUXTON . I am house-surgeon at University College Hospital—the prosecutrix was brought there on 8th May; she had a slight superficial cut across the throat, a very slight cut behind the angle of her jaw, a mere scratch, rind a cut behind the first and second fingers of the right hand, extending into the palm almost to the wrist, and another cut on the inner side of her hand—the cuts in the hand were not very deep; all the superficial parts were divided, but no artery—it was probably done by a razor—she has been in daily attendance at the hospital up to to-day, and will be for some weeks—I think she will get quite well.
GEORGE BRAZIER (Policeman). I was called and met the prisoner being held by some person; I took him and told him the charge, he said "I will go quietly"—I took him to the station, where he said that he did not remember anything after speaking to the woman in the Hampstead Road—I found a letter on him—I received the razor from Wiggins; it is smeared with blood, and this collar likewise.
Cross-examined. He was taken at 2.20, and we got to the police-station at 5 o'clock—he was excited.
The prisoner's statement before the Magistrate was that he was persuading her to return to live with him, and remembered no more till he found himself in custody.—
GUILTY on the Second Count. Recommended to mercy by the Jury .— Five Years' Penal Servitude.
THIRD COURT.—Wednesday, May 24th, 1882.
Before Mr. Recorder.
582. JOSEPH BROWN (21) PLEADED GUILTY to burglary in the dwelling-house of Thomas Marshall, and stealing two coats and other articles; and to a conviction of felony in June, 1876, at this Court.— Nine Months' Hard Labour. And
584. THOMAS KEALEY (48) and JOHN NASH (45) , Unlawfully conspiring by false pretences to procure a certificate for the discharge of Kealey from prison. Other Counts for conspiracy to prevent the due course of justice.
MR. BESLEY Prosecuted;
MR. J.P. GRAIN Defended.
HENRY ALFRED STACEY . I am Superintendent of Records in the London Bankruptcy Court—I produce the file of proceedings containing a petition for liquidation of his affairs, by Thomas Kealey, of 144, Portobello Road, Notting Hill, corn chandler, dated 23rd of November, 1880—the creditors amount to 1,000l., the vestry clerk of St. Mary Abbot's, Kensington, being a creditor for 10l. for rates and taxes—the first meeting was appointed at Ridler's Hotel, Holborn, on 13th December, 1880—one creditor was present, and there were three pioxies representing 226l., and proofs and assents 169l.—no resolution was carried—there is nothing further on the file from that time—no certificate has been registered—it never went beyond the first meeting.
before Mr. Ruce; C being sworn on 1st February before Mr. Wenn by John Nash. (B dated that Healey was unable to pay 8l. 18s. due for rates; C stated that Nash had seen Healey in Clerkenwell Prism on 31st January. I produce a certificate of discharge, which was made on production of those affidavits before the Registrar of the Clerkenwell County Court—it is addressed to the keepers, &c, of Hollo way Prison—I also produce, under the seal of the County Court, the original Order of the Registrar, dated 17th March—it recites that John Healey appeared by an agent—I do not know who the agent was—I do not know Nash.
CHARLES LEVICK RUCE . I live at 38, Nether wood Road, Kensington—I am a commissioner to administer oaths—the jurat on this affidavit (B) was written by myself; it is signed by the person who made oath before me—I do not know the defendants.
LIONEL ARTHUR WENN . I am a solicitor and commissioner, of 2, Bell Yard, Temple Bar—I wrote the jurat, and the affidavit (C) was sworn before me by Nash—he had sworn an affidavit before—I do not knot what he is—I cannot tell the time he swore it—I do not know his address—I do not know his writing—he may have sworn many affidavits, but I cannot say; the jurat is all I go by.
JOHN BILLEN (Policeman TR 27). I execute warrants for enforcing the payment of rates due to St. Mary Abbots, Kensington—Kealey occupied 144, Portobello Road, Notting Hill, as a corn chandler—I have known him about nine months—on 7th December I issued a summons to show cause why he should not be taken to prison, and on the 10th December a warrant was obtained to be executed after 28 days—it was put into my hands about 12th January, 1882; I went to the shop and found it open—between 12th and 31st of January I called thereabout five times with the warrant to take him into custody—on 31st January, between 1 and 2, I met him in High Street, Notting Hill, about half a mile from his shop; I told him I held a warrant of commitment for the rate, and should take him to Holloway Prison—he said "Very well, I have no money," or words to that effect—I kept him in custody till I handed him over to the officers at Holloway Prison—he had no opportunity of going to Mr. Ruce to swear an affidavit—he said nothing about that, or applying to the County Court—I do not know Nash.
EDWARD STEPNEY MILMAN . I am a retired lieutenant-colonel in the Army, and Governor of Her Majesty's Prison at Holloway—I produce warrant of commitment of Healey to prison—I received him on 31st January about 1.20,1 see by my gate-book, which is kept by the gate-keeper, and brought to me about 10 the following morning, when the visits are ticked off by the visiting orders—no visitor is admitted after 4 o'clock without special permission from me or my deputy—I gave no permission to Nash to come into the prison—the names of all visitors are entered—there is no entry of Nash on 31st January or 1st February—I produce the original certificate upon which Healey was discharged—he left at 3. 45 pm on 1st February.
Cross-examined. On 31st January we had a prisoner named Morris Schott—he was discharged by an Order of Court at 5.30, and taken into custody by Sergeant Moser—an entry shows that Moser was there after 4 o'clock, but he had been there some time—some one was with him who did not pass through the gate—I have no entry of Metcalfe, or of those who remained in the lodge.
Re-examined. If Metcalfe had gone into the prison his name would appear in the book, according to our rules—if he remained in the lodge it would not—I do not see the time when Moser came, but he went away at 5.35 pm—he was kept waiting on while we telegraphed to Scotland Yard to know whether Schott was to be delivered to Moser or to another detective—the names of the prisoners appear on the right of the book, and the visitors on the left—if Nash had gone into the prison his name would have appeared.
ALFRED COE . I am one of the gate keepers at Holloway Prison—the book produced is kept by me—on 31st January I was on duty at the gate—all the entries on that day are mine except one at 1.10—no person was admitted to see Kealey—the name of Nash does not appear.
Cross-examined. I keep a slate—I very seldom use it, but chiefly to put down the numbers of constables who bring prisoners—I sometimes put down criminals' names on it till I know whether persons are entitled to visit them—I see Mr. Metcalfe and Mr. Moser in Court—they came on 31st January—I could not say whether Nash came to the prison—he did not go in—I did not ask Nash his address—he did not say it was Carthew Road, Hammersmith—Moser was in the lodge with Metcalfe—Moser did not enter the prison—his name appears, because he took a prisoner into custody.
Re-examined. I knew Moser—his prisoner was discharged at the lodge—there is about 10 yards between the prison and the lodge—Nash did not go there—criminals are restricted to one visitor in three months, debtors once a week—Kealey was not brought out for Nash to see him—there was no visitor to Kealey that day.
REUBEN GREEN . I am vestry clerk of St. Mary Abbots, Kensington—the collectors of rates account to me—Kealey owed 10l. for rates—on 23rd November I got this notice of liquidation produced, after which he was discharged from payment—on 16th April, 1881, a further sum was due of 8l. 18s. in respect of the same premises, 144, Portobello Road, payable in advance—he made no payment, and a summons was taken out—on 12th December the trustees agreed to give 28 days before using process, the costs being then 9s.6d.
Cross-examined. I have not had any conversation with Kealey since November 1880.
JOHN FRENCH . I am a collector of rates for St. Mary Abbots—I endeavoured to collect from Kealey 8l. 18s. many times—he said he was in liquidation—a summons was issued, he never paid—he was excused from paying certain rates to November, 1880.
RICHARD RUDMAN . I am assistant secretary to the Notting Hill Philanthropic Society—Kealey was one of the visitors—it was his duty to serve orders upon tradesmen—the signatures produced are his to the best of my belief—I do not know Nash.
Witnesses for the Defence.
MORRIS MOSER (Police Inspector). On 31st January I went to Holloway Prison to arrest Morris Schott in company with Mr. Metcalfe, a clerk of Messrs. Rosenthal, the solicitors conducting the proceedings in that case, about 4.15 pm—I had been there the previous Saturday with Metcalfe—I passed through the gate and into the lodge—Nash came in after wards—the gatekeeper asked him what he wanted—he said "I am clerk to a solicitor," and, naming a name I could not catch, the gatekeeper
said "It is rather late," and asked him his name and address and put it on a slate—a conversation ensued between Metcalfe and Nash which I did not listen to—the gatekeeper went out and came back again, and then Nash went out—I could not see where.
Cross-examined. I had to wait an hour and a half in the lodge—I was not allowed to enter the prison—I did not see Kealey.
ERNEST METCALFE . I am a clerk to Messrs. Rosenthal, the solicitors who had the conduct of Schott's matter—on 31st January I was at Holloway Prison with Moser—I did not know Nash—I had heard some-thing about Kealey—he was a creditor in the bankruptcy case—I remember Nash being let into the lodge—in answer to the gatekeeper Nash said lie was a solicitor's clerk—he gave a name which laid not pay attention to—he said he had come to see Thomas Kealey—the gatekeeper went out of the room—I said to Nash "That is not Thomas Kealey, of Portobello Road?"—he said "It is"—I said "I am sorry for Kealey, I Know him"—the gatekeeper came back and said "Will you give me your name and address," and he took up a slate with a pencil attached and he gave him some name at Carthew Road, Hammersmith—the gate-keeper wrote it on the slate, and Nash left with him—I met Nash two days afterwards and asked him if Kealey had got out, and he said "Yes"—up to that time Nash was a stranger to me.
Cross-examined. I doubted Nash being a solicitor's clerk, as he evidently did not know the name of the solicitor, and Coe said to me it was rather extraordinary—Nash certainly did not go straight out of the prison when he left the lodge, because he did not go in that direction—I am speaking of some time after 4 o'clock—I did not see Kealey—I went away with Moser and Schott to King's Cross Road—Schott preferred to walk a little way as he wanted fresh air, so Moser did not take a cab till late—we were about half an hour going—we were at the prison about an hour and a half.
NOT GUILTY .
585. JOSEPH POPE (19) and JAMES POPE (18) , Unlawfully attempting to break and enter the dwelling-house of William West and another. Second Count unlawfully having in their possession certain instruments of housebreaking.
WILLIAM PECKHAM (Policeman B 242). On 25th April, I was on duty in Pimlico—I saw the prisoner in Sussex Street about 3.30 am—I had pre-viously received some instructions, and followed the prisoners into Winchester Street, where I met another constable, Hill—we followed them a little farther and then stopped them—I said "What are you doing out this time in the morning?"—Joseph said "That is my business"—we took them to the station—I searched James—I found on him this bed-wrench, brace-handle, two keys, and some silent matches—James said he had picked up the bed-wrench and this handle.
Cross-examined by Joseph. We stopped you in Rutland Street—we did not search you there—we charged you with loitering—I did not see you drop anything—it was just breaking day—I was three yards behind you—this bit was dropped in front of me—the other constable picked it up—I did not hear him say to your mother outside the Court, that it was his light that shone in her bedroom on Friday night.
3.30 am on 25th April, when Peckham came up to me—he was following the prisoners towards Rutland Street—I followed with him to the top of Winchester Street, where we stopped the prisoners—I asked them what they were doing at that time in the morning—they said they came out for a run—I took Joseph into custody—on the way to the station he dropped this centre-bit in Elizabeth Street—I heard it drop and I picked it up—he said "I told you not to put anything into my pocket"—I searched Joseph at the station—I found these latch-keys.
THOMAS DYSON (Policeman B 268). On Saturday morning, 22nd April, I was on duty in Warwick Street, Pimlico, about 1.15 am—I saw the prisoners near West's the draper's, walking towards Vauxhall Bridge Road from West's—I know them by sight pretty well—I saw them at 10 minutes to 3 the same morning at the same place, and coming in the same direction, about 30 yards from West's—I said "What do you mean by loitering about, this time in the morning?"—the third man who is not in custody said "I was at the theatre last night and was locked out"—another one said "I was not locked out but I was keeping him company"—I said "Is your name Pope?"—he said "No"—I said "I am not satisfied with your being about my beat this time in the morning"—when I came to West's I found four holes bored through the panel of the door—this centre-bit corresponds with the holes—I took the measurement—I called up Kistruck, who was in charge of the premises—I had passed West's about 20 minutes to 3, and I saw the prisoners at 10 minutes to 3, and I passed again at 3 o'clock—the place was all right before—I worked in Denbigh Street, which would make it about 10 minutes.
Crow-examined by Joseph. I have not said that I spoke to you at the corner of Belgrave Road and Warwick Street—you were pointed out to me in Churton Street—I had a description of you.
Cross-examined by James. You were walking slowly, about three miles an hour, when I saw you both times—you did not look bulky or I should have taken you into custody then.
JOHN KISTRUCK . I am assistant to West Brothers, drapers—I saw the premises safe at 11.15 pm on Friday, the 21st April—I was aroused by Dyson—I came down and found the holes in the shutter—I was present when the instrument was compared with the marks—they corresponded—some of the holes went into one another.
Cross-examined by James. The constable called me up about 3 o'clock and showed me the holes.
Joseph's Statement before the Magistrate. "My brother found that bed-key and bed-knob. He put them in his pocket and of course they were found on us. That centre-bit they say was found on me, but I deny it. When we were stopped at Rutland Street, we were closely searched; our pockets were turned inside out, and our waist-coats felt in each one, and on our road to the station this bit was either on the ground or was dropped by the police, and he picked it up and said I was not tricky enough. "
Witness for the Defence.
HANNAH POPE . I am the prisoners' mother—on Friday, 21st of April, they came in at 9.30 pm, and were called out about 10—I saw them in bed at 3.25am, when I was awoke by somebody talking outside the door, and I was startled by a policeman's light which shone into my room—I went downstairs to see if they were in, and my four sons were asleep
in the same room—outside the police-court Dyson said he followed Joseph home, and it was his light that shone into my bedroom—I told him he knew then what I said was correct, that the time was 3.25.
Cross-examined. We had a clock in the kitchen, but the door was locked—from 10 pm I knew nothing of them till I was aroused by the policeman's lantern.
GUILTY* on Second Count.
JAMES also PLEADED GUILTY* to a conviction of felony in January last at Clerkenwell.— Six Months' Hard Labour each.
MR. JONES LEWIS Prosecuted.
RAYMOND DOWLING . I am a Custom House officer, and live at Tower Hill—on 10th May, about 10.30 p.m, I was walking down Mint Street—I saw three men running in an opposite direction—I heard footsteps, and Sullivan caught hold of the nape of my neck, another had me by the back, and Marney tried to get my watch, but I was too strong for him—I lost a 2s. bit—Sullivan put his hand in my pocket and took it—I cried "Stop thief"—I was hurt by being pressed against the wall—they all ran away—two lamps were alight and an additional light was over the lobby door of the house close by—I was bruised in the shoulder—a policeman came up—I complained to him and he ran in the direction Marney had gone.
Cross-examined by Sullivan. I said before the Magistrate that you took my 2s.—I did not see you again that night—I was passing the Crown and Seven Stars—there is no roadway, the place is in ruins, and people go all over it—I cannot tell how many people were there.
Cross-examined by Marney. You pinned me against the wall—you held me with one hand—I mentioned about my watch at the station.
RICHARD BARBER (Policeman H 244). About 10.30 p.m on 10th May I was in Blue Anchor Yard, Royal Mint Street—I heard cries of "Stop thief"—I saw Sullivan running, and endeavoured to stop him, but he shot past me and ran down a court—I ran after him—I heard some money drop—he was stopped by another constable—I searched the place where I heard the money and found a florin—I assisted to take Sullivan to the station—he was very violent.
WILLIAM AUSTIN (Policeman H 168). I was on duty near the London Dock—I heard cries of "Stop thief," and saw Sullivan running—I stooped down in an arch—he turned sharply round and got into Nightingale Lane—I saw Barber behind him—in 200 yards I caught him—he struggled violently—another constable came up—we took him back to Blue Anchor Yard—underneath the arch, where it was dark, he made another desperate effort to get away, and called out "The s—s have got me now, come and help me—I was obliged to throw him to keep him till assistance came—I then took him to the station—I saw the prosecutor at the top of Blue Anchor Yard.
Cross-examined by Sullivan. I put my foot in front of you and you went over it—I pulled out my staff—the only blood came from your lip when I I ripped you on the stones.
duty—I saw three men opposite the Crown and Seven Stars, suddenly dart across the road—I ran up quietly and heard some one shout "you d—cowards"—I turned the corner and saw the prisoners holding the prosecutor—they ran down Blue Anchor Yard—I ran after them—Sullivan turned to the right and Harney and Evans to the left into a house where the door was open—I followed thorn, closed the door, and Bent for assistance—Marney went on the right-hand side of the fireplace and Evans on the left—they got up and were going to the back door, when I caught the two of them—we struggled—I held Marney, but Evans got through the doorway—I drew my staff and told Marney if he moved I would knock him down—I brought him outside, and found Sullivan in custody—they were taken to the station—on the 12th I picked Evans out from eight others.
WILLIAM SHERRINGTON (Policeman H 128). I arrested Evans about 9.30 on 12th May in St. George's Street; I told him I should take him into custody on suspicion of being concerned with two others in robbing a man the night before last in Royal Mint Street—he said "I know nothing about it"—at the police-station he was placed with others, and identified by Armstrong—on the 10th I was on duty in St. George's Street when I saw Marney and Evans causing a disturbance with another one about 10 o'clock.
Witnesses for Evans.
JANE REGIN . I live at 80, Margaret Street, and work in a seed ware-house—Evans is not the man who ran into our house; it was a man named Kelly, and Marney—the policeman took Marney, and I have not seen Kelly since—I heard Evans had been taken up on the Friday—I was before the Magistrate; that is the first time I ever saw him—Evans's wife asked me if I knew the man who was in my house with Marney—I should know Kelly out of 100 men.
Cross-examined by Marney. You ran into my house at full speed—I know you by sight.
KATHERINE FOLEY . I am a servant, and live at 170, Spinster Terrace—on 10th of May I and two young men were with Evans from 9.30 to 11.30 p.m in Skipper's and the Bed House—they are a good distance from the Crown and Seven Stars.
Sullivan's Defence. I have known the prosecutor 18 years, and have lived alongside him four years. I should not commit a criminal act against him. He would not come up against me only the constables teased him.
Marney's Defence. I was drunk, and the policeman pushed me into the house, and threatened to knock my brains out if I moved. I do not live 50 yards away.
Evans's Defence. At the station the prosecutor said he would not charge me; the police urged him on. I am in for a man named Kelly. I am innocent.
SULLIVAN— GUILTY .
He also PLEADED GUILTY* to a conviction of felony in February, 1875,at Clerkenwell.— Fifteen Months' Hard Labour.
MARNEY— GUILTY.— Twelve Months' Hard Labour.
EVANS— NOT GUILTY .
FOURTH COURT.—Wednesday, May 24 th, 1882.
Before Mr. Common Serjeant.
MR. ROUMIEU Prosecuted.
LOUIS LANGLEY (Policeman T 508). About 1 a.m on 3rd May the prosecutor came to the Chelsea Police-station, and in consequence of what he said, I went to 38, Arthur Street, and told the prisoner that I should take her into custody for cutting and wounding the prosecutor—she said "This is something;" she was the worse for drink, and was lying on the floor asleep when I went in—I found this knife (produced) on the dresser near where she was lying—on the way to the station she said "He is a fearful blackguard when he likes; lie struck me twice in the side"—the prisoner had also been drinking—I saw the wound—he had on two coats, and there was a hole through both—the surgeon was sent for.
By the COURT. It was a living and sleeping room, and the knife was lying exposed on the edge of the dresser or cupboard.
The Prisoner. I used that knife after dinner to cut up some cat's-meat for the cats, and never saw it again till it was produced at the police-court.
JOSEPH FRANCIS TROTTER. I am a warehouseman, of 38, Arthur Street, Chelsea—between 9 and 10 o'clock on 2nd May, me and my wife went into the Marlborough to have something to drink; it is kept by Mr. James—we just got in when the prisoner began kicking up a row, and Mr. James had to send for a constable—I was so surprised to see her the worse for drink that I did not pay much attention to her language—she spoke to me and my mates—I said to her "You look the worse for drink; look at your shawl, it is all over white; look at your necktie—the policeman took her away—I don't know who fetched him—she returned to the public-house, and the policeman told her she must go either home or to Walton Street Police-station—I had no conversation with her when she returned—I was not drunk then—the prisoner is not married to me—I remained at the public-house almost till they closed—I walked about and didn't like to go home; I didn't see any light in the room—I went home about 1 o'clock, and directly I got into the room the prisoner up with something, I don't know what, and then I found I was stubbed here (Pointing to his arm)—I had on two coats—I found the blood was running, and the arm paining me—I went to the workhouse and then to the police-station—I say I nothing to the prisoner before I was stabbed—she was the worse for drink—there was no caudle alight—the constable tried to stop the blood first, and bathed it, and then sent for the doctor, who came and dressed it—I suppose it was about 2 o'clock when I was at the police-station—I had not put anything round it.
Cross-examined by the Prisoner. I did not call you a b——coward, and a b—w—I only said to you "What did you want to go on for so in the Marlborough like you did?"—I did not strike you twice and pull the sleeve out of your diets.
By the COURT. I pushed her and she fell over the table, and had to go to the hospital—I said I was very sorry, but that if she had not been
80 violent it would not have happened; that was 18 months ago—I have been living with her getting on for three years—my wife is dead; I have no children—I have been to see her at her work to ask her for money to get my dinner—she is a laundry woman—I don't know what she earned.
RICHARD THOMAS DANIEL . I am a surgeon of 20, Cathcart Street, South Kensington—I was called to the Chelsea Police-station about 1 o'clock a.m on 3rd May, when I examined the prosecutor—he had an incised wound on the upper part of the left arm about an inch long and three-eighths deep—it was bleeding very freely—there was an opening in the coat corresponding with the wound—it was caused by a sharp instrument—this knife would be likely to cause it—it would require a great deal of force to produce it; I dressed the wound, and have not seen it since—he was under the influence of drink.
WILLIAM BUTCHER . I am a rag porter, of 18, Little College Street, Chelsea—I went with the prosecutor when he left work to the Marl-borough on the evening in question—theprisoner came in and said to the prosecutor "You f—old s—d I will make you pay for this," and she also called us the same—Mr. James, the publican, said "If you use that language again I will have you put out—the prosecutor previously said "You seem as if you had been pulled about, by the look of your shawl"—she said "No, I have not"—he said "You have," and she said "I will make you pay for this"—Mr. James had her put out; she was much the worse for drink; she could steady herself—a policeman took a stone out of her hand; she was going to break the window—after she was put out she came in again, and said again "I will make you pay for this, you old s—d; "she said nothing more.
By the COURT. I did not say at the police-court that she said anything more.
By the Prisoner. I may have been taken home drunk by a woman.
By the COURT. I had only a drink of beer at the public-house—I stopped there till after 11 o'clock—it was just upon 10 when I went in—we generally pay for a pot of beer each.
The Prisoner's Statement before the Magistrate. "The person next door heard him abuse me when he came in."
Witness for the Defence.
MARY HARRIET HORGAN . I live at 10, Wellington Buildings, and am the prisoner's sister—the prosecutor has ill-treated my sister dreadfully—I have had her at my house for a week, and he has come four or five limes on a Sunday and insulted me when I have denied my sister.
Prisoner's Defence. He is a great brute to me. I have nothing but what I work hard for.
GUILTY of unlawfully wounding. Recommended to mercy by the Jury .— Three Months' Hard Labour.
MR. HOFFMIESTER Prosecuted;
MR. WILME Defended.
ABRAHAM SIMMONS . I am a coach builder of 79, Pentonville Road—on the 28th April, about 11.40 p.m, I was in Cromer Street, when I saw the constable Knight in plain clothes—I was speaking to him, and while talking to him the prisoner and another man came up to me, and the prisoner knocked me down by a terrific blow—it smashed in my hat, and when I was down he jumped on me—I had a great coat on, and he tore
the buttons open and took 7s. 6d. which I bad in my waistcoat pocket, from me—I have been ill ever since, and under medical treatment—I saw him in a public-house in the same street farther up 20 minutes after—the constable in plain clothes lifted me and went after the prisoner.
Cross-examined. My hat was not knocked exactly over my eyes—it was a heavy blow, and it rested on my nose—the two men were together, but the prisoner knocked me down—the other man must have done nothing—I saw the prisoner as plainly as I see you—this was just a few doors up Gray's Inn Road—it is not a small street; it is a public thoroughfare with shops, and there were lights, so I could see him—it was quite the reverse of being dark—I never saw the prisoner before—I afterwards saw him in a public-house with the constable and another gentleman—I cannot say whether he was surprised at the charge—I have been under medical treatment ever since—I am 82 years old—I was nearly killed.
Re-examined. The men rushed at me—my hat was off after he knocked it in—he had his knees on my stomach—I am almost certain he had on the same muffler as now—two of my teeth came out five or six days after—I cannot say whether he struck me with anything except his fist it was a very heavy blow, I assure you—I saw nothing in his hand.
HENRY KNIGHT (Policeman G 302). I was in Cromer Street at the time in question talking to the prosecutor, when the prisoner deliberately came up in company with another man and struck him a blow on the head with his fist—they both fell together, and were grappling together with each other on the ground—I went to the prosecutor's assistance and got the prisoner off, and he went away—about half an hour afterwards I got the assistance of a uniform man, and went to a public-house with the prosecutor and apprehended the prisoner—he did not say anything when I apprehended him—I charged him—I knew him before—I am quite sure he is one of the two men—I did not see anything taken from the prosecutor—the other man never touched him—the prisoner is the man that grappled with him.
Cross-examined. The prisoner came up with a rush—he did not stand before he rushed at him—there was no woman there—the man did not appear to be drunk—the other man closed behind with the prisoner—they both ran away—I never saw the other man touch the prosecutor—it was near 12 o'clock—Cromer Street is a dark street; the nearest light is about 12 yards off—when I charged the prisoner he said "It was the other man"—he used some such words as "Iam quite innocent; they have mistaken the man," I cannot positively say the words—he said "You have got the wrong man"—the prisoner was standing with about a dozen others in a public-house talking together—he made no resistance—I have no doubt about his being the man—when he was searched at the station 6d. was found on him and 3d. in bronze.
Re-examined. It was about 20 minutes or half an hour after the occurrence that I apprehended him—the public-house is in Cromer Street about 50 yards from the spot.
By the JURY. I knew the prisoner before—there was enough light in Cromer Street to recognise anybody—they are mostly private houses—there were gas lamps on the other side.
The Prisoner's Statement before the Magistrate." I am quite innocent. They have mistaken the man. "
GUILTY .— Eighteen Months' Hard Labour.
Before Mr. Justice Manisty.
MESSRS. POLAND and HORACE AVORY Prosecuted;
MR. MONTAGU WILLIAMS Defended.
NOT GUILTY .
There were other indictments for indecent assaults , upon which no evidence was offered. NOT GUILTY .
NEW COURT.—Thursday, May 25th, 1882.
For cases tried this day see Essex and Surrey cases.
THIRD COURT.—Thursday, May 25th, 1882.
Before Mr. Recorder.
MR. SIMS, for the prosecution, offered no evidence.
NOT GUILTY .
FOURTH COURT.—Thursday, May 25th, 1882.
Before Mr. Common Serjeant.
RICKARD PLEADED GUILTY to the larceny, and to a previous conviction.
MR. RAVEN Prosecuted.
FREDERICK HOLTON . I am a butcher of 153, High Street, Brentford—Rickard worked for me for 12 months, 12 months ago—on Thursday night, 4th May, I went to bed about 11 o'clock, having gone round the house, closed all the doors, and seen everything right as usual—the back door would not lock, but it shut so that it could not be opened from the outside without something to wrench it open—I keep my day's takings in the parlour at the back of the shop—I put it in a bowl and a bag in a drawer in my writing desk which is not locked, the key is in it—it was all silver, 4l. in this canvas bag and 4l. in a bowl, both in the drawer—I did not hear anything that night; I came down at a quarter to 6 the next morning and found the back door open—I looked at the drawer, and the bowl and bag were gone and three 5s. packets of half-pence also—another bowl which stood there with some loose halfpence was not gone—I kept them all in the same drawer—no one can get in through this back door unless they get over the back wall 7 feet high, and they would have to get through a stable at the back of that—the stable is closed, but the next door people take in boat horses, and as these horses sometimes go out early in the morning, people might come through the stable and over the wall—from the back door you would have to come up one flight of stairs to the parlour—Rickards had been in my employ on these premises for 12 months—a kitchen chair had been taken into the garden and was against the wall for them to get over with—there were foot-prints—I had seen the money safe at 10.0 the night before—I sent information to the police at 7 o'clock.
Cross-examined by Richard. I am positive the door was pushed right to when I went to bed so that nobody could open it unless they had something to wrench it open with.
Cross-examined by Chuter. I don't know you—I have seen you standing about the streets daily for weeks with Rickard—I do not remember seeing you the day before this occurred—when I saw you were loitering about the streets and against corners of the houses as if you had nothing to do.
By the JURY. I think the footmarks were only those of one person—they were on a flower garden—they looked similar to a footmark of a person without shoes, a wide foot and very short.
ALFRED WARD (Detective T). On Friday, 5th May, I received information and began making inquiries—I went to Mr. Holton's and examined the premises and satisfied myself how the entry had been effected—there is a stable at the rear of an adjoining house, and it was by passing through that and the yard, and mounting a 7-feet wall, getting into the area of the prosecutor's premises and in by the kitchen door—I noticed several foot impressions in the loose mould where flowers were growing, they were apparently shoeless, there were no boot marks—there were different footmarks, some were larger than others—the drawer in which the money had been was pointed out to me—at 10 o'clock on the same night, the 5th, I met the prisoners together in the Lower Butts, Brentford, which is about 300 yards from the prosecutor's place, they were going in the direction of the Town Hall—I stopped Rickard, who knew me, and said "Where have you slept last night, Rickard?"—he said "At Hanwell, along with Chuter"—I turned to Chuter and said "Is Rickard stating the correctness? Be very careful in your replies, I want to know whether Rickard's statement is correct"—he hesitated and said "No, he did not sleep with me at Hanwell"—I said "Did you sleep there?"—he said "No"—I then took hold of Rickard and told him I should take him in custody on suspicion of burglary and entering his late master's house the previous night and stealing 8l. 15«. in silver and bronze—he said "I am b—if I will go with you, Chuter come along with me "—I looked round and Chuter had disappeared—I had seen Chuter before, but I knew nothing of his previous career—I had a scuffle with Rickard and threw him several times, I took him towards the station—on the way, when within about 100 yards of it, opposite Mr. Skinner's nursery, he pulled his hand out of his trouser pocket, put it over the top of a wall, and pulled it down again—he was on my right, nearer the wall; I had hold of him by the left arm—I turned round, turning him round facing the spot where I saw him place his hand, and there I saw this canvas bag, which then contained 3l. 6s. 6d. in silver—it was loose then—I have tied it up, it contains 6l. 10s. now—I took possession of it and said "How do you account for this, Rickard?"—he said "Chuter is as bad as me, he has got as much "—I brought him to the station and handed him to the inspector with the bag of money, telling him I was going in search of Chuter—I went in search of Chuter the same night to various public-houses in town at first, and from there to his sister's at Paradise Place, Brentford, where he was lodging—I did not see him there, and went to 23, in the Slips at Hanwell, arriving there about 1.30 a.m—I knocked and was kept waiting for a considerable time—then the prisoner's mother and father opened a window at the top—I eventually gained admission
and found Chuter putting his boots on, lie had his clothes on—I said "You know who I am"—he said "Yes, sir"—I said "I want you for being concerned with Rickards in the burglary at Mr. Holton's last night"—he said "I know nothing about it"—I said "You had better turn up the proceeds of the burglary, I have reason to believe you have got them in the house"—he said "I have not got a halfpenny in the world"—I searched the house, leaving the prisoner in charge of a constable—I found 8s. 6d. on the mantelshelf of the room he occupied when I gained admission, the kitchen I believe—upstairs in the bedroom in a recess in the wall I found a tin box containing 2l. 15s.—I had followed his mother upstairs and saw her coming from that direction—Chuter was downstairs at the foot of the stairs and could have heard what his mother said; she said "I don't know what is in the box before open en it"—I took him to the station and charged the two with being jointly concerned in this burglary—his place at Hanwell is about three miles from where the burglary was committed—I have been in that part not quite two months—I have seen these men together frequently in the Market Place, Brentford, doing nothing—they were taken before the Magistrate on the morning of the 6th and remanded till the 13th—I took them on the 6th to Hammersmith, and on 13th, when they were committed, I and another constable took them to the House of Detention, Farringdon Road—in the carriage on the underground railway going from Kew Bridge to Farringdon Street, Chuter was in my charge, and 347 T had Rickard—Chuter said" If you had not come to Hanwell for me that night, you –would have never been able to connect me with this burglary, as I intended to buy a suit of clothes with the money in the morning, but I suppose I shall get five years now instead"—Rickards, who was in charge of the constable on the beat, said "I and Chuter were watching from underneath a boat last night, and watched you going your rounds"—there was a boat lying upside down by the side of the river adjacent to the premises.
Cross-examined by Rickard. The constable is not here—you were searched at the station before Chuter came in—I found 8rf. in coppers on you.
Cross-examined by Chuter. 347 T had charge of Rickard; they were sitting in the same compartment as we were, on the same side of the carriage; we had the compartment to ourselves—the constable is not here; his name is not on the depositions, as he can give no evidence—the night you were apprehended I asked you whether you slept with Rickard, and you said no; you did not say you slept at Hanwell and that Rickard did not sleep with you there—there were not two people with me—two people passed—I don't know who they were—a person named Cox was not with me—he did not push me alongside—Cox is not here—when I came to your house and asked if you had any money you did not say "There is the money I have got," and pull out 3d. and two Billings-gate fish market tickets—you said you had no money—I saw you put a few medals, fish market tickets; alluding to trucks, on the table—you did not say "There is some money in my box upstairs"—you eventually owned the money in the box was yours, and said "I put it there"—your father denied all knowledge of its being in the house—you did not say when I asked you if you had any more money "There is some money in a box which I have been saving up for a new suit of clothes"—you said you would go quietly to the station, and when I got you there and charged you with burglary along with Rickard, you said "I am not guilty of the
burglary; I won't admit I have got some of the money"—the inspector and constable in reserve heard that as well as I—I brought to the station besides the money, a piece of paper which had "2s. deposit on suit of clothes" on it—I don't know what the date was—I did not tear it; you had it in the same state that I received it in—it was in your waistcoat pocket, not in the box; a portion of a watch was in your pocket too; the watch has nothing to do with this case—there was no money found on you—I have frequently seen you with Rickard—the day previous to this, the 3rd, I saw you both in the market place in front of the Town Hall at 8 in the morning—I did not see any one else with you—I did not suspect you. By the JURY. The money in the box was all silver. Richard, in his defence, stated that the door was only pushed to, and could be easily opened; and that it was not shut to or else he could not have got in at all. Chuter stated that he was a potato dealer, with sometimes 10l. or 15l., in his pocket; that he was travelling about, and after he finished work did not want to steal money; that on the 3rd he was at Southall Market, and went down with some horses to Ashford and stopped there till 11 that night; and that he had never seen Richard before.
GUILTY** of entering.
CHUTER then PLEADED GUILTY to a conviction of felony at Brentford in April, 1880.— Eighteen Months' Hard Labour each.
MR. WILMOT Prosecuted.
ELLEN HAYES . I am the wife of Patrick Hayes, of 21, Gunn Street, Spitalfields—on Sunday, 14th May, about an hour after midnight, I was in Brushfield Street, near my house, and saw the prisoner—he is not related to me—he came up, put his hands on my chest, and pushed me down and kicked me—I got up, and he pulled my skirt off and ran away—my purse and 10s. was in the skirt pocket—I followed him; he went into Gunn Street Chambers; I went in after him, but was ejected by several men—a policeman came up; I went in with him and found the prisoner in the kitchen—that was not above 10 minutes after I saw him go in—I said "That is the man"—I was so excited that I could not tell you whether he made any remark—I have not seen the skirt or the money since—there were, I dare say, a dozen men there—I had had the half of a half-quartern of brandy at 8 o'clock that evening.
Cross-examined by the Prisoner. I know your face, and I know you by your clothes and your moustache—the deputy did not order me out of the house, I do not know him—you knocked me down in Stewart Street, which runs across Brush-field Street.
Re-examined. I fell on my right side—I was very ill from the effects of the kick on my back, and the fall—my spine was not injured—I was not under a doctor.
WILLIAM ROBINS (Policeman H 74). I saw the prosecutrix outside Gunn Street Chambers just before 1 o'clock—she complained to me; I went in with her and saw the prisoner in the kitchen with 30 or 40 others—it is a common lodging-house—she pointed to him and said "There is the man who knocked me down and stole my skirt and money"—he said "I know nothing about it"—I took him in custody, and when the charge was read
over at the station he said "I did see her in Brush-field Street, but it was not me that did it"—the corner of Brush-field Street is about 100 yards from these chambers—a person in Stewart Street could run round through Artillery Lane—only two halfpence were found on him—I afterwards went back to the lodging-house and made inquiries for the skirt, but could not find it—the prosecutor was perfectly sober—the prisoner was sober.
Cross-examined. I saw you at 12 o'clock coming out of the Prince Albert, Brush-field Street, with several men, and I saw you again about 12.15—I did not ask you what was the matter, nor did you say that a woman was kicking up a row; you never spoke to me—I did not address you as Jack, though I knew you.
GUILTY . He then PLEADED GUILTY** to a conviction of felony at Worship Street in March, 1880.— Eighteen Months' Hard Labour.
MR. HURRELL Prosecuted.
EDWABD M'DONNELL . I am a cook, of 198, Cable Street, St. George'sin-the-East—on Friday, 8th April, between 6 and 7 p.m, I was on Tower Hill, and passed the prisoner and another man standing on the pavement—they followed me, but the other man stopped in Tower Street—I had a sore foot and could scarcely walk; I had an umbrella in my right hand, and was holding the railings with my left going up some stairs, and the prisoner jumped in front of me, put his right hand on my breast and his left arm round me, and had my watch' in a twinkling—I saw the chain in his hand and the watch hanging—he jumped down the stairs, and I lost sight of him—next evening I saw him pass my window with a crowd; I followed to the station, and picked him out from about a dozen men—I am quite sure he is the man—I can make no mistake—I recognise the side of his head and his nose—he looked in my face arid said something in a pitiful mood about "old man. "
CHARLES VOULES (Policeman H 114). I took the prisoner on 28th April, placed him with seven other labouring men about his height, and McDonnell went up to him at once, and picked him out without any hesitation—I charged him with the robbery; he said that he knew nothing about it.
Prisoner's Defence. I know nothing about the gentleman's watch; I never had it in my hand. It is not worth my while to go thieving. I was not put with seven others; I was by myself.
GUILTY . He was further charged with ✗been before convicted of felony.
JOHN PERRY (City Policeman 830). I produce a certificate. (This certified the conviction of Frederick Walsh at the Mansion House on 23rd November, 1880.) The prisoner is the man; I took him in custody, and was present when he was tried and sentenced, and I have had other opportunities of seeing him.
Cross-examined. I have also known you carrying oranges—I have no doubt whatever about your being locked up.
GUILTY **— Fifteen Months' Hard Labour.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
WILLIAM WREFORD . I am a clothier, of High Street, Croydoa—I inserted this advertisement in the Exchange and Mart on 29th March for a tricycle—I received these two replies (From A. Fitzgerald, 49, King Henry's Walk, Mild may Park, March 30, 1882, offering a tricycle for 5l. 5s., carriage paid; the second letter described the machine, and offered to send it on receipt of a post-office order)—I sent this post-office order for five guineas and this letter to the address (Stating that it ID as payable in ten days)—no tricycle came—I wrote this letter on April 5th (Asking when he might expect the tricycle)—I got no reply—I stopped the payment of the order—I then wrote this letter on April 15th to Fitzgerald, asking for return of post-office order—when I sent the order I expected to receive a tricycle, and believed that Fitzgerald was a bond fide person living at that address.
EDWARD KEENE . I live at 40, Toronto Street, Islington—I am an omnibus conductor—I knew Arthur Ayden as a passenger—on 8th April he showed me a post-office order for 5l. 5s.—he said it was in payment for a tricycle from Mr. Wreford, of Croydon, and that he had sent one—I saw him sign the order in the White Horse, Liverpool Road—he said it was payable in 10 days, and that he could not get it cashed till after the Easter Holidays, and he was hard up, and wanted an advance of 2l. 10s.—he offered me 10 per cent.—I gave him 2l., and kept the order—he showed me the envelope; I next saw him on Sunday, 9th, when he asked me to let him have 10s.—I did not do so—I next saw him on Tuesday morning, 18th April, in Ball's Pond Road—I gave him in charge—on 15th April I had been to the post-office, and found the order had been stopped—I assumed he signed his true name of Fitzgerald—I know James by sight—he was also a passenger.
Cross-examined by Arthur. On 18th April you said you had not got the money, but you would tell me where I could get it—you said you would pay it; but you were wanted for other cases—I did not say I would have taken it, nor that I was sorry to give you in charge.
HENRY JENNINGS (Police Sergeant N). On 18th April I apprehended Arthur Ayden at Dalston—I said "I shall take you in custody for obtaining 2l. from Edward Keene and other sums from a number of other persons"—I searched him and found two letters from Mr. Wreford, of Croydon, and one from Mr. Warr, of Grimsby, a telegram from Grimsby, seven pawn tickets, a description of a tricycle and a poem on the House of Correction, 3l. in gold, 4s. 6d. silver, and 5 1/2 d. bronze—at the station he said "I have been the dupe of another man, and if you go to Cloudealey Road you might find him, he is a tall man with a bad neck"—I said "Is that the man you were with when Keene saw you?"—he said "No, he has nothing to do with it"—on 2l. at, about 3 p.m, I was in St. George's Terraco, Islington—I saw James Ayden—I crossed the road and said to him "Do you know Fitzgerald?"—he said "Yes"—I said "What do you know of him?"—he said "I have known him for about three months, I am now going for his letters/' pointing to Mrs. Jones's shop, 145, Cloudesley Eoad—I went with him to the shop—Mrs. Jones said ho was one of the men that had been receiving the letters—I took him to Islington Police-station, and found on him these eight letters, addressed to the name of Fitzgerald, one refers to Mr. Ramsey, also four pawn tickets, a key, 9s. 6d. in silver,
and 1d.—I said "You will be charged with being concerned with a man in custody named Ayden with attempting to obtain money from various parts of the country"—he said "It looks rather dark against me; I must think what I can say "—I took him to the Stoke Newington Station—on the way he said he had met Fitzgerald, and he had authorised him to open his letters, and if he had anything very important, to answer it immediately; if not to wait till he could see him in the evening.
Cross-examined by James. I wrote it down—I have left the book at home—you used the word "reply "—you said you were to reply at once.
THOMAS GLASS (Police Inspector N). When Arthur Ayden was arrested Grace Grover brought to the station three letters, addressed "A. Fitzgerald, 49, King Henry's Walk"—I said to him "I have received these letters from Miss Grover, and they are addressed to you"—he opened them and read them—both were answers to advertisements about bicycles—one was dated 15th April, with the Croydon post-mark of 16th April.
GRACE GROVER . I am single, and live at 49, King's Bench Walk, Ball's Pond Road, Islington—I know Arthur Ayden as A. Fitzgerald, and James Ayden simply as his friend—they came for letters addressed to A. Fitzgerald at different times separately—I took them in at Arthur's request—they do not live at my house—I keep a newspaper shop—I asked Arthur where Fitzgerald lived—he said" 38, Frederick Street, Gray's Inn Road "—when James called for the letters he said that Fitzgerald was a friend.
Cross-examined by James. You said the letters were not for yourself but or a friend, and that you did not understand the nature of the business in which they were connected.
HENRY PIPER . I live at Swindon, Wilts—I advertised in the Exchange and Mart on 15th March for a 50-inch club bicycle—I received this reply (From George Eagleton, 188, Boleyne Road, Kingsland, 15th March, 1882, offering a 50-inch bicycle in return for a post-office order payable at 10 days for 5l.)—I sent this post-office order for 5l.; I received no bicycle—I also sent letters and post-cards to Mr. Eagleton at the address; I had no answer; I stopped the payment of the order—when I sent the order I believed the letter came from George Eagleton, and that he had a brand new bicycle, as he states—I sent the post-office order to Treadle's Hotel, as requested in one of the letters.
WALTER BRASHER . I am a grocer's assistant at Mr. Shillingford's, 139, Upper Street, Islington—on 23rd March James Ayden produced this post-office order for 5l. at our shop and asked me to cash it—he mentioned the name of the Rev. Dr. Allon, a customer, and put down an open letter on the counter, which I did not read till he had gone; he left with the money—the letter was from Mr. Piper, of Swindon, purporting to enclose a post-office order in payment for a bicycle—I paid it into the London and County Bank at Islington—it was returned about the middle of April unpaid—his mention of Dr. Allon caused me to cash it; it was not signed; he offered to do so; it is not necessary when paid through a bank.
Cross-examined by James. I cashed the order between 5 and 6 o'clock on 23rd March—it was getting dusk—you were in the shop about three minutes.
REV. DR. HENRY ALLON . I live at 10, St. Mary's Road, Canonbury—I am the minister of a Congregational chapel, and last year President of the Congregational Union—I do not know the prisoners—I never authorised them to use my name—I deal at Mr. Shillingford's for groceries.
JOHN ABEL BUTTERWORTH . I am a schoolmaster, of 25, Morleston Street, Derby—in March I advertised in the Exchange and Mart for a sociable tricycle—I received this reply of 15th March. (From George Eagleton, of the same address, offering to send sociable tricyle on receipt of
post-office order payable at 10 days for 5 guineas, having broken his arm) sent a post-office order for 5 guineas with this letter of 16th March. (Asking that the tricycle should be sent on approval on the Saturday, that being the day the witness had most time to spare.) No tricycle came—on 81st March I sent a post-card, which was returned—I stopped the pay-ment of the order—I sent the post-office order believing the representations made.
FRANCIS HENRY TREADLE . I keep a coffee-house and hotel at King's Cross—I know Arthur Ayden as Eagleton; he has several times stayed at my house—I advanced him 2l. 10s. on this post-office order—he told me he had received it in payment for a bicycle—letters came addressed to Eagleton; he told me he expected one from Swindon—I saw him receive and open a letter with the Swindon post-mark upon it—he showed me this post-card, and said that it was his name on it; that the address was his sister's, 188, Boleyne Road—he was to have the balance when the time was up.
ALFRED GAIN . I am a newsagent, and live at 188, Boleyne Road, Kingsland—I know the prisoner Arthur as Arthur Eagleton—he asked me to take in letters for him—I have given him letters that have come by post addressed to Eagleton—I knew the other prisoner as his brother, but I did not know his Christian name—he paid me 1 1l. 2d. for taking in five letters from Swindon, Derby, and Southampton.
Cross-examined by James. You told me they were for your brother.
FRANK VINCENT RUMSEY . I live at Utah Villa, Osborne Road, Southampton—about the middle of April I advertised in the Exchange and Mart for a tricycle—I received this reply. (From Arthur Fitzgerald, of 145, Cloudesley Road, Islington, to Mr. Reynolds, offering a tricycle for a post-office order for 5l. 10s.) I advertised in the name of Reynolds—I sent this post-office order for 5l. 10s.—I afterwards sent three or four letters to the same address, and received no reply; I received no tricycle—when I sent the post-office order I believed Fitzgerald of that address had a tricycle for sale.
JOHN ELLIOTT . I keep the Cloudesley Arms, Cloudesley Place, I sling-ton—James Ayden brought me this post-office order—I knew him as a customer since Christmas—he asked me to advance him 2l. on it to go to the City and Suburban races—I advanced the money, and presented the order for payment, and found it had been stopped—I believed the post-office order was a valid security.
LOUISA JONES . I keep a newspaper shop at 145, Cloudesley Road, Islington—I took in letters for Arthur Ayden addressed Arthur Fitzgerald—I handed them sometimes to one prisoner and sometimes to the other, and I have since handed some to the police inspector.
Cross-examined by James. When you could not pay for them on the
Monday you said you simply called for them for a friend and had come without the money—I was busy on the Saturday and did not notice who came.
ALFEED CROUCH . I am a builder at Worthing, Sussex—I advertised in the Exchange and Mart on 29th March for a tricycle—I received this reply (From A. Fitzgerald, of 49, King Henry's Walk, of March 30th, offering a tricycle for a ten days' P. 0. 0. for 5l. 5s.—I sent the post-office order, believing the statements in the letter—I never got the tricycle—I stopped the payment of the order.
THOMAS WIGLEY . I am assistant to George Crump, postmaster of the Ball's Pond Post-office, Islington—I cashed this post-office order in April for 5l. 5s. in error for the elder prisoner, the order purporting to come from Mr. Crouch—I found out afterwards it was post-dated—I was very busy.
Cross-examined by James. I remember the date I cashed it—I picked you out from others at Clerkenwell; they were rather rough.
CHARLES FREDERICK BATT . I live at Totten, Hampshire—I am an outfitter—on 15th March I advertised in the Exchange and Mart for a good Salvo tricycle—I received this letter from 188, Boleyne Road, Kingsland, March 15th, from George Eagleton (Offering a Salvo tricycle for a 10 days 1 post-office order for 6 guineas)—I sent this post-office order, dated 15th March, believing George Eagleton at that address had just the Salvo I wanted—I got no tricycle—I stopped the order.
MARY ANN WOOD . I am a widow, of 162, St. John's Street Road, Clerkenwell—I know Arthur Ayden as George Eagleton—he brought me this post-office order in March to cash—he said he received it in payment for a tricycle—I advanced him the full value, 5l. 5s.—he tore the signature off the letter and gave it to me with the order.
MARY LOON . I am a widow and a newsagent at 73, Newington Green Bead—I received about a dozen letters and post-cards addressed to Éágleton at the request of a young man I cannot identify—I only delivered them on one occasion.
Arthur Ayden's Defence. I am guilty of obtaining: money under false pretences but not of conspiracy with James Ayden. I throw myself on the mercy of the Court.
James Ayden's Defence. I was requested by Arthur to receive letters for him addressed under an assumed name, and I did so, and handed them to him not knowing their contents or anything connected with them until about a week before my arrest, when he told me to open them, and if anything appeared to require an answer I was to take them to him, it not I was to see him in the evening. I opened about a dozen letters, and some here turned to me to take care of, and those were the letters found in my possession. I was handed one or two post-office orders, for which I obtained cash in a fair and legitimate manner. There was nothing in the letters I opened to induce me to come to the conclusion that they related to any fraudulent transactions. I understood my friend was engaged in selling tricycles on commission, and I supposed the correspondence related to the business. I deny that Brasher cashed the order for me. He is mistaken in my identity. I was placed with men in labourers' and bricklayers' clothes, so that it was impossible to properly identify me.
OLD COURT.—Friday, May 26th, 1882.
Before Mr. Justice Lopes.
595. ALBERT YOUNG (17) , Feloniously and maliciously sending to the Right Honourable Sir Henry Frederick Ponson by a letter threatening to kill and murder the Queen. Other Counts for sending the letter to the Queen, and also threatening to kill and murder Prince Leopold Duke of Albany.
The ATTORNEY-GENERAL with MESSRS. POLAND and A. L. SMITH Prosecuted
MESSRS. J. P. GRAIN and CAVENDISH BENTINCK Defended
SIR HENRY FREDERICK PONSONBY . I am Private Secretary to Her Majesty—on 24th April last I received this letter (produced)—it is addressed: "Private. To the right Honourable Sir H. Ponson by Esq Private Secretary to Her Majesty, St. James's Palace, London"—I opened the envelope and found in it this letter, beginning "Madame," and also this slip of paper in pencil inside—after looking through them I forwarded them to the Home Office. (Letter read: "Sir,—Will you oblige by showing Her Majesty the enclosed? I may say that if you do not credit or comply with it now you may do so when you receive a message to say Prince——is assassinated. Have captured assassins. "—" Madame—I am a Roman Catholic priest, and I have fifty men in the parish' who have been evicted by landlords. These men had banded themselves together for your destruction, as they blame you for being the cause of their misery. They, however, promise to leave the country for America on receipt of 40l. per man to defray expenses for selves and families. This amount must be in the hands of my dupe, through whom you receive this, in three weeks from now, or they will commence operations against your life. I know this is treason; that is why I shall make use of a person of standing and character in England for the dupe to transmit your reply to me in Ireland. I strongly advise you to send me the money, as the men are desperate enough, and they will make a series of attempts against your life and those of your sons and daughters, which must succeed in more than one respect. Assuredly you will not hesitate to send what will be but a moiety out of each pocket if all the members of the Royal family subscribe amongst themselves for the required amount, rather than endanger so many precious lives. Ask Prince Leopold how he would like to have a buílet put through him on his wedding day (of which I wish him many happy returns), and die a lingering death, like Garfield. I may add, if no notice is taken of this, I shall absolve them of all their misdeeds, instead, as now, of holding them in check by threats of excommunication—(Signed) A WELL-WISHER. P.S—The name of my dupe is A. Y., M., S., and L. Offices, Doncaster. No notice will be taken of cheque. Must be notes and gold")
EDWARD BONSKILL . I am mineral agent of the Manchester, Sheffield, and Lincolnshire Railway at Exthorpe—I know the prisoner; he was a telegraph clerk in the employment of the company—I have been daily in the habit of seeing him write, and am well acquainted with his hand-writing—I believe this letter marked "R. H." to be in his ordinary handwriting which he would write in the course of his business; it is a report to me respecting the delay of a telegram, written in the ordinary course of his business—this other document marked "Y" in pencil is in the same handwriting; it is an application for leave of absence—this book "A. Y." is one in which hp would make entries in the ordinary
course of his duty; it is a book in which he keeps all the original telegrams—this bundle of telegrams are all in the same handwriting—there are 12 of them—all these documents are in the prisoner's ordinary handwriting—I have seen this letter beginning "Madame" and marked "B,"—I firmly believe it to be in the handwriting of the prisoner; it is not quite written at the same angle as the others; it leans a little to the left—this document marked) "B1" on the small piece of paper I also firmly believe to be in the prisoner's writing; also the envelope—I was taken to the police office at Doncaster about this matter, and was there shown the letter "B" and the other document, "B 1"—I at once identified the letter as being the prisoner's writing.
By the COURT. The prisoner was at Doncaster on Saturday, 22nd April.
Cross-examined by MR. GRAIN. He would not be there on the. Sunday; theoffices are not open on Sunday—Exthorpe is part of Doncaster—the Exthorpe station is about a mile from the Doncaster station—the envelope bears the post-office stamp which would be put on by the post-office people on Sunday, 23rd—the prisoner came to my office on 11th June, 1881—I should not be the person to receive any certificate of character for him.
Re-examined. He would not be taken into the employment unless his character was good.
By MR. GRAIN. I believe the prisoner's brothers live at Sprotborough, that is a village about two or three miles from Doncaster—I cannot say whether he went home from Exthorpe to sleep at night or not.
By the ATTORNEY GENERAL. There is no post office at Exthorpe, there is a post pillar—Doncaster is the post town—no postmark would be put on at Exthorpe—the postmark would be put on letters at Doncaster—the prisoner would workup to about 7 o'clock on the Saturday evening—I cannot say at what time the post pillar at Exthorpe would be cleared—all my letters are sent to the General Post Office, and the London post is cleared about 8 o'clock.
RICHARD HOARD . I am chief clerk at the Exthorpe Depot of the Manchester, Sheffield, and Lincolnshire Railway Company—I have known the prisoner for some time as telegraph clerk in that office—I have seen him write almost daily since June last—I firmly believe that the prisoner wrote this envelope and letter.
Cross-examined. It is disguised, his ordinary writing inclines to the right, whereas this inclines slightly to the left—I have said that I find a perceptible difference in the writing generally, not in the letters—there is a difference certainly in some ofthe letters, they are disguised; I am speaking of his writing generally—this inclines to the left, his ordinary writing inclines to the right.
Re-examined. I have gone through the letter and looked at the dif-ferent words init very carefully—I find an identity in many of the formations of the letters—I have no reasonable doubt but what the prisoner wrote this letter.
JOHN HENRY GARNET . I am a clerk in the same office in which the prisoner was employed prior to his removal to Exthorpe in June last—I have frequently seen him write and know his writing very well—I believe this letter to be in his handwriting—it is disguised, but I firmly believe it to be his—the envelope is most decidedly his—the pencil memorandum is evidently more disguised than the ink writing, but Istill firmly believe it to be his writing.
CHARLES CHABOT . I have for many years made the identity of hand-writing my study—I have had submitted to me the letter "B," the small slip addressed to Sir Henry Ponsonby, and this envelope—in addition to thósé Í have had the document marked "EH" which is signed "A. Young," also this other document marked "Y," and these 12 original telegrams, and the telegram book—looking at the letter alone without seeing anything else, it would be difficult to say whether there has been an attempt, to disguise the writing—it is not in the same angle as the writing in the document "EH"—I have compared the documents and am dearly of opinion without any doubt whatever that they are all of the same handwriting—I came to that conclusion very rapidly. (The witness then pointed out to the Court and to the Jury a number of instances in the various documents produced, upon which his judgment was founded.)
Cross-examined by MR. GRAIN. I have given you my opinion without any doubt and I cannot say further—I remember a trial here against one of the Aldermen of London—I had a postcard and several documents put before me on that trial and I wentthrough pretty much the same proofs as I have today, pointing out the similarity to the Jury—I came to the conclusion that the postcard was in the defendant's writing to thebest of my belief, but not without doubt, as I do in the present case—I was called for the purpose of assisting the Jury to arrive at a just con-clusion, and 1 am not satisfied now that I did not come to a just conclusion—Mr. Netherclift was also called, and expressed a similar opinion to myself—a Mr. Stmith was called and stood in this box and swore that he wrote part of the postcard, and the part upon which I relied he said lié did not write, and until I know that, I will not acknowledge that I am wrong—there was a part which he did not write and a part which he did write—the same thing has been put before me in the same manner of disposing of my evidence in other cases, but it did not succeed—Mr. Smith swore that what I said was the defendant's writing he had doné with his own hand—a person imitates another's writing in forgery, but in writing an anonymous or improper letter the rule is to disguise the writing—if the person wanted to make another believe that a third person wrote it hé would begin by diguising his hand, but I never had such a case; I have had it set up frequently, but I have always shown the fallacy of it as Í do in this case; but it seems to me the only thing you have to fly to—I have never known one person imitate another's writingso that I-could not tell the difference—I was engaged on the "turf" frauds, but I did not say that the writing of Kerr and of Benson was go alike that I could not tell the difference.
By the COURT. I do not say that I am infallible; any man may be wrong in matters of opinion—I point out to the Jury what I consider are the points of similarity or dissimilarity for them to form an opinion—I had much rather they would never ask my opinion—I may be mistaken in this casé, but I very much doubt it.
ISAAC GREGOÉY . I am chief constable at Donoaster—on 28th April I went to the superintendent's office, where the prisoner was employed, and asked him if his name was Albert Young he said, "Yes "—I showed him the letter, the subject of this indictment, and told him he was charged with writing it and sending it to Sir H. Ponsonby, Her Majesty's Secretarv, and threatening the life of the Queen and Royal Family—he said, "I never wrote that letter; I never did such a thing "—I took him in custody, and brought him up to London.
Cross-examined. He said, "I never did any such thing; I never wrote the letter, and Í don't know anything at all about it"—a test letter Had not been placed in ray hands before that—I believe it was in the hands oí the superintendent of the railway, and he was showing it to the prisoner at the time I went in; that came from one ofthe detectives in London; it was addressed, "A. Y.—M., S., and L. office, Doncaster," with the Windsor post mark on it—I do not know what was in it; it was given to Mr. Williamson, the head of the office at Scotland Yard—I do not think itwas opened in his presence—it was written in accordance with what is now called the threatening letter, and had been sent by the police for a purpose from London—it wasto be delivered to any one who owned it, to "A. Y."—it was not offered to the prisoner in my presence; I have no doubt it had been offered to him previous to my going in; I think Superintendent Armshaw would do so; there was no one else in the office, and it was in his hands when I went in, and he said to me, He says the letter does not belong to him. "
Re-examined. Armshaw is district superintendent of the M., S., and L. line—this was about 9 a.m—I learned that the letter had arrived that morning—the superintendent had given it to me—it was offered to the prisoner while I wasin the room, and he refused it; he would know me as a superintendent of police.
Witmsses for the Defemt. GE ORGE SYKES. I reside at Exthorpe; am a platelayer in the service of the Sheffield, Manchester, and Lincolnshire Company—the prisoner is my brother-in-law—I recollect Saturday, 22nd April—I saw him thatevening at a quarter-past 7 at our house, and he had tea with us, and remained till about half past 8—I went out with him then; we went to Doncaster, which is about a mile and a half off—we returned about 10 to my house, and he went to bed and slept there—he did not leave me at all from a quarter-past 1l. till he went to bed a little a little after 10—during the time we were out we neither of us went to the post-office; he did not post any letter while he was with me; he did not go anwhere, or write any letter; he got up about 6 o'clock next morning, Sunday, and went away with my brother.
Cross-examined by the ATTORNEY GENERAL. I am sure it was a quarter past 7 when he came to me—he works about a quarter of. a mile below where I live, and that Was his time—I am sure it was a quarter-past 7 and not half-past when he gotto our house—I looked at the clock, because I thought he sauted latish—I knowthe pillar-post at Exthorpe; that is about half a mile from where the prisoner works.
Re-examined. I did not see which way he came to our house on the Saturday.
JOSEPH YOUNG . I am a brother of the prisoner, and am an agricultural labourer residing at Sprothorough, about two and a half miles from Doneaster—the prisoner used to reside about two nights a week at his brother-in-law's house, about a quarter of a mile from where he works—he generally used to walk along the line a portion of the way in going there—I saw him on the Saturday night a little after 7—I saw him come straight down the line from his work to his brother-in-law's house; I was there when he came in—I had some conservation with him there; I did not go to Doncaster with them; I was there when they came back—I slept there that night—on Sunday morning I and the prisoner and-his younger brother, a lad of about 15, all left about 6 o'clock—the prisoner
was 17 last birthday—we proceeded directly to Sprotborough by the usual route, apportion, of the way along the line; we remained there all day up to about 7 in the evening; we then took a walk back again to my brother-in-law's house, Sykes's, at Exthorpe; we arrived there about 7.30, and remained about an hour; we then went back to Sprotborough—the prisoner slept there that night—during the whole of the time on Sunday we did not go to any post-office—he was with me all the day; he did not go to any post-office; that I can swear positively—there is a post-office at Sprotborough; it is not open on Sundays—it is cleared out on Saturday and then on Monday.
By the COURT. If a letter was put in at Sprotborough it would bear the post-mark of Doncaster—the Sprotborough postoffice is not cleared ou ton Sunday; the postman never comes round on Sunday to take the letters out—it is a pillar box; itis a house, a sort of rural post-office—I am certain letters are not cleared out on Sunday; any letter posted after 5.30 on Saturday evening would not be cleared out till Monday evening.
EDWARD YOUNG . I am a brother of the prisoner—I was with him and my other brother on the Sunday morning—I saw him on the Saturday night at Exthorpe at my brother-in-law Sykes's; I remained on the Sunday morning till about 7.
GUILTY. Recommended to mercy by the Jury on account of his youth .— Ten Years' Penal Servitude.
NEW COURT.—Friday, May 26th, 1882.
Before Mr. Recorder.
596. WILLIAM HART (21) and ALFRED ANDREW JAMES (22) , Burglariously breaking and entering the dwelling-house of Joseph Schilf, and stealing therein a tablecloth and other articles, and 10s. in money, to which HART PLEADED GUILTY .— Six Months' Hard Labour. MR . PURCELL,for the Prosecution, offered no evidence against
JAMES.— NOT GUILTY .
MR. FULTON Prosecuted;
MR. BESLEY Defended.
HENRY GEORGE KING . I am a wholesale oilman and druggist, of Abbott Street, Kingsland—on Sunday, 7th May, I went by the excursion train which arrived at Chingford at 4 p.m, to see the decorations in the Forest—my daughter Caroline was with me, and my baby, about two years old, was on my left arm—the train was as full as it could hold, and when we got out at Chingford the people were not all able to walk on the footway, which is about 3 feet wide—we were about midway in the road among the people—about midway between the station and the hotel I felt a violent blow; I felt myself go, and the baby going—I fell, and found a horse's hoof scrambling over me, and became insensible—there was no signal before I was knocked down; after I came round I was very dizzy, but I saw the defendant on horseback and the crowd holding his horse by the bridle—some one took my daughter and child
on one side—the prisoner smiled, and seemed to treat it as a joke, but the crowd seemed inclined to molest him—I was taken home, and have ever since been in Mr. Denny's charge, who came up at the time.
Cross-examined. I heard no horse coming behind me; as I fell I saw another horse on my left; I saw two horses—I cannot say whether I called out "Now for our witnesses"—I was very swoony, and my head was bleeding—I went to the police-court next morning, and walked from Stratford Bridge Station to the Petty Sessions, which may be half a mile—Mr. Fenton, my solicitor, was not with me then; I had never employed him before; he was brought to my bedside on the Monday or Tuesday, he lives opposite my retail shop—that was after I had walked to the station and back—Mr. Wells wasmy former solicitor—I attended at the police-station on Sunday, the day of the accident, when the prisoner was charged—the original charge was furiously riding the horse in the Epping New Road—I was compelled to charge the prisoner at the wish of the mob, they were so excitable—the case was adjourned to last Satur-day, 20th May—I say in my letter "Will you favour me with the name of your solicitor, as Mr. Fenton is instructed to commence legal proceed-ings against you to recover damages?" I had not then arranged with Mr. Fenton what amount I would claim—Inspector Skilman, of Dalston Junction, brought Mr. Fenton to me—I knew the defendant's age at the station—I know nothing about changing an ordinary charge punishable by a 40s., fine, into an indictable offence—it was not suggested to me that as the defendant was under age we could get something from his brother—I have been here since Monday—I have been about three or four times in a public-house drinking—I think Mr. Denny was drinking with me once, and he may have twice, and Mr. Fenton once—I did not leave the pathway at Chingford on the right side, and cross to the grass land without looking to see if there was any horse near—my daughter did not run against the horse.
FREDERICK PETER . I live at 11, Albion Road, Dalston, and am a merchant's clerk—I was one of the passengers by this excursion train; we arrived at Chingford about 4 o'clock, and got out with Mr. Pouter—I heard a horse coming behind, and somebody cried out "Lookout"—I had only just time to step on one side; in fact, some one pulled me by the arm, when the defendant rode past me at a pace of 8 or 10 miles an hour, which I considered too fast for the crowded state of the road—I was walking on the edge of" the footpath; the road is 25 feet wide—I saw a small crowd, went up, and saw Mr. King bleeding from his head; he was standing up unsupported; his daughter was recliningon the ground in a fainting condition; somebody was holding her—I saw the defendant on horseback and Mr. King holding the bridle—a policeman came up in a quarterof an hour.
Cross-examined. Both sides of the road were crowded—there is grass land without enclosure, 200 yards from the station—there is grass where the defendant passed on horseback—I had walked 50 yards from the station when he passed me, and when I saw the crowd it was, I should say, 50 yards from me—I can easily walk four miles anhour, and I can say that the defendant was going at double that rate; I only saw him in passing; I do not pretend to pledge myself to pace.
Re-examined. He nearly ran over me—in my judgment he was going twice as fast as I could walk and at a sharp trot—I am accustomed to riding—Mr. King wasan entire stranger to me.
JOHN POUTER. I am a clerk, of Laveudér Grove, Dalston—I went with Peter to see the decorations in the Forest—we got out at Chingford Station—the road was very crowded—the defendant came along with another man on horseback, and my friend had to run out of the way pretty sharp, or he would have been knocked down—the next I saw was the horse and man in the midst of the crowd and the prosecutor stand-ing by the horse, with his clothes covered with dirt and blood dropping from his hair behind—his daughter was lying on the side of the road—the defendant was asked to get off his horse; he said that he would not till it was settled—I cannot speak as to the horse's pace.
Cross-examined. He went willingly to the station—I did not go there—the road was level; there is a rise at the Forest Hotel, but it was before that.
JAMES HENRY DELLER . I am a lithographer, of 31, Ball's-Pond Road—I wasone of the passengers arriving at Chingford about 4 o'clock—I was attracted by a horse's steps, turned round sharp, and got out of his way in time, and he had not got 6 or 8 yards in front before I saw some one was down—the road was very much crowded; there was green land on the left-hand side—I saw that Mr. King was down; I knew him before, but was not in his company—he was just being lifted from the roadway, and was bleeding from his head and leg—his daughter was lying partly on the ground, supported by a man, and in an insensible condition—a lady was attending to the baby—I saw the defendant on horseback, making a laughing matter of the whole affair; treating it more as a matter of joke than sympathising—John Moore stopped the horse—the prisoner óífered his card—I went for a policeman, and met one coming with the prisoner's friend—the horse was running eight miles an hour or more.
Cross-examined. I am not accustomed to riding, and I have had very little driving—I only saw the horse while it was going six or eight yards in front of me—after King was picked up he held the horse by the bridle—the prisoner wished toget away, but he did not say So—he did not take his card out—his friend got on his horse and walked off for the police, and I waited by the prisoner because there was a rush by his friends to get him away if they could.
JOHN MOORE . I am a colour maker, of 56, Red Cross Street, City—I went down by this train to Chingford and saw the prisoner on horseback knock down Mr. King and his daughter—he was riding very fast, over eight miles an hour I should say, but 1 am no particular judge—a boy and 1 caught hold of the horse's head—I did not know Mr. King before—he was smothered in dirt when he got up—his trousers were cut, and blood was coming from his knee and his head—his daughter was walking lame; she had hurt her hip and had to be led to the station—when Í stopped the horsethe prisoner laughed and took it as if it was a joke.
Cross-examined. There were three horses, the other two were behind the defendant—I did not see Mr. King cross the roád from the left on to the turf.
JOSEPH CHARLES ARCHBOLD . I was coming from Chingford Hotel with two of my children, and met the defendant on horseback as I went towards the station—the road was full of people—he was going at the rate of seven or eight miles an hour, I would rather say seven—there was another man on horseback behind him—I saw Mr. King with a baby in his arms, the horse struck him and he fell—I put my children in a
hallow and went to reader assistance, but there was such a mob I could not reach the horse—Mr. King was just going to the horse's legs, but he could hardly stagger—the defendant only jerked his horse and sat there and laughed and grinned the whole time—I said "You ought to be ashamed to sit on the horse; why not dismount and go and see what damage you have done?"—he said nothing—I afterwards saw the daughter.
Cross-examined,. I was going down the hill—Mr. King was 100 yards from me when he was knocked down—he may have had hold of the bridle before I arrived—I am accustomed to driving, but not to riding.
CAROLINE ELIZABETH KING . I am the prosecutor's daughter—I accom-panied him to Chingford on 7th May, and he was carrying my little brother—we were knocked down by a horse, and I was trodden on and lost my senses—I was picked up by the crowd, and then saw the prisoner on his horse—we had not crossed the road—I did not see the prisoner till I was knocked down—I had a kick in my side, and my leg was hurt—I have been under Dr. Denny's charge ever since—I cannot walk up-right yet.
Cross-examined. I did not see the prisoner's brother outside Dalston Station last Sunday evening at 9.50—I was in Ball's Pond Road—I had not been walking fast without limping nor did I begin to limp when I saw aim—I did not bleed at all—I did not cross to the open side of the Forest, I kept on the other side of the path.
CHARLES DENNY , M. R. C. S. I am in practice at 62, Buckingham Road—on the night of 7th May I was called to Mr. King, and round him suffering from headache andfrom a wound on the anterior part of the top of his head; it was a round, irregular wound with two or three small lacerations; you might call it a jagged wound—the brain was not injured; the bleeding had been arrested—there was also a contused wound onthe external part of his right knee joint, with a good deal of abrasion and slight laceration; it was more contusion than anything else—the fifth vertebrae appeared to have been injured; there was a contusion there—there was no other external injury, but there was shock to his nervous system—all these injuries were consistent with being knocked down by a horse—he would no doubt receive a serious shock—he had to remain in bed for 10 days, and I prevented his going to the Court at Stratford on the Monday, but he went there against my advice—erysi-pelas supervened two days afterwards, and he had to go to bed again and remain there 8 or 10 days; he must now go into the country for five or six weeks—several weeks must elapse before he can resume his business—he has two shop; one is a retail oil shop and the other a chemist's—I also examined his daughter, and found a contusion on the external part of her right hip; she cannot yet walk with freedom—I directed that she should remain in bed—I have examined her daily up to the present time; the contusion is gradually disappearing, andshe will not be permanently injured—she cannot walk without a very slight halt, but the inflammation has subsided—she was frightened, and bursts out crying; shehas had a shock to her nervous system.
Cross-examined. I am on Government half pay, Royal Navy—I passed the College of Surgeons in 1828, under Sir Astley Cooper—I have seen Mr. King in my neighbourhod, and have attended him—I attended his wife in her confinement—I was never a witness for him before—I read
in the newspaper about the children and the violet powder and the arsenic, but I did notattend; I mean to say that I never came and spoke for him—I do not think there is such a thing as a wound without a severance of the cuticle—I swear that the young ladyhad a contusion on the right hip, and a wound in the middle of it; there was a small abrasion.
Re-examined. The abrasion was as large as a breakfast-plate—since I retired from the Royal Navy I have been in practice for 20 years—I have met Mr. Besley before, and he was on our side at that time.
By the JURY. The wound on the skull might have been done in many ways; he might have been knocked on his face in the road; it was lace-rated and bleeding.
EEBENEZER WESTCOTTS (Policeman V 65). On Sunday afternoon, 7th May, I was on duty outside Chingford Railway Station; I heard something, and went and saw the defendant's horse being held—Mr. King showed me a cut on his head, and from what he said I took the prisoner in custody—he was charged with riding furiously alongthe highway, to the danger of persons passing along; I have not got the charge-sheet here.
Cross-examined. That is the ordinary charge under the Police Act for the 40s. penalty—it was the only charge against him at that time; it was not turned into maliciously wounding when Mr. Felton came down the same night—Mr. King did not say that he should not have said any-thing about it but for the prisoner trying to get away—I did not see a gentleman leading a horse—the prisoner gave his name and address, and was allowed to go.
Witnesses for the Defence.
ALFRED BAILEY THORNTON , M. K. O. S. and F. B. C. P. I am one of the medical officers of the City of London and consulting physician to the Law Clerks Society—I have had over 20 years' experience—I was sent for to-day for the purpose of looking at Mr. King—if erysipelas had set in at any time after 9th May it would not be likely that I should find traces of it; there are not any distinct traces of it; the wound is practically healed; I only find that one scar on the head—I should say that therewas no necessity for his head being enveloped in that bandage—there is a trace of a wound under the right knee, but it has healed; scalp wounds bleed very much—Ishould say he would be able to work soon as a wholesale druggist-going to a public-house isnot an advisable thing for him—I have not been asked to examine the young lady.
Cross-examined. I should want to know something more of the history of the case before saying that he is able to go to business.
ALFRED BOLTON , M. E. C. S. On 7th May I went down by this train to Epping Forest; it got in about 4 o'clock, and I went up the hill towards the Forest Hotel—I recognise the defendant, who was on horseback, as having seen him—I did not know hisname; he was alone—he came behind me, and when I turned round he was going at a veryslow trot—I saw a woman walking on the road; she seemed rather excited, and moved right in front of the horse; that is her, I think. (Miss King)—I think the defendant was going straight; she cannoned against the horse and fell—I heard cries; I think it was "Look out," about the same time—I afterwards saw Mr. King holding the reins—I just looked at him to see if there was anything urgent, and also at Miss King; she did not complain of any injury; she seemed in a fainting condition—from what I
saw I think it was quite impossible that the prisoner could have drawn his horse aside and avoided the collision.
Crose-examined. The road was rather crowded—I don't think there was any footway—I was in the main road, walking on what correspond to the footway; the road was crowded—the defendant was about four yards from me when he passed me on my right; he was going at a very slow trot—the accident occurred about a yard behind me on my right—I turned round and saw the woman falling—the people were going along in a stream—she was excited because somebody shouted "Look out"—I did not see Mr. King knocked down, nor did I see hishead bleeding afterwards; I did not look—I saw no blood—he had his hat on.
Re-examined. I heard the horse, turned, and saw the woman leave the line in which she had been walking and go against the horse.
JOHN OSBALDISTON HUNT . I carry on business with my uncle at 66, Leman Street, Whitechapel—on Sunday, 27th May, I went down to Chingford, and when I had got 300 or 400 yards from the station near to Epping Forest, with grassland on the right-hand side, I heard the tramp of a horse behind me, looked round, and saw the defendant and one or two others riding—I saw Mr. and Miss King run from the side of the road on which they had been walking to the side I was, right in front of the horse, and were knocked over; he jumped up and ran to the horse's head, calling out "Give me your name and address"—the horse was going between five and six miles an hour—if Mr. King and his daughter had walked straight the accident would not have happened—I know nothing of the defendant or his brother—I did not see him jeer or laugh—I waited three or four minutes, and I then went for a policeman.
Cross-examined. I heard horses' hoofs, turned round, and saw the three horses in the middle of the road nearly even with me on the other Bide of the way—I do not suggest that Mr. King walked under the horses' feet, but they were rather nervous—I was not nervous; hearinghorses behind them they would naturally try to get out of the way—I can walk four miles an hour if I try—Mr. King had a baby in his arms—he was on the ground for a couple of seconds—I saw him get up; he took off his hat and showed that his head was bleeding—the horse was already stopped—I saw the young woman knocked down; I helped to pick her up directly Mr. King was knocked down—he gave the baby into somebody's charge as he ran to the horse's head.
Re-examined. Some scores of people were on the road before others had got out of the carriages—there was ample room on the footway and grass for them to walk.
WILLIAM JAMES . I live at 2, Hanover Road, Leyton, and let horses in Epping Forest—on Sunday, 7th May, I saw the defendant and his friend, on horseback on the left side of the road going to the hotel—I was on the same side, leaning against a tree—I noticed Mr. King and his daughter—I saw a struggle in the road—the horse was going at the rate of four or five miles an hour—I have been used to horses all my life, and am a very good judge of pace—the old gentleman ran on one side and ran back again; his daughter ran at the horse; they both ran in the horse's way, if they had not he would have cleared them—if they had gone straight the horse would not have touched them—from what I saw, it was impossible for the defendant to have avoided the accident, because they ran in his way.
Cross-examined. A number of people were coming along, but they had
plenty of room; there was no crowd there; there were not more than. a dozen people just where he was; there were plenty on the road and on the green—he called out—he did not seem flurried; he bobbed about—the Wang woman was flurried, and she ran into it.
Re-examined. There is no pretence for saying that there was any necessity to block up the road with people; they could go on the grass land or on the green.
The JURY here stated that they did not want to hear further evidence, believing it to he an accident. NOT GUILTY .
MR. WILMOT Prosecuted.
ANNIE SUSANNAH VINES . I lodge at 11, Forest Place—on 25th April, at 4 a.m, I was awoke by strange footsteps, and heard the handle of my bedroom door turned, but it was locked—I sleep on the first floor and a gentleman lodges downstairs—I heard some one go intothe bath room and beard steps come down and pass my door and go into my sitting-room on the same floor—I got up, looked out, and saw the prisoner coming from my sitting-room—I calledout to the gentleman below, and then heard the prisoner try to open the front door to get out—he slammed it after him. and I went to my front window and called "Thieves"—I then saw a policeman struggling with the prisoner in the front garden—I went bask and searched the house, but missed nothing.
DINEFORD REDWABD (Policeman M 376). Iam stationed at Wanstead—on 25th April, at 4 a.m, I was passing Forest Place, Leytonstone, and heard faint screams; a door rattled, two bolts were drawn, the door opened, and the prisoner came out—I seized him, and he tripped me up—I got op and he tripped me up a second and then a third time—I made aim poll me partly up, and he was jumping over the gate to get into the forest, when I drew my truncheon and struck him on the head—when he came to a little he said "You b——, you have had your way; if I can only get up I will kill you!"—I sprang my rattle—a gentleman came out of the house and assisted me till a plain-clothes man came up and handeuffed him—I took him to the station, went back and examined the house, and in the front garden found somemortar which had been knocked off by the toe of a boot—the front sitting-room window, aboutthree feet from the ground and level with the garden, was shut, but the catch was unfastened Bad I found some mould on a couch just under it—a person getting in at that window would have to step on that couch—the mould corresponded with that of a flower-bed outside—nothing in the bouse was disturbed—I searched the prisoner and found two shillings, a sixpence, andthis knife with the blade broken—he refused his name and address till the remand.
Prisoner's Defence. I know I went into the house, but what I went there for I don't exactly exactly know.
He then PLEADED GUILTY** to a conviction at thin Court in September, 1876.— Twelve Months' Hard Labour.
MR. HEWICK Prosecuted; MR. KEITH FBITH defended Harcourt, MR. GEOGHEGAN defended Biggins, MR. HICKS defended Wallace.
WILLIAM MANSFIEID (Policeman R R 216). I was at Higham Hill Farm Dairy on 16th May about 3 p.m on duty—a sale was going on—I saw the prisoners—I received acommunication, in consequence of which I watched them—they were two or three yards from me—the prosecutor was standing in the crowd, Harcourt was on his right, Higgins on his left, and Wallace close behind—a cow was being brought out of the shed into the ring fur auction, when the crowd made way for it—as the prosecutor turned round I saw Harcourt's hand leave the prosecutor's lefthand trousers pocket—I went up and spoke to the prosecutor, and in consequence of what he said I turned round—I saw the prisoners running away—I asked the witness Bumb all to let me get up in his trap to trace them, which he did—I lost sight ofthem when they turned the corner of Higham Hill Street—when the trap got to the corner the trap stopped, and I saw Harcourt handing some money to Higgins—they were all standing still—I was in uniform—I was about two yards off, see on them—I did not stop to get out, I rolled out of the trap on to Higgins—I saw two soverigns and some silverpass—I caught hold of Higgins and told him I should take him into custody for robbing a gentleman—he said "You have made a mistake"—the other two prisoners ran in the direction of Chingford—I directed Bumball to drive after them—he said "I will drive till I get another constable to try and apprehend him"—I took Higgins back to the sale—the prosecutor said he was the gentleman talking to him on his left—I then took him to the station—on the way I met Harcourt and a constable in Mr. Bumball's cart—I identified Harcourt, and directed Bumball to go after the other one, and the gentleman drove away again—Isearched Higgins and found two soverigns, and 5s. 9d. silver, three halfpence bronze, and two postage stamps—I saw Wallace about half an hour afterwards—I produce a canvas bag which was handed to me by Boswell, another witness—it was picked up where I saw themoney pass in Black horse Lane.
Cross-examined by MR. FRITH. I swear it was Harcourt's hand I saw leave the prosecutor's pocket. (The witness's deposition being read, stated: "I saw Wallace's hand leave Mr. Smith's left-hand pocket.")—that is a mistake; I swore it was Harcourt at the Court—I did not alter it, because I did not notice it—I was cross-examined by Mr. Geoghegan and yourself—the deposition was read over—I cannot say I read it—the clerk did not ask me if it was correct; he said "Sign your name here," and I signed—I cannotaccount for the mistake—Boswell is a stranger to me—I will swear I did not hand the bag to Boswell—I never saw the bag in Harcourt's hand—Higham Hill Street is about 300 yards from the robbery—you can go that way to Walthamstow—there is a railway station—the sale had only just commenced—it is true that I saw gold and silver money pass from Harcourt's hand to Higgins—there were two gentlemen with the trap—one is not here—I did not ask him his address; he drove off—Higgins had his hand open, and Harcourt slipped the money in very quick, 4s. 6d. silver, 2 1/2 d. bronze, two knives, a watch and chain, and keys.
Cross-examined by MR. GEOGHEGAN. I belong to the mounted reserves—I wasnot mounted—I watched the prisoners from five to eight minutes.
Cross-examined by MR. HICKS. I did not search Wallace at the station
—nothing was found on him—I was on special duty—I had to go outside the dairy to get the horse ami trap—I did not see the bag.
JOSEPH SAMUEL SMITH . I am a farmer, of the Moon's Farm, Walthamstow—I was at the Higham Park Dairy sale on 16th May—Higgim stood on the left-hand side of me—I conversed with him—I was there about half an hour—Mansfield spoke to me, in consequence of which I clapped my hand to my pocket—it was empty—I had about 5l. in gold and silver in my left-hand trousers pocket, and I had a short jacket on—I put the bag inmy pocket when I went there, and I know it was there while I was there.
Cross-examined by MR. FRITII. I will swear to this bag, and can bring my daughter who made it—I could feel it was safe in my pocket.
Cross-examined by MR. GEOGIIEGAN. I do not know how it went—I had not seen my purse during the half-hour I was at the sale—Higgins wag the only person I conversedwith while the cattle were being sold—borne one bid 8l., and said to I Higgins "Did you bid that?" and he said "Yes. "
Cross-examined by MR. HICKS. I cannot recognise Wallace, only Higgins.
THOMAS RUMBALL , I am a farmer of the Dairy Farm, Upper Clapton—I was at the Higham Dairy Farm sale on 16th May—Mansfield spoke to me, and we drove in pursuit of three men—we followed them about a mile and a quarter, and came up to Harcourt and Wallace near theferryboat, near Tottenham, in the Water Works grounds—I saw Harcourt at the sale—I saw Harcourt and Wallace about 500 yards off on going after them—I did not lose sight of them because we were going across fields—I made a communication to a constable at the ferry-boat, and Harcourt was taken into custody.
Cross-examined by MR. FEITH. They were running towards Tottenham—Harcourt had crossed Blackhorse Lane when I saw him—I saw the constable bringing Higgins back from Blackhorse Lane—I had a conversation with the constable and followed them.
Cross-examined by MR. HICKS. They ran to the ferry and turned—they were 20 yards off then—I told Harcourt they were wanted on suspicion for a robbery—I did not see Wallace at the sale.
JAMES MALONEY (Policeman N 438). I was on duty about a quarter to 4 on 16th May in Ferry Lane, Walthamstow—I received information, in consequence of which I went after Harcourt and Wallace in Mr. Bumball's trap—they were coming towards me; as soon as they saw Rumball speaking to me they turned back and ran through a gateway into the East London Waterworks' private property—I jumped on the trap and followed them—I jumped off within a dozen yards of Harcourt—I said "Hulloa, old man, it is no use running down there "—he said "What do you mean?"—I told him I should take him into custody on suspicion of being concerned with other men in stealing some money from a man at Higham Hill—Wallace was then running towards Chingford—Har-court said "That is all nonsense "—I said "Why do you run, then?"—he said "I was going home to tea"—I said "Where do you Jive?"—he said "Bow "—I said "It's a funny way to go to Bow"—he was going from Bow—I said "You will have to come to the station with me, and you can make any explanation there you like"—I met a man named Pearce and sent him after Wallace.
Cross-examined by MR. FRITH. There is 110 road there—he could not pass unless he could swim.
HENRY PEARCE . I am a labourer of 6, Churchyard Street, Hackney—on 16th May I was going down Noakes' Lane, called Ferry Lane now—iii consequence of what a policeman said to me I went after Wallace—I came up with him in the East London Waterworks enclosure—I tried to hold him, he struck me—I gave hin in charge of a constable.
Cross-examined by MR. HICKS. I followed him 200 yards—I told him he wason private ground—there are large filter beds and he could not pass—he hit me two orthree times, he cut the top of my temple with a stone.
JOHN WALKER (Policeman N 343). On 16th May I received some information in consequence of which I proceeded in the direction of the robbery—I saw Wallace held by Pearce—I took him into custody—on the way to the station he asked me how long he would get for this and whether it would be six months.
Cross-examined by MR. GEOGHEGAN. Nothing is known against Higgins.
Cross-examined by MR. FRITH. Nor against Harcourt.
Cross-examined by MR. HICKS. I told Wallace he would be charged with stealing a bag—I found nothing on him, no shreds of a bag.
EDWARD CHARLES BOSWELL . I am a carman of 1, Belmont Terrace, Leyton—I found this bag in Blackhorse Lane, Higham Hill, Walthamstow, on Thursday, 18th April—I gave it to the police constable on the Saturday morning.
Cross-examined by MR. FRITH. I have been out of employment a week last Saturday—I have never given evidence "for the police before—I went to the Court on Wednesday to hear the case—I heard the bag described—I heard the prosecutor say he had lost it—I found the bag about 3 feet before you turn the corner into Higham Street—I had work on Friday for a gentleman on the ferrybrook, to dig some garden—I do not know his name—he paid me Id. an hour—I do not know what you mean by a policeman's "nark"—I am not a runner to get up evidence for the police—I have never hear of a policeman's "nark;" the term has not been applied to me.
WALLACE** also PLEADED GUILTY to a conviction of felony in September, 1875, at Clerkenwell.— Five Years' Penal Servitude.
HARCOURT and HIGGINS— Nine Months' Hard Labour each.
Before Mr. Common Serjeant.
MR. TICKELL Prosecuted; MR. GEOGHEGAN Defended.
ANDREW THOMPSON . I am a consulting engineer, of Jasmine Villa, Lansdowne Road, Snaresbrook—on the night of the 24th April I was the last person in my dining room until about 11o'clock—I saw that the doors and windows were secure before I went to bed—next morning I got down about 12 o'clock, when I missed a pipe and clock from the mantel-shelf in the diningroom—also an antimacassar, which I have not seen again.
and found the dining-room door closed—I went into the room and found everything in confusion, and saw that the window was about half an inch open—there was a footmark on one of the chairs at the window; I missed the marble clock produced, from the mantelpiece, and the antimacassar from the couch—I saw my master close and fasten the dining room door on the night previous.
HENRY ARTHUR POPE . I am a saw-piercer, of 58, Queensbury Street, Islington—I have known Hall for the last three or four years, and during the last six or seven weeks I have seen himwith Dearman at the Crown and Anchor, Islington—he used to live there—on Tuesday morning, 25th April, I was passing the shop about 9.30, and Hall called me—he said "Where are you going?"—I said "Up to the Agricultural Hall"—we walked down to a boot-shop in Church Passage; Hall went in, and the man who keeps the shop came out with him, and we went over to Mr. Bond's public-house in Upper Street, Islington—Hall said he had been to a sale at Enfield, and had bought a clock and gave 28s. for it, and he said "Soldier, take the clock and pawn it, and I will give you 2s. for your trouble"—Soldier is a nick-name—I said "Yes," and from there Hall went with me to his shop—we went inside, and the clock was on the floor under a tea-chest; Dearman was in the shop—Hall put the clock on the counter, and Dearman said it was a nice clock—Hall asked me to take it to Coley's pawnshop; I said "Won't it be as well to take it to Mr. King's?"—he said it would be as well—he asked me to ask 60s. for it; I took it to King's and got a loan of 2l.—I asked Hall for his card before I took it, and he gave it to me; the pawnbroker's assistant has, I believe, got it—I received this pawn-ticket, which I gave to Hall—I met them outside Islington Church, and gave Hall the ticket and the 2l.; we went over to Mr. Bond's, and then he gave me the 2s.; Dearman was present—from there we went to the Fox and Crown at Islington Green—Hall paid for the beer at Bond's, but in the Fox public-house I forgetwho paid for it; I did not—while in the second public-house Dearman showed me a meerschaum pipe; it had no case to it; it was similar to this (produced); it was scratched about—he asked the company 1s. for it; he did not sell it—I said "I could sell the pipe for you"—I took the pipe down to Cross Street—on the 22nd April I met Hall at the top of Church Street, Islington, almost opposite the pawnbroker's—he said "Soldier, come and have some beer;" I said "Yes," and we both went over to Mr. Bond's—he said "Do you mind taking this coat into the corner for us, I do not like to go myself; I will give you a shilling for your trouble"—he handed me the coat—I took no notice of it, knowing he was a tailor; it was one similar to that (produced)—I have seen it before—I did not notice the lining—I took it to Mr. King, the pawnbroker, in Upper Street, Islington, and he lent me 1l. 2s. upon it, which I took to Hall at Mr. Bond's, and he gaveme a shilling.
Cross-examined. I have not done any work for the last seven months; I last worked for Mr. Batcherman, of 36, Pentonville Hill, for six and a half years; the last six months I have been working at the Agricultural Hall, helping to fix show-stands—it never occurred to me to ask Hall why he did not pawn the clock himself; I did not think it strange that he wanted me to pawn the coat—I have known him for three or four years; as far as I knew he was a perfectly honest man.
GEORGE AUGUSTUS RICHARDS . I am assistant to Mr. King, pawnbroker, of 131, Upper Street, Islington—I produce four pawn-tickets, one of 22nd April last, being for a clock 10s., in the name of John Hall, Church Passage; one on the same day for a coat, 22s.; the same name, 1, Church Passage, on 24th April, one for an overcoat and man's boots for 12s., in the name of Edward Smith, of 24, Cross Street—on 25th April one of the witnesses I saw at Stratford brought a clock, which the foreman took of him for 2l., and he produced his card, stating that he came from Mr. Hall; I saw him produce it.
Cross-examined. I did not know who Hall was; I do not know whether the foreman did—Church Passage is within five minutes' walk of our shop.
ELIAS NUTKINS (Detective Sergeant W). On the night of the 25th April I was with Inspector Glasse, and met Hall in Moore Street, Hackney—I saw him drop a pawn-ticket relating to a marble clock, which has been identified by Mr. Thompson—I took him into custody; Dearman was in custody at the time.
JAMES GEORGE CHAPPELL . I am a tailor, of Prospect Hill, Walthamstow—on the night of the 17th April I went to bed about 11 o'clock, and before doing so went round and saw that all the doors and windows were safe—about 6.30 the following morning, in consequence of acommunication made to me by my servant I went downstairs, and found the dinin-groom window open and the blind partially drawn up—I missed this marble time-piece from the mantelshelf, also this electro-plated teapot and meerschaum pipe, also this microscope, and two bronze horses, and a number of articles which I have not since seen—I noticed that the boot of a man had scraped the window-frame—I gave information to the police—I was present when the prisoners were charged with burglary at my house on Thursday, the 27th April—they made no answer.
Cross-examined. I did not know that Hall had been a couple of hours in custody before.
THOMAS GLASSE (Police Inspector W). I searched the house occupied by Hall at 4, Oswald Road, Homerton; I found the plated teapot and pipe identified by Mr. Chappell and a pipe-case identified by Mr. Rose.
JOHN COLLINS ROSE . I live at Lecon field Lodge, Blackhorse Lane, Walthamstow, with my father and brother, and am a mercantile clark—on the night of the 11th April I saw that the windows and doors were secure, and on the following morning at 6.30 I was called up, and went down to the dining-room, and found an entry had been effected through the window, and that the catch had been forced back; I missed from the mantelpiece this marble clock, also 12 plated forks, of which these are two produced; also a briar-root pipe and a meerschaum pipe—I have not seen the meerschaum pipe since—I believe the case produced to be thatof one of my pipes; this (produced) is a pipe I missed—I never saw the prisoners except at the police-court.
Cross-examined. To the best of my belief those are my forks—if I went to Mappin and Webb's I do not suppose I could tell one electro-plated fork from another—I have handled these so many times that I know exactly the condition they were in
Re-examined. That pipe case is the property of my father, Joseph Kose.
ALICE CUNNINGTON . I am a domestic servant in the employ of Mr. William Brown, of Keswick Villa, Leytonstone—on the 17th April I went downstairs between 5.30 and 6 a.m, and found that the parlour window had been opened, and the things in the room were in confusion; I had fastened the window myself for the night, before 10 o'clock; all the plate had been turned out of the plate basket—I missed this marble clock, and the horse belonging to it (produced), also a plated goblet—a plated sugar basin, four large tablespoons, one gravy spoon, one pair of nutcrackers, and three little pickle forks, which were in the plate basket, also a large gravy spoon, a pair of salt spoons—the little salt spoons are silver, but the mustard spoon is plated, which is foundthere was one silver mustard spoon also—I also missed half a dozen plated table spoons and three small silver teaspoons, very thin and worn, four large forks (plated) and fire other forks—I do not know whether they were plated or silver—I missed this coat from a chair in the drawing-room.
CHARLES NUTKIXS (Policeman). At about 10.30 on the morning of the 2 7th April I went to Hall's house, 4, Oswald Street, Homerton—in a vase on the mantelshelf I found three pawn-tickets, one relating to a dozen knives and forks which have been produced—there was another relating to a dozen dessert knives and forks pawned at Walford's, and another ticket for a marble clock pawned at Pocock's; the dozen knives were pawned on the 14th April in the name of J. Hall, of 2, Church Passage, for 12s.; the dessert knives and forks were pawned in the name of John Hall, of Church Passage; the marble clock and bronze figure at Pocock's on the 17th April for 1l. 2s. 6d. in the name of John Hall—Pocock's is within two minutes' walk of the prisoner's shop.
THOMAS GLASSE (Re-examined). On the 28th April, when the prisoners were about to be charged at the Lea Bridge Road station, I received this lid of a butter dish from Hall's wife—I gave evidence against Dearman, and he pleaded guilty—I took Hall into custody onthe 26th April at Clapton Park—he was in company with his wife and a lodger—I said, "I want to speak to you; I am an inspector of police"—I was in plain clothes—I said, "I am about to take you into custody on a charge of receiving stolen property, the proceeds ofdifferent burglaries at Leyton and Walthamstow; it is my duly to caution ycu that I may use your statement in evidence against you "—he made no reply to that, and I said, "I have ascertained that you have been dealing with a clock stolen from Jasmine Villa, Woodford; and I have also ascertained that you been seen in the company of a man who I believe to be concerned in these burglaries"—he said, "I know'nothing about any man"—I described Dearman to him—hethen said, "Yes; I know; that man brought some things which he said he had bought at a sale, and asked me to pawn them"—I said, "I want to know, where that man is?"—he said, "I do rot know where he is;" after a little while he said, "I have only known him since last Good Friday"—I took him to the policestation, and then searched him, and found on him two pawn tickets, one for two tablecloths and napkins; they do not relate to any property the subject of the presentcharge—I then went to his house, and searched it—I found a short trowel in his breast pocket—one pawn ticket relates
to two tablecloths and two napkins, pawned for 9s., on 22nd April, in the name of Joseph Hall—the other relates to an overcoat, 11th April, 6s. 6d., in the name of Ann Mills, 7, Chats Road—it appears to be an abbreviation of Chats worth.
Cross-examined. Hall had a tailor's small shop at Church Passagepawnbrokers do not always trouble to put down Christian names correctly—I do not know that Hall was ever charged before.
FRANCIS HUNTLEY (Police Sergeant N 267). I have known the prisoners since the first of last month—I met them about the 24th April in Mare Street, Hackney, at about 3.5a.m—I have not seen them together on any other occasion.
Cross-examined. I have not given evidence before, because I was not aware that my evidence was required—on Monday I was asked to give evidence here.
HALL— GUILTY.— Five Years' Penal Servitude.
DEARMAN PLEADED GUILTY to having been convicted of felony on the 19th September, 1870, at this Court.— Seven Years' Penal Servitude.
CHARLES HOOPER PLEADED GUILTY to receiving.
MR. TICKELL Prosecuted.
WILLIAM RIVETT . I am an architect and surveyor, of Primrose Villas, Vicarage Road, Leyton—I went to bed shortly—after 10 p.m on 29th March last, having seen that my house was securely fastened—between 5 and 6 next morning, in consequence of what I was told, I went down stairs and found the house had been entered in front by the breakfastroom window—the room was in great disorder—amongst other things I missed seven vols, of an Encyclopaedia, and two books on architecture, and others—a fur cape, a brown silk dress, and a moiré antique—altogether of the value of about 20l.
ALBERT ABRAHAM . I am assistant to Mr. Michael Frankell, pawnbroker, of 243, Victoria Park Road, South Hackney—on 30th March last the 7 vols, of the Encyclopaedia were pawned by the male prisoner at our shop for 6s.—he left the shop and returned with the female prisoner before I advanced the money—I produce the duplicate—the advance is small because the books are not complete.
GEORGE BANKS (Detective). On-Thursday, 11th May, I searched the prisoners' lodgings at Rose Cottage, Thornhill Road, Leyton—I found two electro-plated cruet tops identified by Mr. Jones—two vinegar bottles, pepper box, and mustard pot, identified bv Mr. Simpson—I searched the front garden, where I found 11 pawntickets embedded in the ground under the window—when at the police-station I heard the male prisoner say to the female "What have you done with that seed?"—she said "That is all right, I have shifted it"—he then said "Sarah, if you get off to-morrow burn the b—s—"—the pawntickets were in this tin, buried
in the garden (produced)—one refers to a gown, skirt, and cape, pawned in the name of Mary Baker, 3, Angel Road, Burdett Road—one for 7 half vols, of an Encyclopedia; one for a marble clock in the name of Sarah Wilson, identified by Mr. Barlow; one for a tape-measurefor 1s. 6d. in the name of Ann Woods; that belongs to Mr. Simpson—one for a sugar basin and butter dish—one for an overcoat pledged in the name of Jane Wood—another for a jacket, 5s., in the name of Ann Wilson; and four others relatingto articles not identified.
JAMES WEBB . I am a schoolmaster, of 5, Belgrave Terrace, Church Road, Leyton—when I went to bed on 5th April my doors and windows were fastened—when I got up next morning at 6.30 I found the house had been broken into and I missed this skeleton clock (produced).
SARAH HOOPER— NOT GUILTY .
CHARLES HOOPER PLEADED GUILTY .
MR. TICKELL Prosecuted.
MARY GLENFORD . When I bought the ticket of the female prisouer I asked her who the brass clock belonged to, and she said "It belonged to a young man who lodged with me and he has given me the ticket "—I gave her 5s. for it—she lived next door to me for six years—on the 21st April I went to a pawnbroker named Fish, at Kingsland Road, Shoreditch, with the ticket and redeemed the clock produced—on the 11th April she brought these spoons and forks to me, for which I gave her 125.—I asked her how she became possessed of thespoons and she said she got them with the intention of opening a coffee shop, and that Mr. Hooper had sent her, and that a young man had sent her with the forks—I knew her as Hooper's wife.
ELIZABETH TUCKER NICKS . I am a widow of 2, Clifton Villas, Leyton, the house of my brother, William Jones; on the night of the 10th April the house was broken into and I missed six tablespoons, six dessert spoons, six table forks, and two salt spoons, belonging to me—this is the property—they have no initials on them—I identify them by there being the samequantity and the same description in every way—I cannot positively swear to them—thetwo pepper tops are mine, and also the thimble.
INSPECTOR THOMAS GLASSE . On 17th May I saw the female prisoner and said to her "You pledged at Fish's, Kingsland Road"—she said Yes I did, I pledged it for Mr. Dearman"—I said "He was with you"—she said "Yes, that is all I pledged "—the male prisoner interposed, and said M Have you pledged anything else or not?—she said "Yes"—he said "You know what you have done; I don't know anything about it"—I said to the female prisoner "You also pledged a clock at Carter's, Mare Street, Hackney"—she said "I didn't, I haveouly pledged one clock "—I said "You know some one at Hackney Wick, near the Lord Napier, who, I believe, you sold something to "—"she replied
"I don't know anybody there"—as she coming out of the room I said to her "What is the number of the Lord Napier; 13 or 30?"—she said "30"—she then said "I sold a woman there a ticket that I pledged a clock for, for Mr. Dearman; that clock is all I had anything to do with."
Surah Hooper's Defence. All that I have done has been under my husband's instructions.
GUILTY . There were also two other indictments against the prisoners and Dearman and Hall, which were not proceeded with. CHARLES HOOPER— Five Years' Penal Servitude. SARAH HOOPER.— Six Months' Hard Labour.
Before Mr. Recorder.
MR. RIBTON, for the prosecution, offered no evidence on the Inquisition, the Grand Jury having ignored the bill.
NOT GUILTY .
MR. ROBERTSON Prosecuted.
ALBERT NEEDHAM . I live at 202, High Street, Lewisham—I am 16 years of age, and am employed with the prisoner at a bicycle manufacturer's at Blackheath village—I worked there before he did; I had left to go to another place, and my master asked me to go back—on 23rd March about 3.30 I and the prisoner were in the shop alone; he stole some of the food which my master buys to eat in the shop; I told him to leave it alone, and he began swearing at me and wanted to fight me—he came up to hit me; I put out my hand and hit him—we had a little bit of a fight; he picked up this wood-chisel (produced) and ran it through my arm—it was lying on the bench close by the place where we were fighting; he snatched it up with his right hand and ran it through my muscle near the shoulder—he would have stuck it intomy chest if I had not put my arm out; it went through in the front part of the arm and partly cameout through the flesh at the back part, and then he pulled it out—I went to get the wound dressed at the chemist's, and afterwards to Mr. Miller's surgery; he dressed it, and took me to Guy's Hospital the same day—the blood was flowing greatly when I went to the chemist's; I feltvery sick and weak as soon as I sat down; the chemist's is opposite my master's place—my master was in the next shop When this took place—when I ran outside I gave one "Hulloa," andran over to the doctor's—the prisoner was hiding the chisel inside the shop at that time, Ibelieve, and then he ran out.
Cross-examined by the Prisoner. You had not picked up the chisel to sharpen a bit of wood when I came up and hit you.
MAKE PENNEL . I am washer at the cab-rank at Blackheath village, and live at 10, Bell Street, Greenwich—on 23rd March I was standing at the cub-rank, which is close to the bicycle shop where the prosecutor
worked—I heard a noise, and ran over to the shop; I saw the prisoner there; he said "I have stuck it into him; I hare stuck it into him!"—I said "Stuck it into who?"—he did not answer for a minute; a man ran in after me and said "He must mean his mate;" he said "Yes, it is, and he has run out;" I said "What did you stick him with, a knife?"—he said "No, a chisel;" I said "Where is it? let's have it, out with it;" "I don't know," he said at first—I said "Let's have it," and he handed it to Payne, the man who came into the shop after me; he said to me "I shall be locked up;" I said "Yes, but you must not run away; you stay with me," and he stayed till the constable came up and took him to the surgery, where he was handed to anotherconstable and taken down to Lee.
FREDERICK DUCK (Policeman R 196). On 23rd March, about 20 minutes past 3 o'clock, I was on duty at Blackheath—I was called for, and took the prisoner, following the marks of blood, to a chemist's, and then to the surgery, where I found the prosecutor having his wounddressed by Dr. Miller—I charged the prisoner, and asked him what he had done it with, and he told me a chisel.
GEORGE ASHWELL . I was surgeon at Guy's Hospital when this happened on 23rd March—the prosecutor was brought to me at 4.30 in the afternoon; I examined him, and found a woundon the upper and front part of his right arm, communicating with two wounds in the armpit on the same side; it went right through the arm; they had been bleeding, and bleeding came on when the bandages were removed—a vein and a nerve were "divided, and we had to tie them—it mighthave been very dangerous if it had not been attended to; the vein has united, but the nerve has not, and the arm is now paralysed, and in all probability the boy will never recover the use of the arm—he remained in the hospital till 10th May, and then was discharged—I believe he is having it dressed occasionally still; I have not seen it lately; it is small and superficial now—there was no other injury.
The Prisoner in hit defence stated that he did not take his master's food, that the prosecutor came and hit him, and that he had the chisel in his hand, and without knowing what he did he went to thump him hack, and the chisel went into him
NOT GUILTY .
Before Mr. Justice Manisty.
MR. GEOGHEGAN Defended.
JOHN MAHONEY . I live at Ferris's lodging house, Mint Street, and am a labourer—at 20 minutes past 12 on 6th May I was in the Boro', near St. George's Church—I met the prisoner and two more chaps—one asked me where I was going; I said I was going home—one put his hand across my throat, struck me across the back, and they put their bands into my waistcoat and then into my trousers pocket and got 2s. 6d.—one of them said "Haveyou got it?" and another said "Yes," and they knocked me down on the pavement on my back—I was senseless—when I got up I put my hand to my back and two young men said "Are you hurt?"—I
said "Yes"—I went to the station—the prisoner wag afterwards brought in on another charge and I identified him.
Cross-examined. I had never seen him before—I was caught across the throatand hit on the back before he came up to me; he was with them—I cannot tell you whatthe others were like.
Re-examined. I have no doubt as to who the men were.
JOHN PERRY (Policeman M 136). Between 12 and I on Sunday morning 7th May, I saw a crowd close to St. George's Church—I ran across the road, saw the prisoner on the top of a man; he was not the prosecutor—it was another man named Deady—I caught hold of him by the collar of his coat—he was holding the man with one hand and striking him with the other—I took him to the station and charged him with assaulting Deady with intent to rob him; and then Mahoney identified him as the man who robbed him.
Cross-examined. When I searched the prisoner I found on him 6d. in silver and 8 1/2 d. in bronze.
Re-examined. This robbery was committed at 20 minutes to 12 and it was about 12.30 when I took him into custody.
1 GUILTY.— Eighteen Months' Hard Labour.
MR. POLAND and MR. MONTAGU WILLIAMS Prosecuted; MR. ADDISON, Q. C. Defended. The details of this case were unfit for publication.
GUILTY .— Six Months' Hard Labour.
Before Mr. Recorder.
MR. LEVY Prosecuted.
PERCY EDWARD THURSE . I am a hairdresser and live at 19, Swan Street, Boro'—on the night of 9th of April about 11, I was coming along the New Kent Road—I stopped near the railway arch to have a cup of coffee: and as I stood there I received a blowin the face, I did not see who from—it knocked me to the ground insensible—I got up and found I had lost my watch and part of my chain—a gentleman picked up my hat—I saw a man and woman there—I gave information at the station the same night—two or three days after I was fetched to the police station—I picked out the woman by her voice; but did not recognise the prisoner, I did not hear him speak.
HENRY GEORGE (Police Sergeant L). On 21st April, about 11 a.m, I saw the prisoner with two others in the Angel public-house, Blackfriars Road—when he left I followed him—I got the assistance of two other officers and told him he would be charged with assaulting a man and stealing his watch and chain on the 9th in the New Kent Road—he became very violent and threw the two officers to the ground several times—with other assistance we got-him so the station—while in the library he said "George-, let me have a chance to get out of this; place me with some others"—I said "Certainly, before you are charged you will be placed with others"—he was placed with about ten others; the prosecutor was brought in, at first he could not identify any one; after he
came out he asked to go back, and he then identified the prisoner—he said "I think I know you"—the prisoner said "No you don t"—-later in the day he was placed with 15 others and the coffee stall keeper came and immediately identified him—theprosecutor said he saw the prisoner have his hand on his chain.
NOT GUILTY .
MESSRS. FOSTER REED and CANNOT Prosecuted; MR. HEWICK Defended.
JAMES ENFIELD . I keep the Jolly Sailors beerhouse, Dorset Road, Clapham—I have known the prisoner as a customer—on 10th March, between 11 and 12 a.m, he came to my house with another man I did not then know—he said "Can you oblige me by cashing a cheque for 10l.?"—he produced this cheque—I said "I do not think I can give you the full amount, I will give you what I can and the rest during the week"—I gave him 6l. 10s.—I saw him endorse it—I have since paid him 2l.—I saw him hand some money to the person who was with him—that person called later in the evening and said "Do not pay any money over to any of Lymond's friends if they call," as he had had too much to drink during the day—he also said "You need not be afraid of the cheque, it is drawn by a friend of mine and will be all right"—I sent the cheque into my brewer's account—it was returned on 20th of March, marked "No account"—I called on Lymond the same evening and told him I had had the cheque returned marked "No account," and asked him what was to be done about it—he said Maitland had deceived him—he always understood he had an account at the bank, but would see him about it, and it would be all right—I saw him several times the same week—I asked him if he would tell Maitland to call upon me—on 25th March the person who was with Lymond called with Lymond's wife—she said "I nave brought Mr. Maitland to see you as you requested"—I asked them inside—Maitland said "Iam sorry I got this cheque cashed, but if you will hold it over, I shall have some money in a few days, and I will pay it"—I asked him his address, which he wrote on an envelope and left with me—I told him it looked very much like a fraud between him and Lymond, and if I was not settled I should put it in the hands of the police—he said the manager of the bank was a friend of his, and he thought he would have passed it—I had received a letter from him through the prisoner during the week, asking me not to prosecute.
CHARLES HOWARD FRIEND . I am cashier at the Imperial Bank, Ken-sington Branch—the cheque produced was marked "No account" in my writing when presented at our bank—I produce a certified extract from our ledger which shows that Maitland on the 1st January, 1878, had a balance of 15s. 1d.—on 18th March we paid acheque for 5l. 5s., over-drawing his account 4l. 9s. 11d.—it remained overdrawn till the 20th of December, when there was a cash credit of 2l. 10s., which added to a previous payment of 1l. 19s. 11d. balanced the account—no sum has been paid in to Maitland's credit since that date—the account is closed.
I read it to him—he made no reply—I took him to the station—I asked him if he had any correspondence with Maitland, and he said "Yes, I have had two letters, this is one," and he handed me this letter produced (Stating that he had been trying to get money, and asking how things stood; the reply to be addressed to B. L. Maitland, ears of T. D. Bill, Esq., Eversleigh Lodge, Lewen Road, Streatham)—on the way to the station he said "This is ail Maitland's fault, he told me he was terribly hard up, as his wife was going to be confined"—I took him to the station and he was charged.
Cross-examined. I hate ascertained that Maitland was engaged in the Bank of England.
The Prisoner's Statement before the Magistrate. "I believed in Maitland's faith and honour, and that he would meet the cheques.
NOT GUILTY .
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and LLOYD Prosecuted.
ALBERT PAUL . I work for Mr. John Charles Harrison, a newsagent, of 115A, Blackfriars Road—on 5th April I served the prisoner with a Daily Chronicle—he gave me a two-shilling piece—I gave it to Mrs. Harrison—I saw her give it to Mr. Harrison—I was sent for a constable about five minutes afterwards.
JOHN CHARLES HARRISON . I keep the news shop—my wife brought me this florin—the prisoner was in the news shop—he was brought to me in the tobacconist's shop next door by a policeman—I said to the prisoner "Are you aware this is bad?"—he said "You are a better judge than I am"—I asked him where he got it from, he said in change for a sovereign, and he showed me the remainder of the change—he said "I will leave the newspaper as I have not paid for it," and laid it down on the counter—as he was going into the street with the constable he passed his arm over a show-board, and I heard something jingle—I picked up a packet which had broken and seven florins rolled out—I handed the packet to the constable.
Cross-examined by the Prisoner. I asked a lady if she saw you throw the packet away, and she said no—a crowd collected—I did not ask them all.
JAMES AITKINS (Policeman L 182). I was 250 L—Paul fetched me—the prisoner was standing in the shop—Mr. Harrison said "I want to give this gentleman into custody for passing false coin"—he showed me the coin and I marked it—the prisoner said "I came into this shop a quarter of an hour ago and tendered a boy a two-shilling piece for a paper, when this gentleman came in, I do not know who he is, and said it was bad; I cannot say whether this is the coin I gave the boy or not, but if you say it was I will pay the expenses, and take you to the public-house where I got the change for a sovereign"—I said it was better to go to the station first, and I took him into custody—about two yards from the door he said "Allow me to lay this paper back, I did not pay for it," and he left the paper on the counter—Mr. Harrison then gave me this parcel of money—the paper went to pieces?—I have had the
parcel ever since—I searched the prisoner—I found 1l. 11s. 9d. in silver, and 1s. 8d. in bronze, and another bad florin—when charged he said he got the money from the cabman.
Cross-examined by the Prisoner. You did not give the name of the public-house, but said it was at the corner of Blackfriars Road—I did not see you throw anything down, but you were fumbling with your paper.
The prisoner in defence said that he gave a cabman a sovereign who got change at a public house; he did not know part of the change was bad; he had com from Russia to fetch his family as he had work there.
GUILTY .— Fifteen Months' Hard Labour.
MESSRS. POLAND and HICKS Prosecuted.
ELLEN EUGENIE SMITH . I am the wife of Henry John Smith, of the Skinners' Arms, Great Suffolk Street, Borough—on 1st May about 10 a.m Patterson tendered a florin for a half pint of four ale—I gave him 1s. 11d. change—he left the house—I looked at the coin, and showed it to my husband—it was bad—on 6th May I saw the prisoner at the house again—my husband served him.
Cross-examined by Patterson. I put the 2s. in the till—I did not leave the bar.
HENRY JOHN SMITH . I am the landlord of the Skinners' Arms—my wife showed me the florin—I examined it, and found it was bad—I put it on the mantelpiece, and afterwards gave it to Benning—on 6th May I served the prisoner with a pot ofbeer—he tendered a bad half-crown—I said, "It is bad; you must be careful, oryou will get locked up for passing counterfeit coin," and "Where did you get it?" he said, "At the Dock Wharf," and that he had no more money on him—I also gave that tothe constable, having put it aside with the bad florin—on 7th May the barman of the Duchess of Edinburgh made a statement to me; I went there; it is about Ave minutes' walk; Patterson was detained; Miller was there—I charged the prisoner.
Cross-examined by Patterson. You said it was paid to you where you worked over the water—the policeman asked if you had got any more, and you said, "No"—the policeman said, "Any hard-working man is liable to take a bad half-crown; I took one myself last week. "
ETTIE COWELL . I am a barmaid at the Duchess of Edinburgh, Great Suffolk Street—Miller came there daily—on 6th May she came with several men and women—I saw her pass some money to a man who called for some stout and mild—the man tendered a half-crown—I said, "This half-crown is bad;" the man said, "I wish I had a bagful of them"—Miller said she had got it in change for half a sovereign paid for a pair of boots in the Walworth Road—they then left the house with Patterson, who was present when the order was given—the prisoners came back about 6.30 p.m—Miller gave another man the half-crown, and he said, "This woman wants me to call for a pot of beer, but I shall not; will you break it?"—I said, "We cannot; it is not our money,"
and they left the house—on 7th May the prisoners came again—I saw Patterson taken into custody, and Miller followed to the station—she told the inspector she had given me the half-crown, and was detained.
LOUISA WHEELER . I am a barmaid at the Duchess of Edinburgh—on Saturday night, the 6th May, about 9 p.m, I served the prisoners with a pot of four ale; Patterson tendered a half-crown, and I gave him 2s. 2d. change—I showed it to Cowell—I said to Patterson, "The half-crown you have given me is bad;" he said, "That is not the one I gave you"—I called the landlord—Patterson then tendered a good florinto pay for the ale—the half-crown was returned to him and he left with it, as well as 2s. 2d. change—I saw him the next night, when he was given into custody, and when Mr. Smith came the half-crown was very greasy looking—I tried it upon a slate.
Cross-examined by Miller. I can swear you were there—you gave a shilling to pay for beer later in the evening.
ROBERT BENNING (Policeman M 273). On 7th May I was sent for to the Duchess of Edinburgh about 10.45 p.m—I told Patterson I should take him into custody for passing bad money on Saturday night in that house—he said "I know nothing about it; I can soon prove my inno-cence; I will go into the house with you"—Miller said "It was not him, policeman, that tried to pass the bad half-crown; it was me "—Patterson went into the house, and while the conversation was going on Smith came in and said "I will give this man into custody for passing a had half-crown in my house yesterday about 1 o'clock "—I took Patter-son to the station, and found two florins, eight shillings, and sixpence in silver, and 1s. 6d. copper, good money—Miller followed to the station—she produced this half-crown, and said to the inspector on duty "He was not the one that tried to pass the half-crown, it was me; he knows nothing at all about it"—she said she took it in change for a half-sovereign at a boot-shopin the Walworth Road—I also produce a half-crown and a florin which I received from Smith.
JETHRO FLACK (Policeman M 261). I was present when Miller was charged—she said "I went home to fetch the half-crown to prove it was not the one he uttered," meaning Patterson—she gave it to the inspector—this is it (produced).WILLIAM WEBSTER. This florin and these two half-crowns are bad. The Prisoners in defence said they did not know the money was bad.
NOT GUILTY .
Before Mr. Justice Lopes.
MR. ELLIOTT Prosecuted;
DAVID ELLIOTT . I live at New Hall, near Chertsey, and am a labourer—I remember Sunday, 19th March—I was near the Victoria Inn, Wood Lane; the prisoner was with me—we left the Victoria about two minutes before 3 o'clock, and went down the river bank by the canal side; there is a river and a canal there—we went down the canal bank—we got to some land which always went with Mr. Lindsay's farm, and after we got
over the bridge I stopped back to do a job, and the prisoner went on 10 yards in front of me; he then pulled a lucifer out of his pocket and struck it, and put it down to the heath—there 13 a common there—as soon as he had left the heath he ran away over the lock-gates—I tried to put the tire out, but I could not do it—I saw nothing more of the pri-soner till the next Tuesday morning, this being on Sunday—he then said "That fire did flare, did not it?"—I said "The greater fool you to do it; you might have got me into trouble"—he said nothing more till 19th April, when I was going down the road and saw him again between the Queen Victoria and New Hall Road, whenhe pitched into me—he said "What business had you to split upon me about that fire?"—I said "I told the truth and nothing but the truth"—he struck me three times, and I got away from him, and went round the other way home—I did not strikehim; he struck me about the head, and I stood still and did nothing; I was not going to getmyself into trouble—there was no other fire burning on the Sunday—I first mentioned the fire on the Monday morning, when I went to work for Mr. Terry, the landlord of the Vic-toria—he is not here.
Cross-examined. I do not know the date of my first examination before the Magistrate—I have told you all about it now, and I can't say any more—it was in April that I first gave evidence to the police—it was not on 3rd May that I first gave evidence in Court as regards this matter—it was in April when the prisoner came to me—it was in May when I went to Chertsey—it would be 8th April when the policeman came to me; that was some time before the row between me and the prisoner—I often saw the prisoner between the 8th and 19th; we were always being in com-pany—I was not in his company when he pitched into me.
By the COURT. I saw him often and was in his company, but did not speakto him—I never spoke to him till the night he pitched into me—I mean to say that between the 8th and 19th I saw him constantly, but never spoke to him—where I saw him was working on the railroad—I was working on the side of the railroad, and so was he—the policeman came to me there—I saw him very often between the 8th and 19th—I cannot tell how often—it was on the 19th that he pitched into me—I never told anything between the 8th and the 19th I told the policeman when he came to me, that would be the 8th April, I should say—I told him about the fire whenhe asked me about it, that was on the 8th—the policeman's name is Robert West—when the prisoner pitched into me on the 19th I did not hit him in return, I stood there and received it because I was obliged to, as I would not have any row—I was never hit before—I stood there till I got away—he hit me three blows—on the day when the fire took place I had drank two pints of beer at the Victoria—I was there about an hour; I was none the worse for it—I do not recollect lying under a tree, nor near a bridge.
MARTIN MALDON . I am agent to the trustees of Mr. Lindsay's will—they have some ground at Woodham—I have been to see the ground since 19th March—thatwas on the Friday after the 19th—I saw that a fire had taken place recently—it was on the trustees' ground—it is enclosed by the canal bank, but there is no hedge; it is private property—there are no rights of sale; it belongs solely to the landlord—between six and seven acres were burnt.
April—I served a summons on the prisoner on 1st May—I cautioned him; he said he knew nothing about it.
The Prisoner's Statement before the Magistrate. "When I left David Elliot he was lying by the tree the worse for liquor, and there was no fire there. I was nearly home, when I looked round and saw smoke, and I went back and saw fire on the bank. That is all I have to say. I don't know nothing about it. Elliot on the next Tuesday said 'I wonder if I shall hear anything about the fire. I replied Do you know anything about it?"
MR. MATHEWS contended there was no ease to go to the Jury, as the indictment did not mention whose property the furze was; it might even be that it was the prisoner's own property; nothing had been shown to the contrary. THE COURT considered that the Statute meant that whoever set fare to heath, with a mischievous mind, shall be guilty of an offence, as the Statute used the words "Shall set fire to any heath, funs, or grass, whereverthe same may be growing," and the case must therefore go to the Jury.
NOT GUILTY .
NOT GUILTY .
ADJOURNED TO MONDAY, JUNE 26TH, 1882,