CENTRAL CRIMINAL COURT
ELEVENTH SESSION, HELD SEPTEMBER 11TH, 1882.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS AND SONS, 119, CHANCERY LANE,
Law Booksellers and Publishers.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, September 11th, 1882, and following days,
BEFORE THE RIGHT HON. SIR JOHNWHITTAKER ELLIS, BART., LORD MAYOR of the City of London; The Hon. Sir FORD NORTH , Knt., one of the Justices of the High Court of Justice; The Hon. Sir JOHN CHARLES DAY , Knt., one other of the Justices of the High Court of Justice; THOMAS QUESTED FINNIS, ESQ., Sir ROBERT WALTER CABDEN, Knt., M. P., Sir THOMAS SCAMBLER OWDEN, Knt., F. R. G. S., and Sir CHARLES WHETHAM, Aldermen of the said City; Sir THOMAS CHAMBEBS, Knt., Q. C., M, P., Recorder of the said City, POLYDORE DE KEYSER, ESQ., one other of the Aldermen of the said City; Sir WILLIAM THOMAS CHARLEY , Knt., Q. C., D. C. L., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
Sir WILLIAM ANDERSON OGG, Knt.,
CENTRAL CRIMINAL COURT.
ELLIS, MAYOR. ELEVENTH 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 prisoners age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday and Tuesday, Sept. 11th and 12th, 1882.
Before Mr. Recorder.
MESSRS. HARRIS and FULTON Prosecuted; MESSRS. BESLEY and HORACE AVORY Defended.
This case arose out of an injury sustained by the wife of the prisoner from the bite of a dog, at Chesham, in the county of Bucks, for which a joint action by the prisoner and wife was brought in that county, to recover damages from the owner of the dog. The wife subsequently died, and the prisoner brought an amended action for the loss of her service and comfort. Certain interrogatories in the action were administered to the prisoner as to his wife's sobriety, in hit answers to which he stated that she was, as a rule, a person of sober and industrious habits, although after a hard day's work she occasionally took too much to drink, and that they always lived on affectionate terms. Upon those answers the present charge was founded. The RECORDER was of opinion that these answers were not sufficient to support the charge, and the Jury concurring, found the prisoner
NOT GUILTY .
MESSRS. BESLEY and FILLAN Prosecuted; MR. FULTON Defended.
The prisoner was London agent for the prosecutors, who carried on business at Leith, from which place they forwarded goods to the prisoner on his orders. It appearing that although the whisky was ordered for specific persons, some of wm in returned it to the prisoner, he resold it, and debited himself with it, the Jury, on the direction of the RECORDER, found the prisoner
NOT GUILTY .
MR. CARTER Prosecuted.
the conductor of an omnibus—on Friday, 30th June, I went alone to the Alexandra Park races—the races concluded about 5'oclock—I should think I left the ground at nearly 7 o'clock—I got outside the entrance and met the prisoner and two men, who have been convicted—there might have been five or six of us together—I went to a house facing the Alexandra Park grounds at Muswell Hill, and had some drink there with the prisoner, not with the convicted men—shortly after we got to the Junction Hotel; that is three or four miles from the Alexandra Park grounds—it was about 12 at night when I left the Junction Hotel—the prisoner is one of the men, and the two men who are convicted, came out of the hotel with me—the prisoner was not with me the whole of the time from the time he joined me outside the gates—I missed him from Hornsey to the Nag's Head—he joined me again—about 100 yards from the Junction Hotel there is a gentleman's private grounds, with a carriage drive, and there the prisoner with the other men knocked me down, fell on me, took the money out of my right hand trousers' pocket, unbuttoned my coat, and took my watch from my breast pocket—I had 12l. about me, all in gold—I swear the prisoner took an active part in robbing me—after robbing me they all ran away—my watch was a silver one—I saw the prisoner about a month back at the Kentish Town Police station, the night before I went before the Magistrate—I am positive he is one of the men who took part in robbing me.
Cross-examined by the Prisoner. A young man named Reeves was out side the palace—he went into the public-house opposite—besides the two convicted men and you there were a great many other men—I don't know Joseph Taylor, of Kentish Town—I don't know how many there were in front of the bar drinking; five or six—we called at several houses.
By the COURT. I afterwards saw the two men in custody, and recognised them—they have been tried and convicted.
ROBERT MAUND . I am potman at the Junction Tavern—on 30th June, about half-past 12 o'clock, I was called down into the bar by the mistress—I found the prisoner and two men who have been convicted and the prosecutor there, all standing at the bar drinking—there was nobody else in the same compartment—the mistress thought there was something wrong, and ordered me to call out closing time, and they all went out at the front door—there are several entrance gates to gentlemen's grounds down the road—I saw a stoppage about 100 yards from the house, then a kind of pushing in the gateway, and after a minute I saw a man running away—I could not leave the house—next morning, about 10 o'clock, I found this little cane in the gateway; I took possession of it, and gave it to Sergeant Miller—I had seen that cane the same evening in the prisoner's hand when I came down from the billiard room.
EDWARD STEVENS . I sell fish about the streets—on the morning of Saturday, 1st July, about 12 o'clock, I was near the Junction Arms, at the corner of Fortis Grove—I saw the prisoner and two that have been convicted and several others walking down Fortis Road.
CHARLES MILLER (Police Sergeant T). On 8th July the prisoner was brought to the station by another officer; I told him he would be charged with two others convicted at this Court for assaulting and robbing Charles Rayment of a watch and 12l., on 30th June—he said, "Do you mean Charles Rayment the conductor?"—I said, "Yes"—he said, "I
was with them at the Junction Arms, but I was so drunk I do not know what occurred"—I had this cane given to me next morning, I showed it to the prisoner and said, "Do you know this?"—he said, "That is mine"—I told him it was found in the gateway where the robbery and assault took place—he said he could not account for its being there.
GUILTY .— Twelve Months' Hard Labour.
—Recommended to mercy by the prosecutor.— Twelve Months' Hard Labour.
NEW COURT.—Monday, September 11th, 1882.
Before Mr. Common Serjeant
820. GEORGE GARLICK (46) to feloniously forging and uttering two receipts for post-office orders, and to stealing a post letter containing two post-office orders for 1l. each, the property of H. M. Post Master General.— He received a good character.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
821. WALTER PERCIVAL WILLIAMS (18) to stealing while employed in the post-office a letter containing a sovereign, a shilling, and 84 penny stamps, the property of H. M. Postmaster General.— Five Years' penal Servitude. [Pleaded guilty: See original trial image.]
822. ROBERT RAMSAY (19) to stealing while employed in the post-office a letter containing two half sovereigns and 51 stamps, of H. M. Postmaster General.— He received a good character.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
823. HENRY GEORGE GUY (17) to forging and uttering a receipt for 1l. 3s. 6d., with intent to defraud, also to stealing while employed in the post-office a letter containing a post-office order for 1l. 3s. 6d.—He received a good character.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.] And
824. RICHARD YOUNG** (21) and WILLIAM JEFFERY** (19) to stealing 22l., the property of H. M. Postmaster General, in the dwelling-house of Parker Collins, Jeffery having been before convicted.— Fifteen Months' Hard Labour each. [Pleaded guilty: See original trial image.]
MESSRS. LLOYD and AUSTIN METCALFE Prosecuted.
ANGELINA SHARP . I am barmaid at the Yorkshire Grey, Piccadilly—on 9th August, about 9.30 p.m., I served the prisoner with a glass of ale, price 1 1/2 d.; he gave me a bad florin—I put it in the tester, scratched it, and the manager said, "Where did you get this from?"—he said, "I got it from the pawnbroker's"—the manager gave it back to him, and he gave me 1s., I gave him 10 1/2 d. change.
ALFRED BISHOP . I manage the Yorkshire Grey—on 9th August, about 9.15, Sharp showed me this florin, bent nearly in two—I said to the prisoner, "Where did you get it?"—he said, "From the pawn broker's "—I said, "I will give it you back, and I should advise you to take it back again"—he showed me a pawn ticket for 3s., and said, "That is all the money I have had; I came from Manchester and had to pawn a coat to get a lodging with"—he then paid with 1s.—I spoke to
Kemp, who followed him out in two minutes, and I followed Kemp—I followed the prisoner into Duke Street, and I saw him walking with two others and Kemp behind him—I saw him go into the Two Brewers public-house, while the other two stood opposite—I went in another bar and spoke to the barmaid, who showed me a bad florin; I gave it back to her and she showed it to the prisoner—I said, "Where did you get this from?"—he said, "I have just come from Manchester and pawned a coat to get a night's lodging"—I said, "You have only just come out of my place, the Yorkshire Grey, and passed a bad florin there?"—he said, "I have not been in there, I have only just come up from the country"—that was only five or ten minutes after he was at my house.
ROBERT GEORGE KEMP . I am a cab attendant at the Yorkshire Grey rank—on 9th August, Mr. Bishop spoke to me, and I followed the prisoner down Duke Street into Jermyn Street, where he was joined by two others, one tall and one short—the prisoner passed something to one of them—I followed them to James Street, they turned back at Park Place, and came to Jermyn Street again; the prisoner went into the Two Brewers, and the other two stood on the opposite side—Mr. Bishop went in at another door and one of the men went in at the same door as the prisoner—Mr. Bishop came out and sent me for a constable, I got one, and when I came down the passage the prisoner was coming out of the Two Brewers.
ANNIE SLEE . I am barmaid at the Two Brewers—on 9th August, about 9.30, I served the prisoner with some drink which came to 1 1/2 d.—he gave me a florin—I found it was bad before Mr. Bishop spoke to me—I told the prisoner it was bad, he made no answer—Mr. Bishop told him that he had been at the Yorkshire Grey, he said that he had not—he was given in custody.
GEORGE JUBY (Police Sergeant C 19). The prisoner was given into my charge with this coin—he said, "I was not aware it was bad"—I found this good shilling in his right hand, which was resting on the bar—I said, "What is that?"—he said, "I was going to carry it to my friend"—I saw no one else—I found on him at the station a pawn-ticket, a pocket knife, and a bottle containing gin—I did not find 10 1/2 d.
The Prisoner's Statement before the Magistrate. "I had the 1s. and florin from the woman who pawned my coat. "
GUILTY . He then PLEADED GUILTY** to a conviction in August, 1877, of having in his possession a mould for coining.— Seven Years' Penal Servitude,
MESSRS. LLOYD and AUSTIN METCALFE Prosecuted; MR. FRITH Defended.
FORBES COWIE (Policeman B 431). On 20th July, at 10 p.m., I was on duty in the Broad Sanctuary, Westminster—I received information, and a few minutes afterwards saw the prisoner talking to a woman in Princes Street; he then looked under the door of the Marquis of Granby public-house in the same street, and crossed over and joined Pinchen, they stood talking a few minutes and I walked towards them—I was in uniform—they crossed the street again and both looked under the doors of the Red Lion public-house, and went towards Storey's Gate, where the woman
had gone—I stopped them and said, "What do you mean by lagging about here?"—Pinchen dropped this bag between his feet—I saw it go out of his hand—I picked it up and asked what it contained; neither of them made any reply—I said, "I shall apprehend you on suspicion of having counterfeit coin in your possession"—they said nothing—I opened the bag at the station, it contained six bad shillings of 1880, each wrapped in paper.
Cross-examined. Prince might or might not have seen the bag—I should have taken the woman if I could, or anybody who was with the man who dropped the bag—Pinchen had a paper in his hand or in his mouth—I did not see him take the bag out of his pocket, he did not put his hand in his pocket—he dropped the bag from his right hand—I saw it before it was dropped—I saw it just as it left his hand and heard it fall and saw it on the ground—only good money was found on Prince, but there was a great quantity of sixpences and bronze—Pinchen gave his right address, I went there.
Re-examined. Prince refused his address—one half-crown, a shilling, nine sixpences, and 3s. 1d. in bronze.
NOT GUILTY .
PINCHEN PLEADED GUILTY .— One Month's Hard Labour, and MR. LLOYD offered no evidence against Prince.
NOT GUILTY .
NEW COURT—Tuesday, Sept. 12th, 1882.
Before Mr. Common Serjeant.
MESSRS. LLOYD and AUSTIN METCALFE Prosecuted; MR. GEOGHEGAN Defended.
REGINALD CRUSSELL . I am assistant to Mr. Charles Sidery, outfitter, No. 34, Strand—on August 11th, about 1.40, I served the prisoner with a sixpenny pair of socks—he gave me a florin—I gave him 1s. 6d., and he left—Gregory then came in, and I took the silver out of the till, and pointed out the florin—it was bad, and I gave it to him.
Cross-examined. We have only one till in the front shop—there were three other florins in the till, but this was brighter than the others, and I have no doubt it is the one the prisoner gave me.
ALBERT GREGORY (Policeman E). On August 11th, about 1.30, I was with Partridge on the south side of the Strand, in plain clothes, near St. Clement's Church, and saw the prisoner join Stevens on the opposite side—we followed on the south side to Charing Cross, and when they got opposite No. 34, Strand, Honey crossed the road, and went into No. 34, while Stevens waited—Honey came out in about a minute with something in his hand, and crossed the road to Stevens—I went in and spoke to Crussell, who took the money out of the till and gave me this florin—I said "It is a bad one"—we followed and took the two men in Adelaide Street—they were talking together—I said to Honey "I shall apprehend you for passing bad money"—he said "You are too late"—I took him
to the station, and Partridge took Stevens—I found 8s. 6d. good money in Honey's hand.
Cross-examined. There were four or five other florins and some shilling in the till—this florin looked the brightest.
FREDERICK WILLIAM PHILPOTT . I am in the employ of Mr. Tench, a chemist, of No. 30, Walbrook—on August 11th, between 12 and 2 o'clock I served the prisoner with a cake of soap, price 3d., and wrapped it up in one of our bills—he gave me, to the best of my belief, a half-crown; I gave him the change and put it in the till—this (produced) is one of our wrappers, with the name of Tench on it—there may have been other half crowns in the till—I did not examine it; the manager did.
Cross-examined. He is not here—I will not swear that it was not a florin that the prisoner gave me—this is brown Windsor soap, and is made for us—it is only sold at our shop.
Re-examined. I have no doubt the prisoner is the man.
THOMAS PARTRIDGE (Police Sergeant E). I was with Gregory, in plain clothes, and followed the prisoner and Stevens—Honey went into No. 34, Strand, while Stevens stopped opposite—Honey came out, and made a motion with his fingers to Stevens—Gregory then went into the shop, came out, and we followed the men—Honey then crossed the Strand, and went up to Stevens and handed something to him which looked white—I followed them into Adelaide Street and seized them both, and said "I shall take you both in custody for being concerned in passing counterfeit coin"—Stevens said "You never saw me go into the shop, Mr. Partridge"—I said "No; but you were in conversation with the other man previous to his going into the shop, and he joined you as soon as he came out"—I then took the socks from his hand—Honey said "You are too late; you thought of finding the lag"—I found this soap in Stevens's pocket—Honey gave his address in High Street, Brighton.
GUILTY . He was further charged with a conviction of a like offence on April 10th, 1873, at Portsmouth.
JAMES HART (Portsmouth Police). I know the prisoner very well his real name is George Thomas—he was convicted at Portsmouth in April, 1873, of uttering bad money with others, and sentenced tonine months' hard labour—I produce the certificate, which I got from the Clerk of the Peace—I had charge of the case.
Cross-examined. The committal was on February 26th, and the trial on April 10th—I took him in custody and gave evidence against him on his trial, but did not take charge of him afterwards—I have not got his photograph; I have tried to find it, but cannot—I came up to London, saw him in a cell with five or six others, and picked him out one of the others I at first thought was one of the men who were with him before, but I was mistaken, though I had the same opportunity of identifying him—the conviction was nine years ago—I do not have a couple of hundred prisoners a year in my hands—he served his time in Southampton Gaol—no one is here from the Gaol—I have no hesitation in saying that the prisoner is the man—there were nine or ten wit nesses against him at the trial—two men were convicted with him—I do not think either of the five men I saw with him had a moustache; Gregory was there.
By the COURT. The calendar gave the prisoner's age as 23 when he was tried.
NOT GUILTY of the previous conviction. MR. GEOGHEGAN submitted that this was equivalent to
NOT GUILTY upon the whole indictment, which note for felonious uttering and in this the COURT concurred.
HONEY— Twelve Months' Hard Labour. STEVENS— Six Months' Hard Labour.
MESSRS. LLOYD and AUSTIN METCALFE Prosecuted; MR. BURNIE Defended
EMILY SCULLY . I am barmaid at the Brown Bear public-house, Broad Street, Bloomsbury—on July 25th, about 6 p.m., the prisoner and several others came in—I served the prisoner with a pot of ale—he gave me a florin—I gave him 1s. 8d. change, and he left—he came in again with a man about 8.45—I served him with a glass of ale; he gave me a florin—I bent it, gave it back to him, and said "This is a bad one"—he said nothing, but gave me a good half-crown—I looked in the till and found three or four florins, one of which was bad, and I know that was the one the prisoner gave me, because I put it in a corner apart from the other—this is it (produced)—the prisoner was then going out.
Cross-examined. The money was not in a bowl, but in a little drawer.
JOHN SCULLEY . I am the brother of the last witness—she pointed the prisoner out to me going out—she went out "with me, and I saw the prisoner and another man about 50 yards off—I followed them—they ran; I ran after them—one went one way and one the other—the prisoner was stopped at the corner of Tottenham Court Road, 600 or 700 yards from our house.
Cross-examined. I did not hear a call of "Fire."
ISAAC WARD (Policeman E 351). I took the prisoner—he said, "What are you taking me for, I have done nothing?"—I took him back to the Brown Bear, where Emily Scully charged him and gave me this coin—I searched him in the bar and found three florins, four shillings, and a sixpence all good, but no bronze—he was asked his address at the station and said, "I shall not tell you where I live"—I afterwards went with Otway to 69, Hare wood Street.
Cross-examined. Scully was calling, "Stop thief," he was standing still, no one was running but the prisoner—I did say before the Magistrate, "I found on him 10s. 6d. in silver, and 5d. in bronze," that is right, I have made a mistake.
JOHN OTWAY (Detective 55 Y). On 26th July I saw the prisoner in a corridor at Bow Street Police-court, and knowing where he lived I went with Ward to 69, Hare wood Street, Kentish Town, and saw the landlady—in consequence of what she said we searched the first floor front room, and found in a box which was among some flower pots outside the window, which was partially, open, a dirty piece of rag containing 12 bad half crowns in a piece, of newspaper, not separately wrapped up, also four loose ones, two of which were unfinished, and a bad florin—I also found under the bed three bags, one of which contained plaster of paris, two
crucibles containing metal, a jar of liquor, a piece of zinc with copper wire attached, which is part of a battery, two papers containing pieces of metal, a mould shape, a mould which appeared to have been recently used, but the impression of the coin had been taken off, and also several pieces of moulds and a quantity of mock jewellery—I know the prisoner's nephew by sight, he is in respectable employment.
Cross-examined. I did not find any impressions of a coin—I found a number of little images of cats and dogs like these (produced), they are moulds for making sweets—this zinc is thick enough for a battery—there were some rings in a parcel under the bed.
ANNIE JOSLIN . I am the wife of Henry Joslin, of 69, Hare wood Street, Kentish Town; I have known the prisoner for two years and nine months, his sister has rented our first floor back room since last March two years—I showed it to Otway—she was there very often, but only slept there occasionally—at other times her nephew and the prisoner slept in the room—the prisoner has slept there for weeks at a time, and I should say he had slept there every night for a month before Otway came and the nephew also—the rent was 3s. a week, which the sister paid—I knew the prisoner by the name of Thompson, I have seen him painting large pictures.
Cross-examined. I only went into the room once—I had not seen the prisoner there just before he was taken—I am occupied chiefly at the back of the house in the laundry—there is one more lodger; there are six persons in the house including ourselves—the nephew is living there now, but he only sleeps there—the house door is always on the lock—I have never seen any metal things about.
Re-examined. I cannot say that the prisoner slept there every night for a month previous, because he had a latch key.
WILLIAM WEBSTER . This coin passed at the Brown Bear is bad these 14 half-crowns and one florin are also bad and all unfinished, they are prepared for the battery—these are the two parts of two double moulds, they have been used for making coins and then defaced, they are about the size of these half-crowns—this zinc and copper wire is to silver the coins—these are two crucibles with molten metal in them to pour into the moulds—some of the things found are made of lead, but the coins are not.
Cross-examined. Plaster-of-paris would be used for any mould, not only for coin—if you wanted to make a mould for sugar or little cakes you would not make it of plaster-of-paris—theatre checks are not usually cast.
GUILTY . He then PLEADED GUILTY** to a conviction of felony at Clerkenwell in the name of Thompson.— Five Years' Penal Servitude.
MESSRS. LLOYD and AUSTIN METCALFE Prosecuted.
WILLIAM FOREY . I keep the King's Arms, Castle Street, Long Acre—I knew the prisoner for a fortnight previous to his apprehension, he was a customer I believe every day for tobacco or beer—he left a parcel in the bar every day about 11 o'clock, it was tied up in a red handkerchief, and asked me to take care of it—he sometimes fetched it in an hour, and sometimes in two hours—it was similar to this (produced)—he
has left it twice in a day—in consequence of suspicions I showed it to Sergeant Partridge who was there with Header when the prisoner came to fetch it on 18th August; I handed it to him, and the detectives took him—I never saw it open.
THOMAS PARTRIDGE (Police Sergeant E). I received information on 17th August, and on the 18th I watched the King's Arms from 11.30 to 2.30, when I was in the private bar and the prisoner came into the public bar, and said to Mrs. Forey, "Will you give me the parcel I left a little time ago?"—she called her husband out of the bar parlour, and I went into the street and round into the public bar, the prisoner then had the parcel in his hand—I said, "What have you got in that handkerchief?"—he made no answer—I took it, opened it, and. found in it 20 bad half crowns, 30 florins, and 30 shillings, with newspaper between each—I said, "I shall take you in custody for having this counterfeit coin in your possession with intent to utter it"—he made no answer—Sergeant Reader then searched him and took four bad florins from his pocket.
Cross-examined by the Prisoner. When I seized you you did not say you had only got a parcel of nails, and that if I had not been so quick I should have seen you deliver it to the owner—you said nothing about nails till you were before the Magistrate.
WILLIAM READER (Police Sergeant E). I was with Partridge—I searched the prisoner and found four bad florins, wrapped up separately, in his left trousers pocket, five good shillings, and six pennies—he did not speak from the, time he went into the public-house till he got to the station—I went the whole way with him and heard nothing about nails.
Prisoner's Defence. On 18th August a man stopped me and said he would give me a tanner if I would go into the public-house and ask for the parcel he had left there containing nails, as if he went in he must have more' drink. I was trying to earn an honest sixpence.
GUILTY .— Eighteen Months' Hard Labour.
MESSRS. LLOYD and AUSTIN METCALFE Prosecuted.
CHARLES BRYAN (City Policeman 359). On 25th August, about 10. 12, I was in the King Lud, Ludgate Circus, and saw the prisoner and Cadogan at the counter—I heard the barmaid say to Cadogan, "This is a bad 1s. "—he gave it her, and she gave him a 6d.—he then went to the till, took out a shilling, and showed it to the manager; during which time they left the house, leaving their drink on the counter—I followed them into Bride Lane; Miles and I ran up, and I said, "We are police officers, we shall take you in custody for uttering a had shilling at the King Lud public-house just now"—Cadogan said, "I did not know it was bad"—I said, "Open your hand and let me see what you have in it?"—she kept it closed, but I opened it and found a bad shilling, a half-crown, two sixpences, and 1s. 5 1/2 d. in bronze—we took them to the station.
Cross-examined by the Prisoner. You both looked round twice to see if you were followed—I saw no one else with you—I went after a man and brought him back, but he gave a satisfactory account of himself,
and I let him go—he was not the man who you spoke to at the corner of New Bridge Street—ho may have been a cabman on the stand.
MARY WARTON . I am barmaid at the King Lud—on August 25th I served the prisoner with some gin—she gave me 1s.; I gave her 9 1/2 d. change; they both drank of it—I did not see Gadogan served—there were other shillings in the till.
CHARLES BERESFORD . I am barman at the King Lud—I served Cadogan with a small lemonade; they were both together—she gave me a bad shilling—I gave it back to her, and she gave me a sixpence—I gave her 6d. change, and found another bad shilling in the till, which I gave to the manager—there were several other shillings there, but it was not deep down—the prisoners rushed out without touching the lemonade.
WILLIAM MILES (Policeman). I was in the King Lud, and saw Cadogan served; she tendered a bad shilling—they hurried out, leaving the lemonade—I went after them, and found in Friar's hand a sixpence and 3 1/2 d. good money—the female searcher gave me three good shillings.
Prisoner's Defence. I met this young woman. I have known her a number of years. She asked me to come and have a drink, and she stood there and vomited, and had to go out, leaving the drink there, and the detective came after us.
NOT GUILTY .
The evidence of the witnesses in the last case was read over to them from them short-hand notes, to which they assented.
Cadogan's Defence. I met this woman, who asked me to have some thing to drink. I put down 1s., and the barman said that it was bad. I felt sick, and came out and went across the road, and the inspector took hold of me and said "Give me that money in your hand. "I did not know who he was, but as soon as I knew he was a policeman I gave it to him.
NOT GUILTY .
MR. LLOYD and MR. AUSTIN METCALFE Prosecuted.
ELIZABETH SMITH . My husband keeps the Prince Albert, Trinity Square, City—on August 25th, about midnight, I served the prisoner and a woman with him with two glasses of ale—he gave me 1s., and I gave him the change—he then asked for a pennyworth of tobacco, and gave me a bad shilling—I gave it back to him and he gave me another bad one—I gave it back to him, and said "You scoundrel, you knew they were bad"—he rushed to the door—I called "Stop thief," and a policeman brought him back—this (produced) is the first shilling he gave me—I put it in the till, but there were no other shillings there—I cannot speak to these two others.
ROBERT FOLLEY (City Policeman 750). I saw the prisoner run out of the Prince Albert very fast—I caught him 100 yards off, and took him back—I lost sight of him round a corner—the landlord said "Your face is familiar to me; I know you before"—I searched him at the station and found three bad shillings, a sixpence, a threepenny piece, and five
pence—he had had some drink, but he stood straight, and could speak well and he ran very hard.
The Prisoner in his defence, and in his statement before the Magistrate, said that he had been drinking, and that he received the coins in change for a half sovereign.
GUILTY .— Nine Months' Hard Labour.
FOURTH COURT.—Tuesday, Sept. 12th, 1882.
Before Robert Malcolm Kerr, Esq.
835. EDWARD WELLS** (31) PLEADED GUILTY to three indictments for breaking and entering counting-houses, and stealing certain goods; also to two indictments for stealing a watch, a clock, and other goods, and to a conviction of felony at this Court in January, 1871, in the name of Arthur Williams.— Ten Years' Penal Servitude .
836. MATTHEW CHARLES BLOXHAM (32) to two indictments for embezzling 3l. 5s. and other sums received by him on account of Thomas Blower, his master.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
837. JOHN SMITH, otherwise HAMILTON (20), to breaking and entering the shop of William Wynne Williams and another, and stealing a pistol, a flask, and 2l. 12s., his goods and moneys.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.] And
838. THOMAS PAGE (19) to burglary in the dwelling-house of Charles Malone Merrett, and stealing a coat, 58 cigars, and other goods. He received a good character from his employer, who was willing to take him back into his employment.— six Months' Imprisonment. [Pleaded guilty: See original trial image.]
MR. WILMOT Prosecuted; MR. THORNE COLE defended Henry and George Godden.
JAMES MULLINGS . I am a cardboard maker, of 36, Mildmay Street—on 30th July I was returning home at a few minutes past 12 p.m.; when near my house I saw the prisoners coming up the street—William Gunyon knocked me down as I was going in at my own gate—he struck me in the face with his fist—then they turned me over on my head, and shook or took 5s. out of my pocket, and held me in the road—no police were there—I hallo out; Miss Warrener came out of No. 39 to help me—George Godden threw her down in the road—the prisoners got away—I saw Henry Godden about an hour afterwards; I identified him at the police-station—he passed our house every day and the shop where I worked—I saw George Godden on Sunday morning in the street—I followed him up Green Lane till I saw a constable, and I gave him in charge—I also identified Gunyon the same Sunday morning—I saw him in the street with a man not in custody, and when he got to the corner he rushed away—I next saw him at the police-station and identified him—I picked him out from eight or nine more—I am sure of all three men.
Cross-examined by MR. COLE. The attack was just after the closing of the public-houses—I had been in Mr. Warrener's kitchen—there was only a baker's shop at the corner—I had to go about 15 yards to my own door—the prisoners were walking behind me—I had not said anything
to Gunyon when he struck me—I had nothing to drink all the evening Minnie Lewis also came out—a crowd gathered ten minutes after Henry Godden was given into custody at his own house the same night about 12.30—he was not the worse for liquor—he had thrown himself on the bed in his clothes—I charged him with robbing me of 5s.—he said he was not there—I saw him searched—I only lost the 5s.—that was all I had—I had not had a row with the Goddens] before this affair—I told a young man if he insulted me every time I came out of the gate I should give him into custody—I had been for some beer and I saw Henry Godden and two or three men—one struck my hat, with a stone, and when I spoke about it, he told me if I did not shut up he would put his fist on me—I was told not to take any notice of them, and I went in home.
Cross-examined by Gunyon. I did not say the man who attacked me was young Wallace with the cords on—I know you by sight, not by name—I did not mention Wallace or Dick Downer the same night.
FRANCES WARRENER . I am the daughter of Mr. Warrener of 39, Mildmay Street—on 29th July, shortly after 12.30 midnight, I was at the gate of my father's house—I had just said "Good-bye" to Mullings—I saw him knocked down by Gunyon—I was about four doors from the prosecutor's—the other two prisoners began to hit him—they threw him into the road, and turned him upside down and shook money out of his pocket—I went to his assistance and they punched me, and threw me into the road—I saw their faces—there was a light opposite—I know the prisoners well from their passing by—I screamed—my father came out, and Minnie Lewis, who lives where the prosecutor lives—I afterwards went to the police-station and identified the prisoners.
Cross-examined by MR. COLE. I saw George Godden on the Monday morning in the dock before the Magistrate, and Henry on the Saturday night, when he was taken—I saw the prisoners holding Mullings upside down—I did not hear anything said.
Cross-examined by Gunyon. I was at the gate at the beginning when you knocked Mullings down—the man Baker was not there—Mullings did not strike Wallace first.
MARK WARRENER . I live at 39, Mildmay Street, three doors from Mullings's house—he loft my house a little after 12 o'clock—I heard my daughter scream out "Father," in a frightened tone—I ran out—I saw the Goddens ill-using Mullings, and I rescued him from their violence—I pulled him into the gate, and shut the gate, and kept it shut—I received several blows over the top of the gate on my jaw, so that I could scarcely open my mouth—the gate was burst open, and the prisoners came rushing inside the gate; my wife was knocked or fell down, I picked her up and pulled her inside the house and shut the door—I think four or five men attacked us—I can speak to the two Goddens—I had not seen them before—it was a moonlight night—I next saw them at the police-station, Henry the same night, and George on the Monday.
Cross-examined by Gunyon. The neighbours came up while I was being punched—I did not see who punched me.
MINNIE LEWIS . I live at 36, Mildmay Street, Islington—on Sunday morning, 30th July, shortly after 12 o'clock, I heard screams outside my house—I ran out—I saw James Mullings lying in the gutter, and three young men kicking him—I went up and George Godden struck me on the ear—Mr. Warrener came out.
Cross-examined by MR. COLE. I was dressed—there was only the three men, the prosecutor, and Frances Warrener.
THOMAS BROCXWELL (Policeman N 11). From information I received I went to 5, Mildmay Avenue, in company with Maguire, another constable, about 12.40, on 30th July—I had seen a policeman running up the street a minute or two previously—I found Henry Godden in the front room lying on the bed dressed—when I took hold of him he pretended to be very drunk—I told him I should take him into custody for an assault—I took him down into Mildmay Street, where I told him the charge again—he said, "I can prove I was brought home dead drunk about an hour ago, by a man who works for Mr. Craven"—his brother George came up as I was taking Henry down the street, but I did not know he was concerned in the assault, and I did not apprehend him.
SETH GRIFFITHS (Policeman N 632). On this Sunday morning, I was on duty in Green Lanes, about 9 o'clock—Mullings came to me and made a complaint—he pointed out George Godden, whom I arrested—he charged him with being an accomplice of two other men in robbing him of 5s.—on the way to the station George then said, "I was not there at the time of the row, I was at the coffee stall in the Kingsland Road. "
CHARLES MAGUIRE (Policeman N 160).I apprehended Gunyon about 7.40 p.m., on 8th of August, in the Blue Coat Boy, Dorset Street, Spitalfields—I had been looking after him—I knew he had previously lived at 5, Mildmay Avenue, but he was not to be found there—I told him I should take him into custody for assaulting and robbing James Mullings and others at the corner of Mildmay Avenue, on 30th July—he said, "I will go quiet, I was there and was in it"—afterwards at the police-station the prosecutor identified him from a number of other men.
Gunyon's Statement before the Magistrate. "On the Saturday night as this ere row was two or three of our chaps went to a meeting, and had some beer, and one of the chaps took Henry Godden home. He was giddy. After he had gone we all came home; there was me, Dick Downer and William Wallace, we were going up Mildmay Street together, I was on the kerb; we were all in a line and prosecutor was on the corner of Mildmay Avenue, and Wallace touched his arm and prosecutor made a blow at Wallace. Wallace got away and then prosecutor and Downer got fighting; a lot more men came up and tried to get prosecutor away. I heard some money fall, and I told the prosecutor he was losing his out of his pocket. "
Witnesses for Henry and George Godden.
JOHN ANTHONY . I am a carman, of 3, Dorset Street, Ball's Pond—on Saturday night, 29th July, I was watering the roads—George Godden joined me at 10 o'clock, and stopped with me till 12 o'clock; I was at Ball's Pond Church when he left me—we work from 9 till 12, and the last man goes at 10 minutes to 12 for his last load of water, and I went away with my last load at 12 o'clock—the water-post is against the church, and George Godden left me then.
Cross-examined. Mildmay Avenue is 400 or 500 yards from the church.
JOHN TOON . I am a newsagent, of 73, Newington Green Road—on the Saturday night George Godden was taken into custody I saw him at Kingsland Gate at 12. 10; that is nearly half a mile from the prosecutor's house—the public-houses had not long been shut up.
Cross-examined. I was with him till 1.30—I had been on my business
as a newsagent—I finished about 11.30, about a quarter of an hour's walk from Kingsland Gate—I was standing against Kingsland Gate when I met him—I was not examined before the Magistrate; I had business to attend to; his mother spoke to me about coming here—I heard of the case next morning, Sunday—I walked with him from Kingsland Gate and George Godden was never out of my company—he met some one in Mildmay Street—I saw the people there, and I saw two people locked up—I was standing by the row; I was not in his company then; I came up after it was all over—George Godden had not been at the row before me—I did not see Henry Godden till after he was locked up—when the policeman was bringing him down the row was not quite over, but the police had come, up; that was about 12. 20—we walked quick, as I wanted to get home.
RICHARD ANTHONY . I am a labourer, of 31, Mildmay Street, opposite where this occurrence took place—on the night of the 29th July I heard a noise, and went out—I went over to the mob, and I pulled a chap off a woman—that's the man (Gunyon)—the row was not very long—the police had all vanished—George Godden came up after the row was over, and we stood in conversation for an hour; neither George nor Henry were at the row—it was 12.30 when I saw George.
Cross-examined. I heard a row and looked out of my window—I saw a mob, and went down to the row—there were about 20 or 30 persons round—I knew Mullings as a neighbour opposite—the woman was Mrs. Waddle—I did not see Miss Warrener—I heard cries of help; that was what brought me to it—I did not see Mrs. Warrener struck; the man I pulled off the woman was ill-treating her as far as I could see; he was on the steps.
THOMAS FLANAGAN . I live at 2, Orchard Street, Ball's Pond—on Saturday night, the 29th of July, I saw Henry Godden at the Duke of York public-house, Kingsland—he was drunk and leaning on the table when I went into the bar about 11 p.m.—I stopped with him to the concert, and helped him home—it was about 12.5 when I took him upstairs—the other chap who helped me stopped at the top of Mildmay Avenue—when I put him on the bed he was drunk and insensible—I came away, and talked to a neighbour about 10 minutes—I saw a crowd—I stopped with Henry Godden about 5 minutes—I did not take his handkerchief off.
Gunyon's Defence. All we chaps out of the Avenue went to this row. Henry Godden and three of us were coming down Mildmay Street, and the prosecutor must have touched Wallace, and he punched him, and the prosecutor set to a-fighting Dick Downer. I heard some money go into the road, and I said to the prosecutor "Mind what you're a-doing of, for I think you will lose your money. "It is all Dick Downer and Wallace. I tried to prevent the row as much as ever I could. I did not see George Godden all the evening.
NOT GUILTY .
MR. WILMOT Prosecuted.
found the breakfast-parlour window open—I had left it closed and fastened the night before; it was latched at the back—the rooms were ransacked—I missed a hat, umbrellas, table-covers, two overcoats, gloves, cigar-cases, and other articles, to the value of 15l.—they were produced before the Magistrate, and I identified them—they were safe when I wont to bed—the knife produced is mine, and the things which are downstairs.
WALTER SLADE (Policeman Y 345). I apprehended the prisoner on July 31st, at 29, Gaysford Street—he was wearing a new hat, and had an umbrella and kid gloves—I found a card on him—I afterwards went and searched his lodgings—I found upstairs a pocket-handkerchief and other articles, which have been identified by Mr. Salter—I have the things downstairs.
The Prisoner's Defence. I found those things in a hamper in Regent's Park.
GUILTY . He also PLEADED GUILTY* to a conviction of felony at this Court in May, 1878, in the name of Victor Bentley. There were three other cases against the prisoner occurring within three days of this one, and a quantity of property found at his lodgings.— Seven Years' Penal Servitude
OLD COURT.—Wednesday, September 12th, 1882.
Before Mr. Justice North.
841. JOHN CARR (52) and THOMAS WILSON (40) wore indicted for stealing on the high seas, within the jurisdiction of the Admiralty, certain valuable securities, viz., foreign bonds, the property of the Great Eastern Railway Company. Second Count, for stealing the same on board a British ship in a foreign port, they being British subjects. Other Counts, for feloniously receiving the same, and as accessories after the fact.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; SIR HARDINGES. GIFFARD, Q. C., with MR. BESLEY, appeared for Carr; MR. GORST, Q. C., with MR. J. P. GRAIN, for Wilson.
By the advice of their Counsel the prisoners declined to plead to the indictment.
MR. GORST moved to quash the second Count, on the ground that a British subject could not commit an offence against British law in a foreign port, as he would not then come within the jurisdiction of Her Majesty.
MR. POLAND called attention to the Merchant Shipping Act, 18 and 19 Vic. c 92, sec. 21.
MR. GORST submitted that that section did not make an offence of that which van not one before; but that it was only a venue section, to enable a prisoner to be tried in the place where he was found; the same remark applied to sec. 11 of 30 and 31 Vic c 124; and the 267th sec. of 17 and 18 Vic, c. 104, merely referred to seamen on board British ships.
SIR H. GIFFARD concurred in the motion, but did not purpose to argue the point, as other questions would arise which might have to be reserved.
LEVI BENJAMIN SCAARP (Interpreted). I am a clerk to Messrs Calcar and Polack, bankers, of Amsterdam—on 11th July last I had to send tome Egyptian Preference and Illinois Central Railway Stock to Messrs. Merrier, Backhouse, and Co., of Copthall Buildings, London, and I made up
a parcel of 25 £20 five per cent. Egyptian Rail way Bonds worth £500, and two Illinois Central Shares worth 1, 500 dollars, one of 1,000 dollars. and the other of 500—I packed them all up in one parcel, put a cross band round them, then folded them in paper and then in linen, and put a string round it, and sealed it with sealing-wax—I addressed, it to "Messrs. Mercier, Backhouse and Co., 3, Copthall Buildings, London, E. C.," and wrote on the outside "Value £50"—I sent that parcel to Van Gend and Loos in Amsterdam—they are a large firm of carriers—I do not remember which messenger I sent, but whoever I sent brought back this receipt: "Received of Messrs. Calcar and Polack one parcel value£50, to be sent to Mercier and Backhouse, in London"—that is the only parcel I sent to Mercier and Backhouse that day—I have got the books of my firm here—I made an entry there in reference to these bonds.
Cross-examined by SIR H. GIFFARD. I made the entry previous to making up the parcel, one moment before I sealed the parcel—it has not been altered since, the book-keeper has added to it that the parcel was stolen—the entries are in my hand-writing, and that the packet was stolen is in the book-keeper's writing—I saw the bonds next in London—I did not see any of them or any part of the wrapper in which they were contained before I came to London.
Re-examined. I heard on the Friday after 11th July that this parcel had not arrived, from a police officer who came on the Exchange, and this entry was afterwards written by our book-keeper—I saw the bonds in London when I was before the Magistrate, only the two Illinois, there was no part of the wrapper which I had put round them at that time.
JOHAN WILHELM SCHABEL . I am a clerk in the employ of Van Gend and Loos, of Amsterdam—on 11th July I received a parcel addressed to Mercier and Backhouse, of London, and I then signed the receipt produced—it is the custom of our house, before sending parcels out, to enter them in a book, and it is my duty to call over to another clerk who enters them, and when they are entered I make out a list—on 11th July, according to custom, I dictated to the clerk Kerstein, and he entered it in the book—this is the book kept by him—I did not see the entry after he had made it—Vliegenhart is employed in conveying parcels from Amsterdam to Rotterdam.
HENDRICK VLIEGENHART . I am in the employ of Van Gend and Loos as conductor—I convey parcels from Amsterdam to Rotterdam by the Dutch Rhenish Railway—Van Gend and Co. have a special compartment for their parcels, packets of value go into a separate box in the same compartment, in the case of special valuables—they are in the habit of giving a receipt at Amsterdam—on 11th July I received a parcel from Schabel about 7 o'clock in the evening—I took it to Rotterdam, and delivered it at our office, and had a receipt for it in our receipt book.
JACOB VAN BAALEN . I am in the employ of Van Gend and Loos, carriers, of Amsterdam, and have been so for 12 years—it is my duty to carry parcels from our place to Pieters and Co., of Rotterdam, who are agents for the Great Eastern Railway Company—when I take parcels I get a receipt which I give to my chief—I can read, but not English—this is one of the forms of our office—when parcels have to be taken to the office of Pieters and Co. one of these forms is filled up with the names of the receivers and the particulars of the parcels—it is the
practice to take the parcels and papers to the office, and there get a receipt when I have delivered it—it is often the case, when I am engaged in other work, that some one else takes parcels, but these I delivered myself—I got Mr. Termo's receipt lo that paper.
JACQUE ANTOINE MARIE TERMOS . I am in the employ of Hudig and Pieters, of Rotterdam—they have a receiving office at Rotterdam, a few minutes' walk from the place where the Great Eastern steamships are moored—I have been in their service seven or eight yean—I know the last witness, Van Baalen, as a person employed by Van Gend and Loos to bring parcels to our office to be forwarded by the company—it is the practice to bring to our office a paper like that (produced), to be filled up by us—the parcels are brought with that form and I sign a temporary receipt, that is the usual custom—this (produced) is the consignment note left with the parcel on the day that bears date, 12th July—I received the parcels mentioned in it—they would be forwarded by steamship to London—they were two, both addressed to Mercier, Backhouse, and Co., 3, Copthall Buildings, London, E. C.—one was marked "Value 50l.," and the other "Value 100l. "—I compared them with that paper—I remember Catella making out a list of the parcels on that day for the captain; I think I called out the names, addresses, and particulars of two of the parcels to him, but not the rest—in the ordinary course after Catella had made out the list of the parcels, and the particulars for the captain, they would be delivered to H. Degens, and he would take them to the ship—I saw Degens take four parcels away, one paper parcel, and two grey canvas parcels, and another in grey canvas—that was about half-past 5 in the afternoon.
Cross-examined by SIR H. GIFFARD. I did not write this particular document, I only inserted the freight, and the words "To pay," on the upper part of it—I wrote that after the parcels had been delivered up the me, on 12th July, about 5 o'clock—I don't recollect whether I put my signature to it that night or the next morning—I am sure the parcels had gone on board before I put my signature to it—I deliver up the temporary receipt to the man from Van Gend and Loos, and they keep it—when I put my signature to this document the parcels had left, so that I could not compare what was in the parcels with the document—I relied on the blue stripes, which I inserted on the paper here on the left side—it is my ordinary course to tick things with a blue stripe like that; I do not insert the stripes if I do not receive the parcels—I am not the only person in our office who puts blue stripes; there is nobody else who receives parcels from Van Gend and Loos and checks them with a blue stripe—I should say I received about 20 or 30 parcels on that day—these parcels were of grey lining and flat—I entered the freights about 5 o'clock the same day that I received them—I got the freights from our printed tariff, and inserted them on that paper—I am sure the freight was entered the same day—it was after the messenger who brought them had left, but the messenger who took them on board the vessel had not taken them away.
Re-examined. The amount of the freight was written there before the parcels were taken to the ship, and the receipt was written the same day or the next morning—the freight was fixed both by the weight and the value as written outside—I did not look at the parcel as affecting the freight, because I had it on the receipt—I have known Van Baalen for
several years; I can't tell if he signed this paper—I compared the entries on the receipt with the consignment note, they agreed—the "disbursement" and "re-imbursement" represent charges from Van Gend and Loos.
By SIR H. GIFFARD. I read a telegram the morning after the departure of the boat, it was received by another clerk and shown to me—I don't know where it is, I have not got it—it was to inquire whether we had sent the goods.
J. VAN BAALEN (Recalled by MR. POLAND). This name of Van Baalen was written by me; Mr. Pieters said this document had to go to London and my chief told me to write this—that was after the goods were sent.
By SIR H. GIFFARD. It was after I heard the goods were stolen—I don't know what has become of the temporary receipt—I give them to my superintendent and he saves them.
JACQUE ANTOINE MARIE TERMOS (Recalled). This (produced) is the telegram: "Harwich, 13th July, 1882. Presented at Harwich at 8 in the morning, received at Rotterdam 9.13. Only three values received, wire instanter for the other three"—our firm sent a reply to the effect that the parcels had been sent.
ISAAC SPINOSA CATELLA . I am a clerk to Messrs. Hudig: and Pieters, agents for the Great Eastern Railway Company—they Live parcels from Van Gend and Loos, for transmission to England—on 12th July some parcels arrived at our office; there were two parcels of Messrs. Van Gend and Loos, one parcel of the Dutch Rhenish Railway, one box of the Dutch Rhenish Railway, one canvas bag of Messrs. Marks and Co., and one parcel of Messrs. Vazakiel—the canvas bag from Marks and Co., and the box from the Dutch Rhenish Railway were put on the floor; the two parcels of Van Gend and Loos, one parcel of the Dutch Rhenish Railway, were put on the desk, and the parcel of Mr. Vazakiel was put between the desk and the floor—I made out this pencil list for the captain from the consignment note of Van Gend and Loos, and from the bills of lading; the two parcels addressed to Mercier, Backhouse and Co., were lying by my side on the desk, marked respectively 50l. and 100l. value—this paper (produced) is my handwriting, and is copied from the list; it is, "One paper parcel, 50l., and one paper parcel, 100l. "—later in the day those two parcels marked 50l. and 100l., and two other parcels were taken away by a man named H. Degens—I saw him take them away; he afterwards returned and took the canvas bag away—I saw him go out of the door with them—I saw one of our workmen named Delaine take the case away.
Cross-examined by MR. GORST. I am 18 years old, and shall have been in the service of Hudig and Pieters two years next December; I am in their service still—there are six people in the office where my desk is, on which these parcels were put—the office is not open, it is shut by a door—the parcels lay on my desk about an hour from the time they were first put there to the time they were taken away, I was in the office the whole time—I was there when they were brought, and they were put at once on my desk—I did not say before that they were brought in at a quarter-past 12—I was asked the time and wrote down a quarter-past 12 on paper, but I was so confused—I did not compare what I wrote on the paper with the parcels—I entered the parcels in a book from the consignment note of Messrs. Van Gend and Loos, and made out the list
from the book; the book was sent to London; this is a copy from the book—I make out a pencil list for the captain every day the steamer sails if there is more than one parcel—I cannot tell how many parcels came the following day or the next day but one, or on any other day.
Re-examined. I heard on the day following, 12th July, of the loss of three of these parcels, and that called the twelfth to my attention—I saw these six parcels myself.
By the COURT. The entries on this are "Mercier, Backhouse, and Co., one parcel papers, value 50l.; Mercier, Backhouse, and Co., one parcel papers, value 100l. "—I do not know if that refers to the contents, or to what they were packed in, I took it from the book.
HERBERT DEGENS . I am in the employ of Messrs. Pieters and Co., and have been so for about 19 years—it is part of my duty to take parcels on board the ships of the Great Eastern Railway Company—on 12th July I received four parcels to take on board the Avalon, about half-past 5—I brought them from the office, and took them on board the Avalon, went to the captain's cabin, and said to the steward, "Here are four parcels, "I put them on the sofa just opposite the door—the door was open when I came in—I was not there a minute—they were canvas and paper parcels; I carried them under my arms, three on the left side, and one on my right—the chief steward was with me in the cabin—I then went back to the office and brought a bag of money, and put it in the same cabin; the second steward was there then—the chief steward called to the second steward to take a parcel out—he took one parcel out of the drawer and put the bag in and then put the parcel in again—the parcels were all of different sizes, one was larger than the other three—it took me about three minutes to walk from Pieters's to the ship—I gave directions to Simon de Loos to take a box on board—that was a box of value.
Cross-examined. It was about half-past 5 that I went on board with the four parcels—I left them all four on the sofa, and went away and came back again—when I came back the second time, the parcels I had brought before were not on the sofa; I did not see them there—between the time of my first and second visits somebody had removed them.
Re-examined. I was about a minute in the cabin each time—I did not look for the parcels; I took the bag of money and gave it to the second steward.
By the COURT. I heard next day that the parcels were lost; I never heard of the wrappers being found again—when I went the second time the canvas bag was put into the drawer; when I went in that time the drawer was shut, but not locked; the second steward opened it—I saw the paper parcel in the drawer, I did not see anything else in it—supposing the three other parcels were in the drawer with the bag I must have seen them.
JOHN THOMAS HENDERSON . I am captain of the steamship Avalon, belonging to the Great Eastern Railway Company, registered at Harwich, and sailing under the British flag—on 12th July that ship was at Rotterdam, lying in the river alongside some piles, about twenty or thirty feet from the quay—there have been dolphins and sponsons erected to keep the wheels from breaking against the stones—it is a part of the river where the tide ebbs and flows—we were moored to the quay
—I could lie there at low water without grounding—there is always water there, and this ship was always afloat—she is 571 tons; her registered tonnage is 481 tons—there are no bridges between the place where the vessel was lying and the sea—it is about sixteen or eighteen miles from the sea—I have been in the habit of carrying parcels from Rotterdam to Harwich, and our agents are Hudig and Pieters—I sometimes sign bills of lading for parcels, and sometimes give a receipt in a book—parcels of value are put in my cabin with other documents, the manifest and bills of lading—on 12th July I went to the office of Hudig and Pieters after five o'clock in the afternoon—when I first arrived at the office I saw there three parcels, a box, and a bag of money—the parcels were regular value parcels like we take across—I signed at the office for them—while I was there there was another parcel brought in, which made six in all for me to take on that voyage—this (produced) is what is termed the "Value Parcels Book"—some of these are my signatures—on 12th July I signed in this book for "Mercier, Backhouse, and Co., one parcel papers, value 50l.; Mercier, Backhouse, and Co., one parcel papers value 100l. "—that was done in Mr. Pieters' office when the parcels were there—at the office I got this pencil list of those six things; I always made a practice to take a list of the things I have to carry, to check them—we have a box on purpose to put manifests, bills of lading, and all papers in—papers relating to the parcels would be put into that box and delivered at Harwich—after I got this list I went straight on board the vessel, and I gave it to the chief steward, and left it with him—properly speaking the steward ought to have checked the things with the list—after I had given him the list I went on shore again once or twice—I know a man named Degens—I passed him on that afternoon carrying some parcels under his arms similar to those I had seen in the office; he was going on board—he was near the ship on the gangway—afterwards I saw nothing more of the parcels; the ship sailed about six o'clock—it is eleven or twelve hours passing in fine weather—when we got to Harwich Mr. Gunton, the bullion clerk, came on board—there were passengers by the vessel; I can't say how many—the passengers left—Mr. Gunton is employed by the Great Eastern Railway to receive the bullion and valuable parcels—when he came aboard I handed him this pencil memorandum relating to these six parcels, and told the steward to fetch the parcels while he entered them in my book, and then I found that three of them were missing—the box and bag of money were there—the place was thoroughly searched, and the other parcels could not be found.
Cross-examined by SIR H. GIFFARD. The draught of our vessel is about 8 feet 6 light, and about 10 feet 6 loaded—the part where she was lying is not part of an artificial channel cut in the Mass, it is the river Haas; the new channel is fourteen or fifteen miles lower down—the tide in the Maas rises about 6 feet—I can't say how high the tide flows above Rotterdam; I have been up to Dort on it; that is ten or twelve miles up; the tide flows as high as that—the distance from Rotterdam to the seacoast is sixteen to eighteen miles—there was a dolphin between the ship and the wharf; that is not to prevent the vessel grounding, it is to prevent her going on the quay—I can't say whether she might ground, I have never placed her in that position—you can see the stones thereat low water, close alongside the edge of the quay at dead low water-at spring tides I can see the top of the stones; how the bottom shelves off
I can't say—the stones are from 6 to 8 feet down at low water—I can see the stones very near the bottom of the wall—I should fancy they are stones that have fallen away as they were building the quay—I dare say the quay is 10 feet deep—people walk on board on a stage—I don't know how many passengers there were on board that night before starting; there are people going backward and forward from the shore to the ship—I do not take possession of the key of my cabin when I go on board; the steward did on this occasion; he has it generally speaking: he always has it—on this occasion I went in the cabin twice before I left Rotterdam—I found the door locked; the steward unlocked it—I went down once in going down the river for a pair of binoculars; I got them before I left Rotterdam—when I went down I found the door locked on both occasions; I did not go in—when I did go in the vessel had started—I left the steward there—I was there hardly a minute; the steward was there when I went away—I did not go down to my cabin again till 9 or half-past, and it was then alight—I went to lie down for an hour—the steward was there then—I was getting my tea—I told him to light my lamp, as I generally do—when I came on deck the steward was there again; he was always in the lobby, close to the bar—my cabin is below, at the foot of the companion stain—I have to pass one berth to go to my cabin—everybody who goes up and down the stairs would pass my cabin door—after lying down for a bit the mate came and told me when the watch was out; that was about half-past 11—after I came out I was on deck—I did not leave the steward behind me when I left the cabin, I shut and locked the door and left the key in it, as far as I can tell, I did not take it with me—perhaps I left the key in the door, but I can't say; there is always one steward on the watch; sometimes I leave it in and sometimes I do not; I have no fixed practice.
Re-examined. When I found the door locked on the two occasions before I left Rotterdam, I did not call to the steward to bring the key, he was busy—when I went aft to get my glasses he was in the cabin—he would be there to open the door for me, and to light the lamp—there is a water closet on each side of my cabin—the vessel was as far from the wall as from here to the wall of the Court—all the ships belonging to the Great Eastern Company go there—it is an accommodation made expressly for them, some of the vessels are larger than mine, some 200 tons larger—they all use the same place.
FRANCIS JOHN DUPESTRIER . I am a clerk in the Crown Office of the High Court of Justice—I produce an affidavit purporting to be made by Alfred Thomas Wilson on 15th October, 1877; also one of 16th October, 1877, by Mr. St. John Wontner.
ST. JOHN WONTNER . I am a solicitor—these affidavits were prepared in my office at the time they bear date—at that time I was acting as solicitor to a person of the name of Alfred Thomas Wilson—I believe the prisoner Wilson to be the person—I prepared the affidavit for him to swear, and I made this affidavit on the same subject. (These affidavits declared Wilson to be a British subject.)
list—I did not do so on this occasion—I had to go ashore for a few minutes, and I left the list with the second steward—Degens came on board with one value parcel—I could not say that he only brought one; I can't say how many, but one I am sure of, that I took from him and put in a drawer—it was one in a canvas cover—to the best of my recollection I turned the key in the door when I left the cabin; I did not take it out—later on, Degens passed me with a bag; I called the second steward to go and take charge of it—about an hour and a half after we had started I had occasion to go to the cabin to take a little boy in—I kept the door open then, and left the child in the cabin; be was about three years of age, and there was another about 12 or 14—about 20 minutes' afterwards I went in again; the cabin was still open—it is my custom at Harwich, after the passengers have left the ship, to assist in getting in the value packages with Mr. Gunton—I did so on the morning of the 13th, and found three parcels missing—the ship and cabin were searched, and they were not found.
Cross-examined by SIR H. GIFFARD. When I say I missed some parcels I mean according to the list—the parcel with the canvas cover which I saw put into the drawer was safe, also the bag of money—when I went on shore it was to change some money for a lady—at that time the vessel was moored to the quay by her ordinary ropes.
By the COURT. I saw Degens come with the bag of money; he brought one parcel first; I was then standing by the bar in a recess, within a yard or two of the cabin—as near as I can recollect I took the parcel from under his arm—there were several gentlemen and others there—I had to pass from the bar to the cabin—to the best of my recollection I took the parcel from him in the captain's cabin—I first met him outside at the bar, and I went with him into the cabin, and he there handed me the parcel, and I put it in the drawer; I am sure about that—there was a sofa there; it was not put on the sofa—I could not say whether he had three other parcels; I was too hurried—I can't say whether he had others or not.
GEORGE TAYLOR . I was formerly second steward of the Avalon—I am not now in the company's service; I was on 12th July—before the vessel left Rotterdam that day the principal steward handed me this pencil list; that was before he went on shore to change some money—was in the lobby close to the captain's cabin—I saw Degens come on board afterwards; I did not see what he brought; he came with a parcel or parcels, and directly he came I handed the paper back to the chief steward—Degens went to the captain's cabin with the parcel; I only recognised one—I can't say how many parcels he had—the chief steward passed Degens to the captain's cabin, and I handed the chief steward this paper, saying "Mr. Bonner, you will want this paper most likely—Degens went into the cabin; I did not see what he did there; he must have brought some parcels; I can swear that he had one, I cannot say whether he had more—I did not see what he did with the one—he went into the cabin—I did not see him come out—shortly afterwards I saw him come on board again with a bag of money—he handed it to me I the captain's cabin—I took it into the cabin and placed it in the drawer—there was then one parcel in the drawer; I took that out; it was a square parcel, in paper as far as I know—the drawer was unlocked; I pulled it open—I had to take the parcel out before I could get the
money in—I should think about 10 minutes elapsed between Degens being in the cabin first and his bringing the bag of money; I can't say exactly to a few minutes; from 10 to 20—in the meantime I had been waiting on my passengers in the saloon.
By the COURT. When I took the parcel out of the drawer to put the bag of money in, I saw into the drawer—I am quite sure there was only that one parcel in it; if there had been others there I must have moved them, because there was not sufficient room.
Cross-examined by SIR H. GIFFARD. The parcels and the bag of money I saw in the drawer were safe when we got to Harwich—when I put the bag of money in I had to press it; there was not sufficient room—that was before the vessel had started; I should think about half an hour or 20 minutes before, I could not say exactly—the vessel was still moored alongside—I noticed the sofa, but not particularly, not whether there was anything on it or not—I knew the bag was a valuable parcel—if I had seen three parcels on the sofa I should have put them in the drawer—it was rather dark in the cabin; I was able to see—I have no doubt there was not anything on the sofa—I could not swear it—I do not believe there was or was not any value parcel on the sofa.
By the COURT. If there had been two or three value parcels on the sofa I think I should have seen them, and I did not see them.
ANTONIO JOHANNES DEGENS (Interpreted). I am a brother of Herbert Degens, and am a labourer in the employ of Messrs. Pieters—it is part of my duty to place packages on board the steamers—on 12th July I was engaged in placing luggage on board the Avalon—I saw my brother Herbert come on board—I was in the cabin—my brother had packets with him; I did not see how many; I cannot tell whether there was one or more; he was carrying them under his arm—I saw packets; he brought them in the captain's cabin—Mr. Bonner opened the door for him.
JOHN DE RUYTER (Interpreted). I am in the employ of Fox, Schmidt, and Co., steamship owners, of Rotterdam—on a Wednesday evening, in the middle of July, about 18 minutes before 6 o'clock, I was in a screw steamboat alongside the Avalon—I saw Herbert Degens come on board the Avalon with some packages—he carried them in front of him; I could not exactly say how many packages he had, three, four, five, or six, more than two—he did not speak to me—about four or five minutes afterwards I saw him a bring a bag on board.
Cross-examined by SIR H. GIFFARD. I knew him before—I did not know him as being in the habit of carrying parcels for the gentlemen; his brother does—I was first asked about this on Friday morning after the loss—Degens asked me, in the presence of the Superintendent of Police at Rotterdam, whether I had seen it—he first asked me if I knew anything about it—he asked if I saw the parcels that he brought on board, and I remembered that I had, and that he took them into the cabin—I could look over the railings of the tug and see who went in or out of the cabin—nobody has taken down my evidence, only a gentleman in the office of Messrs. Pieters, about 7th or 8th August.
THOMAS GUNTON . I am a clerk in the employ of the Great Eastern Railway Company at Harwich—on the arrival of the Avalon on the morning of 13th July I received the invoice of the parcels that ought to have arrived; six ought to have come; there were only three.
MICHAEL ABRAHAMS . I am a solicitor, of 8, Old Jewry—in June last I heard of the loss of some bonds value 10, 000l. belonging to Alard and Co, of Paris—they were advertised—Messrs. Alard were clients of mine and persons were requested to come to me and give information—the prisoner Carr called on me with reference to those bonds. (MR. POLAND proposed to give evidence of what passed at this interview. SIR H. GIFFARD objected, it not being relevant to the present inquiry, and it was not pressed.) I knew him by two names, Taylor and Carr—after the loss of the Egyptian and Illinois bonds Mr. Trier, on behalf of my clients Messrs. Merrier, Backhouse, and Co., communicated with me, and in consequence of a telegram I sent Carr called on me on 19th July—I knew his address, he had left it with me—I had previously seen some of these printed bills giving the particulars of the bonds, and had them in my hand when he called and showed them to him—I told him that these bonds had been stolen at Rotterdam, either before they were put on board, on the quay, or whilst the vessel was lying in the harbour, and I asked him if he could find out whether they had come to London—he said he would endeavour to find out and afterwards communicate with me—I think I told him there were some Unified bonds as well, but I am not quite sure—they did not belong to my clients, but I might have mentioned them—Carr looked at these bills, he did not inspect them—he came to my office again on Saturday, the 22nd; he said all the bonds could be returned to Messrs. Mercier, but they would have to pay 50 per cent, of the market value for them—I said I would communicate with Messrs. Mercier, and let him know what they said—I said I thought 50 per cent, was a very high price to pay; that the parties were exacting very heavy terms—he said the parties would not take less; that was all that passed at that interview; it was a very short one—I communicated with my clients, and on the 24th I saw Carr again—I then told him that my clients would pay the 50 per cent, on the return of the property—he said the parties who had the bonds had to go to Good wood races, and that it would be a week before they could be restored—I saw him next on 31st July—I had in the meantime seen Mr. Trier, and when the prisoner came he said he should like to see my client—I thereupon sent for Mr. Trier, and he came—before that the prisoner said that the parties had returned, and the bonds could be given up; the arrangement could be carried out—when Mr. Trier came the prisoner said he proposed to bring the bonds to my office—I declined that—I said "I have introduced you, and you had better carry out your arrangement together"—the prisoner then said "I should like to have your word and that of your client that I shall not be arrested when I bring the bonds back"—I said "I give you my word I will not have you arrested"—I turned to Mr. Trier and he also gave his word that he should not be arrested—the prisoner was asked how he would have the money paid—he said he was not particular—an appointment was made for ten next morning at Mr. Triers office, and they then left—I wrote on a piece of paper the address of Messrs. Mercier and gave it to the prisoner—I heard nothing further of the matter till I saw the prisoner in custody.
and Co., stockbrokers; we correspond with Calcar and Co., of Amsterdam, and also with Hyman and Sons—on 13th July we were expecting 500 Egyptian Preference and two Illinois Central bonds, also some Unified Egyptians—the market value of the two Illinois was about 950l. or 1, 000l., and the Unified about 1, 250l.—we were in the habit of receiving them by the Great Eastern Railway Company vid Harwich—they did not arrive, and I communicated with the people who sent them; inquiries were made, and we heard they ware missing—in consequence of that we had these bills printed and circulated, but not about the Unified—I consulted our solicitor, Mr. Abrahams, and on 31st July I went to his office and there saw Carr; he was introduced to me by another name; that was the first time I had seen him—he said he had got these bonds, and he would give them up on payment of half their value—we arranged that he should come to our office next morning about ten and he would deliver the stock, and I should give him the half value in bank notes—I asked him about taking a cheque; he refused taking a cheque, and wanted bank notes—I was asked either by him or Mr. Abrahams that I should not apprehend him, and I said I would not—he came to our office about ten next morning; in the mean rime I had communicated with the City police, and Sergeant Hancock and two other officers were in the office—the prisoner first brought the parcel of the 2. 000 Unified; it was a small brown-paper parcel—he said here are the Unified—I did not undo it—I said "I do not want them, I want first the other parcel, the Illinois and the Preference"—he said "All right, I will take them back," and in a few instants he came back with the other parcel: that was in brown paper; a smaller parcel in thickness, but larger in length—he said "Here is the other parcel"—I opened it and looked over the numbers, and compared them with one of the printed bills which I had with me, and they were correct—I found 25 bonds of the Egyptian Preference Stock of 20l. each and two Illinois, one for 1, 000 dollars and one for 5, 000 dollars—I then called Mr. Backhouse in, and said to him in the prisoner's presence "This is the man that brings us the stock that had been either lost or stolen on the way from Amsterdam to London, and ho gives them up against payment of half the value"—Carr said nothing to that—we had prepared bank notes and we counted them over, and the moment I found all was in order I gave the sign to the detectives, and Hancock came in and took the prisoner into custody.
EDWARD HANCOCK (City Detective Sergeant). I arrested Carr at Messrs. Herder's office—I first said to Mr. Trier, "Where are the bonds?"—he showed them to me—I then turned to Carr and said, "You will be charged with the unlawful possession of these bonds, and you will have to go to the station with me"—he said, "Yes, I will go with you"—I took him to the station; I there said, "I must ask you to account for the possession of these bonds, Mr. Carr?"—he said, "I shan't account for the possession"—I searched him and found on him about 140l. in notes, gold, and silver, and some memoranda—some of the notes were German, and Scotch, and the rest in English—I have known the prisoner personally perhaps 20 years, and by repute 30—20 years residing in this country, in Osborne Terrace, Peckham.
WILLIAM OLDHAMPSTEAD (City Detective). On Tuesday, 1st August, about 9 o'clock, in consequence of instructions, I was in Copthall Buildings—I went into the Shepherd and Flock public-house at the corner,
and a few minutes before 10 I saw Carr go into No. 3, the office of Messrs. Mercier—he was carrying a small brown paper parcel—I afterwards saw him come out carrying apparently the same parcel; he went into Copthall Court—at the same time as he came out of No. 3, Wilson left the public-house suddenly—he had been in the same compartment as myself—he came in while I was waiting, as soon as Carr went to No. 3; he had a parcel, very much like the other one, only a little different in size—while he was there he was apparently watching towards No. 3 which drew my attention to him more than ever; that was while Carr was in No, 3—when Carr came out of No. 3, Wilson left suddenly and ran and overtook Carr, and they stood and had a little conversation in the court—they each had a parcel, they wore standing as close as they could, facing each other, for a minute or two—I could not tell whether anything was passed between them or not, Wilson's back was towards me—Carr then left Wilson and went back to No. 3 with a parcel, and Wilson went away carrying a parcel—I followed Carr to the house; I saw nothing more of Wilson then—on bank-holiday, 7th August, about 11, I saw Wilson in a tram-car in the Peckham Road—I got into the car and rode with him to Camberwell Road—I there stopped the car and said to him, "Mr. Wilson, I wish to speak to you"—he turned round and said, "What do you want?"—I said, "If you will get outside I will tell you all about it"—he got out, and I then told him that I was an officer of the City Police, and said, "I shall take you into custody for being concerned with John Carr, in custody, for the unlawful possession of foreign bonds "—he said, "I don't know John Carr, nor anything at all about any bonds"—I told him he would have to go with me to the City—he said, "Very well"—I brought him to the City and he was charged—the charge was road over to him by the inspector—he replied, "That is mere bosh, waste paper that it is written on, all folly"—to my recollection I never saw Wilson before the day I saw him with Carr—I have known Carr by sight about four or five years living in this country.
Cross-examined by MR. GORST. I was waiting at the Shepherd and Mock about an hour before I saw Carr—I was sitting down on a stool in the bar right opposite the door—any one sitting in the bar could see down Copthall Buildings, and could see No. 3—I was sitting about a yard or a yard and a half from the door of the public-house—there are two doors with straps to them, they do not quite close, and you could see through and see the whole of Copthall Buildings—there was no one with Carr when I first saw him—Wilson came into the public-house directly Carr had gone into No. 3—I could only see that Wilson came from the corner, he did not come straight up Copthall Court; he must have come down a court that leads out of London Wall; he had three of brandy neat—he did not sit down, he sipped it, and went right in front of me looking out at the door, and I looked over his shoulder—he stood there three, four, or five minutes, till Carr came out of No. 3; when he came out he turned to the right, away from where I was sitting, away from the public-house—Wilson at the same time went out and I followed him, and they met just at the corner, as Carr was turning to the left, I did not see him turn round—the parcel Wilson was carrying might have gone into a great-coat pocket—when I took Wilson into custody he did not say, "I do not know anything about John Carr's business; he said, "I don't know John Carr, nor anything about John Carr, nor anything about any bonds. "
JOHAN VINNEBOSZ (Interpreted).I am in the employ of Messrs. Hyman and Sons, of Amsterdam—on 11th July I made up, a parcel containing 2, 000l. Unified Stock, addressed to Messrs. Mercier and Backhouse, Copthall Court, London, endorsed, "Value 100l. "
GEORGE HENRY LEWIS . I am a solicitor, of Ely Place—I am conducting this prosecution as the agent of the Director of Public Prosecutions—I attended before the Alderman when the prisoners were charged with this matter—in the progress of the case I called a certain witness, I will not state who he was, and his evidence was objected to—I stated that I called him for the purpose of proving that Wilson was a British subject, and Wilson then said, "I admit I am a British subject"—Carr also said, "I do not dispute that I am a British subject"—the learned Counsel then representing the prisoners said, "I ought to accept the admission made by the accused, and I gave no further evidence on that subject.
This being the case for the prosecution, SIR H. GIFFARD submitted that there was no case to go to the Jury as against Carr. Assuming for the moment that the offence was one cognisable by the English law, there was no felonious receiving within the meaning of the statute; the only possession proved was one in pursuance of an authority by the owner of the bonds for the purpose of their restoration, in which transaction Carr was simply the agent of the owner; nor was there any proof of possession on his part until after the arrangement made with Mr. Abrahams. MR. JUSTICE NORTH held that upon this point there was evidence for the Jury. SIR H. GIFFARD then urged that it teas not established affirmatively by the prosecution that any offence had been committed within the jurisdiction of the Admiralty; it was quite possible that the larceny might have been committed either before the goods reached the ship at all or while the ship was still moored to the quay which formed part of the Dutch soil, and so would come within the cognisance of the Dutch law. MR. GORST was also heard in support of the objection. MR. POLAND contended that the tendency of the evidence was to show that the bonds were safely placed on board the vessel before leaving Rotterdam, and that upon that the question was one of fact far the Jury. Upon the question of jurisdiction he referred to the cases of Reg. v. Langmead (see 1 Leigh and Cave, page 437), and to Reg. v. Allen 1 Moody Crown Cases, page 494; Rex. v. Jemot, Old Bailey 1812, W and Reg. v. James Anderson 11 Cox C. C., page 198; and urged that even supposing the larceny was committed within the Dutch territory, that would not oust the jurisdiction of the Admiralty; the two might be concurrent.
MR. JUSTICE NORTH was of opinion that the evidence did not show that the prisoners were the parties who actually stole the bonds. Upon the question of jurisdiction, he did not think there teas any distinction between the case of a vessel sailing up a river like the Maas and being at anchor; the Admiralty jurisdiction would still apply, and if so any larceny committed on board would be triable here, as well as the offence of receiving in this country.
GUILTY of receiving.
WILSON was further charged with having been convicted at the Middlesex Sessions in 1863, to which he
PLEADED GUILTY.— Judgment Reserved.
NEW COURT.—Wednesday, September 13th, 1882.
Before Mr. Recorder.
MR. WILDEY WRIGHT Prosecuted; MESSRS. KEITH FRITH and BLACKWELL defended Remington, and MR. THORNE COLE the other prisoners. THOMAS MATTHEWS. I live at 51, Victoria Road, Kilburn, and am an articled clerk in the City—on a Saturday night in August I went with Mr. Bebro to the Criterion at 8 or 8.30—I had two sovereigns and 2s. 6d. loose in my trousers pocket—I paid the 2s. 6d. to the cabman—Mr. Bebro met two male friends, one of whom paid for the dinner, and I paid for a bottle of wine; I don't know what—I was sober when I went there—I don't know what time we left; I remember leaving—I don't know what money I spent there; I picked up the change and put it in my pocket without counting it—I went out with the intention of getting into a cab and going home, but have not a faint recollection of anything which occurred till I was woke up on Sunday morning by Bebro, and found myself in bed with him and the two female prisoners, we were all four in one bed—I looked at my watch, and it was 2. 15 a. m.—I had not wound my watch up, but it had not stopped—Bebro was then dressing—I asked him where I was—he said 2, Westmoreland Street, as he had seen the address on a telegram—I was undressed; I got out of bed and dressed myself, and we were then both going towards the door, when Moore said "How about a fiver?"—I said "What fiver?"—she said "You promised us a 5l. note"—I said I had no recollection of anything of the kind or of getting there—she said "Well, you won't go out of this place till you give it us"—she then got out of bed, put on a dressing gown, went to the door and locked it, and put the key in her pocket—put my hand in my pocket and only found 1s. 6d.—I told her I had no money—Vincent then got out of bed, and sat on a sofa or chair—Moore said "Nell, ring the bell, I will see what these b——s are made of"—Vincent rang the bell; I heard footsteps at the door; Moore unlocked it, and the two male prisoners came in—Moore said to Tucker "These b——s have come here, him, and are going away without paying us after promising us a fiver"—Tucker said "Come, out with it, or I will chuck you out of the b——window "—we were both standing about the centre of the room, and the window was a little open—Tucker said to Remington "Shut the door"—Remington shut it, and stood with his hand on the side of it the whole time, and his back to the wall—Tucker said "Now, then, tip up, you b——, I have no time for this b——parley" and kept tapping my pockets—he said "I will kill you and throw you out at the window—I kept backing towards the window—I said "I have no money; it is impossible for you to get it; only let me go and I will send you what you like when I get away"—he said "That is no good; I must have it now, or I will throw you out of the b—
window"—I turned round and saw that we were three stories high—I cannot say who had opened the window, or whether it was open when we went up—he kept constantly tapping my pockets—I believed I was in danger of being thrown from the window—I was close to it when Moore said to Tucker "They have watches, him"—Tucker said "Then let us have the b——s"—on that, I pulled out my watch and gave it to him, but not the chain—he looked at the watch and said "This b—is no good; it is only worth 7s. "—I believe it was worth about 5l.—he turned to Bebro and said "Now, then, out with yours"—he said "I have got no watch"—Tucker said "Then let us have your chain"—Bebro took his chain off and gave it to him; he was decidedly in a state of fright; we are both very young—Tucker then said "Give us an 10 U for 2l., or a note of hand"—the servant came into the room, and Tucker said to her "Go and get some paper," and she fetched it, and Tucker put it on the table and said "You b——, write what I tell you"—I was going to write a note of hand—I wrote "The." for my name, and then I stoutly refused, and told him I would not do it, and put the paper on the table; this is it (produced)—Tucker said to Bebro "Now, then, you b——, you do it, if you don't I will turn you up and throw you out of the window"—Bebro wrote, at his dictation, "Left a watch and chain value 2l. in care of Mr. Tucker, 2, Westmoreland Street—Thos. Smith"—it is not his usual writing—Tucker said "What shall we do with the b——s?"—Remington said "Well, if the poor fellows have not got anything you can't get it"—Tucker said, pointing to Moore, "If that little bitch had been drunk she would have torn your b—eyes out; and if I had been drunk I would have stripped your clothes off your backs"—he then said to Remington "Oh! we have got half a gallon of six ale in the house"—they brought it up and pressed us both to drink—I just put my lips to it, but neither of us drank—I told Remington he deserved something for the manner he had spoken, and Tucker said "He is new at the job; now show the b——s out"—both the servants and Remington went down and let us out, and Tucker followed Remington—the four prisoners were in the room the whole of the time—Remington said nothing to prevent this going on—I spoke to a constable outside the house, and we both returned with him, and two constables took Tucker to the station—he was not taken, he came with us—I told the inspector what had occurred—he asked Tucker for the watch and chain, and he gave them up—I asked the inspector what I should charge them with; he refused to tell me, and the inspector handed back the watch and chain to him—on the Monday morning I sent a cabman to a public-house in the neighbourhood, as I was afraid to go myself—I stopped outside, and Tucker came out with him—I did not get the watch and chain—I afterwards obtained a warrant—the two women were taken first—I afterwards saw Tucker driving in Holborn, and gave him in charge.
Cross-examined by MR. COLE. At the Criterion we had champagne, beer, and port—I suppose we were both drunk—I do not recollect speaking to any women in the Hay market or going in a cab—I have heard from the prisoners that we went in a cab—I don't know whether I changed toy two sovereigns at the Criterion—I have not been in the habit of going home with women before; I have done so only once to my recollection—I was not drunk then; I paid my money—I had no intention of
going home with the prisoners—I did not promise to pay them anything, nor did I—I did not pay them even the 1s. 6d. that was in my pocket, because I had no intention of going there—I should not have gone back and given them any money if the watch and chain had not been taken.
Cross-examined by MR. BLACKWELL. Remington offered me no violence and the only words he uttered were "Poor fellows, they cannot give anything if they have got no money"—I looked upon him as a friend.
Re-examined. I cannot say whether the women had any of the money which was in my pockets over night, or whether I paid them anything—I have no recollection of going home with them—Remington did nothing to stop the others or to help us.
HARRY JOSEPH BEBRO . On 26th August I went with Mr. Matthews to the Criterion—we got there about 8.30, and met some friends, who paid for dinner—we had champagne, and beer, and port, and were intoxicated when we left—I only had two or three shillings when I went there, not intending to go there when I left home—I have a faint recollection of speaking to some women and of getting into a Hansom cab, and the next thing I recollect is finding myself in bed with Matthews and the two female prisoners—I woke up first; I was half undressed—I awoke Matthews, who said "Don't bother me; where am I?"—I did not know where I was, but I found a telegram on the shelf addressed to 2, Westmoreland Street—I told Matthews of that—he got up, and when we were dressed and were leaving the room, Moore, I think it was, said "How about the fiver?"—Matthews said "I don't know about any fiver at all"—Moore said "Well, then, you don't go out of this house without you give us the money"—she got out of bed, put on a dressing-gown, stood by the door, turned the key, and put it in her pocket—Vincent got out of bed and went to the sofa—I walked towards the door to get out, and Moore said" King the bell, Poll"—Vincent rang the bell, and the servant, I fancy it was, came up—I do not know whether Moore spoke to the servant or not, but I heard footsteps outside, and Moore opened the door, and Tucker and Remington came in, and one of them said "What is all this row; about?"—Moore said "These b——s won't give us any money"—Tucker said "I want no humbug; if you don't give us the money I shall shake you up and throw you out at the window"—Matthews said "I have got no money, and you can't get blood out of a stone"—Tucker said "I will kill you, and throw you out at that window," and he tapped Matthews's pockets and pushed us towards the window—I was very much afraid, I knew we were very high from the ground—one of the women said "They have got watches and chains, Jim" and Tucker said to Matthews "Out with that watch, or I will shake you up; I will kill you"—Matthews said "For God's sake leave mo alone, I have got no money, and you can't get blood out of a stone"—Tucker said "Then we will have he watch"—after a little time Matthews gave up his watch, and Tucker said "That is no good; it is only worth 7s., "and Tucker then said to me "Out with your watch"—I said "I have not got a watch, only my chain," and gave it up—he knocked my hands down; they were on my chain—he then said "These things are not worth much; now give us a note of hand for 2l., or von won't get your things, and I will certainly throw you out of the window—he sent for pen and paper, and said to Matthews "Now, take hold
of this and write what you have got to write," and he dictated to him, but Matthews only wrote a scribble, and put down the pen and said "I till not write any more"—Tucker then turned to me and said "Now, once for all, I will throw you out at the window and have done with you"—my chain was worth 5l. or 6d—Remington was standing behind Tucker all the time, a little way from the door—Tucker said that Remington was a new hand at it.
Cross-examined by MR. COLE. This was not my first champagne, but it is the first time I was in that state—I am a member of the Jewish persuasion—this Thomas Smith is my signature to this I O U—I wrote that because I was afraid of my name being known—I think I had only got 1s. when I got up in the morning—I did not offer it to the women—I have known Matthews six or seven months, but never went to the Criterion with him before—I mean to say that I do not recollect going into bed with these women—I have a faint recollection of speaking to some women and getting into a Hansom's cab—I do not know who paid for the cab—Matthews told the inspector at the station everything, and after that he handed the watch and chain to Tucker—I afterwards saw a solicitor.
Cross-examined by MR. BLACKWELL. Remington used no threat or bad language, but I think he was quite ready to take part in it, because they both came up together and they addressed one another—Matthews thanked Remington for his kindness, because he was told that he was quite a new hand at it—I joined in gratitude to Remington, he had not acted in a hostile manner towards me, but he was ready to do it.
Re-examined. He did not help us or try to make the man and women desist—he was near the door; I can't say whether he held it—I have not the slightest recollection of going home with the women, and I have never once done so before.
JOHN EDWARDS (Policeman B 232). On 29th August I saw Tucker at the Kilburn Station—I read the warrant to him—he said, "Very well, I should not have got into this trouble if I had known it"—I said that there were two females and another man—he said, "Who was the other man?"—I said, "Dippenham"—there is such a man, I know him well—he said, "Dippenham was not there at all, the women were two lodgers of mine, one has only been there a few days"—I took him to a cab, and in the cab he handed me this watch (produced), and said, "I may as well give it to you"—he also gave me the key of a box and said that I should find the I O U in it, and if he had known he would have been at the police-court that morning—Remington was at the Court next morning, and I took him—he said, "I was there, but I had no hand in the matter, I came here as a witness for Tucker. "
Cross-examined by MR. COLE. Tucker said, "I have got into this mess through minding other people's property"—I have known him living in that house some years—he has been summoned for assaulting a woman, hut he was never in any other trouble—I have known Vincent many years, and know her parents—she was never in any trouble before.
Re-examined. I have known Tucker ten years, he has kept this house some years—he has also been summoned for threatening a woman who lived a few doors off—his house was shut up yesterday—he is a boot and
shoe maker, but I know him as a cab driver—I believe Remington is a respectable man.
Vincent and Remington received good characters.
VINCENT— GUILTY.—Strongly recommended to mercy by tin Jury and prosecutor. — To enter into her own recognisances. MOORE— GUILTY .— Four Months' Hard Labour. TUCKER— GUILTY.— Six Months' Hard Labour. REMINGTON— NOT GUILTY .
THIRD COURT.—Wednesday, September 13th, 1882.
Before Mr. Common Serjeant.
OLD COURT.—Thursday, September 14th, 1882.
Before Mr. Justice North.
MR. RIBTON Prosecuted; MR. HORACE AVORY Defended.
FANNY CARROLL . I live at Little Payne Street, Barnsbury, and am the widow of Richard Carroll, who was a coal carman, about 32 years of age—on Saturday evening, 19th August, he was brought home from his work about 7, complaining of pains in his head and back, and of being very hot; he remained at home and rested on the Sunday—I know Dr. Kane's dispensary in Copenhagen Street; I went there on the Monday, about 12 o'clock, the prisoner opened the door and said, "Come inside," and I went inside the parlour and sat down and said, "Please can you come to my husband at once?"—I did not see anybody else there—he said he would be there about one—he did not come, and I went down to him again at 6—I said to him, "How is it you have not been to my husband?"—he said, "I made a mistake in the number of the street"—I said, "Then can you come now?" and he followed me to the house—he saw my husband in bed and took hold of his pulse, and tried his head—he said his head was very hot, and that he would get him well in three or four days, as all he wanted was a good scouring out—he told me to go down to his house for the medicine—I did so the same evening soon after the prisoner got down there; he gave it to me—there were directions on the bottle that it was to be taken once every four hours—I gave it to my husband in that way, till the contents of the bottle were gone; it lasted till 7 next evening—it had a strong effect on my husband, it seemed to work him very much; I believe it worked him eight times—on Tuesday afternoon he seemed a little bit livelier, but in the evening, he seemed to get weak and lightheaded, as if he was mad—I saw the prisoner again at 2 o'clock on. Tuesday, before the first medicine was finished—he asked my husband how he felt; he said he was much better, but be was getting worse—the prisoner came again on the Wednesday. about 2 o'clock—my husband seemed no better then—he told the prisoner he felt better, he said so all along, but he said his appetite was very bad he could not eat, and that he could get no rest—on Thursday he came
again at 2 o'clock, and my husband was sitting in the chair against the door—I believe he was up on the Wednesday sitting in an armchair when the doctor came, and on Thursday he insisted on getting up—the doctor said, "How are you to-day?"—he said, "I am all right, governor, I feel all right"—"Well," he said, "I think you are far from being right, and you must go into bed, or else I cannot attend you," and he walked out of the room—that was the only time I knew him tell my husband to get into bed—on the Thursday evening I went down for his medicine—my husband went to bed directly after the prisoner told him, but I had a hard job to make him do so, because he would insist on getting out of bed—on the Thursday afternoon he had a little milk, and I believe a herring for his tea; I gave it to him, he sat at the table—I had had another bottle of medicine on the Tuesday evening, which was to be taken every four hours, and that lasted till the Wednesday, when I went and had another bottle—it seemed still to work him, to open his inside and make him as mad in his head—when I went for the medicine on Thursday I said to the prisoner, "I must go to the House"—he only said, "Well, I should"—on Friday morning my husband seemed much worse and very helpless, he could not move, and I went down to the parish doctor with a parish order, and Dr. Round tree came to him between 12 and I—he examined him and told me he was dying, and on that day at ten minutes past 5 he died.
Cross-examined. The prisoner did not say he was Dr. Kane, and I did not ask him—I do not know if there is a name over the dispensary; I cannot read—my husband never came home drunk; he had a heavy day's work on the Saturday—the prisoner asked him on the Monday if he had been drinking lately; my husband said he had had a glass, but he never made it a practice of getting drunk—he did not say what ho had had a glass of—he complained of pain in his head; I did not hear him say anything to the prisoner about a pain in his back—I told the prisoner when I went for him on the Monday that he had pains in his back and head, and was very hot; he was quite rational when the prisoner saw him on the Monday; he could talk all along quite clearly—I did not hear him say anything about the pains in his back—the prisoner looked at his tongue on the Monday, and said he should think his inside was in a dreadful state with drink, and my husband told him he had been having a glass, but he never knew his inside was in such a state with drink—I noticed his tongue and lips was in a very bad state—I began to give him the medicine about eight on the Monday; I stopped up till about twelve and gave him another dose, and I woke in the morning about seven and gave him another dose—he was up the bet part of the night and took the medicine himself at the hours he ought to—when the prisoner came on the Tuesday there was a person in the room upstairs overhead; on the Monday I was there by myself—the water-closet is down stairs close by the wash-house; you have to go outside the house to get to it—my husband went three or four times to the water-closet on the Monday night; he put on his clothes and boots—when the prisoner came the next day, about two o'clock, he said he would give him some medicine to make him sleep, so that he should have a good night's rest—my husband complained of not being able to sleep, and I complained that he was so light-headed I could not keep him indoors—the medicine I fetched on Tuesday looked a little different from that I had fetched
on Monday, and I understood it was for the purpose of giving him a good night's rest—I fetched it about 7.30 both on Wednesday and Thursday; my husband told me he felt better; he seemed livelier one minute and the next minute would lose all his senses—he seemed better to me on Tuesday when the prisoner came—on the Wednesday he was up and dressed; he finished a bottle of medicine a day—the first medicine acted as an aperient; he had no other medicine like that—I told the prisoner on the Wednesday evening my husband's bowels were bound—on Friday morning I went for the parish doctor, and when I came back I asked a neighbour to go down and tell the prisoner I had sent for the parish doctor, and I should not want him to call any more—the prisoner did not tell me on the Wednesday or Thursday that my husband wanted some good nourishment—my husband asked me if he might have a glass of beer—I asked the prisoner, and the prisoner said he thought he had better have a little milk; my husband had three half-pints of milk—I told the prisoner on the Thursday night that my husband was not getting any better, and I should have to go and get a parish doctor, as I had no money coming in, and could not pay him for next week, and also that it was for the purpose of getting proper nourishment; before that no one had said that he wanted proper nourishment—I paid the prisoner 2s. 6d. on the Monday, which included the four visits and the medicine.
Re-examined. He said he did charge 2s. 6d. a visit, but that his place was for poor people, and he would attend for the week for 2s. 6d.—my husband complained of his breathing and of a cough—I told the prisoner on the Thursday that he was spitting blood—he said it was the straining from his cough, but he would give me something for it, and that was the last medicine I had—I had not noticed his spitting blood before Thursday—I had told the prisoner of his cough before that—the prisoner never came to see my husband after I noticed he was spitting blood—I believe he would have come on the Friday if I had not told him not to.
WILLIAM GEORGE ROUNDTREE . I am a medical officer of the Barnsbury district, M.R.C.S. and licentiate of the College of Physicians—on Friday, 25th August, about 12.30, I received an order from the relieving officer to go and see the deceased—I found him in a very exhausted, prostrate condition: his breathing was very hard, his pulse quick, weak, and regular; he was partially unconscious, and would evidently die in two or three hours—I examined him, and found he was suffering from considerable consolidation of the right lung—I asked a few questions of the wife, from which I considered the case to be inflammation of the right lung—the inflammation must have existed five or six days, possibly longer—he died four hours afterwards—I ordered him brandy and extract of beef, and so on—I observed no other signs of illness—the only mischief I could find was the inflammation of the lung, pneumonia; I concluded he died from that—the consolidation could not possibly he due to drinking—I know Dr. Kane's dispensary; there was a plate on the door at the time it was established, there is not now; I have never been there myself—the name of "Dr. Kane" was on some small bills pasted on the window a little time ago, but they had ceased to be in August last—from the condition I saw the deceased in on Friday a strong dose of purgative medicine would not be the proper thing to administer to him on Monday—I suspect his lung was in a state of engorgement with blood, and his temperature high; he would probably have severe
headache and more or less pains in his chest and back—you always get those pains when a patient has taken chill, and in any feverish attack—the proper treatment would have been something to reduce the temperature, remove the pains about the chest, and prevent the patient getting into an exhausted condition—a purgative would cause exhaustion, and possibly increase the temperature—whether it would be proper to administer a medicine to bring on sleep would depend on the condition of the patient at the time—I can't say whether, supposing he had had a purgative, a sedative would have been a good thing to follow—his condition might have admitted opium to be given him in moderate doses—I observed the state of the lungs at the post-mortem examination—I assisted Dr. Capon—it was consistent with the opinion I had already formed—he had been suffering from inflammation for five or six days—if a properly qualified man had seen him on the Monday his lung would then have been inflamed, and there would probably, but not certainly, have been physical signs of the inflammation—I can say he had been in that condition more than four days—the average period for engorgement of the lung is three days, and consolidation or redhepitisation takes place in two or three more, and is usually complete on the seventh day, but there are variations—in my judgment, if a properly qualified man had seen him four or five days before the Friday, and examined him as I did, he could have discovered what was the matter with him, and knowing that, he should not have had severe purging treatment; something to open his bowels once or twice might have been permissible, but severe purging would only exhaust and increase the temperature.
Cross-examined. If he had known it was pneumonia a mild aperient might be a proper medicine—sometimes a mild aperient acts more strongly than the doctor expects—if the aperient acted too strongly I might give a sedative opium, and watch the effect—I had no reason from what I saw to suppose a strong purgative had been given, only from what I heard at the inquest—I saw the remains of a bottle of medicine—I did not examine it—I did not know he was not attended by a qualified medical man—there was only one bottle, which was taken to be replenished—(looking at a paper) there is nothing particularly strong about this prescription; it is an ordinary black draught—I did not hear the prisoner say before the Coroner that that was what he had given the deceased—if a man had been drinking more beer than was good for him it would predispose his bowels to be violently purged—there is usually pain to a patient suffering from pneumonia—I should expect him to complain of pains in his chest before there were any signs of inflammation in his lungs—the limit with regard to the inflammation may not have been more than five days, from about Sunday noon to Friday noon—as the medical officer of the district, if I was told a patient was suffering from pains in his head, and found his temperature high, I should examine his lungs, especially if he was delirious; if the temperature were normal I should not examine his lungs; if the temperature was something above normal, and the patient said he had had a glass but never got drunk, I should not have been alarmed at the slight increase—98.4 is the normal temperature; if it were 100 I should not think much of it, but if it were 104 I should think there was mischief—I can tell with my hand whether the temperature is raised or not, and if it seems to be above 100 or 102 I use a thermometer—if I found a
patient suffering from headache and a furred tongue, and with a temperature below 100, I should not think it unreasonable to assume his stomach out of order and give an aperient medicine—when I saw the deceased on the Friday he was not able to speak, and I examined him as usual—I went one day to see Dr. Kane's dispensary, and the name was on small bills in the window—I lived close to it with my father, a chemist, a few years ago—the dispensary has been there about a year; I live about a quarter of a mile from it now.
Re-examined. From the wife's evidence as to the number of times the medicine operated I should say the result was too strong for a man in the deceased's condition—I could not tell whether the medicine was too strong or not; it was not the aperient I should have chosen in such a case.
The Prisoner's statement an oath before the Coroner teas read an follow, no objection to it being taken. "I reside at 1, Afford Road, Barnsbury. I am assistant to Dr. Kane, and have been so four years. I am not qualified as a medical man. I have charge, alternately with Dr. Kane, of a dispensary in Copenhagen Street, and one in St. James's Road. I was in attendance at Copenhagen Street Dispensary on Monday, 21st, when Mrs. Carroll called and requested me to see her husband. I did not inform her I was not Dr. Kane; the words 'Dr. Kane' are not written up at the dispensary in Copenhagen Street. I went to see the deceased, and found him in a prostrate condition, and I believe he was suffering from alcoholism. He spoke to me quite rationally. He seemed depressed. His stomach was out of order. The tongue was furred, and I treated him accordingly. I noticed that they were in distressed circumstances, and I suggested parish relief for the purpose of procuring nourishment for the deceased. Dr. Kane did not see the deceased at all. I attended him, and saw him last on Thursday, 24th August. He was then weak, but sitting up. I saw nothing dangerous about him; he then spoke rationally. I could not perceive any dangerous symptoms. I have attended a hospital in America. My principal business is making up medicines, and in the absence of Dr. Kane I see patients. Dr. Kane has been unwell, and unable to leave his house. "
MR. AVORY submitted that there teas no case to go to the Jury. Me referred to the decision of the Court fur Consideration of Crown Cases Reserved in the case of Reg. v. Morby, Cox's Criminal Cases, and contended that in the present case it was not shown that death was accelerated by the prisoner's treatment.
MR. RIBTON urged that the distinction between Morby's case and the present was that in that case the death was alleged to hare occurred by the neglect of the parent; in the present case, the prisoner attending the deceased, not being a qualified practitioner, did so at his own risk, and must be held liable for the consequences.
MR. JUSTICE NORTH did not think that it made any practical difference whether the prisoner was a regularly qualified practitioner or not; the real question here was whether there was any evidence to go to the Jury that the death was either occasioned and accelerated by the medicines administered. He M clearly of opinion that there was no such evidence, and directed a verdict of
NOT GUILTY .
NEW COURT.—Thursday, September 14th, 1882.
Before Mr. Recorder.
846. WILLIAM HOLLOWAY (38) PLEADED GUILTY to being in the dwelling-house of Samuel White, and stealing a tea pot and other articles, after a conviction of felony in May, 1868.— Eighteen Month' Hard Labour.
MR. LILLY Prosecuted; MR. HORACE AVORY Defended.
ELIZABETH EMILY MITCHELL . I live with my grandmother at Dalston—on 23rd June I was staying at 209, Maida Yale, keeping house for a relative—I went that evening with a friend to the Brondesbury Station, Edgware Road; she had to catch the 10. 37 train—I did not go into the station—I could not find a cab to go home, and went to the Lord Palmerston and asked the prisoner, who was standing in front, if he could tell me if there would be an omnibus to Maida Vale; it was then 10.20 or 10.30—I took him to be the time-keeper—he made no I answer, and thinking he was tipsy I walked away and he followed me. and came up and muttered something which I could not understand—I said "Thank you, it does not matter," and walked on across the road—he came after me, calling "Police"—I am almost certain he tried to catch hold of me, and being frightened I ran away—he followed me,—and got in front of me; I stopped, and he got behind me, and struck me repeatedly in my back, and I fell—I got up, but could scarcely stand—he kept talking, but I did not understand: what he said—I walked with two persons' assistance to an omnibus at the Cock public-house, I think, which passed my own door—I sat down in the hall—the housemaid helped me off with my dress, and I found I was bleeding profusely—I vent to bed, and found four wounds on my back and one on my shoulder—I sent for a surgeon next morning, when he dressed my wounds—I was confined to my bed seven days—I did not hear the prisoner charge me with having stolen his watch and money, nor did I do so—I was wearing a thick ulster—I did not see any one else wearing an ulster.
Cross-examined. Ulsters are very common—I am somewhat near-sighted—I left home about 10 o'clock, and Brondesbury Station is about a mile off—it did not take 20 minutes to walk, and I left my friend at the station door—the Palmerston was not shut—I was not well enough to appear the first time that the prisoner was at the police-court—I appeared 12 days after this Sunday on the remand—that was the first time I had seen the prisoner since this—he was brought in front of me for me to recognise him, and the Magistrate asked me if he was the man, but I thought he was the man before that—when I got up from the road a few boys ran across the road, and I heard somebody cry "Police"—I heard the prisoner say something about his watch and chain after he stabbed me, out he said nothing to me about it—I told him he had made a mistake; I knew nothing about it, and would give him my name and address—I got home before 11 o'clock—when I looked at my watch it wanted a quarter to 11—I saw no policeman before I got home; but I should have spoken to one had I seen one—a detective came about 12.30 on Monday morning and saw me in bed—when I found I was stabbed I wished to prosecute, but I thought my uncle would not like the bother at the house while I was minding it.
Re-examined. I had given a description of the prisoner, and when I saw him at the police-court he was alone, and was called forward for me to recognise him—I do not think any one was near me but the prisoner when he stabbed me, but I was so astonished that I did not look—I am positive he is the man.
WILLIAM MATTHEWS . I am a carman, of Milner's Mews, Paddington—on July 23rd I saw the prosecutrix—the prisoner was half a dozen steps behind her—I saw him knock her down near the Broadway—no one else was near them—he is the man—I was on the opposite side—the road is not so wide as this Court is long—she did not get up; I crossed over to see what it was, and then he left her, and she got up—I asked him what he knocked her down for—he made no reply—I said "If you want to hit "anybody hit me"—I had never seen him before—I saw him at the police-court the next Friday with three more, and picked him out—after she got up a crowd came round, and he went away with some navy-looking men towards the Palmerston—I noticed that he had had a little drop, but nothing much; he seemed to know what he was about.
Cross-examined. They both went away 10 minutes or a quarter of in hour after I went up—during all that time he was standing there, and I kept talking to him—I do not call him rough-looking, but the men he went away with were.
Re-examined. I saw him come out of the police-van to go into the police-court, and recognised him then—he was the first who came out.
THOMAS BROOK (Railway Policeman). I live at Ovey Place, Kentish Town—on Sunday evening, 23rd July, at 10.30 or 10.35, I was returning from Kilburn Station, and came on a small lot of people in the road—I heard the prosecutrix say "You have made a mistake; I will give you my name and address"—the prisoner was standing close to her—a respectable woman spoke to me, and from what she said I went with two men to a gateway about five yards from where they were standing—one of them lit a match, and I struck another light, and saw a man pick up a penknife—I informed the police.
Cross-examined. The man who picked it up led the way through the gateway—I had never seen the prisoner before, and I did not see him again till the Friday after in the dock at the police-court.
Re-examined. I have no doubt that he is the man.
GEORGE LANCHBURG (Detective X). On 24th July, in consequence of information, I went to 209, Maida Vale, with Inspector Palmer, and I saw the prosecutrix in bed—somebody found this waterproof cloak, dress body, chemise, and other articles—they are all cut through—on 25th July I saw the prisoner at 24, Palmerston Road, Kilburn, and said "Did you lose a watch on Sunday evening?"—he said "Yes; have you found it?"—I said "No, I have not; but I want you to go to the Kilburn Station to see the inspector respecting it"—he accompanied me there, and was asked to give the particulars of how he lost his watch and the number of it—he made this statement; the inspector wrote it down—he said: "I left home, 26, Palmerston Road, about 3 p.m. on Sunday last, and I went to my mother at Walworth, and remained there about one hour. I then walked home, and went to the Lord Palmerston late in the evening, but cannot say what time. I was by myself, and remained some time drinking ale, and left about 11 p. m. When outside the Palmerston I felt a tug at my watch, which I missed and also my chain, immediately. I saw a woman
running away, and I followed her. She was wearing a waterproof, and ran in the direction of Kilburn. I caught her up by the brewery, and we both fell over together on the pavement. I was drunk, and some man wanted to fight me. Some one took my part and I got away, and do not know what else happened. From the time I left my mother's house I never spoke to anyone I knew"—he was shown the articles of dress that were cut—he said "I never had a knife in my possession; it is a mistake"—I took him in custody.
Cross-examined. I had not said anything to him about the stabbing till he made that statement; I only told him that I came to inquire about his watch—he had not complained to us about it, but I had information a few minntes before going there that it was lost on the Sunday night—I did not get the information from a man named Bond—I saw him on the Monday—he is a timekeeper of the London and General Omnibus Company's station at the Lord Palmerston—two persons were called to see the prisoner at the station—they are not here; they would have been if they had identified him; I had received information from them about this affair—the Palmerston closes at 11 p.m. on Sundays—Bond did not tell me he had received a complaint from the prisoner—I never spoke to him about the watch; I only asked him if he knew any one who was engaged in the row on Sunday—on Tuesday, 25th, I was in the Lord Palmerston, and received information that the prisoner had complained of the loss of his watch.
Re-examined. I received no complaint from the prisoner of the loss of his watch.
WILLIAM MITCHELL . I am a plumber, of Osborne Terrace, Kilburn—on 23rd July, about 10.25 p.m., I was passing Brondesbury station with my wife, and saw a crowd—two young men were quarrelling—I do not know whether the prisoner was one of them—I saw the prosecutrix in a fainting condition, and assisted her to an omnibus which started from the Cock.
SMITH OUSTON DAVISTON . I live at 203, Maida Vale, and am a registered medical practitioner—on Monday, 24th July, I was called to the prosecutrix, and found her in bed in a very weak and nervous condition, evidently suffering from shock—I found four wounds on her back and one on her right shoulder, inflicted with a pen-knife or some sharp instrument—if her clothes had not saved her they would have been serious—her ulster prevented their being worse—she must have bled freely, but it had stopped when I saw her—I re-dressed the wounds and she fainted before I had finished; she was in bed about seven days, and I attended her altogether 12 or 14 days.
The Prisoner's Statement before the Magistrate. "I say I am as innocent as a child unborn. I had no sharp weapon about me. The person I ran after was a much stouter person than the prosecutrix. No sooner had I got up to the person than we fell together, and I was surrounded by a mob. I was pushed about and a man wanted to fight me. I walked home. "
GUILTY of unlawfully wounding.—Recommended to mercy by the Prosecutrix. — Six Months' Hard Labour.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
GUILTY of an indecent assault .— Judgment respited.
CHARLES MARINER (Police Sergeant 50 A).I live at 3, Frederick Place, Stepney—on 29th July, about 4 a. m., I heard a noise; got up, looked out of window but saw nothing, and went back to bed—I then heard my parrot screaming, which is unusual in a dark room—I went out of my bedroom and saw the prisoner at the bottom of the staircase—I went down, seized him by his scarf, and said "Hallo, come to the wrong house, have not you?"—he said "Perhaps I have"—he has an impediment in his speech—I said "What number did you want?"—he said "108 perhaps, you had better open the door and let me go out"—I said "Yes, we will both go out together," and pushed him into the parlour; the outside shutter was a little open—I opened the window and pushed the shutter open; the parrot which had been on a work table in front of the window was removed to an easy chair—no one could have got in at the window without removing the parrot; the window was not open—I took the parrot out of the easy chair and put the prisoner there, shook my fist at him and said "If you move an inch I will knock your brains out"—my wife screamed from the window, threw down part of my clothes and I dressed partly, and said "Look here, old man; lama sergeant of police, I shall take you to Arbour Square, will you go quietly?"—he said "Yes," but on getting outside the door he said "You don't think I am going with you, do you?"—I said "Yes"—he said "I will die first"—we had a severe struggle; he struck me on my jaw and about my body; 382 H came to my assistance, and we all three went to the ground together—he said at the station "Do you call that a house? I call it an empty house, I could not find anything in it"—he could only have got in by the window; the front door was shut; he would have to raise the bottom sash; the shutters were fastened but the bolts were rather out of order, and by a little shaking you can get them open.
Cross-examined. I went to bed about 10.30; the top sash was then about an inch down—I could smell that he had been drinking, but he knew what he was about; he was very artful—I came down in my shirt; he said before the Magistrate "I made a mistake in the house for the house where I was living"—I heard the window open; he was admitted to bail.
The prisoner received a good character.
NOT GUILTY .
850. ANTHONY GREEN was again indicted for assaulting the police with intent to resist his lawful apprehension. Second Count for a common assault. He PLEADED GUILTY to the second count. — One Week's Imprisonment.
MR. A. METCATFE Prosecuted.
BENJAMIN TOPLEY . I am a labourer, of 3, King's Road, Tottenham—on August 7th, at 11.30 p. m., I was in Aldgate High Street and went up Black Horse Yard—the prisoner and two other men followed me; they all rushed on me at once and knocked me down, and one put his hand over my mouth; they broke my chain which was round my neck, and the key, seals, and coin came off; these are them (produced)—my watch was left in my pocket; they made my mouth bleed, knelt on me, and very much hurt my ribs—I received no blows, but in consequence of the violence I was too ill to attend at the police-court next morning—I am getting better now, but am suffering from palpitation of the heart; a policeman caught hold of the prisoner and took him off me; the others got away.
Cross-examined by the Prisoner. I was not the worse for liquor; I did not stagger against the wall or sit down on the ground; it was Bank Holiday.
ROBERT WILSON (Policeman 897).I saw Topley on the ground and three men leaving him; the prisoner was the last to leave him—I knew him before—he was leaning over Topley, who was bleeding from the mouth; the prisoner was very violent—I had to drag him through the crowd to the station; he refused to give his name and address till I found a document on him, and then he gave it—I charged him, and then went back to Black Horse Yard, and found on the ground these two keys gold seal, and a silver coin and a steel ring.
GUILTY of assault with intend to rob. He then
PLEADED GUILTY ** to a conviction at this Court in August, 1874 .—Twelve Months' Hard Labour.
THIRD COURT.—Thursday, September 14th, 1882.
Before Mr. Common Serjeant.
ALLEN JOHN HARRIS . I am an insurance agent, of SO, Norfolk Road, Essex Road, Islington—I produce certificate of a marriage at St. James's Church, Shoreditch, on 7th July, 1863, between Henry Bowra and Louisa Christina Dodd; also a certificate of marriage on 8th September, 1878, of Richard Oatridge Norris with Christina Louisa Dodd—I have examined these certificates, and found them correct—I do not know Mr. Bowra—I know Mr. Norris.
Cross-examined by MR. GEOGHEGAN. I was employed to get the certificates by the solicitor, Mr. Fenton—Norris told me he was living a very terrible life with the prisoner, and he wanted to be separated from her—I have heard that the cut on her nose was given by Norris.
on 7th July, 1863, at the marriage at St, James's Church, Shoreditch between my brother and the prisoner—my brother is still alive—I have not seen them together for years.
Cross-examined by MR. GEOGHEGAN. It might be eight or ten yean ago when I saw them together.
ISABELLA. CAMERON . I am married and reside at 29, Erl Street—I knew Henry Bowra and the prisoner when they lived together nine years ago this summer, at my house, 29, Erl Street—the prisoner left him living there—I think it was in 1873.
Cross-examined by MR. GEOGHEGAN. Mr. Bowra has lived with us about fourteen years—he is living with us now—I said at the police-court it was eight years ago, but I find it is nine years—they quarrelled—I saw no bruises on the prisoner—I believe Mr. Bowra struck her.
RICHARD OATRIDGE NORRIS . I am a joiner, of 17, Camberwell Road, Kingsland—on 8th September, 1878, I married the prisoner at St. Mark's Church, Old Street, in the name of Christina Louisa Dodd—I first learned that she was a married woman about twelve months after my marriage.
Cross-examined by MR. GEOGHEGAN. My friend Mr. Harris took upon himself to give information to the police—we talked about the matter—I did not give information, because I did not wish to indict the woman I was living with—Harris did it, because he knew the unhappy life I was living—I occupied the same apartments when my wife was arrested—I was not present at the arrest—I told the prisoner I did not know who gave the information—that was a lie—her black eye was caused by an accident—she was slightly intoxicated, and turned everything upside down—I was at the street door—I did not give her the black eye—I want to get rid of her for her conduct, I cannot live with her—I prosecute her because I want to leave her—I have not paid Harris for his services, and do not intend to pay him—I instructed Mr. Fenton—I knew the arrest was going to take place—I am not looking after another woman—I have been married and have had children—when I courted the prisoner she was living with a woman—she went by the name of Mrs. Hanson—I did not take her from another man, she came to me—Harris knew about it—I generally met him at a public-house, at Kingsland Gate—I told the prisoner Mr. Fulton would try and get her off—I gave instructions for him to speak on her behalf, so that she would not get punishment, I could not do more.
Cross-examined by MR. GEOGHEGAN. I was not friends with her husband, and know nothing of his affairs.
Cross-examined by MR. GEOGHEGAN. Going to the station she said, "I have left my husband twelve years; Norris knew I was married, but would have me marry him. I have not seen Bowra, only three times since I was married. Bowra was very unkind to me, half starved me. I was very young when he married me. "
GUILTY. The Jury strongly recommended her to mercy. — Four Days' Imprisonment.
MR. WILMOT Prosecuted; MR. GEOGHEGAN defended Thomas.
WILLIAM HARDING (City Detective). On 9th August I was watching Mr. Lilley's premises at 9, Lombard Street—he is a nautical instrument maker—I saw Knight leave the premises about 7 p. m.—I watched him for half an hour round the railway station in Fenchuch Street and about there—at 7.30 he returned to the warehouse, went in for a few minutes, and came out carrying these four compass bands—the people had left—I stopped him and told him I was a police-officer—I took him to the station—after he was charged he gave me certain information, in consequence of which I went to Thomas's house, in Sydney Street, Mile End, with another detective at 9 o'clock—Thomas is a marine store dealer—I said, "Mr. Thomas, we are police-officer a, I want to ask you a few questions. Have you lately bought any large quantity of old brass?"—he said, "No, I have not, I have bought a little broken brass, for which I paid 3 1/2 d.a lb. "—I said, "Will you let me see it, please?"—he said, "I have no brass here now"—I said, "Would you allow me to look over your shop?"—he said, "Yes, not to-night. I have no light, and I am not allowed to have a light by the insurance people; come in the morning, and then you shall search the place"—I said, "I had better do it now"—I sent for a light and got a candle and some matches, and we commenced to search the place—I pulled down a large pile of bundles of rags and rubbish from the back part of the shop; it was 12 feet high from the floor; under all this I found these two compass stands—I said to Thomas, "These are what I am looking for"—he said, "Oh, I re-member, I bought them of a seedy-looking man some time ago "—I said, "What did you pay for them?"—he said, "At the rate of 3 1/2 d. a lb. "—I said, "What did they weigh, and what was the amount that you paid for the whole lot?"—he said, "I do not know"—I said, "Don't you keep a register of the metals you buy?"—he said, "I have a book, but it is at home at my private house, and I do not think I have entered those"—I said, "Do you know a man named Knight?"—he said, "No "—I said, "A man, named Knight, I have in custody in the City for stealing brass; he will be charged with stealing these, and I shall charge you myself with receiving them well knowing they were stolen"—he said, "Very well"—on the way to the station he said, "I was not present when they were brought in; I suppose I am responsible for their being there?"—I took him to the Seething Lane Police-station—I had Knight brought out and he repeated the statement he made to me previously—I shewed him the two stands and he said, "They are the two I took to Mr. Thomas's last Saturday, for which he paid me 12s."—Thomas made no reply—they were both charged with stealing and receiving.
Cross-examined. Thomas's shop is very small, and there is scarcely room to move—there is no gas in the shop—there was nothing to lead me to believe he was a habitual receiver—it is about a quarter of a mile from the Thames Police-court—he has lived there fourteen years—he has borne a good character—I understood that 3 1/2 d. per lb. was as for old brass—I have heard Knight has been a ship's cook—at the police-court Knight said Thomas was innocent.
Street—Knight was my porter when he was apprehended—he had been with me since February—these compass stands are my property—they are worth about 7l.—Knight had no authority to dispose of them.
Cross-examined. There is iron as well as brass in the stands—the iron in them is worthless, except for the object for which it is made, or as old metal—if I sold the stands to a captain I should soil for 7l.; if they were new I should ask 2l. more.
Knight's Statement before the Magistrate. "Mr. Thomas is quite innocent. "
Witnesses for Thomas. WILLIAM KNIGHT (The Prisoner).I have pleaded guilty to this indictment—I have been cook on a steamer—on 9th August I went to Mr. Thomas's shop with a van—I told Mr. Thomas I bought the stands off a storekeeper on board a ship—he paid me 1l.3s. for the two stands. 3 1/2 d. a pound for the brass—I said at the police-court Thomas was quite innocent.
Cross-examined. I had known Thomas by sight for about a couple of months, not by name—I was never in his shop before I sold the stands—I did not say at the police-station "Those are the compasses, you gave me 12s. for them"—I was very much confused at the time—if the detective says so it is false—I do not know what I was going to do with the bands that I have pleaded guilty to stealing—I was under the influence of drink; drink has done it, and nothing else.
Cross-examined. I made no note—I know nothing about the orders at Scotland Yard—Knight was confused and excited—Thomas was confused—that is not unusual in an innocent man.
RICHARD THORNE . I am a zinc worker, and live in Sydney Street—I saw a man two years ago take a bag out of a van and go into Thomas's place and come out again with it—I went in and said, "How is it you did no business?"—he said he did not think it was right. Thomas received an excellent character.
THOMAS— NOT GUILIY. KNIGHT—GUILTY.— Fifteen Months' Hard Labour.
[For cases tried in the Old Court on Friday, see Kent and Surrey cases. ]
NEW COURT.—Friday, September 15th, 1882.
Before Mr. Recorder.
ALFRED BAKER . I am an auctioneer, of 2, Queen Victoria Street—on 22nd June the prisoner called and said, "I am the owner of Haisthorpe Hall, near Beverley, in Yorkshire, and with to sell it by auction, and if you will advance me 200l. I will place the sale of the estate in your hands; the title deeds are in the hands of my solicitor, Messrs. Leeman, of York"—I agreed to make the advance, subject to inquiries, and wrote this memorandum in his presence, from what he told me: "Haisthorpe Hall, Beverley, Yorks. Residence, garden, buildings, and land,
bringing 400l. a year"—I saw my solicitor, Mr. Kite, who arranged with the prisoner to pay 25l. for the legal costs, and they came to me together the next day, and I wrote this cheque on the London and Westminster Bank for 200l. in the prisoner's favour, and he endorsed it—it has been returned to me as paid—the prisoner then signed the letter (Dated 22nd June, 1882, acknowledging the receipt of 225l. to be charged with any other turn upon his property at Haisthorpe, which was free and unencumbered, and agreeing to repay the same at one month from date, with the usual power of tale, and agreeing that Mr. Baker should sell the property for him in one month)—he then signed this bill for 225l.—a statutory declaration was also produced, and dated the same day—the month expired, but I have never been a paid—my solicitor has endeavoured to get possession of the property, but it is claimed by the prisoner's father—I parted with my money on the faith of the prisoner's representations entirely.
Cross-examined. He was brought to my office by a man named Frazer, who is a tout, but not a money-lending tout that I know of; he looks out for properties to be sold, and has been to my office two or three times—I am not a money-lender, I did not ask for any interest, as I was to get my commission out of the sale—the 25l. was for expenses, and would not come to me at all—I heard nothing about Captain Boynton, the owner in possession—this letter says, "the deeds which are in the possession of Messrs. Leeman, of York, solicitors"—I am sure he said that they were his solicitors—I sent them a telegram the same day, to know if it was correct, and they replied to my solicitors on, I think, the same day we completed it—the money was not advanced till 23rd June, between three and four o'clock, so that I had twelve hours to make inquiries—all the details were conducted by my solicitors—the prisoner said that he was the owner of the estate, not the heir to it—about a week after the bill became due my solicitor recommended me to apply for a warrant, and he was taken about a month afterwards—the 25l. was for my solicitor to go to York and get the deeds from Messrs. Leeman, and then go on to Haisthorpe Hall—I have never lent money to the Hon. Mr. Chetwind, introduced by Frazer; I never heard of him.
Re-examined. I should not advance money to an heir when his father was in possession of the property, as until the father dies the heir cannot nave the title-deeds.
HENRY FREDERICK KITE . I am a solicitor, and act for Mr. Baker—I saw the prisoner on 23rd June, and told him he would have to make a statutory declaration that the property was unencumbered—I was in Mr. Baker's office on 23rd June, when the prisoner signed this letter—I drew this statutory declaration (Signed George H. Boynton, of Haisthorpe Hall, Beverley, stating that the title-deeds were free from any encumbrance)—be then signed this letter to Mr. Leeman: "23rd June. Dear Sir,—Please deliver to Mr. Henry F. Kite, solicitor, London, the title-deeds of Haisthorpe Hall, together with all letters and papers connected therewith now in your possession"—we agreed for 25l. for my expenses of going into Yorkshire and doing the business—I communicated with Messrs. Leeman, and they wrote that they had no deeds—I have never been able to obtain them, and I found that the prisoner's father is in possession of the estate.
Cross-examined. It was between 12 and 1 when the prisoner came on the 23rd, and the documents were executed about 3 o'clock—I knew afterwards
that Mr. Baker had telegraphed—our offices are in the same building—the prisoner was in my office, I think, twice—this letter says "the deeds are in possession of "—there was then a blank, in which is inserted "Messrs. Leeman, of York"—that is in my writing—there is no statement that Messrs. Leeman are the prisoner's solicitors; he told me they were—I heard Mr. Baker read it over to him—I might have read the letter to the prisoner, but not the statutory declaration—I did not go to York or to Haisthorpe Hall—when the warrant was applied for I had seen the prisoner's lather's solicitors, and ascertained that he was the eldest son—I heard from Messrs. Leeman two or three days after the money was lent—they never told me that they had ever acted for the owner of Haisthorpe Hall—my first interview with the prisoner's father's solicitor was a week or 10 days after the money was lent, and then I was not sure that Captain Boynton was in possession, as the property was called Haisthorpe Lodge and Haisthorpe Farm—I did not discover that it was Haisthorpe Hall till shortly before the proceedings; it took me nearly a month to satisfy myself—the 25l. was added to the bill, at my suggestion, for expenses; none of it was for interest—I did not wait till the bill was due to see whether it was paid or not before applying for a warrant—it was no question of the bill, not of its existence even—the prisoner did not ask me to take it up or to give him time after it became due; but a week after the advance he asked for a further loan of 500l.—he came to my office with his wife, and I asked him to explain the statement I had taken down—he said that Messrs. Leeman must have made a mistake; he offered a further security, which was an order of the Divorce Court, purporting to show that he was entitled to the reversion—it was a copy, and I have either got a copy of it in my office or the one he brought—it showed that he was entitled in reversion to the income of a fund payable to his mother during her life, and after her death to himself—I immediately instituted inquiries, and found he had parted with that reversion about 1872—I had not evidence enough to give him in custody, but I did not advance him any more money—I asked him for an explanation—he said he was going to Haisthorpe in a few days, and in the meantime would I look at the papers he brought—I don't think I saw him again till he was in custody—I saw Johnson, Upton, and Co., Captain Boynton's solicitors, six or seven times before the bill became due, and my agents in the country communicated with the country solicitor, as I wanted to discover who was in possession—after the prisoner had got the cheque I sent a boy after him, asking him to return, but he went to the bank first and got the cheque—he then came back, and we had a long conversation as to the best mode of selling the property—this document (the authority to hand over the deeds) was not signed till after the money was obtained.
Re-examined. After the cheque was obtained I thought it necessary to get the title-deeds from Leeman—after he returned from the hank the subject of our conversation was whether the auction should take place in the country or in town—after receiving Messrs. Leeman's letter, stating that they had not the title-deeds, I asked the prisoner how it was that they had not got them; he said he was going down and would inquire about it.
JOSEPH AGAR . I have been managing clerk to Leeman and Co., solicitors, of York, for 15 years—they have never been the prisoner a solicitors, nor have they any of the title-deeds of Haisthorpe Hall—they
were applied to, and sent this letter to Mr. Kite—the prisoner's father is not a client of the firm.
Cross-examined. I have been with Messrs. Leeman 30 years, but I do not know that Mr. Leeman, sen., deceased, was a great friend of Sir Henry Boynton, the owner of Haisthorpe Hall; it may have been so, but we have not acted for the family while I have been there.
CHARLES GEORGE BISHOP . I am clerk to Johnson, Upton, and Co., solicitors for Lady Boynton, of the East Riding—I produce a settlement dated 30th March, 1871, of the farm, &c, at Haisthorpe by Dame Mary Boynton on herself and her son George Ebblethwaite Luton Boynton, Esq., the prisoner's father, and his wife and issue—my firm represents the trustees under that settlement.
Cross-examined. I do not know whether we communicated with Mr. Site, as Mr. Upton is away—there has been litigation in the House of Lords.
GEORGE EBBLETHWAITE LUTON BOYNTON . I live at Haisthorpe Hall, Burton Agnes, Yorkshire—that is not near Beverley; it is 20 miles off—the prisoner is my son by a former marriage—I was divorced in 1858; and some property was settled on her and the prisoner—he had a reversionary interest in it—I married again in 1860, and have a daughter by my second marriage—in March, 1871, my mother, Lady Boynton, settled the property at Haisthorpe on me and my issue—I never acquired any interest it till 1871—my mother died four years ago, but I was in possession of the property years before that, and I became entitled to it on her death, with the reversion to my daughter—I do not suppose the prisoner ever had an interest in the property—I have not seen much of him for the it 25 years—I never authorised him to obtain this money.
Cross-examined. I received a letter, telling me there was a bill lying at. Baker and Sons which would fall due to morrow, and they wished it taken up—it was directed to Beverley instead of to Burton-Agnes—it was, I think, a printed form—I replied I had no bill out and could not understand it—the prisoner is my only son—he was not born at Haisthorpe Hall, but he lived there for a few months—he was born in London—I did not live chiefly in London, as I went out to the Crimea in 1858—the divorce was by my wife—I asked my solicitor the meaning of this letter—he said nothing to me about having been written to before the bill became due—Sir Henry Boynton never lived at the Hall—Captain Stephens lived there before me—I did not know old Mr. Leeman, but my father did—I never communicated the terms of the settlement to my son.
Re-examined. He is now 31, I think—Messrs. Leeman have never acted for me—I do not know whether they have for my mother.
Cross-examined. It was not read over to him by me, or in my presence—I do not think I saw him sign it, or any of the documents—I think he signed them before he went to the Commissioner, but it was only down stairs.
Boynton; he said "Yes"—I said "I hold a warrant for your apprehension"—he asked me if it was in the matter of Baker; I said "Yes"—hesaid "I gave a hill for the amount."
HENRY FREDERICK KITE (Re-examined).I produce the Order of Court (This teat dated 22nd April, 1861,ordering the dividends accruing on the marriage settlement to be paid to Elizabeth Laura Boynton, and after her death to G. H. L. Boynton, the only issue of the marriage.
GUILTY. —Judgment respited.
857. CHARLES TRAVIS (26), JACQUE JENNY (25) and WILHELM JENNY (20) , Burglariously breaking and entering the dwelling. house of Francesco Barral, and stealing 10 bottles of wine, a teapot, and other articles, to which WILHELM JENNY PLEADED GUILTY.— Four Months' Hard Labour.
MR. POYNTER Prosecuted; MR. GILL Defended.
CHARLOTTE BARRAL . My husband keeps a restaurant at 258, Upper Street, Islington—Wilhelm Jenny was our kitchen porter—Jacque used to come there to see him—on 26th July, about 5.30 a.m., the police called me up, and I found the back staircase window broken open—I afterwards identified 10 bottles of wine, a teapot, and other property.
Cross-examined. Travis is a German-Swiss—he used to come to see Wilhelm—Wilhelm was not leaving that night—he had only been there a week—he had no boxes—he had no quarrel with my husband.
PATRICK KEANE (Policeman Y R 44). On 26th July, a little before 2 a.m., I was on duty, and saw Jacque standing at the corner of Station Road—I passed him, met another constable, came back, and followed Jacque and Travis, who was carrying two portmanteaus, a walking stick, an umbrella, and a waterproof; and Jacque had a basket on his shoulder and a small bag in his hand—he had nothing when I first saw him—I said "Where did you get those things from?"—Travis said "They belong to me"—I said "Where did you get them?"—he said "From a friend"—I said "Where does your friend live?"—he said "Me no comprehend English"—I took them in custody—Mrs. Barral identified the contents of the portmanteau and the greatcoat, stick, and umbrella—I had examined the shutters of Barral's back kitchen at fire that morning—I afterwards found that the screws had been taken out and the shutters forced from inside.
Cross-examined. From letters found on Travis, he has not been long in London—he used the words "These things belong to me," but I have not heard him speak English since.
WILLIAM OXLEY (Policeman G 67). On 26th July, at 4.45, I was on duty in Finsbury Pavement, and saw Wilhelm carrying something under his coat—I said "What have you got?"—he said "Nothing," but I found a teapot and a bottle of wine—he said he got them from a friend—the prosecutor identified them—I took him to 80, Clifton Street, Finsbury, they did not know him there, and then to Tabernacle Walk, and they did not know him there—he only went there to his meals.
Cross-examined. It was a quarter-past five when I got him to the station.
GIOVANNI GIANT. I am a waiter at the prosecutor's restaurant-at 12.30 a.m. on 26th July I closed the premises, and fastened the stair-case window with a screw and shutters—Wilhelm Jenny slept on the
premises—I saw him go up to his room—I was the last to turn the gas off.
CHARLES TRAVIS and JACQUE JENNY— NOT GUILTY .
MR. GILL Prosecuted; MR. MONTAGU WILLIAMS Defended.
SAMUEL LYTHELL (City Detective Sergeant).I have seen the prisoners together at the European, opposite the Mansion House, and at the Red lion public-house—on 17th August I was watching the prosecutor's premises with Latter, and saw Schmitz leave and go into the Five Bells at the corner of Union Street—he had something bulky in his pocket—we went into another compartment—Hunter was in the same compartment as Schmitz—they had some ale which Hunter paid for—Schmitz took a small parcel from his right-hand coat pocket and handed it to Hunter, who put it into his coat pocket, and took some money from his trousers pocket—we then went round into their compartment, and as we vent in I saw Hunter give something to Schmitz—I caught hold of both their hands, and said to Hunter "Give it to me"—there was a slight struggle, and he put it in his left coat pocket—I put my hand in and took out 1l. 10s. 6d. in gold and silver, and from another pocket this parcel of nitrate of silver wrapped in newspaper—I said "We are police officers, and shall take you both in custody, and charge you with stealing this," speaking to Schmitz, "And you with receiving it knowing it to be stolen, speaking to Hunter—Hunter said "What stuff, he has only given it to me to hold"—Hunter said at the station "We were joking; I was only settling with him about a horse race"—he gave his address 31, Foster Street, Shepherd's Walk—I went there and found 29 bottles of drugs (produced).
Cross-examined. They are such goods as would be kept by druggists, drysalters, and importers of essential oils—I saw a quantity of invoices relating to drugs from different persons.
SCHMITZ received a good character.
GUILTY — Eighteen Months' Hard Labour.
HUNTER— GUILTY . (It was stated that he had been discharged for dishonesty from fire or six employers, and was a receiver of stolen drugs) .—Seven Years' Penal Servitude.
MESSRS. POLAND and WILLIAMS Prosecuted; MR. LOUIS and MR. WILDEY WRIGHT defended Marsh.
CHARLES SCOFIELD . I am a cabinet maker, of 33, Twin Street, Bethnal Green—on the 10th May Klenck came and ordered two cheffoniers and six easy chairs—I gave him this billhead of mine, on which he wrote: "Frank Dixon, Furniture removed, &c, taking all risks;" he asked me to send the things to Basingstoke—I asked him about the cash, he said
that he paid on delivery when he received the goods, and would send a cheque by return of post—I afterwards went to Basingstoke and saw a furniture shop there; my goods were in the window and Klenck was in the window arranging a carpet—I waited at the door for a minute and saw Marsh come out—I asked if Mr. Dixon was in, he said "No"—I said "I don't think I shall go out of this town to-night"—he said" If you call again he may be in"—I said "I will call again"—I went again two or three days after, waited about the town, and sat the prisoners with a cart going to the house—I ran and caught Dixon, he said "Go back to my lodging, I shall be back in twenty minutes"—I went there and waited all night, but he never returned—I have never been paid; the goods were worth 12l. 9s.
Cross-examined by MR. WILDEY WRIGHT. I am not certain as to Marsh, because I did not take much notice of him—I have never said till to-day that he was with the cart—I do not know that he is Klenck's clerk.
JOSEPH SAUNDERS . I am a box maker, of 3, Colewood Street, Bethnal Green—in the beginning of May there were some goods outside my house, and Marsh came and said "Are the goods for sale?"—I said "Yes"—he ordered four sets of boxes at 14s. a set; 16 boxes—I Mid "They will be ready in a few days"—he handed me the card "Frank Dixon, house furnisher, New Street, Basingstoke"—I then showed him a black set at 30s.—he said "Can you send me two of these down with the other goods?"—I said "Yes; I have always been in the habit of having payment before goods are sent"—he said "We never do that; on the goods being sent we forward a cheque next morning"—I sent the goods and received this letter: "Dear Sir—Painted boxes are not jet arrived, suppose same are delayed on railway; we want them particularly, on receipt of which will send cheque for whole amount, Frank Dixon"—I sent them and wrote three times for the money, but never got it; about three weeks afterwards I went to Basingstoke and found the place shut up.
Cross-examined by MR. WILDEY WRIGHT. I have never had a doubt that it was Marsh who gave the order—I saw him with four or five men, but could not pick him out, but I had never been in such a place before—I was not told what I was to go there for—I have no doubt about him now.
WILLIAM ALFRED SWANN . I am a box and portmanteau-maker, of 21, Waterloo Bridge Road—on 15th May the two prisoners came, and Klenck gave me the card "Prank Dixon, &c," and ordered two sets of boxes at 37s. a set, three Gladstone bags, two brief bags, and an American cloth bag; they consulted together about the bags; Klenck said "What are your terms?"—I said "Cash on delivery"—he said "Very well, send the goods down and I will send you a cheque by return"—he asked for discount, I said "I can't give any discount, if I do I must put some on first"—Marsh said "Supposing you were to give us 20 per cent, how much should you put on?"—I said "Four shillings in the pound"—I sent them down on 22nd May but got no cheque, and on 30th May (Whit Tuesday) I went to New Street, Basingstoke, and found the shop shut up—I could not find the prisoners or the goods—I lost my expenses of going down and the goods and packages.
Cross-examined by Klenck. The order was completed; you said that it was an old firm, and that Marsh was your manager.
WILLIAM MOSES . I am a carpet dealer, of 54, Baker's Bow—in May last Klenck came to me and gave his name Frank Dixon, and gave me this card; he said that he wanted a dozen secondhand Brussels carpets sent to Basingstoke—I told him he might depend upon half a dozens and a dozen if I could spare them—he asked if could give him 5 per cent, cash down—I said "No "—I sent him down eight carpets worth 7l. 15s., with an invoice directed F. Dixon, Basingstoke, for 7l. 15s.; he never paid and I never saw him again.
Cross-examined by Klenck. I asked the station-master to send me the 7l. 15s.—I did not tell him not to deliver the goods without the money, bat I asked him to receive it.
GEORGE FREEMAN DUNN . I am a draper, of London Street, Basing-stoke—Klenck called on me and asked if I had some premises to let in New Street; to the best of my belief it was May 15th; he said his name was Dixon, a furniture dealer, of Chelsea, and I agreed to let him my shop for 45l.; he gave me two references which I found satisfactory, and gave up the shop to him—I found ten days afterwards that he had gone without notice, leaving a few boxes, but paying no rent—I thought the references were genuine.
Cross-examined by Klenck. I let you the premises for 12 months, the rent to be paid quarterly—there was no rent due when you left—you gave me no notice.
JESSE COOPER . I am a carman in the service of the London and South-western Railway at Basingstoke—on 18th May I fetched from the station eight packages of boxes from Saunders, and a bale of carpets from Moses—I delivered them at Dixon's in New Street—Marsh signed the book H. Brad fort—on 23rd May I delivered to Marsh at Dixon's I eight packages of boxes from Swann—Marsh signed my book H. Brad-fort.
Cross-examined by MR. WRIGHT. I was not able to swear to Marsh, but I have no doubt now he is the man.
RICHARD HOLDER . I keep the Three Tuns at Basingstoke—on 18th May Klenck called on me—he said his name was Dixon, and he wanted my pony to take some boxes to Walton, a village six miles off—I lent him the pony and van—they were drawn up at his door, and I saw some trunks loaded on it—Marsh brought it back empty—I asked him how he got on—be said he had cleared out, and he could have sold more if he had had them—on the 23rd they had a van and pair of ponies, and I saw the van loaded with trunks and other things—Marsh brought it back—I went to their place next day and found it closed—I have never been paid.
Cross-examined by Klenck. You asked me to present my bill in the morning, and when I did so you were gone.
Cross-examined by MR. WRIGHT. I looked on Klenck as the principal, and Marsh as his man.
JOSEPH CUSHION . I am a cabinet maker, of Thomas Street, Brick Lane—on 15th June Marsh came and said "I am going to start in business at Chertsey"—I had a glass of ale and a cigar, and that is all I got—he ordered some tables, boxes, chairs, etc.—he said his name was Benson, and handed me this memorandum: "From H. Benson, Guilford Street, Chertsey; furniture removed in town or country"—he mentioned Arrowsmith, whom I knew as a furniture dealer; ordered goods, value
5l. 12s. 6d., to be sent to Chertsey, and said he would send a cheque for them—I sent a portion of them, and received this postcard: "Shall be in London Monday next, and will call on you respecting the completion of order and other goods. Yours truly, H. Benson"—I never got my money—I went to Chertsey, and they smiled at me for being such a fool.
Cross-examined by Klench. I have had cheques of you for goods before.
Cross-examined by MR. WRIGHT. Marsh said nothing about his master.
CHARLES SMITH . I live at Brewery House, Chertsey—on 8th June the prisoners came and lodged at my house—Klenck gave his name as Benson, a furniture dealer, of 152, Waterloo Road—Marsh gave no name—Klenck said he had taken a house of Mr. Arrowsmith, a neighbour of mine, and was going to open a furniture shop, and wanted my lodgings for a month—they slept there that night, occupying the same room-they did not return the next night, but returned on Saturday, the 10th, and said they were going to Portsmouth—on Thursday, 15th, they came and remained all night, and next day they told me they had not succeeded in taking the shop of Mr. Arrowsmith, and hired a storeroom of me at 18 shillings a month—I fetched two loads of furniture for Klenck from the railway station that day, boxes and other things—they both received it, and gave me the money to pay the carriage to the station-the goods were put into my storeroom, and an hour after they were put into Preston's van—the prisoners told me they were coming back to dinner—I saw them going along the road with the furniture—they did not return—they never paid me—Marsh never mentioned his name.
Cross-examined by MR. WRIGHT. I regarded Klenck as the principal and Marsh as the clerk.
Cross-examined by Klenck. I saw you at the station, but not with Marsh.
WILLIAM COLLINS , I am a cabinet maker, of 41, Hoxton Square—on 4th or 5th July Klenck came and gave me this card: "T. Bond, house furniture and general dealer"—he selected six couches and six chairs—I told him my terms were cash before delivery—he asked mo to send the goods and he would send a cheque—I said I would not—he pressed me to send part, and said he would send a cheque for the full amount—I sent the six chairs, but never received the cheque—I received information, went to Romsey, near Southampton, and found my chairs there and the two prisoners—as soon as I caught hold of Klenck Marsh ran away, but was taken 200 yards off.
Cross-examined by Klenck. I never saw you before—you did not say that you would remit the money as early as convenient on the completion of the order—you wrote the order on the back of this card, and put your initials "T. B. "
JOSEPH GERVAIN . I am a floorcloth manufacturer, of 32, Bloomfield Row, Bow—on 6th July Marsh came and selected four rolls of floorcloth, value 15l.; he gave me this card, "T. Bond, house furnisher;" he said I was to put on the card, "L. and S.W.R., 'B' in a diamond;" he said be would pay when the goods were sent for, he had been so much swindled by a lot of cabinetmakers that he would not pay till he got the goods,
and would then send a cheque—I sent the goods on 10th July, and then got this post-card:"Guildford, Tuesday morning. Sir—Have you any strong covering, about half a yard wide, in oak? if so, kindly furnish three pieces in narrow patterns to match goods. T. Bond"—I did not send them, but on 12th July I wrote for my cheque, and the letter came back through the dead letter office; I then went to Guildford, but could not find Mr. Bond or his shop—I have not got my goods back.
Cross-examined by Klenck. I have supplied you with goods for several years—you always paid promptly.
WILLIAM TURNPENNY . I am a cabinetmaker, of Brunswick Street—on 6th July Marsh came and gave me this card: "T. Bond,5 and 6 Commercial Road, Guildford"——heselected goods value 36l.—I said my terms were cash—he said he had been so robbed he had made up his mind not to pay cash again—he told me to send about 6l. 16s. worth on 8th July, and then I should receive a cheque for the full amount—I never received it; I got a post-card instead—on 12th July I went to Guildford, and found mat 5 and 6 Commercial Road was a coachsmith's; I could not find Bond there, but I followed my goods to Southampton—then went to Romsey, and found Collier's goods there—the prisoners rove up in a cart, and I apprehended them.
Cross-examined by Klenck. I knew you years ago, and if you had come to my place I would not have trusted you—I have received cheques from you for goods, but it was before I sent them away—I found the cheques right.
HENRY MITCHELL . I am clerk to Chaplin and Home, at Guildford—on 10th July some packages of goods came, consigned to "T. Bond, 5 and 6, Commercial Road, Guildford"—I sent them there, and they were brought back—I sent them again, and they were taken in—the prisoners came to the station next day, and Marsh asked me if I had any floorcloth for Bond; I said, "Yes"—he paid for the carriage, signed "T. Bond," and took it away—a day or two after some furniture came, and I received this letter: "Kindly forward goods which came for Bond, marked 'B' in a diamond, to Mr. Watkins, Romsey Station, all charges to be paid at the other end. T. Bond"—I forwarded them to Romsey.
Cross-examined by Klenck. I pointed out Marsh the first time I went to the police-court, and you the second time.
ANNA ADSETT . I am housekeeper to Mr. Kellow, a coachbuilder, of 5, Commercial Road, Guildford; he has a lodger named Bond—on 12th July some goods were brought from the railway for a Mr. Bond, and I would not take them in, but they were brought back and left there; the prisoners called the same day; Klenck produced a card and said that the furniture had been left there by mistake, and could I recommend him a carrier to take it away, as he had been disappointed in taking premises—I did not do so, but they afterwards took it away.
Cross-examined by Klenck Mr. McDonald had a shop to let opposite our house—you gave him a false reference.
JAMES ANKERS . I am a carman, of 22, Chapel Street, Guildford—on 10th July the prisoners came and said they wanted some goods removed from 5, Commercial Road—I took my cart there, and Marsh helped me to load it—Klenck was not there then, but he came up after it was loaded and gave me this consignment note: "From T. Bond, London, to T. Bond, Southampton Station"—I 'took the load by his order to
Godalming Station, and left it there, to be forwarded to Southampton—there were six packages—the two prisoners called next day, and told me to go to the station and fetch some oilcloth and take it to Woking Station—they gave me a consignment note to the same address at Southampton—they returned next day, and told me the furniture had not arrived, and they should want me late in the day—they gave no name—they did not pay me.
Cross-examined by Klenck. I did not present the bill for payment, as I did not know where you had gone to.
RICHARD REVILL (Police Sergeant). On 15th July I found Klenck in custody of the local police at Romsey—they handed me, in his presence, as found on him, 8l. 4s. 9d. and these cards: 'Henry Horace Benton, furniture dealer"—that was the name he gave down there—I went to the reference he gave, "18, Walworth Road;" it is a baker's—he gave the name of Klenck.
Klenck produced a written defence, stating that he had no intention it defraud, and would have paid the money had he been able; and that he had been in a lunatic asylum.
Marsh received a good character.
GUILTY. MARSH— Eighteen Months' Hard Labour. KLENCK*— Five Years' Penal Servitude.
THIRD COURT.—Friday, September 15th, 1882,
Before Mr. Common Serjeant.
MR. HEWICK Prosecuted.
ELIZA MILLS . I am prisoner's wife—he is a plasterer—we live at 9, Rutland Street, Brompton—we have been married thirteen years, and have two children—on 17th August, about 4 p.m., he came home intoxicated and excited—he said, "Will you give me some money for some beer?"—I said,"I have none, I want to go down and do my work"—he said, "You won't go out of the room"—we only occupy one room—he pushed me on the bed at once, locked the door, got a table-knife, and stabbed me as fast as he could—I received two large stabs in my left arm and on the fore finger of my left hand, and a large cut across the back of the right hand—I put up my hands to protect myself, when my little finger was nearly cut off, and received a cut on the fore finger of the right hand and one on the thumb—when he locked the door he said, "You do not go out of here, I'll settle you"—I screamed—my little boy, ten years old, got between us, and pulled him off me—the prisoner is rather strange, especially when he has had some drink; when he is drunk he does not know what he is after—he ill-treated me two years ago, when he said he would kill me with his large hammer, and he beat me—he cut his own throat with a pen-knife—I have suffered considerable pain—I went to Dr. Rentzsch—the prisoner had his coat off—I could not say when ho took it off.
Cross-examined by the Prisoner. I believe you were suffering from delirium tremens—you had not slept much for the last fortnight—we had no quarrel the day before this happened—you were in and out two or three times during the afternoon.
WALTER BRIDGMAN (Policeman 79 B). On 17th August, about 4.45 p.m., I was called to No. 9, Rutland Street, Brompton, by some boys—I went to the first floor front room, which was the room occupied by the prisoner and his wife—Eliza Mills was leaning against the door-post in an exhausted condition—blood was running down her hand from her left arm and off the little finger—the prisoner was in his shirt-sleeves—he had blood-marks on his hands and face—he said "I done it, and am very sorry"—I said "Where is the knife?"—he said "I don't know"—I took him to the station—he was not drunk; he had been drinking—he knew what he was about, but he was excited—I returned to search the house—I found this knife (produced) in the cupboard, with blood-marks on the handle and on the blade—the cupboard was not locked; the door was on the jar.
Cross-examined by the Prisoner. You were not bleeding from the nose, nor scratched in the face—I did not stay while you washed your face and hands.
ALFRED CHARLES MILLS . I am 10 years old—the prisoner and Eliza Mills are my father and mother—I live with them in Rutland Street—on 17th August I was in the room having my dinner; mother was hanging the clothes on the line—father knocked mother on the bed—he said he would settle her, and took up this knife off the table, and stabbed her—I pulled him off the bed—I said "Leave off," und my mother went to the window and put her hands out, and then the policeman came up—I gave an alarm; my mother screamed too—before the policeman came up my father washed my mother's arms; he asked her to forgive him.
GEORGE HENRY RENTZSCH . I am a surgeon and district medical officer of Chelsea, and live at 5, Leader Street—on 17th August I was called to the police-station in the afternoon—I saw Eliza Mills, and examined her wounds—I found one wound on the right hand of three inches—the tip of the little finger was severed, a wound on the thumb, and also a cut on the forefinger; on the left arm a wound about four inches long, but not penetrating very deeply; also a trifling cut on the finger of the left hand, all incised wounds—the wounds on the right hand penetrated to the bone, and bent the point of the knife; it was just over the arteries—this knife would inflict such a wound—considerable force must have been used—she had lost a considerable quantity of blood—she is now under treatment—she was very feeble from loss of blood—I have dressed the wounds myself.
Cross-examined by the Prisoner. The wounds would take longer to heal in a woman who drinks, and there would be danger of erysipelas.
By the COURT. I saw no symptoms of erysipelas about her—the wounds healed from the first, and are doing well.
The Prisoner's Statement before the Magistrate. "I have nothing to say, only that I was mad. No witness. I should like to call my eldest boy at the trial. "
The Prisoners Defence. I was suffering from delirium tremens. I had no food for a fortnight, nor sleep, as my wife knows. I knew nothing of the occurrence till I found myself covered with blood; then I came to
myself, and I knew something was wrong. I do not know where I was all the afternoon.
GUILTY of unlawfully wounding. — Eighteen Months' Hard Labour.
MR. GRENFIELD Prosecuted.
FREDERICK JACOB . I am in partnership with Mr. Oliver, as beer importers, of 20, High Holborn—the prisoner was employed since 1st June to make sales on a commission of 71/2 per cent., and a bonus of two guineas where our machine was put on for our lager beer—he had no direct authority to receive money on our account, but was not forbidden—our customer, Mr. Kraul, was indebted to us 2l. 7s. on 1st July last—I new received this cheque for the 2l. 7s. from the prisoner—the endorsement is not mine; I never authorised any one to endorse it—I know the prisoner's writing: I believe it to be his—he wrote me on 11th July—I have given the letter up to the solicitor—I did not see him on the 11th—I next saw him at the police-court—he left the office before the end of July—I cannot say how long before.
Cross-examined by the Prisoner. I did not agree to pay you a bonus where an engine was already fixed in the house of a customer—I have not my contract with you—Mr. Kraul, not you, first advised me of the payment of 2l. 7s.—I sent his account in on 11th or 12th June—you were arrested at the address you gave—I did not give you time to pay—I called upon you a day or two before applying for a warrant—I inquired of Mr. Ayres, and found you were working for another concern—I took steps to get you arrested after I heard you had served your former employer in the same way—I sent you to collect an amount at the Sadler's Wells Theatre, because I heard the man was going away (A letter urn read dated 21st July, 1882, from Jacob and Go. to the prisoner, stating they I tad received Mr. Kraul's cheque endorsed, but not by them; and two letters, dated 22nd July, 1882, and 26th July, 1882, pressing the prisoner to com and give explanation of his accounts, were read at his request.)
AUGUSTE KRAUL . I am the proprietor of [the London Oil Works, White Post Lane, Hackney—I paid this cheque to the prisoner on 12th July—it is dated 1st July—I said "I suppose you want the money?"—he said no, he did not come for the money—I said "I had better pay you at once."
Cross-examined by the Prisoner. You asked for an open cheque—I said "If I make the cheque open I shall make it to order"—I scratched out "Bearer," and wrote "Order"—a month after the cheque was paid I received a statement from Jacob and Co., which I returned with this cheque.
JAMES SCANDISH (Detective E).I arrested the prisoner on 15th August at his address—I read the warrant to him—he said "I admit forging the cheque; I had no intention of defrauding Mr. Jacob; I intended paying Mr. Jacob what I owed him"—I took him to the station.
Cross-examined by the Prisoner. I am sure you used the word "forge"—I used the same expression in my deposition at the police-court (Extract
from deposition read: "I admit writing my name on the cheque, but I had no intent to defraud him; I intended to pay him all I owe. ")
The Prisoner's Statement before the Magistrate. "I signed the cheque, and am very sorry for it. I used most of the money in the interest of the prosecutors, in expenses in going to a great many places for them. I can refund the money. "
The prisoner made the same defence, adding that he advised the firm of the cheque three or four days after he received it; that his travelling expenses were 1l. a week, which left him only 10s. a week to live on; that he had no-intention of defrauding Mr. Jacob, and it was not till it was found that he worked for another firm, who offered him a salary, that he was prosecuted, and by his agreement money was due to him.
NOT GUILTY .
MR. HOFFMEISTER Prosecuted.
JAMES JOSEPH HART . I live at 310, Gray's Inn Road—I have a shop at 4, Cromer Street, where my mother Ellen Hart lives—about 3.30 a. m. on 4th August I was called by the police—in consequence of what they said I went to the shop in Cromer Street—I found the police had the prisoner in charge—the bar of the shop had been sprung, and the shutters pulled on one side—the shop is open fronted—I missed 18lb. of bacon, value 10s., 24lb. of cheese, value 10s., and some butter bad been shifted to near where the hole in the shutters was—the prisoner was under the counter, covered in sawdust—I had shut up the shop the previous night about 10 o'clock—I saw all was secure.
WILLIAM SMELL (Policeman G 138). On 4th August I was on duty in Cromer Street about 3 a.m.—I passed this shop—it was safe—about half an hour after Mirams made a communication to me, and I went with him to the prosecutor's in the Gray's Inn Road, got the keys, and went into the shop—I found the prisoner lying underneath the counter—he was sober—I said, "What are you doing here?"—he said, "I am looking after the shop," and "I saw the shutters removed on one side, and got in the shop"—there is no glass in the front of the shop—I took him to the station and charged him—I found these two latch keys—one would open almost any door; it is like a skeleton key—I examined the shop front—the bar had been sprung and the shutters removed on one side—the prisoner was not asleep, he was looking at me.
EDWARD MIRAMS (Policeman G 82). On 4th August I was on duty in Cromer Street, Gray's Inn Road, about 3.15—I saw two men standing at the corner about thirty or forty yards from No. 4—I passed them and went along the Gray's Inn Road towards King's Cross—I came back in 5 or 10 minutes—the men had disappeared—I saw the shutter of No. 4, Cromer Street was moved on one side—I waited for Snell, and we called the prosecutor—we obtained the keys and went into the shop, Snell going to the back and I to the front—I heard Snell say, "Here he is"—the prisoner was under the counter at the back of the shop—he is not one of the two men I saw—about a quarter of an hour elapsed from the time I saw the two men till we got into the house.
GUILTY .— Twelve Months' Hard Labour.
863. GEORGE PARRY (45) , Breaking and entering the dwelling house of Charles Perring, and stealing two clocks and other goods, his property, and a portmanteau and other things, the property of William Condon.
MR. POPE Prosecuted.
MARY WHELPTON . I am housemaid to the Rev. Charles Perring, at 19, Devonshire Place—I went to bed on 25th August about 9.40—all the doors were locked but one—about 1 I heard a noise from the back of the house—I was sleeping in the front room on the third floor—I was next aroused between 3 and 4, and again about 4. 45—I went to the other housemaid—we went down to the second floor—I found the drawing-room door open—looking over the stairs I saw a man run quickly from the front of the house to the back in his shirt-sleeves—I called out "There is a man in the house, shoot him," and we called for help out of the window—I could see no one at the back—then we went to the top and called a policeman who was in front of the house—he went to the back, and we came down and let him in at the front door—he searched the house, and found things had been disturbed and the drawers opened—a lot of things were packed by the front door.
GEORGE JONES (Policeman D 172). At 5 a.m. on the 26th of August I heard cries of "Police!" and went to 19, Devonshire Place—I was let in, and went down into the kitchen—I saw the prisoner—he ran out into the yard—I followed him—he leaped over the wall towards No. 8—I followed him—I cried out for assistance—the coachman of No. 12 came up—I said, "He is a thief, stop him"—I lost the prisoner when he entered the garden of No. 8—I saw the butler, who opened the back door of No. 8 and let me in, and I proceeded to the hall—I next saw the prisoner in Blake's custody—he is the same man I saw at No. 19.
LIONEL EARDLEY BLAKE . I am a civil engineer, of 8, Devonshire Place—about 4.30 a.m. on August 26th I was aroused by some shouting at the back—I looked out, and saw Jones in the garden of No. 11 putting a ladder against a wall, and the coachman was on a parapet—the prisoner put a ladder against the wall between 8 and 9, and got over the wall and jumped on to the leads of No. 8; then he went towards the stables and got down an area, which is about 12 feet deep, to let light into the offices—the policeman shouted to me—I was in my nightgown—I put on my slippers—I awoke the butler, the footman was awake—I next saw the prisoner standing in a doorway in the area—I ran down the basement—just before I took the prisoner I heard him say "I am done, I give in," or words to that effect—he had his coat on—I undid the back door—the coachman from No. 12 was let in, and watched the prisoner while I hailed a policeman who was coming over the walls—I put the prisoner on a chair.
Cross-examined by the Prisoner. You were nine gardens off No. 19 when I first saw you, the policeman about seven gardens, and the coach-man 11 or 12—you did not ask me to take care of you so that the constable should not knock you about, or throw something at you—you asked me to let you off.
August I was awoke by ray dog about 3 o'clock—I looked out of the window—I heard somebody run across the gravel in the garden, and I saw a policeman—he shouted to me—he was at No. 13—he got into No. 12—I dressed, came down, and got on the coping at the back of No. 12—I saw the prisoner getting out of No. 11 into No. 10 and into No. 9—I went for a constable—I did not find one—I saw Mr. Blake looking out of the window—I went to No. 8 when the gentleman beckoned to me—I saw the prisoner sitting in a chair in the hall—I took charge of him while Mr. Blake sent for a policeman—I have no doubt he is the same man I saw get over the walls—he had his coat on.
Cross-examined by the Prisoner. I saw no man in his shirt-sleeves besides myself.
WILLIAM CONDON . I am butler to Mr. Perring—I was away with him at the time of the robbery—I came to London on the 27th August, when I heard of the burglary—I saw several articles in the possession of the police—the clothing was mine—I saw two of the clocks belonging to Mr. Perring in the front hall—one clock had been in the drawing-room, and this ivory dog and this pair of candlesticks, and several other articles which were packed in this case, which is the clock-stand inverted—the cigars in the portmanteau are my master's—here are three pairs of trousers, four vests, one scarf, and a pair of socks.
Cross-examined by the Prisoner. I was shown two coats and hats which did not belong to me.
THOMAS CLOAKE (Police Sergeant D).I went to 19 and 20, Devonshire Place on 26th August, about 6 a.m.—I examined the premises, and found an entry had been effected by climbing some scaffolding and getting over the wall of No. 20 into 19, opening a skylight window of the kitchen, which was insecurely fastened, and forcing open the kitchen door with these instruments, which were found by a constable in the kitchen—I found this coat and a pair of boots in the butler's room, which are not owned by anybody in the house—the articles in the portmanteau were packed up, and were found near the front door—this jemmy corresponds with marks on the door—I have examined the adjacent premises—the distance is 75 feet from the main road and the garden-wall of No. 19, and from No. 19 to where the prisoner was caught is 280 feet—there are 11 walls, including Nos. 19 and 8, from 5 to 6 feet in height—the end wall in the Marylebone Road is 8 feet 3.
The Prisoner's Statement before the Magistrate."I was passing there about 5 o'clock, when I heard screams of females. I thought there was fire or something. I got over the walls of two gardens. The screams had then left off. I stood there five or six minutes to see if I could see any reflection of fire, or hear any more screams. I heard no noise, and was making my way back when I saw a constable and a man in his shirt-sleeves. The constable called to the man to take hold of me, and the constable threw his cape at me. I dropped down on the other side and got into the gentleman's area, and waited there till he came and opened the door, and took me into his home. The constable came and took me into custody. He never took me back to the house, though I cannot say which house it was where the robbery was committed. He took me straight from the gentleman's house to the station. I believe it was the garden where the groom came out of or the next one. The constable was in one garden and the groom in another when I saw
them. The gentleman was looking out of his bedroom window right opposite. "
The prisoner repeated the game defence, adding that he was going to Covent Garden Market, and that the constable told a falsehood in saying that he saw him come out of the garden.
GUILTY .— Twelve Months' Hard Labour.
MR. HOFFMEISTER Prosecuted.
THOMAS PHILIP BENNETT . I am an engineer, of 167, Kingsland Road—on 26th August I was aroused about 4.30 a.m., and in con-sequence of what was said to me I went to my warehouse—a pane of glass was broken, and a thumb-screw undone that fastened the window up—the window had been opened—inside a desk had been broken open, and books, papers, and drawing instruments were strewn about the floors—three bottles of wine were packed—nothing was missed—we heard our mastiff dog between 1 and 2 a. m.—I found the dog lying dead in the kennel—it had been poisoned—my house joins the warehouse by an outside wall which fences the premises—there is a covered way—I closed the counting-house the night before, and all was safely left, the papers being in the drawers—this is the desk which was broken into (produced)—the marks of a jemmy are on it.
Cross-examined by the Prisoner. The boy that sleeps in my house first called me up—about six people sleep there—I did not receive a telegram that morning informing me my house had been broken into.
FRANCIS HENRY DOWSE .I live at 2, Lower George Street, Hoxton—I am stoker, and look after the engine at Mr. Bennett's—I went to work on 26th August about 4.20 a.m.—I heard the wicket-gate latch draw back—that was about six yards from the inside entrance by which I entered—the prisoner and another rushed out—I pursued them, shouting out for the police—I followed them 400 or 500 yards in a circuitous route, and then Mr. Green and a constable pursued them in Gifford Street—when I got back I found our mastiff had been poisoned—the prisoner was brought back 10 minutes afterwards—I saw his face when he came out of the wicket-gate, and am confident he is one of the two men.
Cross-examined by the Prisoner. You both nearly fell in your hurry to get out—I said at the police-court that this socket (produced) looked like one of our tools, but I did not observe it is a double-edged one—we have since found that the dog was not poisoned—I should be surprised if it died a natural death—I left it perfectly well.
JOHN GREEN . I live at 7, Hare Walk, Kingsland Road—I am carman to the prosecutor—about 4 a. m. on 26th August Dowse called me—I went down—I saw two men turning out of Hare Walk in Gifford Street—I asked Dowse what was the matter—he said "Run, Jack"—I followed the men down Wilk's Place, and the man not in custody threw these three short wedges from his pocket—I continued to follow them across Hoxton Down and Becker's Walk into John's Road, into Bucknell Street, Neal Street, and Helmore Street, where I saw a constable, who captured the prisoner in New North Road—I saw no other people about—I kept the men in sight till they turned the corner—I was from 5 to 10 yards behind them—the prisoner was out of breath when taken.
HENRY SHEPPARD (Policeman G 455).I saw Green chasing the prisoner and another man 30 yards behind him—he called to me to stop them, and I ran after the prisoner and brought him back—the other man went in a different direction up Wenlock Street—I took the prisoner to the prosecutor's place—this socket was picked up in Hare Court—the jemmy is fixed into it—I examined the premises—the door had been broken open—the safe was tampered with—there are three marks of the wedges on the safe, which was iron and built in the wall—it had not been opened—the papers and books were scattered about—the prisoner was running when I caught him—he had no overcoat—no other people were about.
MR. SAUNDERS Prosecuted; MR. GEOGHEGAN defended Prowse, and MR. THORNE COLE defended Brennan.
ROBERT HENRY JONES . I am a watchmaker, of 51, Willier Street, Clerkenwell—on 12th August I was walking in the Goswell Road about 12.30, from the Angel towards my home; at the corner of Brewer Street I saw five or six men standing on the pavement; Prowse was one; they circled round me; when I was within a few feet of thorn one of them caught hold of my elbows behind—I turned my head and saw Brennan; he said "Now then"—then one in front laid hold of me by the collar, and pressed his knuckles into my throat—I was then partially stupefied, but sufficiently conscious to know I was being robbed—I felt a tug at my watch; I tried to call out but could not articulate a sound—Brennan used a slang term, which I forget, in telling them to have my diamond ring—I recognised his voice, as I have heard him speak since; when they let me go I saw three running away—Brennan and Prowse were two—I followed them; they took a turning to the left into Brewer Street—I lost them; I spoke to a constable in Rawstorne Street; he took me to Willier Street—I saw a sergeant and went to the police-station—I missed my watch, chain, and diamond ring, value 40l.—I afterwards identified Prowse from eight or ten men—I gave a description of the prisoners to the police.
Cross-examined by MR. GEOGHEGAN. I had been to the Debating Society at the Peacock; Prowse may have been one of the two that ran the other way; I know lie was there and did go away; there might have been seven men who surrounded me—Prowse was one of those who surrounded me and intercepted my passage.
Cross-examined by MR. COLE.I had been at the Peacock since 2 o'clock—their surrounding me caused me to notice their faces—I found afterwards my face had been blackened; something was put over my face so that I could not see or call out; another man was taken whom I failed to identify; I said "I think I have seen his face before"—he was not one the police had brought; they did not explain to me who he was.
WALTER EASTON (Policeman G 344). On 12th August last I was on duty in the Goswell Road about 12.30—I saw five or six men at the corner of Rawstorne Street—I saw the prisoners; they walked away—I was with the sergeant when Prowse was apprehended; he said he did
not know anything about it—I apprehended Brennan with Sergeant Maroney; he said he knew nothing about it.
Cross-examined by MR. COLE. The prosecutor communicated with me before Brennan was taken—I was not present when one named Launders was taken into custody; eight persons were got from the street when Brennan was identified—I do not know where he put himself; he did not say to me "You know where I was placed and have gone to fetch the prosecutor in"—the inspector, a reserve man, and I were present.
STEPHEN MERRONY (Detective 6).I apprehended Prowse at John Street, Clerkenwell, on Wednesday, 16th August, about 9.30—I had received a description of him from Easton—I told him the charge; he said "I do not know anything about it"—I apprehended Brennan on Wednesday, 2nd August, about 7.30 a.m.—I told him the charge; he said "I can bring a dozen people to prove where I was"—he asked me my name and I told him; he then said "I know who has told you, Master Dick"—I said "You have made a great mistake"—he replied "Oh, very well"—I took him to the station.
Cross-examined. I am attached to the Old Street Station—I had charge of this case—I do not know anything of a man being taken on suspicion.
GUILTY . PROWSE— Three Months' Hard Labour. BRENNAN**— Fifteen Months' Hard labour.
FOURTH COURT.—Friday, September 15th, 1882.
Before Robert Malcolm Kerr, Esq.
MR. BESLEY Prosecuted.
JOHN ALFRED ALEXANDER . I keep the Duke's Head, Richmond—I cashed five cheques for the prisoner; one on the 29th May for 3l., one on June 14th 2l. 10s., one on June 20th 3l., and one on June 27th for 5l.—I paid them away to my brewers and others; they came back to me with the words "Refer to drawer" on them—I have never had the money—on the 21st July the prisoner gave me a cheque for 14l., when I told him of the previous cheques not being paid—he said "I have brought you up a cheque in liquidation of the other four"—I said "That is 14l., and they come to 13l. 10s., "and he said "That is for your inconvenience, it does not matter"—I showed it to my brother, and he said "This is dated for the 24th, and it is now the 21st"—I went to see him, and he said "I have dated it Monday because I shall be paying in some money then, and I suppose you will not pay it in till Tuesday"—I said "Very good"—the cheque was returned on the 27th July marked "N.S. "—I told the prisoner of it and he said he was very sorry, but he was expecting some money, and had got into a regular money hobbie, but he would give it me as soon as possible; he came to my house as usual—I got no money on account of this cheque.
Cross-examined by the Prisoner. I had changed two or three cheque for you previously, and got the money for them—I kept the first cheque you gave me perhaps a little over three weeks, and the second one dated June the 14th I kept till June the 27th, and one was kept from the 29th
May till the 20th June; that was mislaid—I do not know that you expressed astonishment to me that the cheques were not paid in before, and I do not know if they had been that they would have been paid—I asked for the money four or five times—on the 31st July I wrote you a letter to this effect: "Sir—In consideration of your saying you are in a hobble in money matters I do not wish to be hard with you, and we are willing to take the sum of 14l. by weekly payments, two at 5l. and one at 4l., but must have the first weekly payment on the 2nd August"—I sent that down before you went to town, and you came in to me on Monday evening and said "I am much obliged to you for your kindness and consideration; I can manage beautifully if you make it Thursday instead of Tuesday"—I said "That is another delay"—I commenced an action on the 4th August in the County Court against you for the money under the Bills of Exchange Act—I did not entertain the idea of your obtaining the money by false pretences—I am here as a witness on behalf of Mr. Grammer—I appeared at the police-court about this first; Inspector Morgan came down and played at billiards at my house for some hours I believe—I do no think he played at billiards that evening, but he was looking on—I believe he served a summons on you personally—when you gave me the 14l. cheque you said "If I give you a cheque for 14l. you will let me have them back"—I said "Certainly, you had better take these other four"—you said "This evening will do, or I shall be late for my train."
Re-examined. I have never had a farthing in respect of the cheques.
THOMAS GRAMMER . I keep the Prince of Wales Hotel at Paddington, which is close to Messrs. Gabriel the dentists', 35, Bishop's Road—on the afternoon of the 7th August I was in the coffee room when the defendant came in and said "You do not know who I am"—I said "No, I do not"—he said "I am manager to Messrs. Gabriel" and handed me this card (produced); it had his name and address on the back; he said That is my address, I am manager to Messrs. Gabriel"—he said he wanted change for this cheque (produced), and added "I do not want it now, if you will give me a part of it I will call to-morrow for the balance"—I let him have 5l. and took the cheque—I believed he was the manager to Messrs. Gabriel, and knowing the firm I believed it to be a good cheque; next day I passed the cheque through my bankers and I made inquiry at Messrs. Gabriel's—the same afternoon the cheque was returned marked "N.S."—on the evening of the 10th the prisoner was in the coffee room busying himself with some papers which he brought; he said "I wish you would give me the balance of that cheque"—I said "It is unusual for us to change cheques except for tradespeople; are you really the manager to Messrs. Gabriel, and is this cheque a good one?"—I had previously heard it was not—he said he was the manager and the cheque was a good one, and he made an appointment to see to my teeth at the same time—I said "If you come in to-morrow at 12 I will give you the balance of the cheque," and no sooner said than done, be went off like a shot, and I never saw him afterwards.
Cross-examined. I have known you for six or nine months as a casual customer—I did not see you almost every day—I thought you were a clerk on the railway—you appeared at the police-court on the summons—from what you told me I felt certain you were at Gabriel's—I was at Brighton the week before—very likely at the Lewes Races—I do not know whether I saw you there—I sent to Gabriel on the following morning,
and found you had been dismissed—the cheque was returned the same afternoon—I stated that I thought of going to Gabriel to have my teeth seen to—you did not ask me to let you do them, as if I went without your introduction you would get nothing—you said they would be about 14l., but you could get them done for less—I happened unfortunately to have 5l. in my pocket or you would have only had 1l.—if the cheque had been passed through the bank in the ordinary way it would not have got into the West London and Commercial Bank until Thursday morning—I have never given a crossed cheque and had to pay in money after to meet it.
THOMAS JONES . I am in the service of Messrs. Gabriel, Dentists, of Ludgate Hill, and 35, Bishop's Road—the prisoner was employed in Bishop's Road, as assistant—three days prior to the 28th July it was a matter of discussion as to his leaving, and on the 28th he was paid the amount of this receipt in my presence: "Received this 28th day of July, 1882, 5l. in settlement of all demands. J. Somerset Tibbs"—it was origin-ally dated the 27th, but was altered afterwards—the prisoner was never in their service after that—this card is one of Mr. Gabriel's cards, which he had no right to have in his possession on the 7th August.
Cross-examined. A cheque for 5l. was paid you, and 2l. 12s. was paid you on the Saturday as well, for weekly salary—there was nobody else at Bishop's Road but you—you managed the practice there in the absence of Messrs. Gabriel—Mr. Gabriel gave you this letter. (Read: "July 27th. Dear Sir,—At your request I have pleasure in stating that while conducting the above practice you have given every satisfaction as an operator," &c.)—Mr. Gabriel is not very precise as to dates.
Re-examined. The prisoner had no right on the 7th August to say he was manager at Messrs Gabriel's.
EVAN WILLIAMS . I am a member of the firm of Coke and Williams, 16, Bishop's Road, Paddington—on the 27th July I received this cheque from the prisoner (produced)—he said would I change that cheque, it would accommodate him much, as he was some distance from the Bank, and he would bring me the money the following morning—this was about 12 at noon—I gave him the full amount of the cheque, 5l., believing it to be a good one—he did not come the next morning—he came a day or two after to inquire about the cheque, and I told him he had not kept his appointment, and that I kept it for a day or two and passed it away, and it Had returned dishonoured to me on August 4th—it was returned with the words "Refer to drawer" on it—on the 4th August I went down to Richmond to see if I could see him, but could not do so—I have not had any of the money back.
Cross-examined. I had known you eight or nine months before you brought me the cheque—I knew you were assistant to Gabriel, in Bishop's Road—my place is about 100 yards from Gabriel—I did not say I could not change the cheque as I had no banking account—I told you I objected to change it for you, and I changed it on the understanding that you would bring the cash for it the following morning, and it was agreed that I should not part with the cheque till then—you called once after, when I had not parted with the cheque—I kept it that you should turn up—I have no banking account—after I heard Mr. Grammer's summons was served on you I called there and saw somebody who told me you were out—I said unless the 5l. were paid I should take proceedings—I knew you were being prosecuted then—I should not have cashed it for you if I had known you had left Gabriel.
CHARLES HAMILTON . I am an assistant to Thomas Francis Jones, of 18, George Street, fishmonger and poulterer—on 9th August the prisoner came to my masters shop—I thought he was Mr. Thomas—he chose a fowl, and produced this cheque, drawn in favour of J. Thomas—he asked me to send up change for the cheque with the fowl, deducting the money for the fowl, which I did, believing it to be a good cheque—it was returned on the 14th, marked "N.S."—I went to the prisoner's house, and left a message—I next saw him at Clark's, the butcher—Mr. Clark told me that the prisoner said the cheque for 5l. 7s. 3d. was paid, and I said it was not so—the prisoner was then given into custody—he said he had been expecting 100l., and thought he would have paid it into the bank, to meet the other cheques—he told me at the police-station I need not be afraid—I believe Mr. Clark had shown him a telegram previously—the telegram said "Cheque remitted will be returned unpaid?'—he could not account for it.
Cross-examined. At the police-station they would not take the charge—my remedy was in the County Court.
THOMAS JONES (Re-examined).I know the prisoners handwriting—I do not recognise the endorsement on this cheque—the signature to these cheques of August 8th and August 17th are in the prisoner's hand-writing.
JAMES JOHN DANAWAY . I am an officer in the West London Commercial Bank, Limited, 34, Sloane Square—I produce a copy of an entry in the ledger referring to the prisoner's account—the extract begins on 1st January, 1882, with a balance of credit of 2l. 8s. 3d.—on January 4th 2l. 8s. was taken out, and 3d. balance remained—on 22nd January 8l. was paid in, and on the 30th January 6l. was taken out—on 1st February 2l. was taken out, leaving the balance again at 3d.—on 3rd February the balance being 3d. it remained so till 16th June, when 10l. 10s. was paid in, making the credit balance 10l. 10s. 3d.—on 21st June 5l. was drawn out, and on 27th June another 5l.—after that there was never a larger sum there to deal with than 10s. 3d.—our charges of 2s. 6d. reduced it to 7s. 9d.—the 7s. 9d. was carried to "unclaimed balance, "when the account was closed—with regard to the cheques marked "Refer to drawer, "or" N.S.," there was not sufficient at the bank to meet them when presented.
Cross-examined. I produce your pass-book—your account will have been opened two years next March, just before I went to the bank—I do not know of any complaint at the bank or inquiries about your account—I do not know of any letter ever being sent by the bank complaining of any irregularity in your account; if it had been I should have known it—I think you overdrew your account to the extent of 4s. 2d.—I do not know of Mr. Landers, the late manager, allowing you to overdraw it to the extent of 15l.—he left the bank before the June balance—he had been there many years—the signature-book would show whether it was through his recommendation that you came to our bank.
The prisoner in his defence handed in his pass-book and cheque-books to show that he had kept a bonâfide account at the bank since 1878. He stated that he was expecting a large sum of money from a Mr. Todd, of 3, Amen Corner; in respect of a receiving interest; but having been in prison for some weeks ht had not been in a position to gathers evidence, and if he had been proceeded
against in the ordinary way for the recovery of the money it would have been paid.
GUILTY. Judgment respited, in order that inquiries might be made respecting the prisoner's statement as to the money he expected from Mr. Todd.
EDWARD THOMAS ROBERT BRITTON . I am signal inspector on the Great Northern Line, and live at 170, York Road, Islington—shortly after 12p.m on the 5th August I was returning home—I had got out of an omnibus at South Kensington, and was going up York Road—when about 70 or 80 yards up the road somebody came on one side of me—I stepped on one side, and the same party came in front of me and made a snatch at my watch, and I received a blow at the back of my head, and I do not recollect anything else until I saw Ryan in custody—I did not see the face of the other prisoner until he was at the police-station—the chain of my watch was broken—I have part of it here—I identify it as my watch.
Cross-examined by MR. COLE. I received a blow, and was thrown on my right side—I was not in a fit state to be at the police-court, because my head was in a bad state, and I had to go to the doctor's after, and I do not recollectly exactly what transpired there.
THOMAS GREEN . I am an engineer, of 18, Caledonian Street, King's Cross—I was going up the York Road when the prosecutor was walking about 20 yards in front of me—I saw three or four others, and I saw him all of a sudden knocked down—I picked him up and shouted out "Police," and they were pursued, and Ryan was caught—I identified Ryan when he was brought to the police-station—the other prisoner I can't speak to.
JAMES FAIRWEATHER . I am a potman at the Queen's Arms, Caledonian Street, Islington—I was in the York Road at the time in question when I saw the prosecutor—I saw Ryan and Sullivan hit him in the back of the head, and Ryan snatched at his watch—I believe Ryan struck him with his fist—I have frequently seen Sullivan round the Cross—Ryan was in front of the prosecutor and the other one behind him.
Cross-examined by MR. COLE. I did not hear the last witness give his evidence at the police-court—I know him by his living opposite the Queen's Arms—after Ryan was taken I saw Sullivan following him—they went to the Clerkenwell Green Police-station—the last witness did not make a communication to me as to Sullivan—Mr. Green pointed the other prisoner out, and as soon as the policeman caught him, I said "That is the one. "
JOHN DOGGETT (Policeman G 319). Shortly after 12 on the night in question I was on duty at the corner of Caledonian Street when I heard a sound of something struck—I turned round, and saw a man falling and two men running away—I gave chase, and shouted "Stop thief"—when Ryan was stopped by G 190 I came up, and saw him take a watch from his hand—as I took him to the station I saw Sullivan following in the crowd, and I thought he answered the description of the other man I saw running away—I had seen them five minutes before—I told him I should
take him to the station on suspicion of stealing a watch—he said "You have made a mistake this time, old man."
Cross-examined by MR. COLE. The sound of the blow came from about 30 yards off from where I was—I then turned round, and saw two men in the York Road running towards me—Ryan ran up York Road, and was caught in Albion Street—I do not know Sullivan, I know Ryan.
Re-examined. I can't recognise Sullivan by his features; he appeared to be the man—he was with Ryan five minutes previous to the robbery.
FREDERICK SMITH (Policeman G 190). My attention was called on the night in question by cries of "Stop thief"—I saw two men running towards me—Ryan in front about 15 yards ahead of the other one—I seized hold of Ryan, and took this watch out of his hand—the other one turned and ran back down another street—I next saw him on the way to the police-station.
Cross-examined by MR. COLE. There were a good many people crying out "Stop thief"—it was about 12.20, shortly after the closing of the public-houses—several people came up afterwards—it is about 400 yards from where I seized Ryan to the public-house at the corner—I did not see what became of Sullivan until near King's Cross Road station, when I saw the constable take him into custody.
Ryan's Statement before the Magistrate."I was walking down York Road at the time stated, when I saw the prosecutor intoxicated, standing against a wall. Three other men came up walking arm-in-arm, and shoved against a gentleman, and one was fighting with him; one of them walked away from the other two, and one of the two would not let him go, and the other man put a watch in my hand, and told me to run, and then the prosecutor shouted out he had been robbed, and I ran off. "
Sullivan says: I am not the man; it is a mistake about me.
Ryan says: Sullivan is not the man.
Sullivan received a good character.
SULLIVAN— NOT GUILTY .
RYAN— GUILTY .— Eighteen Months' Hard labour.
MR. NORTH Prosecuted.
JOHN NELSON I am a sailor, living at the Merchants' Boarding House, St. George's Street—I was standing at my door on 11th September, when the prisoner came up—he looked at me, and said, "Come and have a drink"—I said, "No thank you, I don't drink anything"—he hit me, and pulled my watch clean out of my pocket—I snatched at the watch, and put it in my pocket—he stepped back, and came up again and gave me another punch in my side—I said I would give him in charge, and I went to put my coat on, and gave him in charge—I am sure he is the man.
Cross-examined by the Prisoner. You went towards the "Kettledrum"—I snatched the watch clean away from you—you did not tear my pocket, or break anything belonging to the watch.
a piece for a penny, and he went out and was talking to the prosecutor, and I saw him give him a shove—the prosecutor walked back to my door, and when he was on the door-step he gave him another hit in the side—the prisoner ran away, and the prosecutor came in and put his coat on and went after him and gave him in charge.
HERBERT BRYNE (Policeman H 175). The prisoner was given into my custody—he said, "God blind me! I did not do it; you have made a mistake"—on the way to the station he said, "What am I lagged for?" I told him, and he said, "I suppose I shall have to do it"—he was not drunk, but had been drinking.
The prisoner in his defence stated that he slipped upon some potato peel on the pavement, which caused him to fall back, and his arm caught the prosecutor; that he begged his pardon, and before he spoke another word the prosecutor struck him, and caught hold of him by his ears and stuck his nails into him, and tore his coat.
NOT GUILTY .
CHARLES REDGRAVE . I am a chaser, of 1, Denmark Street, Soho—on Saturday evening, 12th August, I was walking in Stacey Street, when four men came up to me; one of them went behind me and one caught hold of me by the chin, and another caught hold of my watch, and I was thrown—when I went home I changed my suit and put on a high hat and went to a constable, and said, "I have been robbed"—I went with the constable, and in Lloyd's Court we saw four men under a lamp post—I saw Sullivan amongst them, and I asked him to give me my watch, and he gave it to me—he closed with the constable, and we were both assaulted—the others escaped—a portion of the chain was left—I next saw M. Carthy at Bow Street—I identify him by his red handkerchief—I thought he was going to kick me, but he kicked the constable—I can't speak to him as being one of those who robbed me.
Cross-examined. I had been to a party about 200 yards off, and I walked home—I did not call in anywhere—I threw the party who had me at the back, by putting my leg behind him—I remember seeing somebody with a red scarf—I picked out the wrong man at Bow Street.
ALBERT EYRE (Policeman E 234). The prosecutor spoke to me on the night in question, and I accompanied him, and we came up with four men in Lloyd's Court standing under a lamp—two of them are the prisoners—the prosecutor said to him "You have got my watch; hand it over, "and Sullivan gave it to him directly—I apprehended them directly after—the men set on to me, and rescued Sullivan from my custody—I recognise McCarthy as one who kicked me when I was on the ground.
Cross-examined. Lloyd's Court runs into Stacey Street—it was a fine night, but had been raining.
WILLIAM ROBERTS (Policeman E 442).I received information of this robbery at 1.30—I saw Sullivan in Stacey Street about an hour after the robbery—I told him I should take him on suspicion of assaulting a con-stable and stealing a watch—I took him to Bow Street Police-station—I had received a description of Sullivan—he said "I am the man"—I found on him this piece of chain (produced).
Cross-examined. The prosecutor gave me a description of the man who committed the robbery—he described his clothes and his features—he had no red handkerchief.
M'CARTHY— NOT GUILTY SULUVAN— GUILTY . He
PLEADED GUILTY to a conviction of felony at Clerkenwell Green in September, 1879.— Two Years' Hard Labour.
MR. MITCHELL Prosecuted.
JAKE MANSELL . I am the wife of William Mansell, of Queen's Place—on the 19th July the prisoner called upon me respecting a bedroom I had to let—I showed it to him, and he approved of it, and wished to come in the same evening—I prepared the room for him, and he came about 10—I handed him his candle, and was going upstairs with him, and he said he would not trouble me—he returned in about three minutes, saying he had forgotten to post a letter, and said he would be back in a few minutes—he never returned—I have a room adjoining which is let to another lodger, and when he came down to breakfast his watch was gone—on the 8th August I accidentally met the prisoner in Holborn, and I taxed him with stealing the watch—he said he had never seen me before—I said I was positive—he ran away, and I chased him—some one stopped him, and gave him in charge of a policeman.
Cross-examined by the Prisoner. You stayed about three minutes upstairs—I heard you come down, and I came up to see what you required—I gave you a stamp—I never mentioned anything about the rent when I met you—I taxed you with stealing the watch.
ALFRED HOCKADAY (Policeman E 440).I was on duty in High Holborn about noon on the 8th August—I heard a cry of "Stop thief," and I saw the prisoner running towards Oxford Street—the last witness afterwards came up—he was charged, and I took him—he said "It is all a hoax; Iran away, thinking they were having a lark"—the last witness said at the station if the pawn-ticket were forthcoming she would not go farther—the prisoner said if he were let go he would produce the ticket, and that it was pawned in a back turning in the Strand.
Cross-examined. I went to Mr. Croft, in Catherine Street, and found it pawned there in the name of Irvine.
Re-examined. He said he had pawned it, but he did not have the ticket with him.
WILLIAM MERRITT . I am assistant to Mr. Croft, pawnbroker, in Catherine Street, Strand—I wrote a ticket for a watch, which the prisoner pledged for 17s.—it was redeemed on the 27th July—I identify the prisoner as having pledged it.
Cross-examined. It was a silver watch—I remember you pawned it on the 20th July—I showed the watch to my principal, as you asked me to lend you 25s. on it, and he said he would lend you 15s. first and then afterwards 17s.—the watch was not worth more than 2l. to 2l. 10s.
The prisoner in his defence said it was his own watch that he pledged; but he took the bedroom on his coming up from Hastings; that he went out to post a letter and called in at a public-house to have a glass of ale, and stopped there playing billiards till 12.30, and not liking to go back so late he took a bedroom at a coffee-house, and next morning went to a friend's, On the 8th or 9th Mrs. Mansell met him in Holborn, and said "You are the man who took lodgings at my house and did not come back again "At first lie did not recognise her, and site said "If you do not give me 11s. for my rent for keeping the room for you I shall not let you go till you do. "That she held him by the arm, and he shook her off and walked away; that At followed him, and finding it was causing a crowd, he turned round and stopped, and then she said" You took a watch out of my bedroom. "A policeman came up and took him to the station, and from that time to now she had not been able to produce the man whose watch she said he had taken and that he gave every information.
NOT GUILTY .
MR. MITCHELL Prosecuted.
JACOB LEWIS . I am a clerk in the West African Civil Service, of 18, Montague Street, Russell Square—on the 22nd July I was lodging at 40, Grafton Street, Fitzroy Square—I went out at 11 o'clock and returned about 2, and then I took off my morning coat and put on a small coat, and then went to the drawing-room—I returned to my own room again about 6 o'clock and found that my coat was not there—it was worth about 1l. 6s. 9d.
Cross-examined by the Prisoner. I did not close my door when I came down—it was in a room adjoining one into which the landlady told me you were introduced—it was just 6 o'clock when I missed my coat.
ANN THORPE . I am the wife of Edward Thorpe, of 40, Grafton Street, Fitzroy Square—on the 22nd July, between 4.30 and 6, the prisoner came to my house wanting lodgings—I showed him a room on the top floor, the same floor the last witness lived on—I found a gentleman in one of the rooms I went in—I left the prisoner on the landing for a few minutes—the room occupied by the last witness is a back room—the prisoner partly engaged the room and said he would come back again between 8 and 9 o'clock—he did not come back—the last witness came down and said he could not find his coat—there had been no one else on the landing that day to my knowledge—I always answer the door myself—I keep the door locked—I did not see any coat about the prisoner.
Cross-examined. I went upstairs with you—I left you on the mat—I knocked at the door and spoke to a gentleman inside, asking if he had any objection to your seeing the room, and he walked out—you had your hat in your hand coming downstairs when I let you out—you stayed talking with me on the doorstep for a long time, and you agreed to come back at 8 or 9 o'clock if you felt satisfied with the room, which would be unoccupied on the following Tuesday.
NOT GUILTY .
MR. MITCHELL Prosecuted.
ELIZA CARTER . I am the wife of Frederick Herbert Carter, of 44, Stanley Street, Westminster Bridge Road—the prisoner came to my house on the 25th July, at about 5.30, wanting lodgings—he settled on a room on the second floor—he said he would come again to see another young man who
was to share the room—he called again at 8.15; I asked him to come in and wait—he asked to be allowed to wash, and I took him up to the room again with a light—he came down in a few moments afterwards and went out, and said he would come in again about 10—I thought he looked much stouter when he went out—I went upstairs after he left and found the cupboard, which I had previously closed, wide open, and a coat and vest were gone—the prisoner did not return.
Cross-examined by the Prisoner. You did not decline the lodgings—the coat and vest hung on the cupboard door, and I buttoned it—I cannot say whether you left the lighted candle upstairs—I am satisfied the coat and vest were in the cupboard, and I am positive I shut the door—I gave information to the police the same evening—I have no servant in the house and nobody else opens the door.
The prisoner in his defence said that the case was got up by the police.
GUILTY .— Twelve Months' Hard Labour.
OLD COURT.—Saturday, September 16th, 1882.
Before Mr. Justice Day.
MESSRS. POYNTER and W. J. RAYMOND Prosecuted; MESSSRS. KEITH FRITH and BLACKWELL Defended.
NOT GUILTY . There was another indictment for an indecent assault; no evidence was offered. NOT GUILTY .
MR. ROUMIEU Prosecuted.
STEWART ANDREWS (Policeman K 283). About 12.30 on the morning of the 25th July I was called by a boy to go to 38, Macklin Street—I saw the prisoner standing outside his house—I took him inside with me, and found this knife among some old boots lying in the window; there was blood on it—I asked him how it came on it; he said "That is the knife that did it, but she did it herself"—I found the wife had been taken to the London Hospital, and I took the prisoner to the station and charged him.
Cross-examined by the Prisoner. You did not give me the knife—I found it myself.
STEPHEN HERBERT APPLEFORD . I am house surgeon at the London Hospital; Ann Bishop was brought there on the morning of July 25th, suffering from a clean cut incised wound on the left side of the neck, at the lower part, about two inches in length; it was superficial in most of its extent, but went to a depth of half an inch in its deepest part; she left the hospital on 1st August; it is nothing serious, and she is not being attended to now—this knife (produced) might have caused the wound; it might have been self-inflicted—I cannot say it is more likely to have been inflicted by anybody else than by herself; it is just possible, but hardly probable, that the wound was self-inflicted; it is so low down.
Cross-examined. She was only six days in the hospital—I can't say if she is right or left handed.
By the COURT. The wound was in a dangerous neighbourhood, butno
important structures were divided; the deepest part of the wound was in the middle, but the muscle is more prominent there, which would account for it—I cannot say absolutely whether the woman was under the influence of drink—I think not.
ANN BISHOP . I am the prisoner's wife, and live at 38, Macklin Street Mile End—on the evening of 24th July I came home about 12.30; my husband was standing against the window; he had been violently drinking in the week, and does not know what he is doing when he gets a drop of drink, because he is a madman—I did not see him do anything, but when I turned round I felt something stick in my neck—I laid my baby down and went over the road, and a young lady led me to the doctor at the comer of the Burdett Road; that is my knife.
Cross-examined by the Prisoner. We had no high words—I had been having a little drop of ale with my lodger.
Prisoner's Statement before the Magistrate. I took the knife away from her; she had it up to her own throat—I said to her "You are drunk;" she said "Am I?" and seized the knife; I seized it from her; she then no out.
The prisoner in his defence said that he accused her of being drunk; she snatched up the knife which was before her to throw at him, when he caught her elbow to prevent her, and the knife cut her neck.
NOT GUILTY .
MR. GEOGHEGAN Prosecuted; MESSRS. KEITH FRITH and BLACKWELL Defended.
The Jury being unable to agree were discharged without a verdict.
NEW COURT.—Saturday, September 16th, 1882.
Before Mr. Recorder.
MR. BEARD Prosecuted; MR. COLE Defended.
CHARLOTTE ZERFASS . I live with my parents, at 75, Kingsland Road—on 15th August, at a quarter to 12, I was in Commercial Street, Bishops-gate, going home; the prisoner came behind me, took me by my throat and tore my locket and chain away—the chain was round my neck; they were worth 3l.—he then took my earrings from my ears and ran away; I ran after him calling "Police," but two men stopped me—a policeman came and I went to the station; my throat was hurt—I have been under medical treatment; I was in bed four days, and am not well yet—on 1st September I picked the prisoner out from several others at the police-station; I am sure he is the man—I have had three or four fits through his violence.
Cross-examined. I was alone when I went to the station—I was not told where the prisoner was placed—I was asked whether I knew anybody there and I pointed him out.
ARTHUR THOMAS BRUCE . On 15th August, at a quarter to 11 p. m., I was is the Commercial Road, and saw the prisoner holding the young woman's neck—he took something out of his pocket, cut something off her neck, and ran away; she ran after him and screamed—I saw a hit of a chain and a locket attached in his hand; two men stopped her—I followed him round two streets, he stopped by a lamp post, I stared at him, and he stared at me—I am certain he is the man—I went to the police-station as fast as I could for a policeman, who was very slow in coming, or he might have caught him—I picked him out at the station on the 31st, and am certain he is the man.
Cross-examined. Several people were standing at their doors, but they took no notice—I did not cry out, because I thought I might get a tap on the head—five or six persons were put in a row when I picked him out.
Re-examined. I did not call "Stop thief," because I wanted a chance of looking at his face.
Cross-examined. That was more than a fortnight after the robbery—I put several persons in a row in the charge room—I did not ask the prosecutrix if she could identify anybody.
Re-examined. The boy Bruce identified him the day before.
WILLIAM BELAND . I am a journeyman, of 90, Austin Street—on Sunday, 27th August, at 5 p. m., I went to a lodging-house in Lower Kate Street, Spitalfields; as soon as I got into the kitchen the prisoner put his arm round my neck and his knee in the middle of my back, very much hurting me, and took from my trousers pocket nine sovereigns and a chain—I resisted as well as I could—a number of men and women were there, but they did not interfere—I got out of the house and the prisoner followed me to Commercial Street—I said, "Give me back my chain, I do not expect to get my money "—he threatened me, but I forget what he said; I was within a yard of him, I saw no policeman—I was much hurt, and went home—I saw him the next day in a beer-house, but did not speak to him—I went to the station on the Tuesday and gave information, and on Thursday I went there again and picked him out from several other men—I am sure he is the man.
Cross-examined. I don't know the sign of the house I saw him in on the Monday—he went out at the side door, but I had been too much hurt before to follow him again—it was a lodging-house where I was robbed, I have been there before when a female took me; when I lost the money I went there alone—I had never seen the prisoner before—I went there to find a man who was out of employment—my back and throat were hurt—I am not well yet—the man I was looking for is a journeyman baker, and I was told he lodged there.
GUILTY*.— Five Years' Penal Servitude.
TREHEENE PLEADED GUILTY .
MR. NORTH Prosecuted; MR. THORNE COLE Defended.
JOHN MEAR . I am a hairdresser at 36, St. Paul's Road, Camden Square—at 12.30 a. m. on 24th July I went to bed, leaving all the doors and windows properly fastened—I was the last up—about 6. 20 next morning, in consequence of something my wife said, I went down into the back parlour, which was in the utmost confusion—I missed a gold watch, a silver watch, a pair of black earrings, two coats, two waistcoats, five white linen shirts, and other articles; the watches I have not seen since—these are the coats (produced); this was safe in my drawer, and this was hanging on the door, and these trousers and waistcoats were all safe the night before—the latch of the window was forced back; it looked as if it had been done with a knife—the window was open-the plants had been moved, and put some on the inside and some on the outside—the table cover had been taken off to take away the booty in.
GEORGE MANNING . I am assistant to Mr. Lee, pawnbroker, of 49, Stanhope Street—I produce a jacket pledged for 5s. on 29th July by a woman, who gave the name of Ann Smith—I gave her this pawnticket, and this (produced) is the duplicate.
HENRY O'HARA . I am assistant to Mr. Starling, a pawnbroker, of 68, Great Portland Street—I produce a pair of trousers and a vest, pawned for 7s. on 5th August, in the name of Mr. A. Smith—I gave this duplicate to the person who pawned them—I produce another pair of trousers, pawned with me for 2s. 6d. on 9th August, in the name of Harvey Smith—I gave this duplicate.
Cross-examined. I believe nine out of ten people, in pawning, do not give their own names—I have been in the business six years—all unredeemed pledges are sent in due course to Debenham and Storr's, and other places.
ALFRED ALCOCK (Police Sergeant Y). I arrested Winter on 26th August, at 38, Prebend Street, Camden Town—they occupy two rooms, back and front—I found these four duplicates in the back room, with a quantity of socks, ornaments, ties, handkerchiefs, and other articles, which Mr. Mear identified, some in the front and some in the back room—I asked her how she came into possession of them; she said her brother brought them home.
Cross-examined. At the police-station she said her brother bought them at sales—she is Treherne's sister—I believe she is married—I did not borrow a key of the landlady to unlock the room occupied by Treherne; the prisoner's husband gave the key to Miller in my presence, and he unlocked the door—the husband lived there; he is a navy; he leaves about 7 a.m., and comes back about 7 or 8 at night—some of these things were in the front and some in the back room.
ANNIE KING . I live at 38, Prebend Street—Winter and her husband have occupied the two second-floor rooms since 15th July—Treherne lived with them there—when Winter took the rooms she took them for herself and her husband, and she said her brother lived with them, and
that he was a clerk on a railway, and one month did night duty and one month day duty.
Cross-examined. The husband lives there still—I know nothing of one of the rooms being sublet to Treherne—Winter paid me the rent—Treherne came the day after Winter and her husband took the rooms—he occupied the back room, I think—I was at home when the detective called—I had no key to unlock the prisoners' rooms; they did not unlock the door and go in; I do not know how they got in—her husband has lived regularly with Winter from the time she took the place to the time she was taken; he came home each night and left each morning.
CHARLES SANGSTER . I am eleven years old, and am the son of John Sangster, of 42, Payne Road Villas, Camden Road—on the night of 24th August I was the last one up in the house—I left it locked up when I went to bed at 11 o'clock—the following morning I went down stairs a little before 7—I found the dining and drawing-rooms all in confusion—I missed six tablespoons, six dessertspoons, twelve forks, twelve teaspoons, two china ornaments, a timepiece, and other articles—I have seen them all since at the police-station—these (produced) are some of them.
CHARLES MILLER (Police Sergeant T). On 26th August I went to 28, Prebend Street, with Sergeant A cock—we stopped there till 6 o'clock, when the prisoner Winter came home—I asked her if she had got any property that did not belong to her, as her brother was in custody charged with burglary—she said she had no property—I said I should have to search—I searched and found thirty-eight spoons, five knives, two plated saltcellars, two ornaments, and two handkerchiefs, which I produce—they are identified by Sangster—I asked her how they came into her possession; she said her brother brought them home, but she did not know where he brought them from.
Cross-examined. I was with Alcock—we waited till Winter and her husband came home before entering their room—a key was found on her, but it would not open the prisoners' door, and we had to wait—I received the key from the husband and went into the room.
JOHN THOMAS PARKER . I am a bootmaker, of 44, St. Augustine Road, Camden Town—on 16th August I went to bed about 11.30, leaving everything properly locked up, and all the bolts and bars in their proper places—next morning at 5.45, in consequence of what my wife said, I went downstairs, and found the house had been broken into—I missed two coats, two servants' jackets, and some boots and a bag and these other small articles (produced).
WINTER— GUILTY . She was further charged with a former conviction of felony.
HENRY COCHRANE . I produce a certificate of the conviction of Ellen Jones.(This certified that Ellen Jones was convicted of stealing a watch and 4s. 6d., the property of George Lewis, and sentenced to six months' hard labour.) Winter is the same person.— Eighteen Months Hard Labour.
TREHERNE further PLEADED GUILTY** to a contiction of felony in August, 1881. Seven Years' Penal Servitude,
THIRD COURT.—Saturday, September 16th, 1882.
Before Mr. Common Serjeant.
MR. J.P. GRAIN Prosecuted; MR. GILL defended Pearce, and MESSRS.F. FULTON and MARRIOTT defended Micklewright.
CHARLES CHAPMAN . I am a baker, at 1, Boston Street, Marylebone—I served Pearce with bread; his house was near my shop—10s. was due to me—on 29th July he came to the shop and said "I wish to pay my account; will you oblige me with change of a cheque, and take my account out of it?"—he presented this cheque for 5l. 5s.—I looked at it, and he said "You see it is all right," and pointed to the stamp of the South London Tramways Company—I gave him 4l. 15s. change, deducting for my account—I saw him endorse the cheque William Pearce—I paid it to my millers on the Monday—it was returned marked "Not properly signed"—the following Thursday, 3rd August, I took the cheque to Pearce's residence, and left a message with his wife the same afternoon—I called again the same evening, and had another conversation about the cheque with his wife—I also called the next morning, but did not see the prisoner—on Friday I received this letter, delivered by hand (From Pearce, stating he was sorry he had not enough cash to take up, but was going after some the same morning)—his wife called at my shop after I had been to his address on the Saturday, and on 9th August I obtained a warrant—on 11th Pearce came to my shop and said "I hear there is something wrong about the cheque, very probably I shall have the money to-morrow morning or Monday "—a constable coming past, I gave him into custody.
Cross-examined by MR. GILL. I had served Pearce three months—he bad paid me 8s.—I do not remember his saying that the man he got the cheque from was in the employment of the Tramway Company—I said before the Magistrate, "He might have called my attention to his having a parcel of work to do then "—I received a message from his wife that he had gone to look for the man who had given him the cheque.
ROBERT HAMMOND . I am a licensed victualler and landlord of the Gloucester Arms, Park Street, Dorset Square—I knew Pearce as an occasional customer—on 3rd August he brought this cheque about 8 am. (for 3l. 10s.) and said, "Will you cash this cheque for me? you see it is all right, on the South London Tramways Company "—I looked at it, and sat the stamp of the South London Tramways Company upon it—I saw him write his name on the back, and gave him 3l. 10s.—I paid it into my banker's, and it was returned as it is now marked, "No authority to honour this signature, believed to be a forgery"—I did not know Pearce's address—I communicated with the police, and Pearce was brought to my place in custody.
Cross-examined by MR. GILL. I paid the cheque in on the Thursday, the day after I received it.
HENRY CAMERON RICHARDSON . I am secretary to the South London Tram ways Company—in consequence of an intimation from the Magistrate our Company took up this prosecution—Micklewright entered the service of the Company the latter part of May—in June we sent out about 42,000 circulars, and he was engaged in directing wrappers—our Company had an account with the Alliance Bank in Bartholomew Lane—it was closed on 29th April—we had received this cheque-book, which was in use till the closing of the account—our practice is to stamp the cheques—it was kept in the safe till some time after closing the account, when it. was put in a cupboard to which Micklewright had access—he wrote letters from my dictation, and sometimes I handed him letters and told him what to write, and they were brought to me to sign—I found that he had more than once signed my name told his I objected to any one signing for me; I found be had not obeyed that order once afterwards—at page 410 of this letter-book one letter is not my signature, but Micklewright's—the other letter is signed by me—Micklewright addressed about 2,000 circulars of about 6, 000, which were addressed in the office as overtime or taken away to be addressed—he was paid 1s. an hour for over-work, and earned about 25s. in addition to his wages—he was discharged on the 11th July—I find four cheques missing from this cheque-book, Nos. 44893—6; 44893 is the cheque for 5l. 5s., and 44894 the cheque for 3l. 10s. passed to Hammond—the names on the cheques are not names of our directors—they are fictitious as far as I know—the "H. C. Richardson" is not my signature; I believe it to be Micklewright's; comparing it with the signature, in the letter-book I believe they are the same writing—the "C. Wilkinson" on the 3l. 10s. cheque is Micklewright's writing—Micklewright had no authority to sign cheques—he said he could write five or six different hands—I had not seen Pearce till I saw him at the police-court—as far as I know he had nothing to do with addressing the circulars, nor had any Mr. Watson—there is a great similarity between the endorsement on the cheques and the filling up, especially the "three pounds 10s., and the signature of "J. Thompson," who is signed in place of one of the directors on the 3l. 10s. cheque—the cheques are signed by names as directors, and countersigned by my name as the secretary in the usual form, and the form adopted when Micklewright was in the service of the Company.
Cross-examined by MR. GILL. There is a minute sanctioning this prosecution—the Company have not been defrauded—Micklewright was first employed temporarily; we got him from the Envelope Addressing Company at Greskam House—some of the money to pay for addressing the circulars passed through Micklewright's hands—he gave out the work—I do not know how long this cheque-book was kept in the cupboard.
Cross-examined by MR. MARRIOTT. Micklewright did not come into our employ till after the account with the Alliance was closed, I think soon after—I find a letter in his writing of 17th May—the cupboard was not locked, and the cheque-book was open to three or four clerks—Mr. Robinson's coat was missed once, I believe, while Micklewright was there—the directors did not want to prosecute, thinking it was a case for the Public Prosecutor—I sign "H. Cameron Richardson," and used a flourish; the cheque is signed "H. C. Richardson," and Micklewright's signatures have no flourish—Mr. Robinson's writing has some resemblance to mine—we make no difference in signing the cheques in our London Bank whether the amount be large or
small, but in the local account cheques for 50l. or less only need the signature of one director—our local bank is the West London Commercial Bank at Battersea.
WILLIAM ROBINSON . I am cashier and accountant of the South London Tramways Company, at the offices, Draper's Gardens, Throgmorton Street—we closed our account at the Alliance Bank—I. know Micklewright's writing—I believe the signature, "H. C. Richardson" to be his—I know nothing of Pearce—I handed the money to Micklewright to pay for addressing the circulars, and he took these receipts (produced)—the only name on the cheques connected with the company is "H. C. Richardson"—our practice was to have the signature of two directors, and the cheque countersigned by the secretary.
Cross-examined by MR. GILL. The receipts have been signed over pencil—they were given to me as they are.
Cross-examined by MR. MARRIOTT. We paid 5s. a thousand for the circulars—the accounts are right—I lost a macintosh in April or May.
ROBERT HARDING (Policeman D 307). Mr. Chapman gave Pearce into my custody, and said to him "There is a warrant out against you"—I said "Who has got the warrant"—Chapman said "Cloake has the warrant, and I give him into custody "—Pearce said "I am surprised a warrant has been taken out against me "—on the way to the station he told me he had cashed another cheque at Mr. Hammond's, and he called there, but Mr. Hammond was not at home—he was charged at the station—he said "Who has taken out a warrant against me?" and I told him Mr. Chapman.
Cross-examined by MR. GILL. He said he had taken the cheque from a man he had been directing circulars for, and was not aware it was anything but right—I made a note of it—this is it. (Read: "I was informed by Chapman a warrant had been taken out against the prisoner for fraud. The prisoner said he was not aware the cheque was wrong, and that he would see that Mr. Chapman was paid in a few days. He also said he had been away from home, with a view to find the man that he had the cheque from, and could not find him, and that the cheque was paid him for wages. ") He left no message for Mr. Hammond.
THOMAS CLOAKE (Detective D). I produce warrant for the apprehension of Micklewright of 30th August—I received it about 2 p. m., and met him at a house where he is employed in the Farringdon Road—I read it to him—it is for feloniously forging and uttering ah order for the payment of 5l. 5s., with intent to defraud—he said "Forge what order?"—I said "The name is 'C. H. Richardson' on a cheque on the Alliance Bank, which was stolen with other cheques from the South London Tramway Company's offices, 7, Draper's Gardens "—I showed him the 5l. 5s. cheque—he said, pointing to the name of Richardson, "That is not my writing, I know nothing whatever about it; I have had the key of the safe where the cheque-book was kept, but I never stole any cheques; I expected something of this in consequence of having read the case in the papers "—I showed him the cheque for 3l. 10s.—he said "I know nothing of those signatures; they are not in my handwriting "—I said something about the names of the directors appearing on the cheques—he said "They are not the names of the directors "—at the police-court he said he had read the case in Lloyd's Newspaper—I have seen a report in Lloyd's of Sunday, 13th August, of Pearce's first examination—the prisoner's name is not mentioned in it—
Messrs. Smith and Co., who address wrappers, have seen Pearce—they do not recognise him.
Cross-examined by MR. GILL.I searched Pearce's house.
WILLIAM ROBINSON (Recalled).I now produce four genuine cheques signed by two directors, and countersigned by the secretary—I put the old Alliance cheque-book behind a lot of books in the cupboard for security about the first week in May—Micklewright was frequently left alone in the office.
PEARCE— GUILTY of uttering. — Nine Months' Hard Labour. MICKLEWRIGHT— GUILTY of forgery. — Twelve Months' Hard Labour.
Before Mr. Justice North.
MR. W. T. RAYMOND Prosecuted; MR. O'CONNOR POWER defended Jewell.
The death in this ease arose from a quarrel and fight, the injury being caused by a man named Hawkins, who had since died. The Jury found the prisoner
NOT GUILTY .
MR. ISAACSON Prosecuted; MR. GEOGHEGAN Defended.
GUILTY.— Ten Years' Penal Servitude.
Before Mr. Justice Day.
MR. W. T. RAYMOND Prosecuted.
NOT GUILTY .
Before Mr. Recorder.
MR. GEOGHEGAN Prosecuted.
GEORGE JUDGE (Policeman N 640). On Tuesday night, 22nd August, about 6.15, I was on duty in High Street, Walthamstow, and saw the prisoner and another man in a cart; the prisoner was driving furiously, and slashing the horse—I called out to them to stop, but they did not; I ran after them, and they drove into the Forest about half a mile, when I came up with them—the other man got out and escaped—I took the prisoner; he was slightly the worse for drink; he did not try to escape—I asked him how he became possessed of the horse; he said that he did not know—I said that I should have to take him in custody and charge him with unlawful possession; he said "I can't help it "—the prosecutors' name and address were on the cart.
EDWARD JACQUES . I am carman to Thompson and Co., Great Eastern Road, Shoreditch—on 21st August I returned home from a job about 4.30. and went in at the gates for about five minutes, leaving the horse and cart outside, and when I returned they were gone—I met the constable on the 23rd with the horse and cart coming to Stratford Petty Sessions.
The Prisoner's Statement before the Magistrate. "I don't recollect what happened, I was so much in drink. "
Prisoner's Defence. I met a man driving a horse and cart in Lea Bridge Road. He asked me to get up, and we called at several public-houses and had drink. He did not tell me he had stolen the horse and cart."When the policeman stopped us he ran away. I have given all the information I can.
Before Mr. Common Serjeant.
MARTHA WATTS . I keep the Red Tape Tavern, Scott Street, Canning Town—on 23rd August, about 12.15 at night, I served the prisoner with half a pint of fourpenny ale—he gave me this sixpence—I laid it on the top of the till—I gave him 5d. change—he picked it up and walked out, leaving three-parts of his beer—a few minutes after I had to give change for a shilling to another customer, and was about to give the sixpence when I discovered it was bad—I put it in the trial and bent it—I sent some one to bring the prisoner back; three-quarters of an hour afterwards I saw him detained—I said "That is the man that gave me the sixpence;" he said "Me give you 6d.?" I said "Yes"—he said "What if I did?" I said "It was a bad one"—he said "You gave me the change;" I said "Yes, I did "—he tried to get out of the house—ho went on with his impudence—he took something from his coat left breast pocket and put it in his mouth and tried to swallow it; the constable stopped him—he asked for a pint of mild-and-bitter, which I refused—he looked as if he would choke—then he wanted some water, and I cleared the counter and would not allow him to have any water—after that he put a paper in his mouth which he took from his pocket—he pulled off his coat to fight the man Fletcher, whom I told to bolt the door, and who bolted the door, and kept the prisoner in—he said "Mind your own business "—a constable came and took him into custody, and I charged him.
Cross-examined by the Prisoner. I did not tell the inspector I put the sixpence in the till—I never do till I try it—I did not accuse my daughter of taking the sixpence—when you came back a female was with you—about five people were in the bar when you were stopped—you did not tell me to send for a constable; I sent for him when I saw something pass from your hand to the woman's—I do not know that the woman is your brother's wife—I know Shrimpy, who played the violin in the house.
JOSHUA FLETCHER . I am a labourer, living at Canning Town—I was in the Red Tape on 23rd August—I heard the prisoner call for half a pint of fourpenny ale; he put down 6d.; 5d. change was given to him—the sixpence was laid on the top of the till—he drank a portion of his ale and walked out—in consequence of what was said to me I went to find him about three-quarters of an hour after—I saw him in company with a female—I said "Would you mind stepping inside, the landlady wishes to see
you?" he said "What does she want me for?" I said "I don't know, you had better step inside "—when I got him inside Mrs. Watts said "That is the man that gave me that bad sixpence?" the prisoner said "Me! I new gave you a bad sixpence"—Mrs. Watts told me to close the door, and I did so—the potman went for a policeman—he tried to get out—a woman came in with him, and when I was shutting the door the woman left—I saw their hands together as he was leaving—the prisoner was chewing something when the policeman came—I stood at the door to keep him in—he called us b—liars and so forth, and pulled off his coat in front of the bar and wanted to light with me, and said he would fight any b——one in the house—Mrs. Watts never said she did not know where she got the coin from, nor accuse her daughter of having taken the sixpence—when leaving the prisoner caught hold of the woman's hand as much as to say "Come on. "
Cross-examined by the Prisoner. I saw the sixpence laid on the top of the till—I was leaning over the bar—Mrs. Watts picked up the sixpence from the top of the till to show to me—you said "Mrs. Watts, I gave you a good sixpence," but I was not to know it was good.
JOHN BLAGDEN (Policeman K 230). About 1.15 on 23rd August I was called to the Red Tape Tavern—I found the prisoner in the front bar—Mrs. Watts said "That man has given me a bad sixpence"—I said "Where is it?"—she gave me the sixpence—I said to the prisoner "I shall take you into the parlour and search you "—I saw him nod his head up and down with his hand to his throat—I put my hand just above the gullet and forced something down; it felt very hard—I said "What is that?"—he said "I have got no more"—I could see in his teeth a lot of pieces of blue paper—I then put my finger between the gums and found a lot of pieces of blue paper—on examining them I saw a register number—I pasted the pieces together, about two-thirds of the whole piece—I said "Are you a ticket-of-leave man?"—he snatched it out of my hand and put it in his mouth again—I threw him on his back and made him bring it up again—I took him to the station—I searched him and found sevenpence halfpenny in bronze, good money—he was charged—he said "There is no offence in uttering one sixpence "—he gave the name of William Wright.
The prisoner, in defence, mid the paper he was chewing was a lost property order, that he lived by selling shrimps, and he got change to lend his brother threehalfpence, and if he had tendered a bad sixpence he should not have gone back there.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
884. HENRY WILLIAMS HORTER* (21) PLEADED GUILTY to stealing a purse, four pawntickets, and 9s., the goods and moneys of Thomas Robert Brook, from Marian Brook, and to a conviction of felony at this Court in March, 1881.— Eighteen Months' Hard Labour.
885. HENRY JAMES BRADY (49) , Breaking and entering the dwelling-house of Lewis Banks, and stealing a coal scuttle, a scoop, a tea caddy, and a pair of pincers.MR. MORTEN Prosecuted. On the evidence of John Broughton and Albert Henry Brady (the prisoner's father) that the prisoner was insane, the Jury were discharged in order that there might be an inquiry as to the state of the prisoner's mind.
CHARLES THOMAS COPELAND . On the 6th August last, about 7.30 p. m., I was in the Lea Bridge Road, with my friend Joseph Wilderspin, in company with two young women—the prisoner and another man and a young woman passed us; when some one shouted out "Cock-eye"—I thought it was my friend, but he said it was not, and I turned round and saw the two men who came up—they said "Who are you calling 'Cock-eye'?"—I said "You have made a mistake, I did not speak," and with that the elder one punched my friend in the mouth and he struck him back over my shoulder, and they went into the road fighting, and the prisoner struck me—I had my young woman hanging on my arm and I fell down in the road—when I got up my face streaming with blood, and some people in a trap told me I had been stabbed—I did not see a knife used—I had my wounds attended to by a surgeon.
Cross-examined. The other man was given into custody as well—I do not know whether he was taken to the station—he came to the station voluntarily I believe—he was walking by the side of the policeman—he was discharged next morning—I had been drinking in one public-house with my friend Wilderspin and two young women—I swear I do not know that it was Wilderspin who called out "Cock-eye"—I did not call out at all—Wilderspin was not near me when the other man punched me—I saw Wilderspin strike Joseph Heddington, and I saw them go into the road together and fight—I fought with William after he struck me—my young woman was crying and trying to keep me away—the young women did not take their hairpins out and use them—they were not examined at the police-court—I did not feel stabbed until I got up—the scrimmage lasted two or three minutes—I did not see anybody use a knife.
JOSEPH WILDERSPIN . I am a carman, of 26, Duke Street—I was with the last witness on the evening in question—I noticed somebody pass us and a female—I heard the expression used about "Cock-eye" but it was not by me—I looked back and saw the prisoner and his brother coming back to my friend, and I stopped and went back; my friend was walking behind me arm-in-arm with his young woman; the prisoner's brother punched my friend in the mouth and I punched him, and we proceeded to fight it out—I saw no knife used; some people in a trap passing by said "He is stabbed," and I noticed my friend's face and neck were cut across; we got parted in the struggle, and I was six or seven yards off.
Cross-examined. I do not know who it was called out "Cock-eye"—I did not say it; I laughed at them; I did not laugh at anything particular; I do not know what I laughed at—I do not know how the prisoner got some scratches on his face; the young women did not use their hairpins; they were too frightened, and were trying to get us away—I did not set either of the two brothers slip down the embankment in passing—somebody said they slipped—I did not call out to either of the young men
"You silly cock-eyed b—"—I heard "Cock-eye" called out; it was not my young woman, she was talking to me—I said he is not "cock-eyed"—I did not see anybody cross the road—I was not asked by the prisoner or his brother what I meant by calling him "Cock-eye"—I did not say "You are a b—liar "—I never use such expressions—I struck the prisoner's brother in the mouth when he struck my friend; he is a big fellow, and I thought he was doing wrong in slipping into a little one; there was not a crowd round encouraging us to go on—I cannot say how many people there were—I got the worst of it; the young women did not take any part in it.
WILLIAM THORPE . I am a bricklayer, and was present at the time in question with my friend Burrell; they wore all strangers to me—I saw them pass each other, and the prisoner and his brother came back, and one of them said "Who do you call Cock-eye?" and then I saw him strike Copeland, and then there was a general fight between the lot—I then saw the prisoner pull out a knife and strike the procecutor several times on the head—I went to take the knife away and he tried to put it into me; he alter wards threw it away, and it fell into a ditch; it was taken out afterwards.
Gross-examined. I did not hear anybody call out "Cock-eye?" they were fighting when we came back to them; there were some people going by in carts, and three or four carts pulled up, and the people looked on; there were not thirty people there; Joseph Heddington was taken into custody that evening—I appeared at the police-court next morning, when he was discharged; he was fined I think—the prisoner took the knife out of his trousers pocket; the young women picked up their hate.
FREDERICK BURRELL . I was with the last witness—we passed the prosecutor and his friends—I heard the prisoner say "We can do enough for them two "—I do not know who struck the first blow—I saw them struggling together, and I then heard Joseph say "Out with your knife," and then I saw the prisoner go up to the prosecutor and strike up and down with it—the knife was found in a ditch—I saw a young woman throw it into a ditch—I took it to the station; there was a small speck of blood on the handle.
Cross-examined. There were not many people there—half a dozen or eight—there were some people looking on in a cart afterwards—two or three carts came up—the fight was not quite over.
RICHARD WEBB (Policeman N 3). The prisoner was given into my custody by the prosecutor, who was bleeding from wounds on the head and cheek—Burrell afterwards brought this knife to me at the police-station.
Cross-examined. The prisoner accused the prosecutor of assaulting him—when the prosecutor came up he said "I give this man into custody"—I said at the police-court the prosecutor accused the prisoner of assaulting him, and wished to give him into custody—when I first saw Copeland he had not a collar on—I believe he took it off before my arrival—the prisoner had been down in the road and grazed his face.
HENRY GOULD . I am a surgeon practising at Leyton—I went to the police-station on the night in question and examined Copeland—I found a good deal of blood about his face and several wounds—one on the scalp, and one long kind of wound across the forehead over the right eye—the wound with the scratch would be quite three inches long—there was a little
wound on the neck, and the lower lip was cut through on the right side—they were incised—this small pocket-knife would cause such wounds.
Cross-examined. I do not consider the lip was cut through, it was a superficial wound—there would have been more contusion if done with the fist, and it would be jagged—there was a little wound on the side of the neck—I did not consider the wounds dangerous because I did not think they would be followed with dangerous consequences—the knife was shown me at the police-station—the stab had passed through the collar.
Witness for the Defence.
JOSEPH HEDDINGTON . I am a potman, of 16, Farringdon Street, and am the prisoner's brother—I was with him on the night in question walking down Lea Bridge Road—I saw the prosecutor about 7.30 with Wilderspin and two young women—I had a young woman about six yards in front—I slipped down the embankment, and Joseph Wilderspin turned round and said "You silly cock-eyed b—, why can't you stand on your legs?"—Copeland turned round and said "He is cock-eyed, isn't he?" and then two or three young fellows came across the road and persuaded me to go back and punch him, and I went back—the young women are not here, and were not called at the police-court—I asked Wilderspin why he called me "Cock-eye," and he said he did not, and said "Go and f—yourself"—I struck him in the mouth, and the other three pitched into me, Copeland and two females—I went down on one knee and my hand, and one of those fellows kicked me in the mouth and knocked a tooth out.(Thorpe stood forward.) That is the man who kicked me in the mouth—my brother came up and I scrambled away from them—I saw Copeland and my brother struggling together, and Copeland's young woman said "You b—, "and put up her hand and pulled out a hairpin and put it through her lingers like that (describing), and then I saw her strike my brother two or three times with the hairpin, producing those wounds which caused blood—then I saw her strike Copeland—I ran and picked my brother up and told him not to fight any more, and I pushed him behind me, and then a woman got out of a cart and said "Copeland, you have been stabbed," and he said he had not, and she said "Yes you have, I see a knife "—then the sergeant came up—I said "I give Joseph Wilderspin in charge for assaulting me, and Copeland said he would give my brother in charge for stabbing him—we all went to the police-station—I appeared at the police-court, and was fined 5s. for fighting.
Cross-examined. I told this story to the police Magistrate—I did not say that Thorpe kicked my tooth out—they did not seem to listen to me—I told the police-constable that I had a tooth knocked out.
NOT GUILTY .
Before Mr. Justice North.
NOT GUILTY .
Before Mr. Recorder,
MR. BRINDLEY Prosecuted.
JOSHUA. WALTER . I am a stationer at Blackheath—on 5th August the prisoner came to my shop bringing his cheque-book, and asked me to oblige him with change for a 5l. cheque—it was filled up payable to order—I advanced him the 5l. on the cheque—I paid it over to Clipp and Co., Blackheath, and it was returned marked "No account"—I received a letter from the prisoner on the 11th, asking me to hold it for a short time.
JAMES MANTOS . I keep the Yorkshire Grey public-house, Blackheath—on 5th August the prisoner came to me, I had previously lent him a sovereign, he brought this cheque with him and asked me to take the sovereign out and give him the 4l.—the cheque is drawn out to my order—I received a letter from the prisoner, but before I did so, I had sent the cheque to the bank, and it was returned marked "Account closed." (This Utter also requested the witness to hold the cheque for a short time.)
WILLIAM BENYON .I am a clerk at the London and County Bank, Kingston-on-Thames—we never had an account in the name of W.B. Seymour at our bank—the two cheques produced were presented at our branch on 15th August; one was returned marked "No account," and the other "Account closed "—we had an account in the name of W. Bentinck Seymour; it was opened on May 31st, 1879, and closed October 9th, 1880; reopened May 8th, 1881, and closed December 3rd, 1881, and has never been reopened again—the two cheques are from out the same cheque-book and the numbers follow consecutively.
HENRY GOODWIN (Police Sergeant R). On Monday, 21st August, I went with Police-constable Graves to 3, Chapel Road, New Kent Road—I knocked at the door and the prisoner opened it—I told him I had come to apprehend him on a warrant for obtaining 10l. by means of two worthless cheques—we went into the backroom—he said, "This is sharp practice"—I said, "Well, you left on the 5th, the same day that the cheques were drawn, and gave an address at 1, York Hotel; two summons were issued and served there. You also gave an address at St. Thomas's Hospital, and in consequence of your not being found there a warrant was issued"—he said, "Will you allow me to pay Mr. Walter," who was present—I said, "No "—on searching him I found 6l. in gold—he wanted to pay Mr. Walter with that money—I saw this cheque-book (produced) lying on the table—it is the same as these two cheques came out of—he had left his address—I found him through inquiries about a box which had been removed from his lodgings.
Cross-examined. Your landlord was anxious about you in consequence of his heavy debt, and other things.
The Prisoner's Statement before the Magistrate. "I was told the money had been paid into the bank, and I fully believed it had been. As soon as I discovered it had not, I wrote the two letters. The money would have been paid long since, but for these proceedings. "
The prisoner's defence was to the same effect.
GUILTY .— Two Months' without Hard Labour.
MR. WAITE Prosecuted; MR. MONTAGU WILLIAMS Defended.
MANZINI ANSELMO (Interpreted).I live at 36, Rathin Street, Deptford I was in a beer-house in Mill Lane on 15th August talking to a female, and two Italians, not the prisoners, knocked her down—we were turned out, and they kept on fighting me—I received a hard blow on the side of my head which knocked me down—a man lifted me up and I found I was stabbed on my temple—I saw the prisoner Pedro, and asked him if he struck me—he said, "No "—I said, "Yes you did, you were behind me "—the English men who surrounded us said that Pedro did it, and the police took him in charge—the blood ran down to my stockings.
Cross-examined. There were about eighteen Italians there, and some English, who took my part—I had no knife; I never wear one—I knew the prisoners before, but never had any quarrel with them—there was a regular scuffle in the place, and they were all on me.
MAURICE MAGUIRE . I was having a pint of beer in the Dover Castle with a friend and saw a row in a beershop—I went in, and saw Anselmo sitting down bleeding and the prisoners on each side looking at him—I was turning to go away, and saw the prisoner Giovanni draw a knife, and it cut me on my hand—I caught him by his wrist, and an Italian woman took the knife out of his hand—I tried to hold him, and a lot of Italian men and women tried to get him away—I spoke to a policeman, but he was not taken.
Cross-examined. I did not come up till it was over.
WILLIAM SMITH . I live at 8, St. Mary's Buildings—I was with Maguire, and have heard his evidence—it is correct—Giovanni had a knife in his hand when he rushed at Maguire, and three or four young Italian women pulled him away.
NOT GUILTY .
GUILTY of unlawfully wounding, against GIOVANNI — Four Months' Hard Labour.
PEDRO.— NOT GUILTY .
Before Mr. Common Serjeant.
892. The said JAMES BAKER , and WILLIAM ARCHER (46), and SARAH ARCHER (44) , Breaking and entering the Board School house in Duke Street , and stealing 45 yards of shirting and other goods, the property of the School Board for London. Second Count for receiving.
MR. RAM Prosecuted; MR. KEITH FRITH defended William Archer.
JOHN RANDALL . I am school-keeper of the Duke Street Board Schools—on Saturday, 8th July, I locked up the school at 7p.m.—on Sunday morning about 8 a.m. I saw a pair of steps against the school wall and a lavatory window open on the ground floor—in the infants' school a sack of waste paper had been emptied and the sack gone, and several cupboard locks were broken—the parting door between the infants' and girls' school had a pane of glass taken out, and the locks of the cupboards were broken.
MARGARET FLEMMING . I am head mistress of the girls' school in Duke Street—on 10th July, between 8 and 9, I found three cupboards had been broken open, and I went over the stock—I missed 48 yards of pompadour print, 32 yards of Galatea shirting, 45 yards of Oxford shirting, 20 yards of white flannel, 163/4 yards of scarlet flannel, and two pairs of scissors; one was marked "School Board for London "—the value of the material was 4l. 3s.—the material produced is exactly the same—the private marks have been torn out—the scissors are marked" Rogers," who supplies the School Board.
Cross-examined by MR. KEITH FRITH. The material is sent from the needlework store on the Embankment.
SUSANNAH JONES . On 11th July Mrs. Archer asked me if I knew any one who would buy half a dozen of knives, as her brother-in-law, who was a cutler, had got them to sell—on the day I pledged the flannel, Mrs. Archer asked me if I would go and make a little money, as her niece over the water had taken her tally bill for 2l., and I went and pledged three yards of red flannel shirting, which Mrs. Archer gave me to pawn—I got 3s. 6d., and gave it to Mrs. Archer—I saw Baker on the fence by the cistern at 2 o'clock one morning, and Mrs. Archer was in the yard below.
Cross-examined by MR. KEITH FRITH. I have known Mrs. Archer ten months—I lived with the Archers eight months—Archer was a drover—he has been very ill off and on nearly seven months, and he has been in the hospital—he was a quiet man—he complained of his wife keeping low company—he said she would get him into trouble by going to public-houses drinking with strangers.
Cross-examined by Sarah Archer. I was not tipsy; I was ill—you have called me down when your husband was thought to be dying—I did not we you the worse for liquor while your husband was in the hospital.
Re-examined. Baker was in the house while Mr. Archer was ill several times—he came on a Sunday morning three weeks before they were taken.
Cross-examined by MR. KEITH FRITH. The doctor saw her yesterday—he has attended her nearly a month—she has not been able to put her foot to the ground.
Isabella Taylor's evidence before the Magistrate on 2nd August was read as
follows. "I live at 106, Watergate Street, Deptford. Wife of Robert Taylor. Baker first came to the house the Archer's and I live in about six weeks ago; he came to lodge there three weeks before he was apprehended. On the day Sergeant Francis apprehended me on this charge the prisoner Baker asked me to take two pieces of flannel, I think they were white, and a piece of calico to sell. I took them to 23, Octavia Street, to Mr. Ives; they were all in one bundle, tied up together. Baker said he worked for a man that travelled with goods, but did not say where he got them from. Mrs. Archer was in my room by the door when Baker gave me the things. I was to bring the money back to Baker, but I did not get anything for them. Soon after Baker came to our house, a day or two, I saw these knives and forks on a deal table in the back room, which is Mrs. Rogers's living-room. I never saw Baker with the knives when I went down that morning. The morning I first saw the knives Baker was then in the room; he asked me if I knew any one that wanted to buy any knives. I took them to Mrs. Ives, at 23, Octavia Street. I did not sell them then, but in the evening of the same day I pledged them at Mr. Norfolk's in the Lower Road, Deptford. I got 4s. 6d. I took that to Mrs. Archer; I left it with her till Baker came home; he came in shortly after, and she gave him the money. The ticket was sold to Mrs. Ives. "
JOHN ARTHUR NEIL . I am caretaker of the Board Schools in Hugh's Fields—on 6th July I locked up the school between 6 and 7 p. m., and left everything all right—the next morning, about 6.30, I found a chair in the playground that was in the master's room the previous night—in the girls' school I found cupboards were broken open, and the work scattered about the floor—in the boys' school a desk had been broken open and the contents thrown out—the lock had been forced at the foot of the boys' staircase—I gave information to the police.
CLARISSA WILLIAMS . I am mistress of the schools in Hugh's Fields—on 7th July, about 8. 50 a. m., I inspected the stock in the schools—the cupboards were all broken open, and the material strewn all over the floor—I missed three aprons: this buff blouse, this pink pinafore (produced), and five pairs of scissors—these produced are similar—they are marked with the School Board stamp.
JOSEPH FORDHAM . I am caretaker of the schools in Greek Road—on 5th July I locked up the schools about 8 p. m.—when I awoke next morning I found my bedroom window lifted up from the bottom—outside I saw a plank and the teacher's window open—I then opened the communication door into the infant school playground—I found the infant school door wide open—I went in and found two teachers' desks had been opened—in the infant class-room I found three cupboards and a desk had been broken open, as well as the door—I gave information to the police.
SARAH GRAY . I am head mistress of the school in Greek Road—on 6th July, about 9 a. m., I found two desks and other cupboards had been broken open—I missed 58 cut lead pencils and about 11 dozen uncut lead pencils—the pencils produced are like them, and are stamped "London School Board "—their value is about 8s.
JOHN FRANKS . I am storekeeper at Messrs. Edwards, Penning, and Co., ship chandlers, Limehouse—on Sunday morning, 25th June, I was awoke by the police about 6.30 a. m.—I got up and went into the ware-house,
which I found broken open, and papers strewn about in all directions—I missed 26 knives some forks and spoons marked like those produced—they are worth about 4s. 6d. each.
THOMAS FRANCIS (Police Sergeant R). I received information of a robbery of a school in Duke Street on the Sunday, 9th July—on 11th July I went to 106, Water Gate Street, Deptford—Mrs. Taylor made a statement to me—I took her into custody—she was afterwards discharged by the Magistrate—I went back again to the house the same afternoon—I saw Mr. Archer—I said to him "Mrs. Taylor has taken some flannel and different things to Mr. Ives, 23, Octavia Street; she told me that jour wife gave them to her to go to get rid of to sell"—he said "I do not know anything about it"—I said "Have you the key of the front room?"—he said "No"—his wife afterwards came into the house—I said to her "Mrs. Taylor has sold some things to Mr. Ives, and she told me that you gave them to her"—she said "I do not know anything about it "—I said "Have you got the key of the front room?"—she said "No "—I said "If you don't open the door I shall open it myself "—I pat my knees against the door and burst it open—I searched the room with T. C. Crags—we found this flannel shirting and pompadour under the bed, and in a box under the bed these pencils and these five pain of scissors (produced)—they were identified by teachers from different schools—Mr. Archer said "I have bought that flannel to make two shirts with. "
Cross-examined by MR. KEITH FRITH. I have not measured the flannel—the pompadour was under the pillow—I made no note—I did not think it was necessary—I should not say Archer was under the influence of drink; he said he was not well—he was laid up for months—I knew Archer was a drover, and a respectable and honourable man, as far as I know—I found two keys, one of the door and one of his room—I knew Sarah Archer had lived apart from him, and he lived with another woman—they had been living together about eleven months, but had been separated eight or nine years—Archer did not interfere with me in any way in searching the room.
Cross-examined by Sarah Archer. I knew your husband lived with another woman on Deptford Green—you lived with a party named Bryant as a lodger—you said a pair of scissors were yours—your husband did not say the flannel was his, and that he gave you the money to buy it.
Re-examined. The Archers were living together during the time of these robberies.
JOHN CRAGGS (Policeman R). On 11th July I searched Archer's house with Francis—I found a blouse, a piece of chintz, and some flannel—the chintz was sticking out from under the pillow, and the flannel under the bed-tick—I also found this jemmy in the kitchen, and two knives—when I pulled the flannel out I said, "Halloa! what about this?"—Archer said, "I bought that to make shirts"—Mrs. Archer was in the room in a state of intoxication; she said a good deal, but could not articulate property—in the passage she said, "I do not know anything about it"—she was very much agitated, and fell down, and Francis and I lifted her on to the chair, and got a man to hold her there—I found two cloths in a box underneath the bed—the jemmy was in a knife-box along with these knives and forks, in a cupboard.
Cross-examined by MR. FRITH. A bed-tick was lying on the floor in the
kitchen—I heard Baker slept there occasionally, and that Archer had been ill.
Cross-examined by Sarah Archer. I did not hear you say that your husband gave you money to buy flannel.
Baker's Defence. I lodged at Mrs. Archer's—there are three men and two women there—the police never see me in this place that was broken into, and the witnesses never see me.
Sarah Archer's Defence. My husband is quite innocent—it is true that he gave me the money for the flannel—you can kill me, only save him.
WILLIAM ARCHER received a good character.—
BAKER and SARAH ARCHER.— GUILTY .
JAMES HOWLETT (Detective Sergeant K).I was present at this Court in September,1873, when Baker was sentenced under the name of James Broadwick toten years' penal servitude and three years' supervision—I produce the certificate of the previous conviction—I have known him over twenty years—I proved a conviction and sentence of seven yean against him at this Court—I have no doubt at all about his being the man—I have no photograph.
Cross-examined by the Prisoner. You were pointed out to me twenty-three years ago as a convicted thief—that was in Shadwell and Stepney, where you are known—I took you out of Archer's house in 1873, with a man who pleaded guilty—I have had you once in custody besides that—I saw you at the Thames Police-court, when you got three months for loitering.
Baker. He does not know me—he is taking me for my brother.
Witness. I never knew he had a brother; he has been with Mrs. Archer for years.
GUILTY.— Ten Years' Penal Servitude. NOT GUILTY of the previous conviction. SARAH ARCHER— Twelve Months' Hard Labour.
NOT GUILTY .
Before Mr. Justice North.
GUILTY .— Five Years' Penal Servitude.
Before Mr. Recorder.
MR. RIBTON Prosecuted.
CHARLES DACE . I am manager to Mr. Bartlett, of Bristol, a weight and scale maker—the prisoner is a greengrocer and fruiterer—in April last I supplied him with two separate lots of goods, and one in May—the handwriting of this invoice (produced) is that of our clerk at Bristol—the
prisoner had the goods on three months' credit—he has never paid for them—I heard on the Monday after quarter-day that he had cleared out—I don't know who signed this receipt (produced)—we have not got this coloured ink in our establishment.
GEORGE HOWARD . I am assistant to Mr. Digger, pawnbroker, Southampton Street, Camberwell—on 19th December the prisoner came to me with two pairs of scales and offered them in pledge—I told him I should require a receipted invoice, which he went to get; he came back in a short time and produced this invoice, which appeared to be receipted—I then advanced him 3l. on the scales—I should not have done so if he had not brought the receipt.
EDWARD RONALD THOMAS . I am invoice clerk to Mr. Bartlett, at Bristol—I made out this invoice for Mr. Weaver—when it left our place there was no receipt to it—I do not know the name of the party receipting it—it is not signed by anybody in our office.
CHARLES DACE (Recalled by the prisoner).I first saw the receipt at the pawnbroker's, where it was left—it was never presented to us as a discharge for the debt—I have met you two or three times, and I called at your place when the man was in possession, and you said it was only a question of a day or two—you did not say you had paid.
CHARLES ROBINSON (Detective P). On 24th July I met the prisoner at Peckham Station—I had a warrant for him, and told him he would be charged with forging a signature—I found on him forty-seven duplicates, and among them a duplicate for the scales.
The RECORDER was of opinion that there, teas no intent to defraud.
NOT GUILTY .
MR. LOUIS Prosecuted; MR. DE MICHELE Defended.
JOHN CARLISLE . I am a labourer and a militiaman, and live at 34, Neville Street, Vauxhall—on 15th July, at 11.40, I was with Hagley and Leech, in the Duke of Cambridge, and I saw the prisoner smoking a pipe; two more chaps and two girls were with him; I said "You want a splint to light your pipe "—he said "No, I don't, it is not the first half ounce of tobacco I have smoked for these seven years"—we had a few words but parted friends, and I left—I afterwards went back to the public-house and came out a 12 o'clock, and as I was going down North Street the prisoner pushed against me, I pushed him back, we took off our coats and started fighting; we fell, and when I was on the ground I felt something go into my side—I got up and said" Look after him, I think he has a duster"—we had another fight and he stabbed me in the back—I said "He has got something, Jack, you had better look after him"—he ran away, I ran after him; I caught him, and got another stab—my brother came up, we had another fight, and I saw him go up to my brother and stab him in his arm—I had another struggle with the prisoner, he stabbed me again and got away; I caught him at the corner of Cross Street and threw him over
and he stuck a knife into my leg twice—we took this knife (produced) from his hand; it was open—I gave him in charge.
Cross-examined. I had not seen him before—my party was only three—I am not in the habit of stopping outside the Lord Clyde and molesting people coming out—I don't know why the knife was not given to the policeman when he came—I swear my brother and I did not kick the prisoner when he was down—I did not strike the woman who was with him or see any one strike her or strike him—I did not push against him when he came out—I did not see the knife till Hagley produced it.
THOMAS HAGLEY . I was with John Carlisle and Leech in this public-house—I was sober—the prisoner was there and two friends of his and two females, one of whom had a baby—we had a few words about a pipe, but we parted good friends—the prisoner went out with his friends, and when we came down the street to the Lord Clyde the prisoner came up and pushed against Carlisle—they took off their coats and began fighting—they both went to the ground; Carlisle got up and said "He has hit me in the side with something, is it a knuckle-duster?"—I said "No, I think it k his nose bleeding "—the prisoner ran away, Carlisle ran after him and caught him; his brother Bob came up and there was another struggle—some of the chaps picked Carlisle up, and the prisoner ran at Bob and stabbed him in the shoulder, and John Carlisle put the prisoner on the ground and held his wrists while I took a knife from his hand—it was open and would not shut, and it won't shut now—there was blood on the blade, but Carlisle caught him and gave him in charge.
Cross-examined. John Carlisle had had some drink—I never heard that he was turned out of the Lord Clyde—I had not seen the prisoner before—the prisoner was blowing his pipe all over the place, it was so long, and Carlisle said "You will be sick soon "—I have never known fights outside the Lord Clyde or the Duke of Cambridge on Saturday nights—the two Carlisles and I do not meet people outside public-houses and assault them—I had the knife when the policeman came—I did not give it to him, as he did not ask for it; I said "Here is the knife, I will take it to the station," and I did so.
Cross-examined. I saw the prisoner come out of the Duke of Cambridge—I did not see Carlisle put his leg behind the prisoner and throw him on his back outside the Duke of Cambridge—that was outside the Lord Clyde—I did not see him put his foot behind him and throw him on his back—I did not see Carlisle strike a woman who was with the prisoner—I did not see the knife used, but I saw Hagley show it to the prosecutor.
ROBERT CARLISLE . I am the prosecutor's brother, and live at 32, Neville Street—on Saturday night, 15th July, after 12 o'clock, I came out of the Crown public-house, and went up to my brother, who appeared to have been fighting—I got him away some distance, and the prisoner came up and said that he would fight him again—a woman came up with a child in her arms, and wanted to get him away, and I was struck on my shoulder with a knife; I cannot say whether the prisoner did that, but he struck me with a knife on my hand—my brother said, "He is using a knuckle duster"—I said, "He is using a knife"—he ran away and I caught him.
Cross-examined. I did not kick the prisoner when he was down, nor did my brother hit him at the same time—I did not kick Mr. Bennett's hand or leg, nor did he accuse me of kicking him, but he showed his leg—I was not the worse for drink, rather the better.
FREDERICK JEFFS (Policeman L 51). On Sunday morning, 18th July, about 12. 20, I was in Tower Street, heard screams of "Police," and saw a large crowd, and the prisoner without his coat was being held by Hagley and Carlisle—John Carlisle said "I am stabbed," and pointed to his left side—I turned my lamp on and saw blood running down his back—Robert Carlisle came up with his coat partly off and said, "I am stabbed in my left shoulder," and his right-hand fingers were cut—I asked if any one had got a knife—Hagley said, "I have got it and I mean to keep it till I get to the station"—the prisoner said at the station, "I must stand my chance, but I am innocent"—Hagley handed me the knife at the station.
Cross-examined. I bad not seen it till I got there—there was a large crowd, 200 or 300 people; the two Carlisles had been drinking—I found no blood outside the Duke of Cambridge or the Lord Clyde—I saw some in Cross Street, 100 yards from the Lord Clyde.
RUSSELL MEYO COLLIER . On 16th July I was house-surgeon at St. Thomas's Hospital, and was called to see the prosecutor—he was very noisy and excited, and under the influence of drink—he was bleeding from his side—I found a large wound there and ordered his admission to the hospital, where I examined him, and found him suffering from six wounds, one near the left knee, one on the left thigh, one in the back, and one in the left side two inches under the ribs—it went downwards and backwards towards the spine—it was five inches deep and passed dose behind the large bowel—it was dangerous, and would require force to inflict it, considering the size of the knife—the others were skin Meads.
Cross-examined. The chances are that the knife would not have blood on the handle, as the clothes would prevent the blood from coming out—there would not be much hæmorrhage and signs of blood in the road, as the opening was small though the depth was great—it would take ten minutes to extend to the clothes and make marks.
Re-examined. The wound would close when the knife was taken out, and I think the knife would be clean, and the more so as it went through the clothes.
By the COURT. If it had touched the large bowel he would probably have died—he was ten days in the hospital; he left earlier than I wished, but I think he is well now—I also examined Robert Carlisle and found a punctured wound on his left shoulder three inches deep, and a trivial wound on his finger—they may have been inflicted with this knife—he declined to come into the hospital.
The prisoner in his statement before the Magistrate stated that one of the people handed a knife to Hagley, but that he never had it.
Witnesses for the Defence.
HENRY DAVIS . I am foreman engineer at the Phœnix "Works, Lambeth—on this Saturday evening I heard a disturbance, went out, and found a number of men in the middle of the road—I saw John Carlisle push against several persons who were passing—the prisoner then came along with a female and baby in her arms—the prosecutor pushed against the prisoner
without any provocation; the prisoner said "What is that for?"—Carlisle put his leg behind the prisoner and threw him to the ground, and then backed from the crowd and stripped to fight, and a woman with a baby held it against the prisoner to protect her friend—I asked her to stand aside; she said "For God's sake, hold my child, he has no one with him, they will kill him "—Carlisle struck her a blow in the face before the child was placed in my arms—the prisoner recovered from the fall, and got up and fought, and I saw them struggling on the ground—I saw no knife; and heard nothing about one—this was close to the Lord Clyde—I did not see the end of it.
Cross-examined. I saw nothing in Carlisle's hand; he had been drinking, and was quarrelsome—I did not see Robert Carlisle, Hagley, or Leech.
WILLIAM BENNETT . I live at 13, Tower Street—I saw a crowd outside the Lord Clyde, and saw the two Carlisles; it seemed as if one of them had been fighting—I saw them knock the prisoner down, and Robert kicked him, and in trying to escape the kick I got kicked on my shin and the skin taken off—I saw no knife in the prisoner's hand—I cannot say whether I saw Hagley, there were so many people—I saw the policeman come up, but nothing was said about a knife, nor was a knife produced.
GUILTY of unlawfully wounding under great provocation. — Eighteen Months' Hard Labour.
Before Mr. Common Serjeant.
MESSRS. MEAD and AUSTIN METCALFE Prosecuted; MR. J. P. GRAIN defended Eliza Nash.
ANN FRANCES HARRISON . I am the wife of William Harrison, of the Holland Arms, Brixton Road—on 28th August, about 5 p. m., I served the prisoner with twopennyworth of Scotch whisky cold—ho tendered a florin; I saw it was bad—I tried it in my teeth; they made a mark—I gave it the prisoner back, and told him it was bad; he said he did not know where he had taken it, and afterwards that he had it in change for half a sovereign—he then paid with a good shilling, and I gave him 10d. change—I watched him—the female prisoner joined him—I pointed them out to Harry Kennett, who was in the house; he followed them—this is the florin Walter Nash tendered; it shows the marks of my teeth.
HARRY KENNETT . I am a licensed victualler, of 30, Vale Road, Brixton—I am out of business now—on 28th August I was in the Holland Arms—I saw the male prisoner come out of another compartment—Mrs. Harrison had spoken to me—I saw him join the woman about 20 yards off, the corner of Chapel Street—she passed him something—they went to the Russell Arms, about 100 yards off; the woman walked on, and the man went in—I watched at the door—the man called for something, put the coin down, and received change—I went in the other side and spoke to Goring, who gave me the florin—I called the potman, Turrell, and we followed the male prisoner—he joined the woman, who was waiting at the
corner, and they walked on together—she passed something to him, and he dropped it; he picked it up—I had spoken to two constables, who saw it also—I then saw the man go into the Crown and Anchor; the woman walked on—I went into the next compartment—I heard him call for twopennyworth of Irish—I made motions to the barman to serve him and try the coin—he tried the coin with his teeth—he said "This is bad," and jumped over the counter and took the male prisoner, who was given into custody to the constables who were waiting outside—I gave the florin I received from Goring to the potman Turrell.
ADA GORING . I am barmaid at the Russell Arms, Brixton Road—about 5. 10 p. m. on 28th August I served the male prisoner with a bottle of seltzer—he tendered a florin; I put it on one side and gave him change—he went out—Mr. Kennett spoke to me; I examined the florin and found it was bad—this is it—I gave it to Kennett, and he went out of the house.
RICHARD TURRELL . I am potman at the Russell Arms—Kennett spoke to me and gave me this florin—I followed the male prisoner on the other side; he joined the woman, and I saw them pass something; I saw the man go into the Crown and Anchor.
ALEC GILBY . I am barman at the Crown and Anchor—about 5. 10 p.m on 28th August I served the male prisoner with twopennyworth of Irish cold; he put down this coin resembling a florin—Mr. Kennett made signs from the other side of the bar—I tried the coin with my teeth and found it was gritty—I jumped over the counter and caught the prisoner by the sleeve—a constable came and I gave him into custody—I gave the coin to the constable.
MICHAEL BOVENIZER (Policeman W 221). Kennett spoke to me, and we watched the prisoners together—they were going towards the Crown and Anchor—I saw something pass from the female to the male—I was 20 to 30 yards off—the male went into the side bar of the Crown and Anchor, and the female walked as far as the jeweller's shop—I was called in in a few minutes—I received this florin from Gilby—I took the male prisoner, and called another constable to take the female for me—she was carrying this bag—I found these two bad florins in the bag loose, and a half-crown, five shillings, and 2s. 3d., one halfpenny, and one farthing bronze, good money—I searched the man, and found two shillings, four sixpences, and 8 1/2 d. bronze—the two coins found in the bag have crosses, the other two my private marks.
ELIZA NASH received a good character.
GUILTY.—Recommended to mercy on account of her youth and previous good character. — To enter into for own recognisances in 30l. to come up for judgment when called upon. WALTER NASH— Nine Months' Hard Labour.
MR. MEAD Prosecuted.
with a cigar; he tendered half a crown; I found it was not good and returned it to him—I said, "This is not good "—he said, "It is, I took it just below here"—I said, "Take it back where you had it from"—he returned the cigar.
MARY BRYAN . I keep a stationery and Berlin wool shop at 47, Portland Road, Battersea, about two minutes' walk from Dorcas Terrace—on 23rd August, about 6 p. m., I served the prisoner with twopennyworth of writing paper—he tendered half a crown; I gave it to my boy Hubbard to go for change—Mr. Bignell came back with him, and in the prisoner's presence said to me, "Are you aware you have sent me a bad half-crown?"—I said "No"—he said, "Who gave it to you?"—I pointed to the prisoner—Mr. Bignell asked him if he had any more about him like that, and he said "No"—Mr. Bignell fetched a policeman, and the prisoner was given into his custody—I gave the half-crown to the policeman.
WALTER BIGNELL . I am a chemist next door to Mrs. Bryan—Hubbard brought me the half-crown to change on 23rd August—I saw it was bad; I went back with him; I saw the prisoner; I told the prisoner I thought it was a bad one—he said he did not know it was bad, it was the only one he had.
ROBERT SYRETT (Policeman V 479). I was called to Mrs. Bryan's—she said, "I wish to give the prisoner into custody for attempting to pass a bad half-crown "—the prisoner said, "I got it for making a box at Donovan's Lodging-house, New Church Court, Drury Lane," and that he lived at that address—this is the half-crown I received from Mrs. Bryan.
MR. MEAD Prosecuted; MR. KEITH FRITH defended Crippen;
MR. GEOGHEGAN defended Fountain.
WALTER THOMAS ASHTON . I hold the licence of the Beehive public-house, Carter Street, Walworth—Crippen came there in July, I think the last week—I served him with a lemon and a glass of bitter—he tendered half a crown—I said, "This is a bad one, do you know where you got it?"—he said, "I think I do," and I gave it him back—he went away, having paid me with good money.
Cross-examined by MR. FRITH. He has used my house a short time—I do not know where he lives—he seemed surprised—he has been in my house since—I have seen him pass daily.
Walworth—on Friday, 4th August, about 7 p.m., I served Crippen with a sixpenny cigar—I knew him by sight—he tendered half a crown; I put it in the till and gave him change—no other half-crowns were in the till—Mr. Hollibone, the son of the proprietor, afterwards spoke to me and called my attention to the half-crown; I then found it was bad—I tested it in the tester—I marked it; this is it—I knew Crippen lived in the Lorrimore Road, but I did not know the number—our house is three or four minutes' walk from the Beehive.
ARTHUR HOLLIBONE . I am the son of the proprietor of the Duke of Sutherland—on 4th August I saw a bad half-crown in the till, about six minutes after it was tendered—I spoke to Miss Bacon—I locked it up—I afterwards gave it to Police-constable Bryan—I have seen Crippen frequently in the house, and have seen him pass the house since, but did not know where he lived.
ANN JONES . I am the wife of "William Jones, and keep a dairy at 15, Sutherland Square, Walworth, about three minutes' walk from the Lorrimore Road—on Sunday, 6th August, the prisoners came into my shop together—I served Fountain with a glass of milk—he paid 6d.—I gave him 5d. change—I had seen Crippen before, but not Fountain—on 7th August Fountain bought a glass of milk and tendered a florin—I gave him three sixpences, and five pence in copper change—I put the florin on the table—no other large money was there—ten minutes afterwards my daughter spoke to me——she showed me the florin in the kitchen—I saw it was bad—I put it on one side, and afterwards gave it to Bryan—we serve customers through a window—on the Tuesday I communicated with the police.
Cross-examined by MR. FRITH. I saw no one with Fountain.
MARY ANN JONES . I live with my mother at this dairy—about 4 p.m. on 7th August Mr. Tuckett came to the window where we serve—he gave me half-a-crown, and I gave him change—I put it on the kitchen mantelpiece—I saw the prisoners together outside at the time—no other half-crowns were on the mantelpiece—my mother afterwards showed me the half-crown—it was had—I took it to Mr. Tuckett—I had seen Mr. Tuckett give change to one of the prisoners, I could not say which—Crippen had been a customer.
Cross-examined by MR. GEOGHEGAN. I put "M" on the florin on Tuesday, August 8th—the inspector put "J," I believe.
JOHN TUCKETT . I am a hatter, at 17, Sutherland Square, Walworth Road—new-laid eggs are sold in the house—on 7th August, about 4 p. m., the prisoners came there—Crippen said "Have you any new-laid eggs?"—he tendered half a crown—I said "They will give me change at the milk shop"—I asked Crippen whether he had smaller change—Fountain was by his side—I went to Mrs. Jones's dairy, the next door but one—the prisoners followed—I got change from Miss Jones, and gave Crippen one shilling, two sixpences, and two pence, and kept fourpence for the eggs—two or three minutes afterwards Miss Jones came round and showed me the half-crown—I took it to the bottom of the street to ask if it was good; I could not tell—I ultimately gave it to the policeman—I identified Crippen from about nine persons—I have not the slightest doubt the prisoners are the persons who purchased the eggs—Fountain said to Crippen, when I served them," Look after yourself," or "Feed yourself. "
ELIZABETH WATKINS . I live at 28, Lorrimore Road—Crippen lodges with me—at 9 a. m. on Bank Holiday Fountain called for Crippen—Crippen came home alone at 2 p. m.—Fountain called for Crippen between 3 and 4—he stayed about an hour—they left together—I saw them again at 6 p. m., when they came in to tea—Crippen gave me two eggs to cook—they remained till 7. 45 p. m.
Cross-examined by MR. FRITH. Crippen paid his rent regularly—he is well conducted—he is in employment; I do not know where—only a small balance is due to me.
FRANCIS BRIAN (Detective P). On 8th August, about 10 a. m., I saw Crippen in the Walworth Road—I said I am a police officer, and shall take you into custody for uttering a counterfeit half-crown to a man of the name of Tuckett on the 7th; also for uttering a counterfeit half-crown on 4th August to Miss Bacon, barmaid at the Duke of Sutherland public-house; also with uttering a counterfeit florin on the 7th, to a person of the name of Jones "—he said "I know nothing about that; the half-crown I recollect passing to Mr. Tuckett, I was not aware it was bad, I am willing to make it good "—I took the prisoner to the station and placed him amongst nine other men; I asked him to stand where he liked; he said "I will stand here"—as soon as Mr. Tuckett entered he said "Good morning, Mr. Tuckett"—I searched him, and found 1l. in gold, 1l. silver, 4d. bronze—I took Fountain into custody at Boyson Road, Camberwell Road, on 9th August, about 10 a. m.—he lives in the Boundary Road—I told him the charge—he said "I know nothing about that; at the Duke I was present when the half-crown was passed, the florin I received from Crippen "—I took the prisoner to the station—he was charged, and he made the same statement—the prisons gave correct addresses.
Cross-examined by MR. FRITH. Crippen was admitted to bail—all the money found on him was good—I searched his lodging—his employer was his bail—he is here.
Cross-examined by MR. GEOGHEGAN. I have seen Fountain's employer, Mr. Cox—he gives him a good twelve months' character—he has entrusted him with money, and found him honest—his father has held an appointment over 30 years—I made a note of what passed on his arrest—he did not use the expression "was passed," I made a mistake—he took 7d. from his pocket.
The prisoners received good characters.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
NOT GUILTY .
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
The prosecutor not appearing on his recognisance; no evidence was offered.
NOT GUILTY .
MR. WILMOT Prosecuted; MR. KEITH FRITH Defended.
JAMES RICHARDSON . I live at 339, Albany Road, Camberwell—I am a sheriffs' officer's assistant—on Saturday night, 12th August, about 12, I was returning home in the neighbourhood of the Albany Road—I had a parcel in my hand—some one struck me on the knee and took my breath away, kept on punching me, put his hand under my chin, and took my watch—I could not halloa—I caught hold of him and held his arms; he punched me with his knees, very nearly threw me down, and ran away with my watch—he was brought back by a police-constable—I charged him with having stolen my watch—it was worth 6l.—he did not say anything then—the chain was lost, and picked up by a witness—I am sure he is the man—this is my watch (produced).
Cross-examined by MR. FRITH. I had come from my place of call—I had been drinking, but I was quite sober—he did not say he did not do it at the station—the robbery was under two lamps at the comer of a mews.
HENRY DERBY . I live at 5, Surrey Place, Albany Road, Camberwell—I saw the prosecutor on this night, about 12. 15, walking down the Albany Road, and I saw him lying on the pavement calling out "Police "—I ran up with Mr. Bates, and asked him what was the matter—I saw the prisoner run into Kennington Lane—I searched about 100 yards from the prosecutor in the direction the man ran—I found and showed him the watch, and he identified it—I gave the watch to the policeman.
Cross-examined by MR. FRITH. I saw no one on the prosecutor—I had to get a light and look about for a watch—the man was 70 yards from me when I saw him running—his back was towards me—I never saw the man before.
JAMES BATES (Policeman P 257). I was on duty in the Albany Road—I saw two men struggling—I saw one fall to the ground, the other, the prisoner, walk towards me—the one that fell called "Murder," and "Police," and the prisoner commenced to run—I ran to meet him—he turned the corner—I saw his hand go and heard something fall—I asked him what he knocked that old man down for—he said he had not touched any one, he had got something better to do—I took him back to the prosecutor—the prosecutor said, "That man has stole my watch "—I told him to follow me to the police-station, and took the prisoner to the police-station—while I was taking the charge Derby brought the watch—I kept sight of the prisoner the whole time—about 4 a. m. I found the glass about ten yards from where I took him into custody.
The Prisoner's Statement before the Magistrate. "I had been at work at Denmark Hill. As I was going home on Saturday night, I went down
the turning to ease myself, and heard cries of 'Police, ' on the opposite side of the street. I ran to see what it was and saw 30 or 40 people and several running on the same side of the road as the prosecutor was. When I got near where the people were the constable ran out and said, 'Halloa, what have you done?' I said, 'I have done nothing. 'He took me back to the prosecutor, who said, 'My watch, my watch, have you got my watch?' I said, 'No; I have something better to do than to steal your watch. '"
GUILTY .— Eighteen Months' Hard Labour.
ADJOURNED TO MONDAY, OCTOBER 16TH, 1882.