CENTRAL CRIMINAL COURT
THIRD SESSION, HELD JANUARY 8TH, 1883.
MINUTES OF EVIDENCE.
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, January 8th, 1883, and following days,
Including cases committed to this Court under order in Council pursuant to the Winter Assizes Act of 1879.
BEFORE THE RIGHT HON. HENRY EDMUND KNIGHT , Esq., LORD MAYOR of the City of London; The Hon. Sir HENRY HAWKINS , Knt., one of the Justices of the High Court of Justice; Sir ROBERT WALTER CARDEN , Knt., M.P., WILLIAM LAWRENCE , Esq., M.P., Sir THOMAS GABRIEL , Bart., Sir JAMES CLARKE LAWRENCE , Bart., M.P., DAVID HENRY STONE , Esq., Sir THOMAS WHITE , Knt., and Sir CHARLES WHETHAM, Knt., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Recorder of the said City; GEORGE SWAN NOTTAGE , Esq., and HERBERT JAMESON WATERLOW , Esq., other of the Aldermen of the said City; Sir WILLIAM THOMAS CHARLEY , Knt., Q.C., D.C.L., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
KNIGHT, MAYOR. THIRD SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, January 8th, 1883.
Before Mr. Recorder.
MESSRS. POLAND and GILL Prosecuted; MR. BESLEY Defended.
THOMAS WILLIAM GILLICK . I am inspector of police, employed at the East and West India Dock Company's premises, at the dock-house, Billiter Street—the defendant was the principal foreman in the ivory and tortoiseshell department, and had been in the Company's service 29 years—being in that position, he was not liable to be searched on leaving the premises—labourers in the Company's employ are searched—on Saturday afternoon, 28th October, about 6 o'clock, I went to the ivory store-room after all the men had left, and in a box there I found nine pieces of tortoiseshell—the tortoiseshell room is on the first floor—these pieces had no business to be in the ivory room—both rooms were under the prisoner's charge—I left the nine pieces there—on Monday afternoon, 30th, I watched at the gate for the prisoner about half-past 4—I saw him come towards me from a van in the yard with a note—he was about 20 yards from the ivory room—it was the duty of the van-man to give me a note—the prisoner took the note from the carman—he said "May I leave this in the box?"—I said "Yes"—I took the note from him, and then he went back again and tried a look that he had already tried before, which he had no occasion to do, to see if it was locked—then he came back and attempted to pass me to go into the street—I touched him on the shoulder, and said "I want to speak to you, Mr. Smith, in the office"—as we went into the office his coat was buttoned up—he pulled his two coats open and his waistcoat, and there I saw two pieces of tortoiseshell in front of him, with his braces over the ends of them—he attempted to to throw them down, but before he could do that I took them out of his hand—these are the two pieces (produced)—I took him into the inner room, and said "Have you any more"—he said "No, that is all I have
got"—I left him in charge of one of the constables, and went back to the box in the ivory room on the ground floor, where I had seen the nine pieces on the Saturday—I found that two particular pieces which I had looked at were gone from the nine, and the two pieces under his coat were the two—these are the other seven (produced)—the two are quite different pieces—after that I returned to the place where I had left the prisoner, and gave him into custody—after he was taken to the station and charged I went with a City officer, Wright, to the prisoner's house at 59, Denton Place, Kennington, where I found the seven other pieces of tortoiseshell, and 24 bird skins (produced)—they are of different kinds, coming from different consignments—there are also some ostrich feathers, some Indian ones, and some from the Cape—the total value would be about 3l. 15s., the two pieces found on him about 10s.—we returned to the police-station with the things, and showed them to the prisoner—he took up the ostrich feathers and these others, and said "I have had these for a long time, some of the bird skins I had given me, some I took from the warehouse," and taking up a large one, he said "This I took from the warehouse," and taking up one piece of tortoiseshell, he held it up to the light, and said, after some hesitation, "Yes, I took that from the warehouse in Billiter Street"—he did not say anything about the other six—before the Magistrate he said something about having his right hand free to sign the board—he would have to sign a board, but I went and looked, and found that he had signed it before he came into the yard.
Cross-examined. I have been there 34 years—there is no mark on any of the articles—they are sent over by merchants in packages—these were at the warehouse; not at the docks—the birds were found at the prisoner's house—there is nothing to indicate that they came in packages—there are seven iron doors at the warehouse, which have to be closed, and the prisoner had to sign that they were closed—the board he had to sign hangs up outside—the box in which I saw the nine pieces on the Saturday was on the ivory floor—I had noticed it before, because I had seen other parcels placed there in this way—he did not put his cans of tea or bottles of ale in that box; he had another box for that—about a dozen men work on that floor—they would not pass the box, it was in a corner—the prisoner had charge of that corner, and the labourers had no business there—they might pass it—I could not say that the box might not have been there for years—it had no lid or lock—it could not be seen in passing; it was in a space at the back, and a gunny bag put to hide it—I believe tortoiseshell comes over in casks—after the prisoner's statement that the tortoiseshell found at his house came from Mr. Frolich, the manager of Messrs. Falconberg and Hessey, I called there—I did not inquire if they had drawn samples of what are called "hoofs" from the docks—hoofs are imported separately, not mixed with the tortoiseshell—this (produced) is a hoof; I got it from the warehouse to show—the prisoner was wearing two coats on this occasion—I am prepared to swear that I saw the tortoiseshell round his body—he did not tell me that he was about to take the carman's delivery note back to the warehouse, and place the tortoiseshell back in the box.
WILLIAM WRIGHT (City Detective). I received instructions to watch the warehouse—about a quarter to 6 on the night of the 30th the prisoner was given into my custody by Gillick, charged with stealing these two pieces of tortoiseshell—I told him the charge—he made no reply—I took
him to the station—the charge was read over to him there—he made no reply—I afterwards went to his house, and found the articles produced—they were shown to the prisoner at the station—I said "Take the birds first; where did you get the birds from?"—he said he had brought some of them from the warehouse, others he had picked up, and some he knew nothing at all about—I said "Where did you get the feathers from?"—he said he had had them in his possession a long time—I then said "Where did you get these seven pieces of tortoiseshell from?"—he said he had brought them from the warehouse in Billiter Street—he picked up one of the large birds, and said "That is one I brought from the warehouse"—I told him he would be charged with stealing the whole of the property—he made no reply.
Cross-examined. I knew he was deaf, but I spoke very loud to him, so that I made him understand—he did not say that he kept the pieces in the box for the purpose of making up deficiencies in weight—he did not say that the feathers were brought by Mr. Fearneaux, who had married his sister.
HENRY JOHN FRENCH . I am warehouse keeper at the East and West India Dock Company—I have charge of the Billiter Street warehouse—the value of the two pieces of tortoiseshell is about 10s., the other seven are about the same; they are not hoofs—they are similar to what we have at the warehouse—these 24 bird skins are from different parts of the world, and would come in different consignments—some of the feathers are ostrich from the Cape, and some are called Paddy from India—we have large quantities of similar feathers in the warehouse from time to time—the total value is about 2l. 15s.—the nine pieces of tortoiseshell ought to have been in the tortoiseshell room on the first floor, not in the ivory room.
Cross-examined. Perhaps 20 tons of tortoiseshell come to the warehouse in a year; that includes hoofs—it is not the custom of the trade to sample tortoiseshell—the birds vary in value from 2d. to 1s. 1d.—it does not happen that there is an excess of weight after sorting tortoiseshell; whatever we receive the merchant has the credit for—the prisoner has not from time to time suggested to me that the excess should be put into rummage sales—he told me there were a few pieces which had been in the warehouse for years, and I gave him instructions that they should be put into a rummage sale, which they were last December, and fetched about 10l.—the prisoner did not tell me he had found these two pieces on a cask there are no marks on any of this property.
The prisoner, in his statement before the Magistrate, alleged that he was about to take the two pieces of tortoiseshell to the box, and that the birds and feathers were given to him.
Witnesses for the Defence.
ALFRED FEARNEAUX . I am steward on one of the Donald Carrie ships—my mother and sister were drowned in the princess Alice, 1878; after that I broke up the home that they had, and I seat some birds and feathers that I had brought home in the course of my voyages to the prisoner's wife—they were ostrich and foreign feathers—I have been in the West Indies and the Brazils, and I have brought them home to my sisters and my wife that is now—these are Cape feathers; they are similar to those I had in my possession—I gave some to Mrs. Smith to take care of—I subsequently married her daughter—I brought some of the feathers
home myself, and my father, who is a steward, has also brought some of the same description and quality of these, and birds also—I have brought home lots of them during 15 years for presents to my friends—I have visited at their places and seen them there.
Cross-examined. My last voyage was to the Cape—I did not bring home any feathers or birds then—I have been backwards and forwards to the Cape five years—I brought some birds from Melbourne in 1877 as presents; not to make money by—I bought them at Melbourne.
MARY COOMBES . I live at 28, John Street, Kennington Road—I am the wife of George Coombes, and am the daughter of Mr. Smith's wife—after the loss of the Princess Alice in October, 1878, we took a house, and Mr. Fearneaux took lodgings with us; some articles were brought to my mother's house, among others some bird skins and feathers similar to these produced—I have seen them at my mother's house when visiting there—I used to help my father in polishing the shell hoofs; the last time was about six years ago, before my marriage.
JAMES DAVID HAWKINS . Mrs. Smith is my mother; she was a widow when the prisoner married her—in October, 1878, Mr. Fearneaux came to lodge with my mother, and several things were afterwards brought to my mother's—I have seen a number of such things as these brought from abroad by Mr. Fearneaux and his father—I have at times assisted the prisoner in polishing tortoiseshell—six or seven years ago.
THEODORE FROLICH . I carry on business at 28, Fenchurch Street with Messrs. Falkenberg and Hessey, commission merchants, exporters, and importers—I have employed the prisoner at times in cleaning hoofs—the last time was in November, 1878—they were sent out to Japan—I never gave him tortoiseshell to clean, only hoofs.
GUILTY. Strongly recommended to mercy. — Six Months' Hard Labour.
MR. GREENFIELD Prosecuted; MR. THORNE COLE Defended.
SAMUEL JOHN ASHTON . I keep a refreshment house at 82, Commercial Street East—early on the morning of 23rd December I was awakened by something, and went into my sitting-room—I was about to strike a light when I heard a rush, and there was an endeavour to pass the door, and I seized the prisoner—I called for my brother, who came down—we got a light, and I left the prisoner in charge of my brother while I went for the policeman—my brother fastened the house up—there is an area in front of the shop with a grating, which is fastened by a chain and a hook—it would be impossible to open it unless there was an accomplice to unhook it on the inside—in the morning when I examined the chain it was hitched—a person could hitch it after he had entered the house.
Cross-examined. I went down the stairs about 12.30 to fetch something—my brother and I were both sleeping on the top floor—I went to bed about 10 o'clock—there were besides in the house five girls, barmaids and waitresses; they are not here—they were up when I went to bed—we close business at 8 o'clock—I was out that evening, and came at 10 o'clock, and went to bed—I left my brother to manage the business—he brought the money upstairs, and put the coppers on the top of the davenport, and the silver in the drawers—we also employ a girl who sleeps out, and on 22nd December we had a lad, Fred Nichols—I discharged
him on the 23rd, and have not seen him since—he is about 16; a good-sized lad—he had been with us about six months—his work was to dean boots, shoes, knives, forks, or anything, and as errand boy—he had nothing to do with opening or closing the house—the prisoner called about 10 o'clock for Nicholls—Nicholls ought to leave at 8 o'clock or before—I saw him there just before 10 o'clock—he had to go out with a parcel—he came back about 7 o'clock—if he had not done his work he would be expected to finish it—he left work about 10 o'clock on this night, as I went to bed—he had not lift work and come back again when I saw him at 10 o'clock—I cannot tell whether he came back after that or not—a person could not lift up the grating from the outside unless the hook was detached—Nichols was discharged because I had a strong suspicion that he was an accomplice—I did not charge him.
Re-examined. I saw nothing of Nichols that night after 10 o'clock—when I caught the prisoner I asked him how he had got there, and he said Nichols let him in—when I repeated that statement at the polite court he denied it—I had no evidence to charge Nichols, at he did not bear out his statement—I and the inspector tried all we could to get something out of Nichols the next morning, and we could get nothing—he has written a letter since, giving particulars.
RICHARD BENJAMIN ASHTON . I assist my brother at this refreshment house—I fastened up the house on the night of the 22nd, and put the lights out—I did not fasten the area up; I had no occasion to go down there—I cannot say whether it was fastened when I came home—it was fastened during the day; if it was unfastened then it must have been done so during the evening—I fastened the house up at 11.30—between 12 and 1 o'clock I was awakened by my brother shouting for me—I ran downstairs, and found him holding the prisoner in the dark—on obtaining a light I recognised the prisoner as being a young man who has called for the lad living with us—while my brother was away for a constable I held the prisoner, and he put his hand into his trousers pocket and pulled out 5s. of coppers wrapped in newspaper which he had taken from the davenport, where I had put four packets wrapped in dark paper and one in newspaper—he put the packet on the cheffonier—when my brother came back he said "What do you do here?"—he said "I came with the intent to rob you"—by the side of the chair on which the prisoner was Bitting till the constable came was a sharp chisel, and on the table was a blunt screwdriver—on the davenport were marks as if the drawers had been attempted to be opened—I went out that evening at 8 o'clock, after the business was closed—I left Nicholls there—I saw nothing of him when I fastened up the premises later.
Cross-examined. I do not know what time Nicholls left his work that evening—he did not come back after leaving his work to my knowledge—my brother saw him there at 10 o'clock, when he came home—I turned the gas out myself—the boots are cleaned overnight as a rule.
Re-examined. I bolted and locked the doors—I saw nothing of Nicholls.
GEORGE COTTON (Policeman M 38). I was called to the house by the prosecutor—I saw the prisoner there held by the last witness—I told him the charge—I searched him at the station, and found on him a lantern and box of matches—a chisel and screwdriver were afterwards
handed me, and 5s. in bronze—I took the prisoner off the first landing, and his boots were on the floor downstairs.
Cross-examined. Entrance could be made by lifting up the grating—it was in its place—I did not examine the house—as far as I could see nothing was open.
WILLIAM HAMMOND (Police Inspector). I was at the station and took the charge; the prisoner made no statement—I afterwards went through the house—I found no trace of anything—the area grating was secured by a chain over the hook as usual.
Cross-examined. I examined all the doors and windows, and found them all shut—there is only the front door, no back door—one end of the grating lifts up—I can't say if it is wrought or cast iron—unless somebody from the inside had opened the door, grating, or window I do not understand how anybody could get in.
Re-examined. There was a letter written to the prisoner—I left it in the office.
SAMUEL JOHN ASHTON (Re-examined by MR. COLE). Nicholls would carry water and coals all over the house—I believe he was sent upstairs once for change—he came into this room where the davenport was—I could not swear whether he saw where I took the money from—I think he knew where the money was kept.
By the COURT. I did not lose any gold.
The prisoner received a good character.
GUILTY. Recommended to mercy by the Jury on account of his youth and of his having been led into it by his accomplice .— Four Months' Hard Labour.
MR. DOUGLAS Prosecuted; MR. KEITH FAITH Defended.
GEORGE SEABROOK . I live at 7, Mayfield Road, Dalston—I am a chairmaker—on Wednesday evening, 6th December, about five or ten minutes to 8 o'clock, I was in the front kitchen with my wife and two or three of my daughters and my little boy—I was cooking a herring, when the prisoner rushed in and said "You b—s—, take that," and I felt the knife—I turned round; the lamp went out—I ran out immediately—I met Mr. Woods outside—I told him I was stabbed, and we went to the police-station—I made a complaint there and was examined by the surgeon—the wound was under the shoulder blade—I feel the pain now—I had on two coats, two waistcoats, and two shirts, and there was a hole through them—it was done with a penknife—I saw the blade in his hand as I turned round, and he was going to hit me again with it.
Cross-examined. I have no one here who saw this assault—I was tried at the Middlesex Sessions for stabbing my wife, and acquitted—the prisoner has caused all this—I was also tried at the Middlesex Sessions on one occasion for stabbing my daughter Laura, and acquitted—I was not locked up for splitting my wife's head with a pewter pot—I cannot tell you; my memory is bad, my head has been knocked about so—the prisoner has knocked my head all to a mummy—I may have been charged before the Magistrate with assaulting my wife, and so would you if you were her husband—I did not give the prisoner into custody for the murder of the policeman at Dalston—I swore to the tool it was done with being his chisel—I said I had seen it on my shelf; I stated that to the
inspector at the station—my wife has complained of my being drunken, and I have complained of her—my family would tell any lies against me.
FREDERICK WOOD . I live at 16, Gay house Road—about 8 o'clock on this evening I heard shouts of "Murder!" and "Police!" and saw the prosecutor running—I went with him to the station—I did not notice anything the matter with him—he said he had been stabbed in the back.
GEORGE MIDDLETON (Policeman N 157). I met the prosecutor near the station—he said he had been stabbed—I took him inside the station and examined him—I noticed that he had been stabbed; I saw a hole through the clothes—I went to the prosecutor's house and saw the prisoner there—I asked him if he had been having a quarrel with his stepfather—he said "No"—I told him his father accused him of stabbing him, and I took him into custody—he had been drinking, but was not drunk—the prosecutor was sober—I found this knife a few nights after on the table at the house.
Cross-examined. I was told that it belonged to a little boy named Alfred Seabrook—there have been a good many rows in this family at different times—the prosecutor came to the station a few nights previous to this affair and saw a chisel and hat, and said the chisel was like one belonging to his son—I have made inquiries, and find there it no foundation for it—he was sober at the time he said this—I have never seen him drunk, only rather excited.
THOMAS BARLOW . I am a surgeon, of 88, Dalston Lane—I examined the prosecutor—he had a small punctured wound below the left shoulder, about half an inch deep—such a knife as this might have done it—the clothes had been penetrated—I saw the wound at the police-court; it was then healing—I do not apprehend any danger from it.
Witnesses for the Defence.
JANE SEABROOK . I am the prosecutor's wife—the prisoner is my son by a former husband—when my husband came in on this night he seemed tipsy—he brought in a herring and began to cook it, and then he began to throw the plates and saucers about, and picked up the paraffin lamp and made to throw it at me, and I pushed him back, and he said he would have murder that night—this knife is my little boy's—my two daughters and the little boy Alfred were in the room—my little boy said "If you don't leave mother alone, I will strike you with the poker"—Alfred is between 10 and 11—I pushed my husband on to my daughter, and she pushed him back again—my daughter and husband are continually fighting—he is continually threatening to murder us—then my husband went out—he said nothing about being stabbed—the prisoner was not in the room at that time—my husband has broken my head open with a pot—I did not look him up because of the children—he has not given me any money for six weeks, during which he has been away from home—he has stabbed me under the shoulder—I did not press the charge, because of the children—I cannot get my living, because I am disabled by this shoulder—that was when he was tried at the Middlesex Sessions and acquitted, because I screened him—the prisoner was living in the house.
took the lamp up to mother—there was a general struggle—the prisoner was not there—my father got hold of my mother; she took the lamp away and pushed him on to the top of me—I fell down, and he on the top of me—he got up and was going on awfully, calling mother all the wicked names he could think of—the prisoner came in and asked what the struggle was, and my father ran out past him.
Cross-examined. The prisoner lived with us.
By the COURT. I did not stab my father, and I did not see it done.
Cross-examined. My sister had my knife—my brother lives with us.
ALICE SEABROOK . I am the prosecutor's and Mrs. Seabrook's daughter—my father came in on this night and said he would have murder, and started picking up plates and saucers, and he picked up the paraffin lamp to throw, and mother pushed him back against the shutter—Laura was at fur work when mother pushed him against the shutter—she got up with the knife in her hand which she used for fur work—it was not my little brother's knife—the prisoner did not come in while my father was there—whoever stabbed him, the prisoner did not.
Cross-examined. He was not stabbed by any one before he went out—he did not complain of anything—I saw no signs of it—I was examined before the Magistrate—I did not say before to-day that my sister had a knife in her hand.
NOT GUILTY .
172. CHARLES THOMAS GIBBS (17) PLEADED GUILTY to stealing whilst employed in the Post-office a post letter containing jewellery, the property of Her Majesty's Postmaster-General; also six other post letters.— Five Years' Penal Servitude.
173. REBECCA MARY ANN BURRELL (20) to forging an endorsement on a bill of exchange. Also to stealing whilst employed in the Post-office a post letter containing two postal orders; also to forging and uttering an endorsement on a postal order for the sum of 20s.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
175. JOHN DONOVAN** (19) to stealing a purse, four railway tickets, and 4l., the property of H. H. Howard; also to a conviction of felony in February, 1880.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.] And
176. GEORGE STUCKEY (36) to stealing two fowls, assaulting the police, and to a previous conviction of felony on 28th December, 1880. — Fifteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, January 8th, 1883.
Before Mr. Common Serjeant.
GOODWIN PLEADED GUILTY.
MESSRS. CRAUFURD and LLOYD Prosecuted.
CAROLINE NEWTON . My husband keeps a sweetstuff shop at 70, Pritchard's Road, Bethnal Green—on 9th December, about 12.30, I sold Goodwin a pennyworth of rock; he gave me a half-crown; I gave him two shillings and five pence change and he left—Doughty came in almost directly—I gave him the coin, and he went and brought Goodwin back.
into Newton's shop and Brown stood twenty yards off watching—Goodwin came out, joined Brown, and they went away—I went in and spoke to Mrs. Newton—she gave me a bad half-crown—I then followed the prisoners; they saw me and walked fast—Brown has a wooden leg—I followed Goodwin down Duncan Street and through some gates to a refuse heap, where he leaned with his hand on a wall—I took him, and told him it was for passing a bad half-crown—he said that he did not know anything about it—I took him back to the shop, where he said that he took the half-crown for some work, and did not know it was bad—3 1/2 d. was found on him—he gave his name James Herriott—he was taken before a Magistrate that day and remanded till Tuesday, the 12th, when he was discharged about 12.15—he was re-charged on the Thursday, after which I went by the Magistrate's order with Grisley to the spot where I took Goodwin.
WILLIAM GRISLEY . I am shop boy to Mr. Dunn, a cabinet-maker, of 6, Derby Road—the back of the workshop is in Duncan Square, where there is a heap of rubbish against the yard wall—on 12th December I found two coins on that rubbish heap, and gave them to my matter, who put them on the fire, and they melted in about a minute—I afterwards went back to the heap and picked up twelve more coins separately wrapped in paper—I pointed out the place to Doughty.
SAMUEL H. DUNN . I am a cabinet-maker, of 5, Derby Road, Dalston—on 12th December, about 10.30, Grisley, my shopboy, gave me two-half-crowns—I found they were bad, put them on the fire, and they melted in about a minute—Grisley went out again and brought in twelve coins wrapped in newspaper with the paper between each—I sent for the police—the heap is in an enclosure belonging to the shop—there is a gate and a wall—the gates were not left open; he went through them—he could not get in any other way unless he climbed over the wall or went through the shop.
GEORGE CARRE . I am 9 years old, and live in Newman Street, Oxford Street—on 11th December, about 3 p.m., I saw Brown in Newman's Passage—he gave me a half-crown, and said "Go and fetch me a penny egg on this side of the road"—I went to a milk shop, asked for the egg, and handed the half-crown to the lady who was serving—she gave it back to me, and I took it to the Cambridge public-house without seeing Brown, and the manager went out with me—I went up to Brown, who said "Where is the change?"—Mr. Wright caught him and took him back.
Cross-examined by Brown. I did not ask you if you were the man who gave me the money.
WILLIAM WEIGHT . I spoke to the boy and went out behind him—I followed him to Newman Passage, but the man had gone—he went on and said to Brown "The man at the Cambridge wants to speak to you," and I went up and said "Are you the man who gave the boy the half-crown?"—he said "No; you have made a mistake"—I said to the boy
"Are you sure?"—he said "Yes, because he has a wooden leg"—I gave Brown in custody with the half-crown.
Brown's Defence. I never saw the boy till he came up and said "Are you the man who wants change?" I met the man and spoke to him, but did know what he had.
BROWN**— GUILTY on the First and Fourth Counts. — Twelve Month's Hard Labour. GOOD WIN**.— Eighteen Months' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted; MR. GEOGHEGAN Defended.
THOMAS WILLIAM TAYLOR . My father keeps a china shop at 84, Caledonian Road—on 4th December, about 8.30 p.m., I was standing at the door, and the prisoner and another woman came up—the prisoner walked on, and the other woman picked out three plates, which came to 6d., and gave me a half-crown—I gave her two single shillings change, and she went up the Caledonian Road—she afterwards came back with the prisoner and bought a basin for 3d.—she gave the prisoner a half-crown and the prisoner gave it to me—I showed it to my mother, who broke a piece out of it—I got a policeman, came back, and found the prisoner in the shop, but the other woman had gone.
Cross-examined. The other woman was much older than the prisoner; both the coins came from her—I had to go 100 yards to the station and 100 yards back—after the prisoner went into the shop the other woman hurried off.
HANNAH TAYLOR . I am the mother of the last witness—on December 4th he brought me a half-crown, and I saw two women—one chose some plates, and my boy brought me a half-crown, and I gave him two separate shillings and laid the coin on the board—I had no other half-crown—very soon afterwards the boy brought in another half-crown—I tried it with my teeth, and took a piece out of the edge—I saw the two women looking in at the window all the time, and my boy and my husband called the prisoner into the shop—I said I must detain her because it was a bad half-crown—she said she knew nothing about it—I then looked at the first half-crown, and found both were bad—I asked a neighbour to stop with me while the boy went to the station, and then gave the prisoner in charge.
Cross-examined. She did not try to get away because I had somebody standing at the door—she came in readily when the boy asked her.
EDWARD GUDGEON (Policeman Q. 245). I took the prisoner and received these two half-crowns—when the charge was taken she said "I went up the Caledonian Road to buy a dish; I gave her the 2s. piece and half-crow; they then asked me to come into the shop and sent for you"—when the charge was read over she said "I was not aware of what I had given"—the female searcher gave me a good half-crown and a good sixpence.
Cross-examined. I did not hear her say "I am quite innocent"—I must have heard it if she had—she has been seen by different detectives, and has not been identified—t was sober.
Cross-examined. I don't think she had any pocket—she did not say that a gentleman gave it to her.
NOT GUILTY .
OLD COURT.—Tuesday, January 9th, 1883.
Before Mr. Justice Hawkins.
The Grand Jury having ignored the bill, MR. POLAND,for the prosecution, offered no evidence on the inquisition.
NOT GUILTY .
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. BESLEY
EMMA ANNIE MARGARET EVERETT . I am the prisoner's wife—we were married in 1875—up to November last we lived together, at 72, Ferntower Road, Islington—we had lived there about three years and eight months—before 8th November there had been a female visiting at our house—she was a young woman about 20 years of age—I made a discovery with regard to my husband and that young woman—in consequence of that discovery I went to an hotel in Craven Street, Strand—I had found certain hotel bills, which led me to go there—in consequence of the result of those inquiries, on 8th November I spoke to my husband in the presence of Mrs. Strahan, a neighbour, who lived two doors off—I said that I had proved some bills against him that he had been to this hotel—I showed him a copy of the bills, and a card, and I mentioned the name of the girl with whom I had traced him to this house—he said he had been indiscreet, and it should not happen again—I said I would forgive him, and forget it, if he promised me that he would not do so again—I said I would tell his father if he did se—he said "I will kill you if you do"—nothing further passed then—I made it up with him, and kissed him—he said he would behave better to me in future—he was in his father's employment at this time—he is a newsagent—three or four days after I found that he was still going out with the girl, and I said it was a shame of him to do so, after he had made me a promise not to do so—he said "It is an untruth, I do not go with her, and I have never seen her"—I said "You do, I know"—he said "I do not"—about a week after I accused him of having a ticket to Acton, where the girl was employed—I said he was going early to go to that girl at Acton—he denied it—he said he was going to the City to work; he had to be there early—I said nothing more then, nor before the 28th—on a Sunday morning between the 8th and the 28th he struck me on the face with his hand—that was not in consequence of anything that happened with regard to this young woman—I sent in for Mrs. Strahan—he said in her presence that I was lazy, and did not keep the house nice; he was sick of it, and he would go out, and he went out—he came back to dinner, and was very kind indeed, and we
made it up—he has struck me on other occasions in the presence of Elizabeth Gardner, the servant—I used to sleep in the front bedroom—my husband slept in the spare bedroom at the back on the same floor—the servant slept a few stairs down, almost on the same landing—my husband, myself, and the servant and my child in the cot were the only persons who slept in the house—the cot was by the side of my bed—my husband had slept in the spare room for some weeks, because he had to get up very early—on Monday night, 27th, he remained with me in my room before he came to bed—he was in the room for about an hour and a quarter or an hour and a half—he was standing by the child's cot—he was not talking to me; he was watching me; I was lying in bed—he afterwards came to bed—next day, Tuesday, 28th, he went to business in the ordinary way; he returned to dinner at a quarter-past 6—I was at home—we had dinner—after dinner he fetched some whisky—he said "I want some; I had no sleep all the night before, neither did you, and you must have some as well"—we both had some whisky and water—we were then on friendly terms—we remained together till the servant came home about 10; she had had a holiday—we then went to bed—the child was in the cot; it is 5 1/2 years old—it might have been about five minutes past 10 when I went into my room—while I was undressing my husband came into the room; he was partially undressed—he said we should not want the quilt on, it was too hot, and he helped me to turn it back—he then went downstairs or into his room, and in the meantime I Undressed—he returned in about five minutes, still partly undressed; I was then in bed—I think the gas was rather high, and he turned it down—he came and stood by the child's cot again and told me to go to sleep—I asked him what was the matter with him; he said "I have the diarrhoea"—I said "Poor fellow, I am so sorry;" he said "Never mind, I shall be all right"—he said "Do go to sleep, I shall not disturb you, I shall not interfere with you"—he then leant over the cot, and said"Mag, you forgive me, don't you?" I said "Yes, Will, darling"—he then kissed me, smoothed my hair back from my forehead, and took the clothes from my mouth, and said "You get so hot, you will sleep better"—he again told me to go to sleep—I think he left the room then, the last I saw of him—he came back again in about a minute, and stood by the child's cot again; he did not shut the door after him, it was open—the cot was close to the bed—I saw his right hand behind him—my eyes were partly closed, he thought I was asleep—I then heard a tremendous noise, and felt blood pouring down my face—I held my hands to my head and shrieked—I groped my way out of bed; there was no one in the room then—the child was gone—the bedroom door was shut—I went out on to the landing—I saw the servant standing outside her bedroom door with my child—I heard the hall door slam, and directly after I heard a knock at the door—I said to the girl "Don't go"—I afterwards went down in my nightshirt and heard Mrs. Strahan outside, and after speaking to her I opened the door and let her in, and then I went with her up to the servant's room—I there lay down on the bed till the doctor came—the doctor came in about five minutes with my husband—the doctor attended to me—a few minutes afterwards my husband said to me in the doctor's presence"Mag, how can you say I have done this?" I said "May God forgive you, you stood by my child's cot and did it"—he made no reply to that—he went downstairs—I saw nothing more of him that night—I
have been under the doctor's care until recently—I was first allowed to attend before the Magistrate on 20th December—I was conscious all this night—I was not aware that there was a revolver in the house—my husband had a box in the spare room; it was always locked, and he kept the key—I afterwards saw the box searched by the inspector, who found 45 cartridges—the key was then in the box; I don't know how the key came there—it is not true that I inflicted this injury on myself—I had never attempted to commit suicide—when I found a pocket-book with entries relating to the girl I said I was so annoyed I should like to fill the bath and drown myself—that was last September—on one occasion poison was mentioned; I don't remember the date—he said if I would take poison he would willingly buy it for me—that was after September—I did not say I would take poison—I think he said it in temper—this letter of 1st December written to Dr. Stevens is my husband's writing.
Cross-examined. Our marriage took place about six and a half years ago—my family is a Hampshire family—my husband was educated to a certain extent and trained for the medical profession—I made his acquaintance at Basingstoke—he was studying there with a Dr. Inman as "a coach"—my family were friends of Mr. Inman—the engagement took place soon after—my husband's father is about 60 years of are; he is a gentleman I highly esteem—I do not know that my husbands mother died from brain disease—the woman I allude to first visited at our house on 17th June, 1882—until then we had been very happy indeed-my husband introduced her to me—she visited us for some time on perfectly amicable terms with me—she lived in the neighbourhood, and went to the same church as my husband—I did not go to that church; I had been there two years ago—he has taken his little girl with him to church once or twice-the woman only visited us for about a month; she was only a visitor; she never slept in the house—her parents live in the neighbourhood—I did not know them at first—I first upbraided my husband about it on the Bank Holiday in August—I was told in his presence that he was seen at Acton Station with her—I said I would not believe it of him; he said he did not care what I believed; it ended there—from that time I have at intervals upbraided him with his alleged intimacy with this woman—until I went to the hotel in Craven Street I was satisfied by his assurance that there was nothing improper—he assured me after that that there was nothing improper between them—I went with the girl to her house, and saw her mother—I did not make any disturbance there—they told me it would be best for me to be dead and buried-the mother said she believed her daughter, that she had never told her a He, but not me, as I was a jealous woman—she did not say she would go for the police if I did not behave myself—I shook hands with her when I came away, and I said I was sorry if I had accused her daughter wrongfully—that was in September, the day I came from Brighton-the next night my husband went to see the girl and her mother—he was there an hour, and I went after him and left him there—ever since this acquaintance with this girl I have been very miserable: my husband has not seemed so—I stated at the Police-court "Up to the time he knew this girl he had been the best of husbands and a good father"—I meant up to the time he knew this girl—I also said that I really thought he was mad on the night of this occurrence, because I did not believe he would do such a cruel thing-what he said about the
poisoning was more in temper than in earnest—he said once that rather than put up with what he did he would do away with himself—I suppose he referred to my speaking about the girl—I spoke to him frequently about his conduct with the girl, and he did not like it—I do not know that he has said the same things to persons in his father's employment—our first occupying different rooms was owing to my husband going out early—he slept in the spare room so as not to disturb me and the child—I think that was about May; it was the very hot weather in the summer—that was before the suspicions arose with regard to the girl—he occasionally slept with me—I suggested he should go back to the spare room because I knew he was going to Acton with this girl in the morning—I believed him when he took his oath that there was nothing wrong between him and the girl, but I found he had made a false oath—he did not go to his father's business early in the morning; he had never been used to do so—I do not mean he would be going to Acton when he got up at 4 or 5 o'clock in the morning—my husband was in bed with me on Monday night, 27th November—he did not sleep; he was out of bed two or three times during the night, and he went very early in the morning—he asked me if I would mind his going, and I said "No"—he complained of diarrhoea in the night, not in the morning—on Tuesday, the 28th, he went out and bought the whisky; half the bottle was not consumed; he had three small glasses—I was reading in the breakfast room, and he asked me to put down the book and talk to him—that was before the servant came home, before we went upstairs—it is true we had no words; he was very good that night; he was holding my hand—after we were upstairs he said he would not interfere with me, and called me "Mag," and he said he was afraid he would have to go downstairs with the diarrhoea—I said "Poor fellow, I am sorry," and hoped he would be better soon—he said "I dare say it will be all right directly"—we were on the most affectionate terms then—I took his hand and fondled it, but he drew it away—I did not see him kiss the child in the cot; he kissed me—I did not hear him muttering about poor little thing, it was the last time he should see it—the last words I said were, a minute or two after the doctor came, "May God forgive you, you stood by the child's cot and did it"—he was removed from the house in custody the same night—Mr. Stevens did not read that letter to me; I knew he had it when he showed it to me at the Court—I had no message of affection or anything else—I wrote these papers from some other paper after I had been to Craven Street, and then I had the interview with my husband in the presence of Mrs. Strahan—I told him I had copies of bills issued by Bearnett's, in Craven Street, on 14th and 30th October: "You have been there with a girl"—he said "I have been there," and that nothing improper had taken place.
Re-examined. I copied the bills from the original bills, which I found in my husband's bag, and which I put back there—I also found this card there: "Barnett's, Craven Street;" it is a private hotel—I did not see the original bills again—I have no vindictive feeling against the prisoner, and I recommend him to mercy—I told him he had been very extravagant in having four dozen oysters at 12s., and 4s. 6d. for champagne, and 10s. 6d. for apartments, and 12s. 6d. for luncheon—he never slept away from home during October.
prisoner's service, which I entered on 16th August last—I was their only servant—I was 18 last month—in the early part of my service quarrels took place between the prisoner and his wife—on 28th Nov. they went to bed a little after 10 o'clock—I went to my room, the back room on the first floor, and shortly after I heard the report of firearms—I jumped out of bed, ran to the door, and saw Mr. Everett coming downstairs with the child in his arms—he gave the child to me and said "Here, don't go, Mrs. Everett hat shot herself; I must go for Dr. Stevens"—he gave the child to me and went downstairs—shortly after Mrs. Everett came down to my room; she was bleeding from her forehead and in her night-dress——I don't think the prisoner had his coat on when he pasted me, in other respects he was dressed—she said something to me—the prisoner came back with the doctor.
JANE STRAHAH . I am the wife of James Strahan; we live at 68, FernTower Road, two doors from the prisoner—I have known Mr. and Mrs. Everett in the neighbourhood two or three years before this sad occurrence—on 8th November Mrs. Everett showed me some bills and a card with reference to Craven Street, and I was present on the same day at a subsequent conversation that took place between Mrs. Everett and her husband on the subject of the card and bills—I knew a young girl who had been in the habit prior to this of visiting at Mrs. Everett's—this (produced) is a photograph of her and the prisoner—on the night of 28th November I was at home at half-past 10, and heard what we thought was an explosion of gas—I ran into the street and heard screams proceeding from Mrs. Everett's house—I ran to the door and met the prisoner—he said "Maggie has shot herself, I am going for Dr. Stevens;" he then went away down the street—I knocked at the door, which was shut—Mrs. Everett said something from the inside, and then opened the door—she was in her night-dress, with blood pouring down her face—I took her upstairs to the servant's bedroom, where the servant and the child were—a policeman came, and the prisoner, and Dr. Stevens—I went with Dr. Stevens into the room where Mrs. Everett had been in bed at the time she was shot—I saw a quantity of blood on the pillow and bidclothes—there was one place on the pillow-case much darker—I think that was blood, I don't know what it was—I took possession of the pillowcase—I saw the doctor pick a bullet off the floor.
Cross-examined. I had known Mr. and Mrs. Everett as neighbours for about three years—I was on friendly terms with them; only as neighbours—I cannot say if they lived on affectionate terms until the matter about this girl—I don't remember the date when Mr. Everett fetched me in, and said his wife had been insulting this girl by suggesting she had been guilty of impropriety—it was in August—she had been received by Mrs. Everett as a visitor several times between 7th June and 8th August.
GEORGE STEVENS , M.R.C.S. I live at 1A, Newington Green, a short distance from the prisoner's house—it would take about a minute to get there—I knew the prisoner and his wife slightly—I had attended them on one or two occasions—on Tuesday night, 28th November, the prisoner came to my house about 11 o'clock—the bell was rung violently, I went out, and found him at the door—he said "Come down to Mrs. Everett immediately, she has shot herself," or words to that effect—he was very excited, but quite sober—I at once went with him—on the way he said
"This is not the first time this has occurred"—that was all that passed till we got to the house—I went upstairs at once to the servant's bedroom, where I found Mrs. Everett in her nightdress bleeding from a bullet wound in the forehead on the left side—I put a probe in, and found there was an entrance and an exit wound; it had gone under the skin; it was about half an inch from the middle line, and had made its exit just under the hair—the bone was exposed and roughened—I should call it a grooving or starring of the bone—on the edges of the wound in front were marks or pellets of unburnt gunpowder, which had penetrated the skin round the entrance of the wound; from that I thought the weapon must have been held quite closely—within three inches I should think—I should not like to swear it was not two or three feet off—I dressed the wound, and had her put to bed in the servant's room—it was a dangerous wound—for a month or five weeks her life was in danger—on 5th December I took a small piece of lead from the wound—I believe she first attended before the Magistrate on 20th December—I believe she is now out of danger—after I had put nor to bed on that night I went upstairs to the front bedroom and examined it—I searched for and found this bullet (produced) very much flattened on the carpet, about three yards from the stained pillow case on the left hand side of the room as you enter—I also produce the little piece of lead I took from the wound—the pillow case was stained with blood, and there was a black stain, a smoke stain, on it, and the upper part of the clothes were all over blood—I received this letter from the prisoner from Clerkenwell Prison, and produced it before the Magistrate. (This contained a request to Dr. Stevens to assure his wife that what had occurred was an accident, and that there might still be a happy life before them.)
Cross-examined. I believe application was made to admit the prisoner to bail—I did not allow his wife to go to the Court till the 20th—I am a general practitioner—I did not examine the wound with a microscope—I have not opened one of the cartridges found in the box—we looked, and found no trace of the shot on any piece of furniture, or on the wall—if I had it would have guided me as to the direction in which the pistol was held—it was found about three yards off—it was the opposite side of the bed to the cot—it is not a heavy cot; it is an ordinary child's cot—I was not present when the pistol was picked up.
CHARLES BREWER (Policeman 492). On Tuesday night, 20th November, I was on duty in Petherton Road, Islington—I heard screams in the neighbourhood of Ferntower Road—I went in that direction, and saw a crowd outside No. 72—after knocking at the door two or three times it was opened by a man—I went upstairs to the second-floor back room, and there saw Mrs. Everett standing' by the bedside bleeding from a wound in her forehead, and her nightdress saturated with blood—I called in another constable, who took charge of the prisoner—I then went into the room described to me as their bedroom—I found this revolver on the floor under the child's cot, near the bed, under some ladies' clothing—it is a five-chamber revolver; one chamber had been discharged, the other four were loaded—I was present when the prisoner arrived from the doctor's—Mrs. Everett said "Oh, Willie, you did this"—I did not hear him make any answer—before I found the revolver the prisoner said to me "Have you found the revolver?"—I said "No"—afterwards, downstairs, he said "Are you bound to detain me?"—I said "Yes, I must detain you until the arrival of the inspector"—he said "As long as I
know I am under your charge"—the inspector then arrived—I told him what had occurred, and handed over the revolver—the prisoner said "Do you mean to accuse to accuse of doing this?"—the inspector said "Yes" he was then cautioned in the usual way, and taken by me to Dalston station—he there said "Who makes this charge?"—the inspector replied "It is made on prisoner's wife's statement"—he said "I did not know if it was the police or my wife."
Cross-examined. When he came with the doctor he was in his slippers—he had a shorts jacket on; it was buttoned up—I could not see whether he had a waistcoat on—when I said I had not found the revolver he said "It must be there," and assisted me in searching for it.
JOHN TAVERNER (policeman N 404). When Bewer was upstairs the prisoner was downstairs with me—he said "I was not aware that my wife knew of my keeping a revolver in the house; I always kept it in a private box, which I kept locked, and always carry the key in my pocket; she must have got one from somebody else to get at it. I heard the report of firearms, and seeing my wife rush out bleeding I left the house and went for a doctor."
Cross-examined. I told him he would be charge with attempting to murder his wife by shooting—he said "Do you mean to say that I shall be accused of this?" I said "Yes"—after the charge was read to him I told him it was made on his wife's statement; he said "I did not know if it was by the police or by my wife"—he than said "Sooner than she should think she had attempted her life I will incriminate myself"—he said at the house "I will swear I never did it."
MR. BESLEY. in the course of his address for the defence, alluded to an assertion by the prisoner that he had contemplated suicide and had made preparations for so doing. MR. JUSTICE HAWKINS. interposing, said: "Counsel for a prisoner cannot in his speech be permitted to state matter of fact not in evidence nor proposed to be proved by evidence, but only alleged by Counsel to be instructions from and assertions by the prisoner himself. The rule formerly rigidly adhered to by many Judges was that a prisoner who had the services of counsel to defend him could not be allowed either to speak for himself or to make any statement of fact. That yule, however, has for some years past been considered by, I believe, most if not all the judges, to be a hard yule. And it has been modified to this extent, that although a prisoner cannot have Counsel to speak for him and also make a speech for himself, he may make a statement of such facts as he relies on for his defence, but he must be strictly confined to such statement. If a prisoner avails himself of this privilege to state new facts, the Judge has, in my opinion, a discretion as to allowing the prosecuting Counsel to reply, not generally on the whole case, but only on the allegations of fact introduced by the prisoner. I desire to lay down no general rule as to the time when a prisoner's statement of fact should be made; my own opinion is that it is discretionary with the Judge to determine whether it shall be before or after the Counsel's speech. In the present was I will permit the prisoner to make any statement of fact he may desire to make at once, before his learned Counsel proceeds with his address."
Prisoner. It was myself I intended to injure, not my wife. That is all I have to say.
GUILTY. on the first Count. Strongly recommended to mercy by theprosecutrix.— Fifteen Years' penal Servitude.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
The letter in question, read in the opening, was as follows:—"19, Wilson Street, Gray's Inn Road, 1st December, 1882. Sir,—The professed head of Liberalism, what benefit are you to the country? Liberal indeed to those who are not in want; but under your Liberal guidance in what state are the hard-working classes of the country? Hundreds and thousands about the streets actually starving, but willing to work for a very small pittance. If I should over come across you or the Prince of Wales, or any such who are petted with their thousands, wherever it happened to be, would have a rough time of it, for I would not stand particular what I would do, so take this warning, for I don't care. J. J. Crunden."
MR. JUSTICE HAWKINS was of opinion that this letter did not contain such a threat as would come within the meaning of the Statute or support the terms of the indictment, and directed the Jury to find a verdict of
NOT GUILTY .
NEW COURT.—Tuesday, January 9th, 1883.
Before Mr. Recorder.
MR. LYON Prosecuted; MR. FLLLAN Defended.
SARAH BERRY . I am a widow and am a stamp and seal engraver, at 36, High Holborn—the prisoner is my husband's sister's son, and was 18 last July—when his father died, seven years ago, I took him into my house and gave him board, lodging, and pocket-money; and since June last I have paid him 14s. a week—his duties were to keep the books and take care of the shop—I cannot see very well and am not very accomplished as a bookkeeper—I paid the petty disbursements from what I received in the business, and when I had not sufficient I used to pay it out of my private purse, and tell Aitken, who entered it in this book (produced), and what I received as well—it has "Receipts" on one side and "Paid out" on the other—it was added up every week—if we had not time on Saturday when the place closed I used to settle it on the Monday and take what was due to me—each week I deducted the amount paid from the money received—we used often to let it go two weeks; I did not sign a cheque till I really wanted it—I sometimes signed cheques in blank and Aitken filled them up, and the amount was entered in the book—I used to examine it, and he would say "There is so much for you to have and so much for you to pay in"—here is 6l. 19s. 5d. on one side and 6l. 10s. 11d. on the other, in Aitken's writing—the body of this cheque of October 27, 1882, for 6l. 19s. 5d. is in Aitken's writing, and I believe I received that from the prisoner—the amount in the next week is 6l. 10s. 11d., the two weeks making 13l. 10s. 4d., and this cheque for 13l. 10s. 4d. is Aitken's writing, but I only received the 6l. 10s. 11d.—this cheque, in Aitken's writing, for 6l. 10s. 11d., dated November 3rd, and drawn from the bank on
November 18th, represents the same amount as I had in the book the last week, but I never received the amount—I never received more than 13l. 10s. 40d. for those two sums—this 5l. 4s. 3d. on November 10, and 11l. 12s. 9d. on November 16, in the cash-book, are in Aitken's writing, and I received this cheque for the amount of them, 16l. 17s.—on December 5th I received an intimation from my bank that my account was overdrawn, and I spoke to the prisoner—he went out for a few minutes, came back, and said that he could not find the passbook—it never has been found, and the bank supplied this copy of it (produced)—I find in it an entry on 18th November of a cheque, in Aitken's writing, for sundries, 11l. 15s.2d., but there is no entry of that in the cash-book—the counterfoil of that cheque is in Aitken's writing; it is for sundries—no such sum was due for sundries—I never received a penny of that sum—all the counterfoils of the cheques up to that date are in his writing—I asked him on 6th December what it meant—he said "I don't know, you must have had it"—I said I have not had any since the 20th, and I never signed a cheque before the one for 10l."—he said "Who do you think had it?"—I said "You, of course; I have had none since the 16l. 17s. up to December"—this is the counterfoil of the cheque for the 10l. which I received; it M in Aitken's writing—with that exception I received no other money—he had no authority from me to fill up this cheque, and I don't believe I signed it—he had no authority to fill up cheques on those three dates for more than the 13l. 10s. 4d.—I have had no more than what was due to me by the books.
Cross-examined. The prisoner has helped in my business for five years and has managed it about three years—I gave him no salary till six months ago—I then gave him 14s. a week and ceased to board and clothe him—he might have bad a great deal more if he had dome his duty—the bank sent me the new pass-book a week or nine days afterwards—it was in December, and I then examined my books with it—I charged him before the Magistrate on 7th December—I will not swear that the signatures to these cheques are not mine, or that they are; they have been made too much like mine—I drew cheques for what was due to me by the book; he told me what was due to me, and drew a cheque and brought me the money—what I received from him from the hank is in the cash-book—I never received a sixpence without telling him, and he would enter it; but if it was Saturday and I had Dot time, I kept it till Monday before I told him—he has never reminded me of money which I have received and forgotten—I have not so bad a memory as he has—I said before the Magistrate "The prisoner may have had occasionally to remind me that I have received sums of money which I have forgotten, but that has not happened frequently, and they were trifling sums, never exceeding a sovereign"—I never forgot any large sums, and very seldom small ones, and that was when money was paid down when the order was given—the surplus money I received from the bank was never put down—I generally keep from 10l. to 20l. in my private purse—I had other disbursements to make-when I taxed the prisoner with the 11l. 15s. 2d. he said that he must have pad it—I did not tax him with the other money; I did not know of it—I remember losing a 10l. note, and paying a man to look for it, who found it—I
did not accuse him or any one of robbing me of it—it was not lost a minute before I missed it—as to my accusing my servant of stealing a key, I believe the prisoner put it under her pillow. (The Prisoner: I saw you do it.) As to my discharging her, she went away and got married—the prisoner said three years afterwards that he saw me put the key under her pillow—I lost a half-sovereign and it was found under the girl's pillow, and the prisoner said that he saw me put it there—he knew her guilt too well—he has not had to remind me that I have had to receive things.
Re-examined. I asked him when he had paid me the 11l. 15s. 2d.—he said he could not tell; it might be before the 18th, and it might be after, although it was only five days before—I had to turn him out of my place once or twice, and each time I have forgiven him and taken him back—when I had time I went to the bank myself to cash cheques—I cashed the 16l. 17s. cheque myself, but none of the others.
The COURT considered that as the prisoner did not receive the money from the bank in his capacity of a servant, but on forged cheques, there was no embezzlement.
NOT GUILTY .
JAMES BROUGHTON . I am cashier at the Holborn Branch of the London and County Bank—I have known Mrs. Berry's signature nine or ten years—I paid the cheque on 1st December, not having the slightest doubt then or now that it is Mrs. Berry's signature.
WILLIAM BROWN (Detective E). I heard Mrs. Berry ask the prisoner when he handed her the money for this cheque for 11l. 15s. 2d.—he said "I do not remember, but there was a man in the shop at the time"—I took him in custody.
Cross-examined. He said "Yes, I filled the cheque and had the money, and handed it to Mrs. Berry, as I am in the habit of doing."
NOT GUILTY .
NOT GUILTY .
185. WILLIAM HARVEY (23) PLEADED GUILTY to stealing a coat, the property of Charles Robert Ackland; also to four other indictments to stealing five coats, two pairs of gloves, and other articles.— Six Months' Hard Labour.
187. THOMAS FORSTER was again indicted for unlawfully obtaining by false pretences eight pieces of cloth of William Butterworth, with intent to defraud. Other Counts for obtaining other goods from other persons.
MR. H. AVOBY Prosecuted.
Homeford, Yorks—in May, 1881, I made arrangements with the prisoner to sell goods on commission for me—on 24th May, 1882, I received this letter from him. (Dated 23rd May, 1882, from Thomas Forster and Co., acknowledging the receipt of patterns, and enclosing order for 12 pieces to be sent to Joseph Hobson, of 10, Honey Lane Market.) I also received this letter. (Dated May 26th, 1882, ordering cloth by numbers of the samples, to be sent to Joseph Hobson. Signed T. FORSTER.) I sent on the 25th eight pieces of cloth, value 52l. 12s., to Joseph Hobson, 10, Honey Lane Market, and three pieces on June 3rd, value 17l. 14s., and three pieces on June 5th, value 12l. 10s. 9d.—I then received this letter. (Dated June 8th, from Thomas Forster and Co., expressing surprise at Mr. Hobson not being trusted, and stating that he did not wish for credit, and was only occupying part of Forster and Co.'s office till he could find one more suitable.) On 13th June I received another letter, giving the numbers and description of goods—I enclosed two patterns, and on 15th June I sent eight pieces, amounting to 50l. 3s., and on June 29th, two pieces, 13l. 2s. 3d.—I heard something from the carriers, and then received this letter of July 1st, after receiving notice that the prisoner was going to remove. (From the prisoner to the witness, stating that Mr. Hobson's goods were not delivered because his name was not on the doorpost.) On September 2nd I sent Mr. Hobson three pieces of goods value 18l. 12s. 6d. making 36 pieces altogether, value 164l. 13s. 6d.—I never heard anything about those goods not being delivered to him or of them being pawned, till I came to London in November—I applied to Hobson for payment more than once in October, but got no answer from him, and I then wrote to the prisoner and received this letter. (The postscript of this said "With respect to Hobson, our chief business is done in the country and he is at present from home, no doubt your account will be attended to on his return.") I wrote several times between then and the beginning of November, but never got any letter from Hobson—on 3rd November I came to London and saw the prisoner at his office, 3, Red Lion Court—I saw no name of Joseph Hobson on the doorpost (I had been to 10, Honey Lane Market early in June and saw no name up there)—I asked where Hobson's private house was—he said he did not know—I asked whether he had a banking account—he said he believed not—I asked whether Hobson had been in the country ever since 11th October—he said "Yes," and they expected him to return in a week—I told him it looked as near like a swindle as anything I ever had to do with, but he promised to be guarantee for the debt, and I left him—alter that I kept mentioning Hobson in my letters, and on 23rd November, in consequence of what came to my knowledge, I came to London again and saw the prisoner at his private address, Buccleuch Cottage, Spring Road, Clapton—he said "I suppose you want to know where the goods are?" and I said "Yes"—he called his son and asked him to produce those tickets, and he produced these 17 contract notes, and two tickets, and alleged previous business difficulties which he was trying to clear himself from—I said I could not tell what course I should take; I should have to think it over—a few days afterwards I placed the matter in the hands of my solicitor—I neither saw nor heard of Hobson till the case had been twice at the Police-court—the prisoner was arrested in December on a warrant, by my instructions; but before that I went to Harrison's in Aldersgate Street, and Russell's in Fore Street—I redeemed at Russell's two pieces of goods which had
been sent to Hobson, 8l. and the interest—since then I have seen the other 24 pieces at different pawnbrokers'—no goods were supplied to the prisoner on his own account while I was supplying Hobson; my trade with Forster during 12 months was between 1,000l. and 2,000l.—I paid him his commission on those sales and he had overdrawn something—I settled it all up to October 16th, 1882.
By the JURY. We did a fair straightforward business through the prisoner's agency, the clients turned out very satisfactory—the prisoner has been deaf ever since I knew him, and when he gets a bad cold, his deafness is very bad.
JOSEPH HOBSON . I am a commercial traveller, of Wellington Road, Camberwell—I have known the prisoner about four years—I was employed by Messrs. Siemens of the Strand—I had no arrangement with the prisoner to share his office at 10, Honey Lane Market, or to carry on any business there, or at 6, Red Lion Court—no suggestion was made by him to me or by me to him—I never gave any order for him for cloth to be supplied to Mr. Butterworth, or for any cloth, nor did I know that any had been consigned to Mr. Butterworth in my name, or been pawned in my name—I knew nothing of the matter till the prisoner was at the Police-court.
WILLIAM RADCLIFF . I am manager to Henry Harrisson, pawnbroker, of 41, Aldersgate Street—on 26th May a piece of cloth was pawned with me for 5l. by the prisoner's son, who is present, and on the same day four Other pieces, and on 27th May three pieces for 5l. each by the same person, and on 7th June two pieces by the same person for 10l., and on 16th June eight pieces for 4l. each—I saw these 17 contract notes made out and handed to him—they were made out in this way by his instructions for the convenience of redemption, he could take out one piece without taking out the whole—on 24th November the prosecutor came and produced these contract notes and redeemed one piece which was pawned on 17th June—he paid me 5l. 10s., and the rest I have got now.
ALFRED COTTON . I am manager to J. Russell, pawnbroker, of 37, Fore Street—on 2nd June the prisoner's son deposited with me three pieces of cloth for 12l., on 7th June one piece for 5l., on 23rd July one piece for 5l., on 6th July two pieces for 8l., on 4th September three pieces for 12l., on 2nd November three pieces for 21l., and on 16th November two pieces for 14l.—I gave him tickets in this form for all those above 10l.—on 24th November the prosecutor redeemed nine pieces and paid me 55l. 3s. 4d.; I still hold the remainder—I have known the prisoner 12 or 14 years and done business with him all that time and placed great confidence in him—he has redeemed everything up to the present time—the time for redemption was not past, and I wrote to him and told him so and kept them for him.
FREDERICK LAWLEY (City Detective Sergeant). On 15th December I went with Mr. Butterworth to the prisoner's house, Springfield Road, Upper Clapton, and told him I held a warrant for his apprehension—he said to Mr. Butterworth "Oh, why have you done this? I would have paid you if I had had the time"—I read the warrant and he said "That is quite true, I suppose I must go with you".
NOT GUILTY .
Sentence on the first indictment.—Six Months' Hard Labour.
THIRD COURT.—Tuesday, January 9th, 1883.
Before Mr. Common Serjeant.
ALBERT MCIVER . I am a shoeing smith in the 4th Hussars, quartered at Kensington Barracks—Trumpeter Ferguson was on stable duty from 9.15 or 9.30 a.m. to 12 or 12.30—I saw the prisoner at 10.15 standing on Ferguson's bed—I saw distinctly a watch in his hand—I left him there—it was in our own quarters of the barrack-room—he had slept there the previous night as a friend of Ferguson—I do not know what regiment he belongs to.
Cross-examined by the Prisoner. The watch never belonged to me, and I never said it did—Ferguson had the watch in his clothing on the shelf above the bed.
Re-examined. The prisoner had slept in a corporal's bed who was on duty.
HUGH FERGUSON . I am a trumpeter in the 4th Hussars, quartered at Kensington Barracks—I went on stable duty at 10 a.m., on 4th November, till 12 a.m—I had a silver watch, which I had bought second-hand for 15s.—I put it in the fold of my overalls on the shelf above the bed before I went on stable duty—when I returned I missed it—I had left the prisoner in the room—he was not there when I returned—I had not known him previously—he said he knew a friend of my brother, a trumpeter in the Engineers, named Harry Kerr, and that he was come to identify a man of the 60th Rifles who had stolen a medal and some bronze stars, at Wimbledon—he came at 10 o'clock at night on the 3rd, and got the permission of the Sergeant-Major to remain—he does not belong to the Army, and has bought his clothes.
Cross-examined. I know that because you have gone in different names; you said you belonged to the 2nd Queen's, at Aldershot.
Re-examined. He was in the uniform he is in now—I do not know that it is the uniform of any regiment, or that he belongs to any.
Cross-examined. I did not find the watch in your possession—I made inquiries concerning it—I did not find it.
Witnesses for the Defence.
JOHN WELLER . I am a corporal in the 4th Lancers—I saw you cleaning your jacket about five minutes past 10 o'clock—I did not see you leave the room—I did not tell Ferguson that I saw you leave the room with a watch-chain hanging out between your shirt buttons and your belt—I did not tell the sentry to stop you.
Cross-examined. The prisoner's uniform is like a bugler's in a foot regiment—I cannot tell if it is a marine uniform—I left the room before he went away—he slept in my bed that night—I left him near the centre of the room—Ferguson's bed is near the fireplace, in the centre, mine was in the far corner—he would crow Ferguson's to go to it—the prisoner's uniform has on it "Royal Marines," and the name Adaye.
GEORGE CHILDS . I am a sergeant in the 16th Lancers, quartered in Ireland—the marine uniform would have a globe and the insignia of the regiment on the belt and on the buckle of the belt—I have been on board ship with them—I am an instructor of musketry.
Cross-examined by the Prisoner. The old marine button had a rope on it—there may be a crown and anchor.
The Prisoner's Statement before the Magistrate. "I never took that watch."
Prisoner's Defence. I am innocent. I have a good-conduct badge. I am in the second division, at Chatham. I always had a good character, and was on furlough at the time I was arrested. I also wore stripes in the Duke of York's School, at Chelsea, which I left in 1875. The ship I belong to is the Invincible.
GUILTY.**—Recommended to mercy on account of his youth. There were two other indictments against him for stealing bayonets. He then
PLEADED GUILTY to a conviction of felony in July last at Wandsworth.— Two Years' Hard Labour.
MR. GRIFFITHS Prosecuted; MR. BURNIE Defended.
HARRY MANUEL . I am a porter to Emil Weidlich, of 77, Watling Street, an agent—on 18th December I was delivering five parcels for him on a trolley, in Knightrider Street, about 2.30—I had delivered four, and on coming back I missed the fifth, which contained 33 yards of sateen—this is the parcel—its value would be 6l. 10s.
FREDERICK DOWNES (City Detective). On 18th December I was on duty at Upper Thames Street with Egan, about 3 o'clock—I saw the prisoners together, one was carrying this parcel on his shoulder—we were going in an opposite direction—we turned and followed them; Williams looked round and then fell back behind White two or three yards, and they went on to Dowgate; Williams said something to White, Egan went up Dowgate Hill and got in front of White, White threw the parcel on the ground; Egan got hold of White's coat, and White tried to wriggle out of his coat; Williams ran in between some carriers' carts into my hands—without my speaking to him he said "I am not with that man, it does not require two of us to carry that"—we conveyed the prisoners to the station—Williams said after the charge was read over to him he did not know White, and White, after considerable hesitation, said he had been engaged to carry it, but he had missed the man who had engaged him—I have not seen them together before—Williams gave as his address, 42, G d Street, Horselydown, but I found only four occupied houses.
Cross-examined. I said before the Magistrate "Egan made a grab at White, and then White threw the parcel away."
JAKES EGAN (City Detective). I was with Downes—I have heard his evidence—it is correct—I made a grab at White, he looked at me, dropped the parcel, and attempted to get away—I caught hold of him by the coat, he tried to wriggle out of it—when charged he said "Well, some one asked me to carry it"—he refused his address.
GUILTY . WILLIAMS PLEADED GUILTY to a conviction of felony in Dec.,
FOURTH COURT.—Tuesday, January 9th, 1883.
Before Robert Malcolm Kerr, Esq.
MR. GEOGHEGAN Prosecuted; MR. STEWART WHITE defended Cummins.
PAUL VILAIN . I live at 25, Great Crown Street, Soho, and am a cook—at 9.30 on Christmas night I was returning home with a friends—when I came to my house with my friend and his wife there was a lot of rough boys there, and a boy pushed me down—when I got up I missed my purse—I do not recognise either of the prisoners.
KATHERINE VILAIN . I am the prosecutors wife—at 9.30 on Christmas night he was going into his house—when I opened the door for him I saw Tinsley hit my husband's friend on his hat—they pushed my husband down, and ran away—there were seven or eight of them—I saw the three prisoners amongst them—I put my bonnet on and ran after Tinsley, and he struck me in the eye, and used very bad language.
Cross-examined by Tinsley. I did not use any bad word—I struck the lady in the eye with a Standard paper.
Cross-examined by MR. WRITE. I first saw Cummins at my door—my husband lost his watch—I saw them down William Street about 10 or 12 minutes after I first saw them—I am sure that Cummins was amongst them—my husband did not recognise any of them—I did not give information to the police about Cummins—I told the police Cummins was a little bigger boy than Tinsley, and that it the only mode of identification I had.
CAROLINE SPARKS . I saw the prisoners and a lot more on the night in Question—they were all round the gentleman, and ran up the court—Cummins said to me "If he has got the watch I will stick up for him, and if you tell of him you shall have your face smashed in."
Cross-examined by MR. WHITE. I am 11 years old—I generally go to bed about 10 o'clock—the prosecutor stood at the door waiting for it to be opened when the boys ran up—he had another gentleman with him—I do not know the names of any of the other boys—I gave a description of them to the police—I should know them if I were to see them—I am quite sure I saw Cummins—I saw Tinsley strike the gentleman on the hat, and knock his hat off—Great Crown Court where it happened is in Golden Square—they ran at Mr. Vilain as he came up to his door—I went with Mrs. Vilain afterwards up to the boys, and saw Cummins—I have not been speaking to any one about the transaction—some boys asked me yesterday how they got on, and I would not tell them—I hare spoken to my parents about it two or three times a week.
nothing about it; I did not have the watch or the money"—Cummins said "I shan't come"—I took them to the station.
TIMMER KUHRT (Police Sergeant C). I took Cook into custody—he lives about 100 yards from Crown Court—I told him the charge, and he said "I did not do it," and then he turned to his mother, and said "You know I told you all about it."
NOT GUILTY .
There was another indictment against the prisoners for robbery with violence and causing grievous bodily harm, upon which no evidence was offered.
NOT GUILTY .
MESSRS. MONTAGU WILLIAMS and HORACE AVORY Prosecuted; MR. GEOGHEGAN Defended.
WILLIAM G. CHAPMAN . I am a clerk in the Royal Courts of Justice, and produce an affidavit filed in the action of Hitchisson v. Reeves and Co. and W. W. Nash defendants, dated the 13th November, 1882.
BENJAMIN WILLIAM . I am a solicitor, practicing at 11, Queen Victoria Street, City, and am a commissioner to administer oaths in the Supreme Court of Judicature—this affidavit was sworn before me on the 13th November last.
ARTHUR WHARRAN . I am managing common law clerk to Mr. Ditton, solicitor, of Queen Victoria Street—on the 4th October I issued the writ now produced, in the action of Hitchisson v. Beeves and Co. and W. W. Nash, marked B—it is an action on a bill of exchange for 20l. 0s. 7d.—an appearance was entered on 3rd November—I then took out a summons under Order 14 for leave to sign judgment, which was heard before Master Francis on 13th November—the defendant was represented by a solicitor—this affidavit was used before the Master, upon which he made an order giving the defendant leave to defend—after I had seen the plaintiff I took out a summons before the Judge to set aside the Master's order—that came on for hearing before Mr. Justice Watkin Williams on the 20th November, when the defendant was represented by a solicitor—it was adjourned till the following morning, when neither the defendant nor his solicitor appeared—the Judge set aside the Master's order, and gave the plaintiff leave to sign judgment.
Cross-examined by MR. GEOGHEGAN. My principal communicated with the Public Prosecutor—I dictated the letter to a shorthand clerk.
JOSEPH GILDARD HITCHISSON . I am a dealer in building materials, of Elm Cottage, Park Street, Camberwell—I had dealings with the prisoner, and know his handwriting—the signature "A. Reeves" at the foot of this affidavit is his—on 20th July last he was indebted to me in the sum of 20l., and I received from him the bill of exchange (produced) marked A, which I paid into my bank, and it was returned to me dishonored—on 26th September I was being driven by Augustus Dean for the purpose of going to the defendant to give him notice of the dishonor of the bill, and I met the prisoner on the road—I stopped and said "Your bill has come back unpaid;" he said "There must be some mistake about this bill, I am going down into the country to see the gentleman who gave it to me, and I will take it with me"—I said "You had better give me a receipt in my little book for it"—he took my little book and little pencil
and gave me a receipt for it—he wrote this in the presence of myself and my man: "Sept. 26th.—Received notice of return of bill for 20l. due 23rd.—Reeves and Co." I then wished him good morning and went away—I subsequently wrote a letter to the defendant on the 28th—it is not true that the 28th was the first time he received notice that the bill was returned dishonoured—he took away the small noting that was sent from the bank.
Cross-examined. I hive lived 20 years in Camberwell—I cannot tell you the name of the street where I met the prisoner—I have forgotten some portions of the conversation—it was in the morning—I was so confused when the bill came back dishonoured.
AUGUSTUS DEAN . I live at 26, Kinnaird Street, Albany Road, and am a carman in the employ of Mr. Hitchisson—we met the defendant on the road outside a public-house—the governor told me to stop—I was driving—I stopped the pony, and the gentleman came over to the governor, and the governor said "You gave me a wrong bill here;" he said "Oh, let me look," and the gentleman took the bill into his hand and looked at it and said "It is quite a mistake, I shall have to go down into the country to see the gentleman who gave it to me"—he said "You had better give me a receipt for the bill in my book," and the gentleman over there (the prisoner) gave him a receipt in the book, and the governor lent him a pencil at the same time to do it—this is the book he wrote in—we then drove off—it was between 10 and 11 o'clock.
Cross-examined. I don't know the day of the month—it might be two or three months ago—I should not like to say to a month or so—I am no scholar, so I do not understand the days of the month.
The Prisoner's Statement before the Magistrate."I say it was after the 28th when I met Hitchisson, and he handed me a piece of paper. On that piece of paper it said the acceptor of the bill had 20l. of soda at the Woolwich Station, which he would return to me. I said to Hitchisson 'I shall not take the goods back, let him pay his bill.' To the best of my belief it was either on the 29th September or the 2nd October, and when I came to Mark Lane. I do not remember signing anything in his book. I have no recollection of it. When I swore that affidavit I did it with a clear conscience that I had received no notice prior to the 28th September."
NOT GUILTY .
MR. GEOGHEGAV Prosecuted.
GEORGE COOKE (Policeman D 250). About 1 o'clock a.m. on the 23rd December I was on duty in Edgware Road, when I saw the prisoner loitering outside 188—it is a mantle shop—he was with two other men not in custody—I stood at the corner of Edgware Road under the shade of a lamp and watched their proceedings—I saw the prisoner put his hand to the glass and I heard a cracking of glass—he then put his hand in the window, but a gentleman passing by, he removed his hand and walked a little way off—he then came back and stooping down put his arm up to the window and took down a mantle hanging up inside the shop—he put it under his arm and walked away with the other men—I followed, and one of them called out "Look out," and the prisoner threw
down the mantle—I picked it up and followed them up—they went into a urinal—I took the prisoner into custody, and he said "All right."
JOHN GOW . I am a salesman to Mr. Goddard, of 188, Edgware Road—on the 22nd December there was a pane of glass in my master's shop broken—it is about 18 or 20 inches from the ground—I saw it again on the 23rd, when there was a piece knocked out which was not out on the 22nd—I have seen this mantle at the police-court—it is my master's property, and it was hanging inside on a nail close to the glass.
Prisoner's Defence. I know nothing at all about it.
GUILTY .— Twelve Months' Hard Labour.
MR. GEOGHEGAN Prosecuted.
JAMES HENRY EDWARDS . I am a baker, of 5, Goswell Road—I bank at the London and County Bank—one day in September the prisoner came to me and asked me where I banked, and whether it was at the London and County or the London and Provincial—I told him it was the London and County—he said that happened very conveniently for him, as a friend of his was staying at the Manchester Hotel who owed him some money, and if I would give him a blank cheque he could get it from his friend—I thought for a moment and gave him one—immediately afterwards he said "Would you be kind enough to let me have another for fear he might spoil this one"—I gave him another blank cheque—he gave me 2d. for the two stamps—have known him two or three years—this is my cheque-book (produced)—I recognise this cheque as one of the cheques I gave him—the number of the cheque is erased and another number substituted for it—the number of the cheques runs the same throughout the book, viz., 7,631, and the number written on the cheque is 7,210.
Cross-examined by the Prisoner. You told me where you were staying.
JOHN ADAMI . I live at 5, Jermyn Street, and am cashier to Mr. Robiolio, tailor—the prisoner is a customer of mine—he came to my shop on a Friday, and said "I owe you I think about 3l. 14s."—I gave him the bill, and he gave me this cheque—I cannot say whether the number was erased—I gave him the receipted account and 9i. 1s. in cash—I paid the cheque in to my account, and it was returned marked "No account—on the 20th September I saw the prisoner at the Manchester Hotel, and gave him into the custody of Sergeant O'Des.
Cross-examined. I do not remember you asking Mr. Robiolio if he would object to change the cheque—he was present I think—the transaction was between us all.
JAMES O'DEA (Detective C). I took the prisoner into custody on the 20th September at the Manchester Hotel, and charged him with obtaining 9l. 1s. from Mr. Robiolio, of 5, Jermyn Street, by false pretences—he said "I was going to see Mr. Robiolio to-morrow, and subsequently he said "How will it be if this money is paid?"
The prisoner in his defence admitted asking Mr. Edwards for the two cheques, and said he met a person who owed him some money; that the person had no cheque with him, and he gave him one of the two; the other he used, expecting the money next day.
GUILTY .— Twelve Months' Hard Labour,
There was another indictment against the prisoner for forgery, upon which no evidence was offered.
MR. GEOGHEGAN Prosecuted; MR. KEITH FRITH Defended.
KATE WOOD . I live at 17, Albert Terrace, Barnsbury Road, Islington—I was going home on the 29th December, after having had something to drink, but I knew what I was about—I was crossing over to Sermon Lane, thinking I saw a friend of mine, when I saw four men, including the prisoner—the prisoner knocked me down—I tried to get up, and caught hold of his coat and called out "Police!" and "Murder!"—2s. 10d. was taken out of my Ulster pocket—I became insensible, and found myself in the police-station—my dress, stockings, and boots were taken off—I have no doubt about the prisoner.
Cross-examined. I picked him out at the police-court next morning—I had not had much to drink—it was about a quarter to twelve when it happened—I had some whisky, but no brandy—I was stifled by a shawl put over my head and I could not call any more.
JAMES TAYLOR . I live at 1, Chapel Place, Islington—on the night in question I heard cries of "Police!" and "Murder!—I went down to the bottom of Chapel Street, when I saw the prisoner with three other men carrying the woman—they took her up Sermon Lane and violated her—they put a scarf to her mouth so that she could not make a noise—they hit her, and the prisoner took her stockings off—I sent a girl who was standing there for a constable—I said to the men "You are using that woman with violence"—they said "If you don't go away we will hit you in the eye"—they ran away when the policeman came up.
Gross-examined. It was dark up Sermon Lane—I was standing close by—I saw the prisoner run away, and the constable bring him back—I picked the woman's hat up in Sermon Lane.
Re-examined. I went up Sermon Lane from Liverpool Street—I identify the prisoner because I looked at him when he was pulling the woman's stockings off, and he said "Hit her in the eye and see if there are any rings on her fingers."
By MR. FRITH. At the police-court I used the word "violence" instead of "violation"—I was excited being at the Court the first time—there was one man there with corduroy trousers, but I did not see his face—the woman clutched the prisoner by the coat—that was when they knocked her down.
JOSEPH CRAMPTON (Policeman N 105). I was on duty on the night in question when a girl came and spoke to me—I went to Sermon Lane and saw the woman on the ground, and four men bending over her—the prisoner is the one that ran away, and I followed him and caught him—I charged him with assaulting the woman, and he said he helped to carry her—I asked him why he ran away, and he said because he was a fool—the woman had almost all her clothing gone—I sent for an ambulance to take her to the station.
Cross-examined. I held the prisoner, and could see nothing lying about—up to the present time the prisoner has borne a good character.
The prisoner received a good character.
GUILTY. Recommended to mercy by the Jury on account of his previous good character. — Five Years' Penal Servitude.
JAMES PLEADED GUILTY .
MR. GEOGHEGAN Prosecuted; MR. THORNE COLE defended Adams.
EDWIN FAUX . I keep the Angel public-house, 81, King Street, Hammersmith—on the morning of the 16th December I went to bed at a quarter past one o'clock, having shut the doors and windows securely—there is a fanlight over my front door—I was aroused about 3.20 a.m. by the bell ringing—I went to the window and saw Inspector Jones outside—I went downstairs and looked over the back of the house, which I found secure—I heard a tremendous tussle downstairs—when I went down I found Inspector Jones with James in custody—I missed about 8l. 17s. 6d. in silver—I did not see the other prisoners.
HENRY JONES (Inspector T). About 2.40 on the morning of the 16th December I was on duty in King Street, Hammersmith, in company with Sergeants Greet and Crookenden—I saw James come down on the north side of King Street—shortly afterwards the other two came down on the other side, going in the direction of Chiswick—James and Wells turned into Angel Lane, and shortly afterwards James came from the other side of the public-house to the corner of Angel Lane—they went away for about a quarter of an hour—they returned in the same direction and went into Angel Lane again, and came to the corner of the Angel public-house—I then saw Adams cross the road and join them—they stood in conversation for about a minute, and then James and Wells went to the door of the prosecutor's house—Adams remained on the outside of the pavement, walking up and down—James or Wells got on the shoulders of the other and disappeared—I heard something drop inside the house, and then the man who had been at the door walked away up into Angel Lane out of sight—Adams was still walking up and down, and made a noise with his feet—at no time was he more than 12 or 15 yards from the door where the fanlight was—about a minute or so after that Adami turned into Angel Lane, and then I spoke to the two sergeants who I was with and they went up Angel Lane, and I followed and found them struggling with Adams and Wells—we had to use force part of the way in taking them to the station—I returned to the house, when the prosecutor missed a quantity of money—I examined the fanlight.
Cross-examined by MR. COLE. It was dark, but there was a lamp right opposite the door on the other side of the street, which is very narrow—I should think I was there 25 minutes—I joined Crookenden there some time earlier; he was on regular duty there—I met Greet some time afterwards; he was on regular duty, but we were in plain clothes—it was a fairish night for the time of year—I live at Hammersmith—the Kempton Park races were not until Boxing Day—I do not know of any race held that Saturday—the Sandown Park races were postponed from time to time—I do not know that they were to be run that day—I do not attend those meetings—they are held 12 to 14 miles from Hammersmith—there are plenty of means to get there by railway.
HENRY CROOKENDEN (Detective T). I was with Inspector Jones and Sergeant Greet at the time in question—in consequence of instructions given me by Jones, Greet and I followed Wells and Adams into Angel Lane—they came from behind a hoarding in Angel Lane, close to the side entrance of the tavern—Greet took Adams, and I took hold of Wells and knocked him down—he asked me when I took hold of him what I was going to charge him with, and I said I would tell him on getting to the station.
THOMAS GREET (Detective T). I was with the two former witnesses at the time in question, and went with Crookenden down Angel Lane—Wells then passed me, and I presently heard a fall—I instantly jumped at Adams, and after a very short struggle secured him and took him into custody—he said "What are you taking me for? I have not done anything; I have not knocked any one about"—I said we should see when we got to the station—I took him to the station and returned to the prosecutor's house and took James to the station—I searched him and found a large quantity of silver on him.
Cross-examined by MR. COLE. I might have been there two horns—it was a darkish night; I think there was a little fog—I do not take any interest in racing matters.
GUILTY . JAMES and WELLS PLEADED GUILTY to having been convicted of felony, James at this Court on 22nd October, 1877, in the name of James Rose, and Wells at Clerkenwell on 24th January, 1881, in the name of Martin Fritzjames. JAMES— Five Years' Penal Servitude. WELLS— Two Years' Hard Labour. ADAMS— Twelve Months' Hard Labour.
MR. GEOGHEGAN Prosecuted.
JOHN GOODLEY . I am an assistant to Francis Thornton, of 11, Ladbroke Road, pawnbroker—the prisoner came to our shop on 14th February last, and produced some tickets and gave me this cheque for 7l. 10s. (produced), with which she redeemed the goods mentioned in the tickets, amounting to 3l. 15s. 2d.—I gave her the balance and paid the cheque in to my master's account—I had known her previously—the cheque came back stamped "No account with Messrs. Hoare."
Cross-examined by the Prisoner. I do not remember changing a cheque for you a few months previously—I may have done so.
CECIL WOOD . I am clerk at "Messrs. Hoare's, the bankers, in Fleet Street—this is a genuine form of one of our cheques—in February last we had no customer of the name of Trussel—this writing on it in red ink, "No account with Messrs. Hoare," is the handwriting of one of our clerks—I have a cheque-book containing the number of this cheque, D.B. 2497, which was given to Mr. Ody, and this form would have come from that cheque-book.
The Prisoner's Statement before the Magistrate."I met this man in Oxford Street. He thought he knew me. I got acquainted with him—he financed me on several occasions, and two of the cheques came to me through the post. The one for 7l. 10s. he gave me the day before I
changed it at the pawnbroker's. I fill a position of great trust, and there has never been a thing gone or lost. Everything was honest all through my life, and I quite believed when I changed them they were as good as any I had changed before."
Prisoner's Defence. I had not the slightest idea that they were forged cheques. I am a very bad writer.
GUILTY .— Twelve Months' Hard Labour.
OLD COURT.—Wednesday, January 10th, 1883.
Before Mr. Justice Hawkins.
199. JAMES MICKLEJOHN (19) PLEADED GUILTY to feloniously forging and uttering an order for the payment of 350l.; also to two other indictments for forging and uttering other orders for the payment of 250l. and 300l. He received a good character.— Five Years' Penal Servitude.
(For other cases tried this day see Surrey Cases.)
NEW COURT.—Wednesday, January 10th, 1883.
Before Mr. Recorder.
200. GENARRO ALTOCINE (25) PLEADED GUILTY to unlawfully taking Immacolata Coppola, a girl under 16 years of age, out of the possession and against the will of her father.— Six Months' Hard Labour. And
201. JAMES GODOLPHIN OSBORNE (38) to unlawfully converting to his own use certain valuable securities entrusted to him as agent to Elizabeth Rose.— To enter into recognizance's. [Pleaded guilty: See original trial image.]
SULLIVAN PLEADED GUILTY.**— Eighteen Months' Hard Labour.
MR. GOODMAN, for the prosecution, offered no evidence against Reynolds.— NOT GUILTY .
PLEADED GUILTY.**— Eighteen Months' Hard Labour.
MR. GEOGHEGAN Prosecuted.
BENJAMIN WHEATLEY . I am a general dealer, of 33, Regent Street, Chelsea—on 17th December, at 10.45 p.m., the prisoner came in and asked for a raw onion—I said that I did not keep them, but I had some pickled ones—he began swearing at me, and I asked him to leave the shop, which he did—about live minutes afterwards I went out to close the shop; he was outside, and began to abuse me again—he tried to
strike me, I thought, and I went to pass him, and said I was going to look for a policeman—he put his hand in his pocket, pulled out a quart bottle of beer, and struck me with it on my forehead and eye, saying "That will settle you"—I bled very much.
Cross-examined by the Prisoner. You bought some bread of me—it was not dirty—I cut it off a new loaf for you, seeing that you were quarrel-some—I did not rush behind you for 30 yards; I was too ill—you were close to my window—the bottle did not accidentally fly from your hand in the struggle.
JOHN DAVIS (Policeman B 90). I heard cries of "Police!" and took the prisoner 300 yards from the shop—he said "Let me go; take my name and address, and I will make him any recompense he requires"—he did not say that he had been assaulted—I picked up these pieces of bottle (produced)
WILLIAM IRWICK . I am assistant house surgeon to Westminster Hospital—on 20th September I saw Wheatley; he was suffering from a large contused and lacerated wound on his right eyebrow two and a half inches long, and another over the upper eyelid, and a third under his lower eyelid, all consistent with his being hit on the forehead with a glass bottle—he had lost much blood—the wounds are not healed yet—they were dangerous from the risk of erysipelas—they may have been inflicted by one blow through the splintering of the bottle.
The prisoner, in his statement before the Magistrate and in his defence, said that the prosecutor's manner was very repulsive when he complained of the bread being dirty, and he followed and attacked him, and in trying to free himself the bottle must hate touched the prosecutor by accident.
BENJAMIN WHEATLEY (Re-examined). I followed the prisoner after the blow, as he was making away from me, and it was only through some of my customers hustling him that I was able to give him in charge—I was very ill, and was afraid of him, and I offered to give him more bread to get rid of him—he used the most beastly epithets to my wife—he did not complain of the bread, but he threw it at me, and said "Do you call this a halfpennyworth of bread, you b—"—we ate it the next day—he opened his coat to draw the bottle out—I never saw him before; he was not drunk.
GUILTY of unlawfully wounding. — Six Months' Hard Labour.
SULLIVAN stating in the hearing of the Jury that he was "GUILTY of the stealing, but not of the assault," they found that verdict. — Six Months' Hard Labour.
MR. OVEREND Prosecuted.
EDWARD INGHAM . I am an accountant—on 16th December, about 11 p.m., I was waiting for a bus at the corner of King William Street, and the two prisoners came up to me, Leary on my right and Sullivan on my left—Leary pushed against me, and Sullivan snatched my watch and chain and bolted—I followed him, calling "Stop thief!"—he went up the steps of London Bridge, and a policeman and I followed, and when I got to the top he was in custody—I went to the station, and saw my watch and chain, which had been picked up—they cost me 50 guineas—I next saw Leary at the police-court.
FRANK BLUNT (City Policeman 818). On this Saturday night at 11.10 I was on duty in King William Street, and saw the prisoners together in conversation—they went to the Statue, and I immediately heard a cry of "Stop thief!" and saw Sullivan running as fast as he could—Young tried to stop him, and I followed him up the steps of London Bridge—he crossed over to Fishmongers' Hall, and I took him and told him it was for stealing a gentleman's watch and chain—he said "You have made a mistake, I have just come from the Grecian Theatre"—I asked him what play was on there—he said "The Salvation Army"—Sergeant Young brought the watch and chain—when Sullivan was charged at the Mansion House I saw Leary among the spectators, and the prosecutor pointed him out among a number of other persons—I went with another constable to the corner of Fish Street Hill, and found this compass and a portion of a chain (produced)
Witness for the Defence.
ANNIE BAGLIN . I am single, and live at 10, Cork Street, Finsbury—I have known Leary about 12 months—on Saturday, 16th December, I went to the Raglan Music Hall, Union Street, Blackfriars Road, and saw him sitting in the bar—I was not with him all the evening, but he came down behind me at 11.25, and I wished him good night—I have seen him there from time to time—I know it was the 16th, because he was locked up on the Monday and I heard of it—I went to the police-court because I knew Sullivan—I do not know whether Leary knows him, but I saw Leary taken in custody there, and then I remembered his being with me on the Saturday.
Cross-examined. I said that I was Leary's cousin, but simply because I wanted to take him in some food—I was with Ann Sullivan and another young girl at the music hall—I do not know whether she is a relation of Sullivan's.
By the COURT. I went to the police-court by myself—I did not know that Leary was to be there or why he went there.
LEARY— GUILTY . He then PLEADED GUILTY** to a conviction at Southwark in February, 1881.— Twelve Months' Bard Labour.
MR. REED Prosecuted, MR. GEOGHEGAN defended Baker, and MESSRS. FRITH
and BROWN defended Cross.
WILLIAM MOORE . I am a warehouseman, of 30, Larkhall Lane, Clapham—on Friday, 15th December, at 12.25, I was in the Britannia public-house, Hackney—I saw Cross there, and left with him and another man, who I cannot swear to, and some females—we left the females in Morning Lane, and went to Retreat Place, where I was surrounded, and received a blow on my ear and another on my mouth from two parties, and was knocked down—they rifled my pockets, and took 27s. 6d. and my tobacco pouch—I do not recognise Baker, but Cross is the man who struck me on my mouth—I had had a little drink, but I knew what I was about—they ran away, and I jumped up to catch them, but caught my feet on the kerb, and fell again—a constable took Baker and brought him to me as another constable was raising me from the ground—there was a deal of
blood on my face and shirt from the blow on my mouth—Cross had on a light overcoat in the Britannia.
Cross-examined by MR. GEOGHEGAN. I asked a man which was the 'bus for Clapham—I had a bottle with me, and handed it round to give them a drink.
Cross-examined by MR. FRITH. I had been out spending the evening, and had some rum to drink there, and some ale—I got half a quartern of rum in a bottle at the Britannia, as I did not know how far I had to go to the lodging which Cross and the other man volunteered to show me, and I knew the public-houses would be closed—I also had a drop of ale or some spirits in a public-house in Morning Lane—it was a foggy night, and this occurred at a very dark place—it all occurred very quickly—Cross was dressed in a long light coloured overcoat, there is no mistake about that, and a round felt hat—he was not dressed like that when I picked him out—if I said "I think that is the man" it was a mistake, because I was sure he was the man, but I will not swear that I did not say "I think"—I had no purse; I took out some money in the women's presence—I knew them to De prostitutes—they were in my company ten minutes or a quarter of an hour at the most—I was going home with one of them, but somebody said that they would very likely rob me—I was with them ten minutes in the Britannia, and five minutes after coming out.
Re-examined. I picked out Cross from nine or ten others; two were dressed alike, and the others were older men—all the gas was alight at the Britannia.
ISAAC FENTON (Policeman N 325). On 15th December, at a quarter to 1 a.m., I was in Retreat Place, heard a scuffling noise, and met Baker running, and several others following—I seized him, and the rest turned round and ran away—I asked him what was amiss—he said "Nothing"—I said "You will go back with me, and I will see"—I took him back to where Moore was Tying, and met Palmer, who raised him, and then ran after the others—Moore was smothered in blood and mud—I took Baker to the station—Moore made his statement, and Baker produced from his pocket 25s. 0 1/2 d., and said "This is the gentleman's money, another chap gave it to me"—I found this tobacco pouch on him, and he said "That is the gentleman's also, a chap gave it to me."
Cross-examined by MR. FRITH. I do not recognise Cross; it was foggy, and a very dark place.
JOSIAH BRADBROOK (Policeman N 526). On Tuesday morning, December 19th, about 12.30, two women who are here pointed out Cross to me, and said in his hearing." That is Ernest Cross, who was in company with the others in Morning Lane on the morning of the 16th"—I took him in custody—he said "You have made a mistake"—I took him to the station, and the prosecutor identified him—I have seen the prisoners together.
Cross-examined by MR. FRITH. Cross was placed with three or four others—Moore did not say "I think that is the man," but I cannot swear to the words he used—the woman said "That is Ernest Cross."
LEONORA LITTLE . I live at 13, Elizabeth Street—on Friday, 15th December, I saw Moore in the Britannia—he left with me and another woman, but no other man—we walked to the bottom of Morning Lane—Moore was going home with my Mend for the night, and was counting
his money to give me a cab fare—four youths came round us; Cross was one of them—I have known him about six months by the name of Ernest—we left them, but they followed us as far as my friend's house, and said "Don't go into the house with that woman, you will be robbed"—I said "I shall serve you out for this to-morrow, Mr. Ernest"—my friend went in, and I walked away—Ernest had a light coat.
Cross-examined by MR. GEOGHEGAN. A young woman named Eliza and other persons have been present when I have spoken to Ernest—I did not tell him on the day of his arrest that the Tecks were after him, and I would make it hot for him.
Cross-examined by MR. FRITH. Moore took out his money to give my Mend her cab fare, and some man with a light coat said "Don't go home with that woman, or you will be robbed"—she said "I will pay you for this to-morrow; you will suffer for this."
JOHN MORRIS (Policeman N 489). About 12.30 p.m. on 18th December Little gave me information, and I went to the Railway Tavern, Mare Street, where Little pointed out Cross, saying "This is Ernest"—he said "You have made a mistake"—I had said nothing to him about the charge—another constable took him to the station—when he was charged he said "I did not do it, but I know who did," and he mentioned Baker and two others—I have seen him with Baker in Mare Street—I know them as companions—I put him with nine others, and the prosecutor picked him out.
Cross-examined by MR. GEOGHEGAN. I have known Baker and his family nine years, and never knew any of them to be in trouble.
Cross-examined by MR. FRITH. Little said "This is Ernest Cross who was with the woman in Morning Lane"—Cross denied that, and said "You have made a mistake."
WILLIAM DAY . I am potman at the Britannia—on 16th December, about 12.25 a.m., I saw Moore, Cross, and the two female witnesses there—I knew Cross by his coming in and out—he had a light coat on—I let Moore out, and the two women left with him—I then called "Time!" and let Moore in again to get half a pint of rum in a bottle.
Cross-examined by MR. GEOGHEGAN. The man with Cross was not Baker.
Cress-examined by MR. FRITH. I do not know whether to call Cross's coat an Ulster or an overcoat—this occurred on Saturday morning, and my attention was called to it on Sunday.
Witnesses for Cross.
ARTHUR CHARLES SHEE . I am a shopman, and live at Clyde House, Homerton—on 15th December I was in the Crown public-house, Mare Street, Hackney—Cross came in between 10.30 and 10.45, and remained till the house closed playing at coddam—at 12.30 the potman called out "Turn out!" and I stood outside talking ten minutes or a quarter of an hour—Cross had a black suit on, and no Ulster or overcoat.
Cross-examined by MR. REED. I merely know him by sight—I have given evidence for him before when he was charged with making a disturbance with the Salvation Army seven weeks ago, and I went to prove that he was not the one who did so.
By the COURT. The Crown in Mare Street is about 10 minutes' walk
from the Britannia—I have met Cross at the Crown three or four times—his father came to me on the Tuesday morning when I was in bed to know if I knew where he was on the Friday—he did not say why at that time—I said that I had not seen him—I am sure about this particular Saturday, because he was taken on the Monday night—he came again on Wednesday, and said "Were you with my son last Friday night?"—I Said "Yes, at the Crown"—he asked me to come up and give evidence, and I consented.
By the JURY. I saw him from 7.30 to 10.45—I met him at the Crown, and we were there all the evening.
JOSEPH LOASBY . I am potman at the Crown, Mare Street, Hackney—on 15th December Cross came in about 10.30 or 10.40, and left at 12.24, when Mr. Jones began to put out the lights—whether he played a game with the others I don't know, but he stood with his elbow on the mantelpiece looking as the others playing—it is impressed on my mind, because in the day time, between 12 and 2 o'clock, he came and asked me if I could let him have a pair of boots—I said "Yes, if you can come down in the evening"—he did so, and put the boots on, and said that he would pay for them by weekly instalments—several others were with him—I am positive Cross was there at 12.25—I generally get the doors temporarily fastened by the half-hour—when I came out after dosing I noticed nine or ten young men outside, standing against the lamp-post, and I called Shee away—I saw Cross twice that day; he was dressed in dark clothes the second time with a white collar and a black tie, I believe—he had no overcoat or ulster, but a coat like he has on now.
Cross-examined. Several of them were at play, and Cross was looking at the game all the time—they were chaffing him about wetting the boots—I do not think Shee played, he was sitting on one of the other tables—the Britannia is about a quarter of a mile from the Crown, and a very short distance from Morning Lane.
HENRY UPTON . I am a brickmaker—on 15th December I was in the Crown from 8 o'clock till 12.30—Cross was there with others; we were having a gave at coddam, and when the house closed we stood outside in a group by the lamp, Pullen, Cutter, Loasby, and Cross—I left them at 12.40—I do not think the potman came out—Cross was dressed in a dark jacket and trousers—I am positive he had not a light coat—he had no Ulster or overcoat.
Cross-examined. Cross played one game only—I do not think Shee played—the potman did not come outside while I was there—I left them all there and went home with a friend—I am frequently at the Crown playing—I know the prisoner well, he is a friend of mine—I was asked a fortnight ago to come here and give evidence; that was the first time I heard of Cross being in custody.
MARIA MAYO . I am a laundry maid, of Homerton, and go out with Cross of an evening—I met him at the hospital on 15th December, about 8.15, and he stayed with me till 10.20—I did not go out that evening—he had a black coat; it was not an overcoat or an Ulster—I fix the date because I left my situation on that day—I have known him since last August and am engaged to him—his family are in mourning.
Cross-examined. He visited me at the hospital and left me in the waiting-room, and on Tuesday evening I heard of his being in custody—I was out with him on the Sunday and Monday.
Re-examined. He called on me on the 15th to carry my box.
LYDIA ELIZABETH CROSS . I live at 41, Collingham Road—Cross is my son—he generally returns home about 11 or 11.20, and not later than 1 o'clock—on 15th December he was going out with Miss Mayo and I thought he would bring her home, but he did not because she did not leave—he returned about 12.55—I had a light burning as my little boy was not well—I live five or ten minutes from Retreat Place—I attend to his clothes and brush them—he had on the same clothes that day as he has now—he always goes out in those clothes of an evening—he has no light coat—he never had a light Ulster.
Cross-examined. The Crown is a quarter of an hour or twenty minutes' walk from our house—you can pass the Britannia in coming from the Crown.
PERCY CROSS . I am the prisoner's brother and live at Farringdon Road, Hackney—on 15th December, just before 8 p.m., I saw him go out in a black suit of clothes; his best suit—he had a silver chain on—the family is in mourning—I have never seen him in a light coat.
Cross-examined. I have seen him in a brown coat, but not for two years—he is a plasterer—I believe he put on his best clothes on this night as he was going to meet his young lady.
RICHARD CROSS . I am the prisoner's father and am a contractor and plasterer—he has no light coat, or overcoat, or Ulster—his best clothes are black trousers and waistcoat and the diapered coat which he has on now—on Friday night, December 15th, I was asleep when he came home—I was not aroused by his coming home—he is as near 21 as possible—he is in my employ and has always borne a good character—he lived with me and my wife—I have been in business in that neighbourhood 30 years.
Cross-examined. I did not give evidence for him in the Salvation Army case; She did, but no one else who has been examined to-day—I did not to She on the Sunday after this occurred; four of them came to me—did not go to She on the Sunday and ask him where my son was on the day it occurred, nor on the Saturday, nor on the next Wednesday—I think I saw Mr. She one day and asked him whether he was with my son that night.
By the COURT. He told me my son was locked up—I went to his house; he was not up and I waited for him in the passage—I asked him if he had been with my son—he said "Yes, I was with him up to 10 minutes to 1 o'clock," or something of that sort—he did not go to the station with me to see my son the night he was locked up, but he has been once or twice.
Re-examined. Shee told me that my son was in the Crown public-house from 10.30 up to 10 minutes to 1, and that he remembered it by a pair of boots they were chaffing him about—that was two or three days after the Friday.
LUCCAN CUTTER . I am coachman in a private family, and live at 36, Chalgrove Road, Hackney—on 15th December, between 9 and 10 p.m., I went to the Crown public-house, and remained till 12.25, when the potman called time—I saw Cross there trying on a pair of boots—he wore dark clothes; he had not on a light Ulster—when the house closed we stood outside for 10 minutes—I then saw Cross go away towards home.
Cross-examined. The potman came out, but not at the moment we did—he and Upson went the same way—I left about 12.40, and overtook Cross after parting with him just before he got to the old church tower, Hackney—that is three or four minutes' walk from the Britannia—I shook hands with him opposite Mr. Kemp's clock, and wished him "Good night"—the clock is about three times the length of this Court from the Britannia.
Cross received a good character.
BAKER— GUILTY .— Six Months' Mard Labour.
The Jury being unable to agree as to Cross, were discharged without giving a verdict. (See page 372.)
THIRD COURT.—Wednesday, January 10th, 1883.
Before Mr. Common Serjeant.
207. CHRISTOPHER ELMSLEY (22) PLEADED GUILTY ** to stealing a portmanteau and other goods, the property of James Peardy; to breaking and entering the dwelling-house of Francis Paterson, with intent to steal; and to burglariously breaking and entering the dwelling-house of George Seager, and stealing his watch, having been convicted of felony in July, 1881, at Brighton.— Five Years' Penal Servitude.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MESSRS. KEITH FRITH and BAYLIS defended Hartnett.
ROBERT ADE . I am a bricklayer, of 19, Denmark Road, Camber well—on 26th December, about 8 p.m. I was walking towards Marlborough Road—I asked Hayes and another "Do you know where Whitehead's Grove is?" Hayes said "Yes, I am going that way, I will show you"—we went through a turning out of the Marlborough Road into the Eagle public-house—Hayes said "I suppose you will give us a liquor;" I said"I do not mind," and I, Hayes, and the other man went into the Eagle—I called for a pot of sixpenny ale; the landlord said "I shall not serve these men"—Hayes said "Come a little lower down, they will serve us at the beershop"—we went into a beershop—I called for ale and drank a little, and left the two men there—they overtook me in about 300 or 400 yards—one man took hold of my walking-stick, another caught hold of my arm, McGreevy caught hold round me, and Hayes hit me in the ear from behind—I fell to the ground senseless—I lost my watch and chain, two pockethandkerchiefs, a small pin, a knife, a pair of black kid gloves, and 7s. 6d. in loose money—I had some gold in a secret pocket in my waistcoat, which was safe—I had noticed the property was safe about an hour before—I had some loose coppers also which I did not count—when I got up I was covered in mud—no one was in the street—I can only identify Hayes and McGreevy—I looked over my shoulders, and recognised McGreevy by his features—I picked him out from six or seven others at the police-station as the man who held me, and whom I looked over my shoulder and saw—I recognised
Hayes in the dock—my watch was a silver Geneva of the value of about 3l. 10s.
Cross-examined by McGreevy. I did not say at the police-court that I identified you as having those clothes on—I swore to you to the best of my recollection—you had the same clothes on as you have on now.
HENRY SKEATS (Policeman B 328). On 26th December, about 5.15 p.m., Ade complained to me in Keppel Street—he was covered with mud and in a confused state—in consequence of what he said I went to Princes Street and received information—I looked about—I saw Hartnett, Brooker, and two others—I saw a watch in Hartnett's hand—it was silver, with a chased back, and a kind of star in the centre—I heard Hartnett say "Is not it a bleeding good one?"—I said "Yes it is, Tom"—he was showing it to the other three—I took hold of him—we struggled very much, and he threw me to the ground in the mud—he got away with the watch and they all ran up Oakum street together—I followed into Wickham Place—I went into No. 2 upstairs, and tried the back room door—somebody seemed to be pushing from behind—I came downstairs and stood on the stairs—McGreevy said to me in the passage, "Is it you, Tom?"—it was dark and he could not see me—I said "Yes, it is;" he said "Sling me the bleeding watch;" I said "I have not got it, who has got it?" he said "Tom Hartnett, ain't I talking to Tom Hartnett?" I said "No, you are talking to one of his pals, where is Tom Harriett?" he said "Up in the top back room, go and get the bleeding watch, we'll soon settle the copper"—I said "Will you? I should like to have a look at you"—I took hold of him and he struck me in the head and kicked me—I took him out of the passage into the court, where it was light—I knew him and let him go—then I went up to the back room at the top—I burst the door open—I found Hartnett and took him into custody—he struck me several times and kicked me—Brooker, who was on the top of the stairs, also kicked me—I brought Hartnett downstairs after a great struggle and got out into Oakum Street—Brooker came up again, and struck me a violent blow in the mouth, broke one tooth, and knocked another out—Hayes then came up and struck me a violent blow on the ear—after about half an hour, while I was holding Hartnett and the prisoners kicking me all over, a police sergeant came to my assistance and I took Hartnett to the station—the others got away—I suffered pain for a considerable time and I only returned to duty yesterday—on 2nd January I apprehended McGreevy at Hounslow barracks—he was a private in the Middlesex Militia—the recruits are out for training—McGreevy said "I expected you before"—I had not then said anything to him but only touched him with a stick—he is the man I took out in the light—he was dressed in a light jacket with a cap and peak—I had known him for years.
Cross-examined by MR. BAYLIS. Hartnett was standing under a lamppost when I first saw him—he tried to get away when I snatched at the watch.
Cross-examined by Hayes. I cannot swear to you.
Cross-examined by McGreevy. You had been away as a soldier—I did pass you that night—there were others in the passage but I took hold of you—I recognised your voice—I could tell it out of five thousand—I said I could not charge you with robbery—I was not present at the robbery.
WILLIAM HOY (Policeman B 408). On Boxing night I was in Waltham Street police station about 5.45 p.m., when Hartnett was brought in custody of Skeats—he gave me a description of three men and I went to Leader Street—I saw Brooker—when I took him into custody I told him he was wanted at Wilton Street for being concerned with three men in highway robbery with violence"—he said "You have got the wrong man"—I took him to Waltham Street Police-station, and Skeats identified him—he was sober—the flame night, about 9.30, I went to Lower Sloane Street—I went into a public-house there in plain clothes, and took Hayes into custody—he said "I know what you want me for, but you made a mistake, I was in bed at the time in pimlico Road"—I took him to the police-station.
Cross-examined by Brooker. You asked me what it was for, and I told you—you spoke to me before I had a chance of speaking to you—I did not mention any time.
HARRY FENN . I am a colour sergeant in the Middlesex Militia—I was called before the Magistrates for McGreevy—he belonged to the 3rd Battalion of the Middlesex Regiment, the depot of which is at Richmond—he joined on the 22nd of November, had his regimentals the same day, and his plain clothes taken in store—his undress colour is red—he wears a greyish kind of overcoat—he was on pass at 4 p.m. on 24th December till 26th at 12 p.m.—he overstayed hit) pass till 11 a.m. on 27th—a constable came to me and identified him from sixteen others.
Cross-examined by McGreevy. I came to you when you were in bed, and I arrested you for being drunk—you asked me if I had brought your clothes down—you asked me in the witness-box whether those clothes were taken on 22nd November—you could not get them.
By the JURY. He was in uniform when taken—he had not a grey great-coat on—he went on leave in his ordinary red uniform.
MARY ANN HOLLAND . I am wife of Thomas Holland, of 7, Orford Street, Chelsea—I have known James Hayes three or four years as James Ahearn—he lodged at 186, Pimlico Road, a lodging-house kept by my husband—I saw him and another man with the prosecutor in Cadman Street by the Moore Arms—Hayes was talking to the prosecutor, and had got hold of his coat as if he was persuading him to go into the public-house—the prosecutor was swaying backwards and forwards—the prosecutor was the worse for liquor—that was between 4 and 5 p.m.
Brooker in defence said he was not there, but was in a public-house when the robbery took place, as the constable knew.
HENRY SKEATS (Re-examined). Brooker said before the Magistrate he was in a public-house an hour before the robbery took place, and on the Magistrate's instructions I made inquiries, and found that was so.
Hayes in defence said the prosecutor and the constable did not agree as to the time of the robbery; the prosecutor took him to a beerhouse and left him there; the prosecutor did not identify him, and it was only a made-up case. McGreevy in his defence said it would be impossible for the prosecutor to recognise him looking over his shoulder; he was not guilty, or he should not have stopped to be arrested; the policeman said he spoke in a low tone of voice, but he had not heard it for five years, and his ordinary clothes were in the store.
GUILTY **.— Five Years' Penal Servitude and twenty strokes with the cat each.
MR. W. T. RAYMOND Prosecuted.
HENRY RICHARD DELLER . I live at 20, Davis Street, Peckham—I have retired from the business of a licensed victualler—on 25th December, about 9.15 or 9.30 a.m., I was in Farringdon Street waiting for an omnibus—I was wearing a gold watch and chain with a spade guinea attached to the end of the chain—my great-coat was buttoned up—I also wore in my tie an old-fashioned pin that I had had for thirty years; it was an enamel; the diamond was lost years ago—I carried a leather bag—I was not quite sober—the prisoner and two others came round the corner of the street and surrounded me—the prisoner with his left arm suddenly jerked me under the chin, and put his hand into my breast pocket and jerked my watch and chain out and passed them to his chief companions—a policeman came up and I called out"Police"—I was on the ground, and scrambled up and seized the prisoner with my right hand—I gave him in charge—the policeman afterwards showed me the bow of the watch (produced)—I did not miss my pin till three or four days afterwards, when my sister saw it was gone—I kept hold of the bag till I got to the station and booked the charge—I felt I was hurt—I subsequently went to St. Bartholomew's Hospital—the policeman took me—the doctor said I had one broken rib and one fracture—I must have been kicked.
Cross-examined by the Prisoner. I was standing on the pavement at the corner—I saw something pass and I knew my watch and chain were there.
Re-examined. I had seen them safe a quarter of an hour before—only the hook of the chain was left—I had hold of the prisoner's arm as well as I could, and my bag in my left hand—I saw no female near.
WILLIAM MILLER (City Officer 927). On 25th December I was on duty in Farringdon Street about 9.15 p.m.—I saw four men in the road about 40 yards from the corner and near the market—the prosecutor was on the ground; the other three were close to him—they were about 40 yards off when I first saw them—two of the men came towards me, and the other in the opposite direction to the underground station—I went to the prosecutor—he was getting off the ground—he said "That man has my watch," and I took hold of the prisoner—the prisoner said "Leave go of me," and tried to throw me down with his leg—with the assistance of another constable I took him to the station—I charged him; he said nothing—a quarter of an hour afterwards I searched the place—I found this bow of a watch where I saw the four men—I showed it to the prosecutor, and he identified it.
Cross-examined by the Prisoner. The prosecutor had not hold of you when I came up; he was about a yard off.
The prisoner, in defence, said a female pointed to him and the prosecutor said "This man has robbed me "He was recovering from drink and was rather obstinate with the constable, but was innocent.
OLD COURT.—Thursday, January 11th, 1883.
Before Mr. Justice Hawkins.
MR. POLAND for the prosecution, offered no evidence.
NOT GUILTY .
MR. POLAND offered no evidence.
NOT GUILTY .
NEW COURT.—Thursday, January 11th. 1883.
Before Mr. Recorder.
MR. GRAIN, for the prosecution, offered no evidence.
NOT GUILTY .
214. JOHN RICHARD MORGAN and HENRY STONE, Conspiring to obtain from Mary Evans and another, their goods. Other Counts, for obtaining 100l. and other sums from the said Mary Evans and another, with intent to defraud.
MR. BESLEY offered no evidence.
NOT GUILTY .
GEORGE MAYOR . I am one of the firm of Sir Robert Carden and Co., stockbrokers, 3, Threadneedle Street—my brother Horace is also a partner—I had not seen the prisoner before he came on 19th July and asked for Mr. Mayor—I went forward, and he said "It is your brother I wanted to see; "I said "He is not in"—he said he wanted to see him on a charitable case of Miss Hayward, whose family we had known very well indeed—he said that my brother was desirous of helping her in some way through friends, and mentioned several who wished to co-operate with him in getting some sort of annuity for her, as her father was just dead—he said he had seen my brother upon the subject—he mentioned several well-known names in the City who we knew very well, and who knew the case to be a sad one—he said "Can you tell me the value of these bonds?" handing some to me—I looked at them and said I did not think they were negotiable on the Stock Exchange, but would ask Messrs. Burt and Co., of Cornhill, through the telephone, the value of them—Mr. Percival then telephoned to Mr. Burt, and got a reply of the quoted price—I brought the bonds to him from private room, where the prisoner was speaking to me—I was then called away upon other matters, and left the prisoner in the private room—this is our cheque for 202l. 8s. 6d.—it is signed by me—it has been paid through our bank—
that was signed before I went away—I believed the prisoner's statements about my brother and Miss Hayward—the cheque was already signed.
Cross-examined by MR. COTTINGHAM. I do not think the prisoner saw any clerk before he saw me—the interview lasted 10 or 15 minutes—I have not corresponded with Miss Hayward since I saw the prisoner—I believe my brother has—the prisoner must have been acquainted with Miss Hayward—to the best of my recollection I said before the Magistrate, "I am not certain that you said to me that you knew my brother," I cannot say—my brother was interested about Miss Hayward—the prisoner did not give me his address before leaving; it was given to Mr. Percival.
Re-examined. The prisoner's knowledge of my brother induced me to hand him over to Mr. Percival—I said before the Magistrate, "I am not certain that you have said to me that you knew my brother, but you said to me that you had seen my brother about Miss Hayward"—I have no doubt about his saying the last part.
WILLIAM PERCIVAL . I live at Brixton—I am corresponding clerk to Sir Robert Carden—on 19th July I saw the prisoner in the private room; Mr. George Mayor called me in—I must have seen the bonds—in consequence of what Mr. Mayor said to me I telephoned to Messrs. Burt, the money-changer's—that was in the public telephone office—I took their reply back to the prisoner—I said the bonds were worth about 17l. each—if any one is in the private room they can hear what is said in the pubic office if they listen—I believe Mr. Mayor had left before that—the prisoner hesitated, and then said "I must confer with my friends"—I asked for his address, and he gave me this envelope out of his pocket, "8, Cowley Street, Palace Yard, Westminster," and to that address I afterwards communicated—he mentioned the name of Stephenton and Co., of Westminster, in connection with the bonds, leading me to think that they were connected with them—he left the office presumably to see if his friends would accept the value I quoted, and on the same morning he came back, and said "The price will be accepted"—that was in the private room where Mr. Mayor had been—some one went round with the bonds—we telephoned a second time—the prisoner was away 20 or 30 minutes—there were 12 bonds—I received back from Messrs. Hurt a cheque for the bonds—I then handed the prisoner this cheque for 202l. 8s. 6d., payable to the order of G. Reid—it is endorsed "G. Reid"—I also handed him a contract note; it is written by a clerk—the entry in the book would tally with the note—the prisoner did not mention the name of Beaucon or anything like it.
Cross-examined by MR. COTTINGHAM. The envelope has been through the post—Stephenson and Co. are engineers at Westminster—it did not occur to me to telephone to them, the case being handed over to me by Mr. George Mayor—I wrote down "Stephenson and Co." in a rough, hasty way, simply the initials—I took no note of the conversation—the prisoner did not leave the bonds—I said before the Magistrate, "You left the bonds with me simply for the purpose of ascertaining their value"—I think he left the bonds with me—the two interviews lasted about 10 minutes each—the production of the bonds had a great deal to do with my parting with the cheque—if they had not been produced I should not have given it.
Re-examined. I believe the bonds were bond fide negotiable property—I made no inquiries except as to their value, from Burt's—these instructions are my writing—I see the date upon it—they are merely for the control of my own desk—the letter of 19th August is my writing—I wrote it to the prisoner in consequence of some communication from Burt and Co., that the bonds had been stopped. (Asking the prisoner to call, that Messrs. Garden and Co. might see him about the bonds)—I had no answer—all answers would pass through my hands.
By MR. COTTINGHAM. There may have been letters addressed "Private"—the prisoner did not call—I am at the office during business hours, and the last to leave—I believe he called on Mr. Boyle, the firm's solicitor, about 30th August—the warrant was taken out in November.
Cross-examined by MR. COTTINGHAM. I am not senior to Mr. George Mayor—I knew Miss Hayward 20 years ago—I wrote to her directly I heard of this transaction, to know if she knew of it—the prisoner knew her father I should say, from her letter to me, eight or nine years—she has been in great distress many years—it was not clear that the prisoner was intimate with her; on the contrary, she wrote me a most indignant letter—there was a question of an annuity to her between my brother and myself, but I knew nothing of the prisoner in it—I do not think I ever saw him till I was at the Mansion House.
CHARLES MANBY . I live at 10, Lower Grosvenor Place—I am the London representative of Messrs. Robert Stephenson and Co., engineers, of Newcastle and Westminster—my offices are at 9, Victoria Chambers, Westminster—I do not know of any other firm of that name at Westminster—I have been their representative between 27 and 30 years—I do not know Reid—I saw him first at Guildhall—I do not know anything of any sale of bonds to Sir Robert Carden and Co. on 19th July—I had no communication to or from the prisoner with respect to it.
Cross-examined by MR. COTTINGHAM. There may be other firms of Stephenson and Co.—I am not interested in the Stock Exchange.
FREDERICK BURT . I am one of the firm of Burt and Co., foreign bankers, of cornhill—on 19th July I had a communication from Messrs. Carden and Co. with respect to some bonds—I gave a price for them—we shortly afterwards received 12—I gave a cheque in exchange—I entered them on this document—we sent them to Paris—we had to replace them in consequence of what we heard from Paris—that was our loss—in consequence of that I made a communication to Sir Hobert Carden and Co. on or about 15th August—we have sent a formal demand for the bonds, but it is no use, they are seized—I have no reason to suppose they are destroyed or lost. (MR. COTTINGHAM objected to the production of a document describing the bonds, as there was no proof that they were not in existence.)
NAPOLEON ARGLES . I am a solicitor of the Supreme Court—I have practised in Paris for along time—I was employed by Mr. Boyle, the solicitor in this case, to get evidence from Paris—I have made every endeavour to get a witness from France.
Cross-examined by MR. COTTINGHAM. I sent instructions to my agent in Paris to see the owner of the bonds, and he saw him. (The COURT, having consulted MR. JUSTICE HAWKINS, admitted the evidence.)
FREDERICK BURT (Re-examined). This document contains particulars of the 12 bonds. (6 Credit Foncier 3 percent. 1879 at 16l. 18s. 9d., Nos. 918,420, 1.147,167—8, 1,170,591, 1,275,780, and 1,180,147, and 6 Communales 3 percent. 1879 at 17l. 8s., Nos. 227,280—1, 228,335—6, 230,166, and 350,382).
Cross-examined by MR. COTTINGHAM. I am quite sure I took down the particulars—I do not usually take the numbers—I swear it is my writing, I took the particulars the same day—I did not go to Paris about them—we communicated the same day we received information from Paris they were stopped—we do not take in the journal of oppositions—we sent the bonds to our agent, a Frenchman—I do not know the original owner—I instructed our agent to replace the bonds that were stopped—they were seized by the Official Syndicate.
Re-examined. Messrs. Carden's name is at the bottom of the document describing the bonds.
NAPOLEON ARGLES (Re-examined). I am the author of a work on French Law—there is a special law in France with reference to lost or stolen securities—it is called the law of 15th June, 1872—by that law an owner, as soon as he discovers his loss, gives notice to the institution that issued the bonds, with the numbers of the bonds, and the dates, and other particulars, and when he acquired them; he serves a similar notice upon the Paris Syndicate of Stockbrokers, giving the same information—the Syndicate insert in their Official Journal the numbers of the lost or stolen bonds—that notice renders the bonds unnegotiable—I produce an official copy of that law and my own translation—the official journal is called Bulletin Officieal des Oppositions—that journal is issued daily, and solely for the purpose of advertising the numbers of the lost and stolen bonds—it only contains the numbers—these are copies of that official paper. (MR. COTTINGHAM objected to these journals being produced.) This copy is signed by a Syndicate of the Corporation of Paris brokers, and it is legalised by the Mayor of the district and attested, and the Vice-Consul in Paris has legalised the signature of the Mayor, therefore I can swear to the signature being genuine—the papers are published by the Paris Syndicate and circulated—I know the signature of the British Consul, I have seen him sign. (The numbers before referred to were then read from the Bulletin Officiel des Oppositions of 19th July, 1879; the issue of the paper of 30th March also containing the same numbers.) When the bonds come back they are impounded by the Syndicate—the owner can receive them back on making out his title, unless opposition is raised and evidence is offered to induce the Syndicate not to send them back to him, when the question is tried.
Cross-examined by MR. COTTINGHAM. I am not an avoue in Paris, nor a French lawyer in any sense—in the case of bonds being stopped, the owner deposits his name and address with the Syndicate—there is no difficulty in ascertaining to whom the Syndicate has transferred the bonds—the Syndicate is a corporation of Paris stockbrokers, a monopoly.
Re examined. They are an official as well as a corporate body.
AUGUSTUS HADLEY . I am cashier at the head office of the Cheque Bank, in Cannon Street—the prisoner is an occasional customer—on 19th July, between 12 and 2 o'clock, he produced this cheque on the London and County Bank of Sir Robert Carden and Co., for 202l. 8s. 6d.—he said he wanted some of our cheques in change for it—at my request he filled
up this slip attached to the cheque: "Three cheques at 10l. each, one cheque at 5l., total 36l., G. Reid, 8, Cowley Street, Westminster"—I put upon it the numbers of these four cheques which I gave him—the dates were in blank—I also gate him an open cheques on Williams, Deacon, and Co., for 140l., payable to endorsed "G. Reid"—the cheques are filled up in the prisoner's writing, I write the amounts—the dates on them are July 22nd, 24th, 26th, and 31st—they are all payable to self, and endorsed "G. Reid," in the same writing as the slip which the prisoner filled up—I should say Deacon's cheque is in the same writing also.
Cross-examined by MR. COTTINGHAM. I knew Reid by name and as a customer at the bank.
HENRY GILGERD . I am an iron merchant, of 65, Gracechurch Street—on 31st July Reid gave me this open cheque on the Cheque Bank, and requested an often cheque for it—I gave him one of my cheques in exchange for it—I paid it into my account (Payable to Mrs. Margaret Campbell, and so endorsed).
RICHARD COUNRTNEY BOYLE . I am k solicitor, of 179: Gresham House, Old Broad Street—I have acted as solicitor to Sir Robert Carden and Co. in this matter—I received instructions from them, and went with Sergeant Webb to Cowley Street, Westminster, on the 30th August, about 9 a.m.—we Saw the prisoner after some little time, and I told him I had called to see him with reference to some Credit Foncier Bonds that he had sold to Messrs. Carden, who had been informed that they had been stolen—I said "How did you come into possession of the bonds, what can you tell me about them?"—he said"Well, they were the property of a friend of mine; there was a Frenchman named Beaucon staying at the Langham Hotel, he could not speak Engham, he knew no one in London, and he asked me to negotiate the bonds for him, and I did so; I handed him the money and he gave me a receipt for it"—he spoke in a very disjointed way—he said "I will get you the receipt and bring it to you"—I said "The bonds have been stolen, and my people wrote to you to ask you to call"—he said in a very disjointed way that he had received a letter and meant to call, or something of that kind—he acknowledged he had received a letter but made excuses—he did not say that he had marked the letter "Private"—he said he had called about it—later in the day he called and produced this receipt: "19th July, 1882 Received from Mr. Reid 200l., the proceeds of 12 Credit foncier Obligations, 6 Foncier, and 6 Communales, 19-7-82. Erle Beaucon." I asked him several questions about Beaucon—he said that he could not speak English and knew no one in London to transact the business for him—he said "I have seen him recently, "I think about a week ago," at the Langham Hotel"—he said he was staying there—he called at my office once, if not twice, afterwards—he said he should go to Paris and see him, or he should make inquiries about him, or some such thing as that; after that I did not see him for a long time—I never saw or heard anything of Beaucon.
Cross-examined by MR. COTTINGHAM. I had called at his address the night before I saw him—I saw a housekeeper and said what I called about—he may have called upon me three or four times—the receipt did not appear to be recently written—I looked to see if it was new ink and noticed it was for 200l.
Re-examined. I could not see whether the receipt was allowed to dry or was blotted at the time—I noticed the amount because he told me.
HENRY WEBB (City Detective). I went with Mr. Boyle on 30th August and saw the prisoner at Cowley Street, Westminster—I apprehended him there in November—I said "Mr. Reid, I am a City Officer"—he said "I have seen you before"—I said I had come respecting these bonds, and told him I had a warrant for his apprehension—I produced it, he read it and said "I have not heard from Mr. Boyle, the solicitor, lately; I have been making inquiries respecting this man Beaucon, I have not been able to find him. I should not have gone to Sir Robert Carden's to dispose of those bonds had not I known Mr. Horace Mayor; he is known to me and knows me well"—I said "Inquiries have been made at the Langham Hotel, and no Mr. Beaucon can be found as stopping at the hotel"—he said "I have made every inquiry, but I cannot find him"—I said "You said you would go to Paris to find him"—be said "I have not been able to find him."
Cross-examined by MR. COTTINGHAM. This was on 2nd November—I had the matter in hand from 30th August to 2nd November—I watched for him in the street, and when he came out I apprehended him—I took no note of the conversation—I keep no note-book—I have been forty years an officer—he did not say he was still trying to find him.
JOHN ALBERT PELICAN . I am chef de bureau at the Langham Hotel, Portland Place—I keep a book with the names of visitors—I know no person named Beaucon, or anything like it—every visitor is obliged to put his name in the book on arrival—I have searched the book.
Cross-examined by MR. COTTINGHAM. We cannot tell if a visitor writes another name.
WILLIAM KING . I am a clerk in the office of Sir Robert Carden and Co.—I made this entry of bonds on 19th July last—I have no recollection of making a copy, but in the ordinary course of business I should do it—this is the entry: "Bought for Messrs. Burt and Co. 6 Foncier Bonds at 16l. for 102l. 8s. 6d., sold by Messrs. Stephenson and Co.; and 6 ditto Communales for 100l. 12s. 6d. also sold by Messrs. Stephenson and Co."
Cross-examined by MR. COTTINGHAM. I do not remember who dictated it—I had seen the bonds, but they had gone to Messrs. Burt's—I should enter it from recollection.
MR. COTTINGHAM submitted that by the Queen v. Adams in "Law Times Reports" of 1859, Vol I., New Series, the prisoner's guilty knowledge had not been shown. MR. AVORY contended that by the Queen v. Jarman, in Crown Cases Reserved, the circumstances to show guilty knowledge were for the Jury.
The COURT held that, as in the case of ordinary chattels that had been sent over here to be disposed of, the question was whether the prisoner's conduct when he made the representations did not show that he knew them to be false, and whether he was contributory to fraudulent conduct; that must go to the Jury.
GUILTY. Recommended to mercy by the Jury on account of his age. — Six Months' Imprisonment.
THIRD COURT.—Thursday, January 11th, 1883.
Before Mr. Common Serjeant.
MESSRS. MONTAGU WILLIAMS and C. MATHIEWS Prosecuted; MR. FULTON Defended.
CHARLES MAKEPIECE PEARSON . I am a curtain dyer and cleaner of 11A, Anne Road, Hackney—on 4th December I saw this advertisement in the Daily Chronicle, and in consequence of that on the morning of 6th Dec. I went to 11A, Lavington Street, the address named in the advertisement—I said "Is this your advertisement?"—he said "Yes," and took me into the stable and showed me the two horses advertised in the paper—he asked me which one I had come about—I said the one advertised as a laundry horse, to suit a laundryman—he whipped one up behind and said that that was it, and he wanted 10l. for it—I said "In the advertisement you offered to lend it out for two months for its keep"—he said "Yes; you will have to leave me a deposit of 4l. and then you can have it for the two months. I am not here to-day and gone to-morrow," and he looked round the yard at the vehicles—I said I would consider the matter over and call again—he did not tell me then what he was—I went and saw him again on the evening of the 14th December—he said, "The horses I have shown you before I have let out on the same terms"—I was about to leave the yard, he followed me and said, "I have got another one that will suit you, you can have it on the same terms, but at present it is out"—I left him—about a month afterwards he came up to a public-house where I was and whistled at the door—I went out to him and he said "The horse I spoke to you about is just come in, will you go down and see it?"—I went down with him and saw the horse—he said "If you like to take that one and leave me a deposit of 4l. you can have the horse away, and if it does not suit yon, you can fetch it back and I will return you your 4l.; this yard is mine and the cabs you see and horses are mine, you see I am not here to-day and gone to-morrow. I don't want to have you and you would not have me"—he said all that without my saying anything—I said "I want a receipt for the 4l.—he said he would give me a receipt and a warranty too that the horse was sound, and the full price of the horse would be 12l.—he gave me this receipt (produce)—I wrote it at his dictation. (Read:"Received of Charles Pearson the sum of 4l. deposit on a chestnut horse, warranted. quiet in harness and sound; if not approved within this time three months I will return the money in full.") I gave him the 4l—I then went with him and the man who had gone with me to the stable, and I told the man, "Put the head stall on and take the horse away, you have got to ride it down"—the prisoner said "No you don't"—I said "What do you mean?"—he said "That is what I mean, you will have to pay me the other 8l. before you take the horse out of the stable"—I said "That is not what the agreement was, that is not what was arranged'—he asked what I took him for—I whispered to my man to
go for the police—the prisoner heard it—he said I could fetch forty policemen—the man came back and said he could not get a policeman—another man had come into the stable—I told my man to go to the police-station, and after he had gone the other man commenced knocking the horse under the belly and jumping it about and saying "This is a good one"—the prisoner said "Why don't you go yourself for a policeman?"—I said I was not going unless he gave me my 4l. back—he got very quarrelsome and said for two straws he would pull my nose—I then went to the police-station and complained and then went home—I saw the prisoner next day at Clerkenwell Police-court—he was charged with obtaining this money under false pretences—he told me his name was Atkins when I wrote the receipt, and he put his mark to it—I gave him a copy of the receipt—I parted with my 4l. because I thought he would act honourably—I had no reason to suppose there was anything wrong—I believed his statement that the horses and cabs were his.
Cross-examined. On 5th December he asked me for and I gave him my name and address—we conversed about the 10l. horse then—that would be a lowish price for a horse—the terms were favourable—I said I would consider the matter and call again—I called again on the 14th December—he was there when I wrote this receipt—he did not say "You must give me some kind of acknowledgment that you have pot the horse in your possession and will return it to me," nothing of that sort—this is a copy of the receipt to show I had got the horse—I said at Clerkenwell "He asked me to give him a paper to show that I had got his horse"—this paper shows I had got it, it is a copy of the receipt—he could not write—he dictated it and I wrote it down and read it to him, that I swear—he did not say "You are not going to take it before I have made some inquiry about you"—my man is not here—I am a tradesman—he said "Will you give me a copy to show you have got my horse?" and this is the copy I gave him—I said "I am going to take it to-night"—he said "You are not going to take it to-night," and I said "Yes, what do you mean?"—he said "You must pay me my 8l. before you take it away"—he did not say "to-night"—I said I would not go until I had got my 4l.—he said "You may go for the policeman, you may fetch forty policemen if you like"—I said before the Magistrate "The prisoner did mumble something about not knowing anything about me, and that I should return the horse," and I suggested that he should go with me to see if I was respectable—this animal the man knocked and trotted about was not the one I had seen on the first occasion and was to have for 10l.—it looked a strong good horse, and I had no reason to suppose it was not a good one—I had not tried it before I offered 12l. for it.
Re-examined. I offered him to go and see if I was a respectable man—he did not go—he asked for no other piece of paper than these two—he did not offer the 4l. back—he has never paid me.
Cross-examined. Those are the stables Pearson has been speaking of—the prisoner did not rent a stable there—I underlet them to Mr. Wells.
prisoner has none—I let him a stable—he has had two horses, and at one time three, standing there—there is one at present—I am the proprietor of all the cabs in the yard.
Cross-examined. I rent the stables from Mr. Smith, and underlet one to the prisoner—he has had the use of the yard to trot a horse up and down—he has been there 14 or 15 months, I have been 14 or 15 years—he has always borne the character of a respectable man.
Re-examined. Mr. Smith was the, proprietor of the yard—it can stand 17 or 18 horses—the part the prisoner rents would hold three.
JAMES AUSTIN . I am an inspector of Hackney carriages—the house and stables at 11A, Lavington Street are in my district—I produce a register of persons licensed to keep carriages in that district—the name of Atkins is not on it.
The prisoner received a good character.
GUILTY of obtaining money by false pretences. — Three Months' Hard Labour.
MR. CRANSTON Prosecuted.
JOHN FOSTER . I keep a beerhouse at 4, London Street, Ratcliff—on 26th December, about 12.15 a.m., I was sitting in my parlour on the ground-floor—the kitchen is in the basement—three persons came into the house; the prisoners are two of them—I knew them as Carty and Fox—Carty asked for three pots of ale, holding up 1s.—I said he was too late, and I had done business—I had closed at 11 o'clock as it was Christmas Day—Carty said he would go over the way and get it—I said "Very well"—Carty and the other two went with him into kitchen—I heard a noise of throwing things about, and went down there—I saw the hot and cold water taps turned on, and the water flowing all our the kitchen, and the kettles and pans thrown about—I told he the prisoners to leave the house—Carty hit me in the face with his clenched fist, and knocked me down—I fell on the floor—my wife came to my assistance, and Carty knocked her down—Fox said "Let them have it"—they started kicking me over the legs and hips and back, and my wife the same—I feel the effects on my right leg still—I was under a doctor's care three days-we both got up; my wife left the kitchen, and I followed—the prisoners passed the parlour and went into the street—my wife went for the police, and as soon as they saw her go the returned—I was standing in the parlour—Carty rushed in, and made a blow at my head with his fist—I escaped that, and his hand went through one of the windows of the door—his hand was cut and bleeding—they then both started hitting me about the head—the third man was in the passage saying "Let him have it, settle him"—I did not fall—I standing rather in a stooping position, and I field Carty's hand in my right-hand trousers pocked—he then bought his hand round to my left waistcoat packed I had put 9d. in bronze in my trousers pocked a few minutes before—whether I had any silver I cannot say—I am certain about the bronze—I saw his hand, and I took it away—I had nothing in my waistcoat pocket—I had not my watch on—he knew in the hap it of wearing it—they
kept going out and coming in as if waiting for my wife, and when she came they all went away—I missed the money after I went to bed—if it was taken it must have been taken by them when the hand was taken from my pocket—I described them to the police, and made a charge—I next saw Carty on the night of the 26th in the kitchen of the lodging-house some few doors from me, at 8 and 9, London Street—he was subsequently taken on this charge.
Cross-examined by Carty. I told you were robbing me at the time.
Cross-examined by Fox. I did not see you there the next morning—my wife was there—you did not ask to go to bed when you came in, nor did I refuse, saying "You are not paying."
By the COURT. The prisoners have lodged at my house occasionally when they have been out of prison—Carty sleeps on the ground floor, and Fox on the first-floor back—I should think it is about nine months since the first came and 12 months the other—they come pretty regularly—I keep a registered lodging as well as a public-house—the houses are separate—I was sitting in the lodging-house parlour when they came—they had come in to lodge about an hour before—they had not paid—they pay each night before going to bed—they have not paid weekly—I receive by the week; very few pay weekly—they would as lodgers have access to the kitchen and be allowed to cook things down there—they were neither drunk nor sober—I was sober.
Re-examined. They had no right to turn on the hot and cold water and break the dishes—I asserted my rights and they kicked me.
ELIZA FOSTER . I am the last witness's wife—at 12.15 a.m. on 26th December the prisoners came in to our parlour—Carty offered a shilling and asked for three pots of ale—they were lodgers in our house that night, but the parlour is private—when we refused Carty said "If you don't serve us I will have your b—life"—we should have had to go into the next house and unlock the doors to serve him—the gas was all turned out—the prisoners then went down into the kitchen—hearing a noise my husband went down, and I followed him—I saw the three men throwing the pots and kettles about, and the hot and cold water was turned on, and the pail with tea leaves in it was thrown about—they had a right to go down there, but not to turn on the water and break the pans—my husband went to turn them out—Carty struck him on the temple and he fell—I went to help him up and fell, on account of the place being so slippery—Carty did not hit me before I fell—they all three pushed me—when I was on the ground they all three kicked me on the shins and hips and all over the body and said "Give it the old cow" and kicked me and my husband together—I feel the effects on my chest still—that was from a kick—they had boots on, and they generally wear hobnail boots—they are dock labourers—I have not been to a doctor, but I have not been well since—we went upstairs—I went into the parlour and shut the door, and a few minutes afterwards went out for the police—when I came back with a policeman I saw the three men running away—the next morning, Boxing Day, between 9 and 10 o'clock, Fox and the man not in custody came to the beerhouse and broke 10 windows and all the pastry and things in the window—Carty was not there—I think Fox was taken on the Friday—on the very morning this took place in the kitchen I complained to the police, but they were too busy to come then—they came in about half an hour—Carty was taken on Boxing day—I saw Fox
hit my husband a great many times—men in humble circumstances come to our house, dock labourers and travellers chiefly—we charge 4d. a night or 2s. a week.
By the JURY. I had other lodgers in the house that evening—they were disturbed, but it is a rule if they hear a noise they never get up—if any one was murdered in the house no one would assist—I never had a row there before—we had never had any disturbance with the prisoners before—no one else was in the kitchen.
Cross-examined by Carty. I was not in the kitchen poking the fire and washing up the cups and saucers and dishes when you came; I was in the parlour.
Cross-examined by Fox. The lodgers generally pay their money in the parlour or in the shop—you always paid me at the top of the kitchen stairs, which is some way off the parlour door—there were no policemen there when the windows were broken—I sent for a policeman and he told me I was to summon them.
HENRY NEWELL (Policeman H 304). About 11.15 p.m. on 26th December I went to 9, London Road—Carty was lodging there—I said "I shall take you in custody on a charge of assaulting and robbing Mr. Foster"—he said "I know nothing about the robbery; I know we had a row there last night, and I got my finger cut with a knife they cut the bacon with. I am going to summon them. Why didn't they charge me last night when the police were there?"—his hand was bandaged up.
JOSEPH SOPER (Policeman H 383). On 5th January, from information received, I went down Farm Road, Mill wall Docks, and saw Fox standing among about thirty others—I asked him if his name was Fox—he said "No"—I said "I want you for being concerned with two others in assaulting and robbing a man in London Street on Christmas night"—he said "All right"—he said by the railway station "Don't hold me, you have got the right one"—King was with me in plain clothes—I told him to take down in writing what Fox said.
---- KING (Policeman H 207). I was with Sober when Fox was taken—at the Millwall Railway Station Fox said "You need not hold me, you have sot the right one; I shall not run away; I was in London Street on Christmas night"—at the station, in answer to the charge, he said "I shall want to ask Foster some questions when I get higher up."
The Prisoners' Statements before the Magistrate. Carty says: "I never hit her," meaning Mrs. Foster; "I never called her names; I never had reason to call her names." Fox says: "I never hit the man; there was a row on Christmas night there."
Carty in his defence stated that when he went to the house Mrs. Foster was in the kitchen poking the fire out and making it up for the next morning; that the fourteen men in the house and Mr. Foster were all fighting, and that Mr. and Mrs. Foster were drunk. And Fox said that when he got to the house a lot of men were in the passage who had no money to pay, and Mr. Foster was jawing them; and that Mrs. Foster had no fire, and there was a row about that, and that he knew nothing about hitting him.
NOT GUILTY .
Cross-examined by Carty. I was not drunk.
Cross-examined by Fox. I did not see you next day—I have been looking for you ever since—I did not know you were stopping next door.
Cross-examined by Carty. The fire in the kitchen is not poked out; it is banked up.
Cross-examined by Fox. You helped the man break the windows and then ran away.
The evidence of HENRY NEWELL and KING was read over to them, to which they assented.
Fox in his defence stated that the lodgers were pushing each other about; that he did not see any one push Mr. Foster, but saw Mrs. Foster thrown down in the wet.
GUILTY . CARTY*— Four Months' Hard Labour FOX*— Three Months' Hard Labour.
NOT GUILTY . See page 352.
MR. BAYLIS Prosecuted.
WILLIAM COLE . I am a greengrocer at 62, Royston Street, Bethnal Green—I live at No. 57—on Christmas night I left my shop all right at 10, and at 11 I came to see if it was all right—Thomas Glibbery occupied the rooms upstairs—as I tried my stable gates I heard the side door, which is the street door, open—I went to it as quickly as I could, and saw three men rush out—I halloaed out "Stop thief," ran after them, and caught the prisoner after running about forty yards—I saw him come out of the house; he was the last of the three—there were no people in the street—I called for help, and took him back into 57 till a policeman came—he said "It wasn't me, and I only ran the same way as the other two to see what was the matter."
Cross-examined by the Prisoner. When I caught you I said "If you offer to get away I will kill you"—you said you were innocent—I did not want to take liberties with you.
Re-examined. I saw him come out of the house and through the doorway—I mounted guard over him till the policeman came—he tried to get away—a lot of the neighbours came round and said "Hold him night, Mr. Cole; don't let him get away"—the door is in a side street.
THOMAS GLIBBERY . I am a painter, and occupy the upper part of 57, Boyston Street—on Christmas night I went away at 5 o'clock, and returned next day at 8.30—I went into the front room to light the lamp—I found it was removed—three boxes that stood on the top of the drawers had been put on the table and ransacked, and the drawers were pulled open
and ransacked also—I missed a few small articles belonging to the children; two necklaces, a locket, a pair of earrings, and a brooch, value 2s. 6d.
ALFRED WILLIAMSON (Policeman K 339). About 11.20 on Christmas night I was called to this house, and the prisoner was given into my custody—he said "You have made a mistake, you have got hold of the wrong man"—the front door had been forced open from the outside, the panel was broken, and another door had been opened—in the front room upstairs the drawers and several boxes had been opened, and the things strewn all over the room—in the back room some cupboards had been opened, and the things strewn about the room—I searched the room and the prisoner, but could find no implement that had been used to break open the doors—he had no money and nothing relating to the charge on him.
The Prisoner's Statement before the Magistrate."I was passing down the streets. I saw two men running out of the house. I followed them, and Cole came and cried 'Stop thief!' and got hold of me."
GUILTY . He then PLEADED GUILTY** to a previous conviction of felony in February, 1882.— Eighteen Months' Hard Labour.
MR. HEWICK Prosecuted.
FREDERICK RICHARD FOWLER . I am a telegraph messenger, of 62, Polygon Square—on 27th December, about 1.15 or 1.30 a.m., I was in the Euston Road—the prisoner and another man stopped me—the other man said "Give me twopence"—the prisoner stood by—I said that I had not any money about me—they-both said "Yes, you have, out with it"—I said "I have not got any money"—they hit my pockets, and hearing something rattle, the prisoner said "Out with it; you are the boy that hit my young brother the other day"—they turned my pocket out, and took 2d. from there and 4d. out of my hand, which I had just taken out of my pocket—there were five pence and two halfpence—the prisoner wanted to feel in the other pocket, but I shouted "Police!"—the other man let me go, and I ran down the road—I saw a constable, and told him of it, and we went, and the prisoner was arrested passing us—I am quite sure he is the man—I had a good look at him—I identify him by his coat and the muffler round his neck—I recollect his face only by seeing him that night.
Cross-examined. I did not say at the police-court that you put your hand in my pocket; I said you made me turn my pocket out—I did not say I gave both you and the other man 2d. because I thought you were going to hit me—I did not give you any money; you took it out of my hand.
WILLIAM STONES (Policeman S 124). About 1.20 a.m. on 27th December I was in Euston Road, and Fowler complained to me and gave me a description—I went with him down the road about 30 yards, and saw the prisoner with another man—they ran behind a, cab-rank; there were three cabs there—Fowler said "Those are the men"—they were about 40 yards off—I ran round the cabs, caught the prisoner, and he was charged at the station—nothing was found on him—the other man got away.
Cross-examined. You ran on the off side of the cabs, and I ran on the
near side to meet you, and I met you in the middle of the road—I was not walking on the pavement talking to Fowler when you came up.
The prisoner in his defence stated that when the constable stopped him he had not seen the boy before; that the boy said he gave one man 2d. and another man 2d. and that 4d. was taken out of his hand.
GUILTY .— Nine Months' Hard Labour.
OLD COURT.—Friday and Saturday, Jan. 12th and 13th, 1883.
Before Mr. Recorder.
222. CHARLES HUBBARD (32) and JOHN DICKSON (46) , Unlawfully obtaining by false pretences from William Wratton goods to the amount of 26l., with intent to defraud. Other Counts, for obtaining goods from other persons, and for conspiracy to obtain goods.
JOSEPH WRATTON . I am manager to William Wratton, wholesale clog and gaiters manufacturer, of Canterbury—on 16th or 17th Sept. I received this memorandum from Charles Hubbard, of Motcomb House, South Belgravia, by post, asking for samples—I replied, sending prices—I then received these two other documents, and I wrote to the address on the circular billhead—in reply I received this promissory note, upon which I forwarded the goods, amounting to 26l. 6s. 9d., with this invoice—the samples amounted to 2l. 15s. 9d.—the promissory note was not paid at maturity, and I consulted my solicitor—I passed Motcomb House a fortnight before the bill was due, and saw my goods in the window—I saw a man there; I cannot say whether it was either of the prisoners—I never got the money—I parted with my goods thinking that Mr. Charles Hubbard was doing a good business—I have since seen a pair of gaiters and two pairs of gloves, which I identify as a portion of the goods I supplied—I did not see either of the prisoners during the transaction.
THOMAS HUGHES . I live at 11, Church Road, Battersea—I have known Dickson 14 or 15 months—I know his handwriting—to the best of my belief these documents are in his handwriting. (These were the orders for the goods and the bill of exchange.)
WILLIAM HAYWARD . I am a coachbuilder, at Averill, Suffolk—on or about 13th September last I received this memorandum, with stamped signature—I replied, and received these other two documents, in consequence of which I sent a new cart to Liverpool Street Station to go by passenger train to the address, "Charles Hubbard, boot manufacturer, leather merchant, and dealer, Motcomb House, Kinnerton Street, Belgravia—a week afterwards I received this letter, enclosing this draft—on 9th November I went to Motcomb House; I found a very small shop; there did not appear to be any business carried on there—I inquired for Mr. Hubbard—I could not find him—the door was locked; there was no one at home—it was about 12 o'clock in the day—these two documents found at the place are two that I sent to that address—I sent the goods as I thought he was a genuine man—I have never been paid.
Cross-examined by MR. FRITH. I thought at the time I got the order in September that there was a genuine business being carried on—I could
not swear that there Was not a genuine business carried on there then.
(MR. HUGHES proved the documents in this and the following instances to be in Dickon's handwriting.)
STEPHEN BICKNELL . I am manager to Jones and Company, Limited, sewing-machine manufacturers, 99, Walworth Road—on 29th August, 1881, I supplied a sewing-machine value 9l. 10s. to F. Flowers, of 85, Aldridge Road, Balham—the order was brought to me by Halliday, a canvasser; 10—. deposit was paid upon it—I never obtained payment for the sewing-machine—the documents produced are documents I sent to Mr. Flowers in connection with the machine—I posted them myself.
JAMES HALLIDAY . I live at 27, Sibthorpe Road, Lavender Hill—I am a canvasser for Jones and Company, Limited, sewing-machine manufacturers—prior to 29th August, 1881, I canvassed Flowers, of 35, Aldridge road—I saw Hubbard on the second occasion—he said his name was Charles Hubbard, and that he was a partner in the firm of Flowers and Company—I submitted a list to him, and he selected a machine at 9l. 10s. and ordered it—he said he wanted it chiefly for repairing—he was to pay 10s. on delivery and 10l. a month afterwards—I took the order to the office—I saw the same machine at the defendant's premises afterwards on more than one occasion.
Cross-examined by MR. FRITH. Our firm took proceedings in the County Court with respect to this machine for the whole amount, not giving credit for what had been paid—something was paid on delivery; I did not receive it—I did not know Hubbard as Flowers—I am sure of that—I believe an agreement was made to teach how to work the machine, but I had nothing to do with that.
re-examined. I believe our firm never recovered a penny through the County Court.
THOMAS GRAVES COWELL . I am a boot and shoe maker, at Carnarvon—on or about 18th March I received this document. (Asking for prices of dogs.) Subsequently I received these other two. (Orders for four dosen and three dosen pairs of clogs.) I sent samples to the address, "Charles Hubbard, boot and shoe manufacturer, Motcomb House, Kinnerton Street," to the amount of 24l., with this invoice—on 1st May I wrote and received this answer—I demanded payment, but never received any—at the time I supplied the goods I believed that a genuine business was being carried on.
Cross-examined by MR. FRITH. I don't remember noticing "Established 1870" on the memorandum.
JOHN PATCHING . I am a fellmonger and leather dresser, of Faversham—on or about 10th January last I received this document with card enclosed (This was from Hubbard asking prices of skins)—I replied, and sent samples—I subsequently received this order (For six dosen skins at 12s. a down, and giving reference to Messrs. Nicholls, Newcastle Street, City)—I sent this draft by post for Hubbard's acceptance—I have never been paid—I called at Motcomb House, but did not see either of the prisoners—when I supplied the skins I believed that a genuine business was being carried on—I have since seen and identified some of the skins—these two documents (found on Hubbard's premises) are two that I sent in connection with this transaction.
Cross-examined by MR. FRITH. I received this memorandum with "Established 1870" on it—I did not inquire personally at the reference
given, I got a person to inquire, and I afterwards supplied the goods—I knew nothing of Hubbard—seeing "Established 1870"I thought it looked a genuine business.
DAVID HAYWARD . I am a brush manufacturer, of High street, Bloxwich, Staffordshire—on or about 15th September I received this letter. enclosing card (Asking for price list)—I sent particulars, and afterwards received this order for shoe brushes, amounting to 3l. 14s.—I sent these two documents to Hubbard's, to the same address—I believed that a genuine business was being carried on.
JOHN SHELDON . I am a member of the firm of John Smith and Co., brass founders, at Derby—on 13th September I received this letter from Hubbard (Asking for prices of metal cocks)—subsequently this other letter (Ordering goods to the amount of 4l. 16s.)—I sent those goods—I then sent this letter, which was returned through the post—I believed the business to be genuine; that induced me to part with the goods—I have never been paid.
FREDERICK GEORGE GLOVER . I am a coach and van builder, 1, Dean Street, Oxford Street—in June, 1881, I received an order, which has since been destroyed by fire—it was from Charles Hubbard, Kinnerton Street, Belgravia, for a new cart—I supplied it at a cost of 29l. 8s.—I sent this Invoice "To bill delivered"—there had been a previous invoice—I saw Hubbard after I had supplied the cart, and applied for payment—he said his brother would send a cheque that evening—I have since seen the cart in the possession of the witness Bever—I believed from the writing that the business was genuine—no cheque came—we have since sued, but never recovered.
Cross-examined by MR. WOODGATE. I saw "Established 1870" on the billhead—I called for payment about a month after the delivery of the cart, in September I think, the cart was delivered in August—a writ was issued, but my lawyer said there were so many executions in, it was hopeless to go on—we did not ask for any references.
WALTER GEORGE HURD . I am clerk to Partridge and Cooper, stationers, of 192, Fleet Street—I received this memorandum (Dated Jun 416, 1881, from Hubbard, requesting estimate of prices for paper, envelopes, and cards)—I replied, and received an order amounting to 5l. 5s., which we supplied—I called at Kinnerton Street repeatedly, but was not able to see any one, and have never received the money.
EDWARD JAMES SHAPCOTT . I am manager in the service of Heron and Son, leather manufacturers, of 44, St. Thomas Street—on 14th July 1 received this memorandum (This was from F. Flower, leather and grindery merchant, boot and shoe manufacturer, asking for samples.) I, replied, forwarding samples of skins to the value of 8l. 10s., and an invoice—the terms were 2 1/2 discount for cash—later on I sent one man for the cash—I never received it—goods were ordered to the amount of 42l. 12s. 9d—we did not send them.
Cross-examined by MR. WOODGATE. We did not make any inquiries or ask for a reference—I presumed it was a genuine business from the letters.
WILLIAM DIXON I am a member of the firm of Thomas dixon and sons, saddlers and tool manufacturers, of Walsall, Staffordshire—on or about 18th April, 1882, I received this order (from hubbard), and on or about 25th June I forwarded goods to the amount of 9l. 3s. 3d., with, this invoice—among other things there were some leather gauges at 16s.16d. each—I have since seen one of them—we were never paid—I believed it to be a genuine business.
Cross-examined by MR. WOODGATE. I did not ask for any reference, or make any inquiries.
THOMAS HUGHES (Re-examined). I have known Hubbard nine or ten years and Dick son 14 or 15 months—I worked for Hubbard at Motcomb House, Kinnerton Street—he also had a business in Aldridge Road as Flower and Co.—during 1881 and 1882 no business was carried on there except repairing—during the last three years there has been no genuine business carried on there, no selling of boots or shoes—goods came there frequently, which were taken in by Hubbard and Dickson, and were taken away very soon after—I was there in March and April last—I remember some clogs coming; they only remained there a day or two—the prisoner took them away in a horse and trap—none of the goods were worked up in the business—I saw some skins come; they were taken away by the prisoner a day or two afterwards—goods of various descriptions came there.
Cross-examined by MR. WOODGATE. When goods came they were stored in the shop—Flowers was in the boot trade—both shops Were in the leather trade—I only knew about Kinnerton Street—I was not employed at Balham—Hubbard first had anything to do with Flowers's business about two years ago—the business there fell off about two or three years ago—I worked at Kinnerton Street as a journeyman bookmaker—the gaiters and skins were such as would be used in the trade, but they were not used there—there has been no substantial business there for the last three years—I worked there nine or ten yean—business was going on before that—Hubbard had a cart while I was there—I don't remember it being injured.
Cross-examined by MR. BEARD. I lived at Hubbard's house for seven or eight months—I have been in the army—I did not desert—I did hot have six months' for desertion; I swear that—I got my discharge—I am branded with the letter D—that was for Stopping out behind my leave—I was not drummed out of the army—I had a fellow-workman named Johnson at Balham—he and I left one morning at 3 or 4 o'clock—I did not take away any goods belonging to Hubbard—I put on a pair of boots of his, that was all—I don't know what Johnson took—he took a few.
Re-examined. I was taken as a deserter—I went back to my regiment and was punished, and I subsequently got my discharge.
GEORGE HENRY BEVER . I am a leather merchant at 46, Church Street. Greenwich, 28, Bermondsey New Road, and 30, High Street, Erith—I carry on the same business at all those three places—I know the prisoners—I purchased a cart from Hubbard; at least it was purchased for me by my Bermondsey manager, Charles Keith—I keep books—I have not an entry of that transaction—I paid 16l. for it—I did not have a receipt, my man had it; I have not got it here—I knew Hubbard by sight before, not by name—I knew he was a leather jobber—that was the first transaction I had with him—the name on the cart Was "Charles Hubbard,
leather merchant," in gilt letters—that was when I knew his name—he brought another cart, but I did not buy that—I did not know him as Flowers—I know Dickson—I understood he was a brother of Hubbard—our manager told me so—I believe he did not come with Hubbard—I don't think I said so before the Magistrate; if I did I meant that I knew him, not as Dickson but as a brother of Hubbard—I have seen him at my place at Bermondsey—I bought 48 pairs of leggings off Hubbard—I have no entry of that transaction; I don't keep a "Bought Ledger"—I paid 1s. 9d. a pair for 36 pairs, and 3". 6d. a pair for 12 pairs—Mr. Wratton has seen some of them, I believe—I did not show them to him—I believe these produced are some of the leggings I bought—the produced is an invoice of them with a receipt—Hubbard gave it to me—there were three different lots; two lots were bought together—the third lot were gloves, for which I paid 9d. a pair—I did not buy any clogs—I believe some were bought for me from Hubbard—I produce them—I believe they were bought by John Barnaby—he is ill—I have a certificate from the doctor here—I believe there is no invoice for those clogs—I have an entry of 24 pairs; you will find an entry of them in this book (producing it) for 8l. 10s. under the name of Hubbard—it is my manager's till-book, what he paid out of the till—this invoice relates to the purchase of the clogs bought from Hubbard—they appear to be a job lot of tips, clogs, and leather.
JOHN GEORGE LITTLECHILD (Police Inspector). I have seen Hubbard write; I should say this signature, "Received, Charles Hubbard," is his handwriting. (This referred to the purchase from Bever amounting 71, dated 4.4.82.)
GEORGE HENRY BEVER (Re-examined). I think there is an entry of that 7l. in this book (pointing it out)—the leggings were bought at Greenwich, and this is the Bermondsey book—I have not got the Greenwich book—I have my ledger here; I bought the leggings of Hubbard personally; he was drunk at the time—I gave him 6l. 5s. net cash for the 36 pairs—I bought two leather gauges of Dickson, and this is his receipt for them—he was alone at that time—that was the only transaction I had with him then—I supposed him to be a leather-dealer; I thought his name was Hubbard—I did not ask him anything about that when he signed the name of Dickson—it is a long while ago.
Cross-examined by MR. WOODGATE. I believe the cart Had some cracks and creases in it—I did not find that out till afterwards—I don't think I made a very good bargain of it—I could have got a new one built for 20l.—this was second-hand—I think I gave a fair price for the other things—I have seen Hubbard about four or five times, but there was only one deal with him that I know of.
Cross-examined by MR. BLACKWELL. I gave Dickson 1l. for the two gauges; I don't think they have been used—they are tools used in the trade—we don't sell them—I bought one 15 years ago for 15s., a size larger than this—I don't think 10s. was an inadequate price for this.
CHARLES WILLIAM RICHARDS . I live at 77, Little Cadogan Place—I know the prisoners—I have driven both of them to Bever's, at Bermondsey and Greenwich, and have taken leggings and nails there about three months ago.
any rent—it was at 40l. a year—I paid his wife 5l. to go out after he was arrested.
HARRY DAVID BRACE . I am clerk to Mr. Watson, a solicitor, of Bridge Road, Hammersmith—he was concerned for the landlord of 37, Kinner—ton Street—Hubbard was the tenant of those premises—no rent has been paid for two years and a half.
EDWARD CLOUGH (Police Sergeant B). I know both the prisoners—I have been at the shop, 37, Kinnerton Street, on and off for the last three or four years—I saw Hubbard on 21st April, about 20 minutes past I in the morning, at Victoria Station, and told him that in consequence of numerous complaints of various tradespeople in different parts of the country for obtaining goods, I was instructed by my superiors to caution him as to his conduct—he said "Thank you," and walked towards his house—I have seen Dickson with Hubbard, and also at the shop—I have known him for about the last 12 months.
WILLIAM MORLEY (Policeman V 143). I know Motcomb House—I have seen Hubbard there frequently, and Dickson in company with him—in consequence of certain complaints in April last I was standing outside the shop—I saw carmen bringing goods there; I spoke to them—they were parcels of leather goods brought in railway vans—on 21st April I was speaking to one of the carmen when Dickson came up—I told him that I had instructions to caution carmen about delivering goods there, especially if they were not paid for—he was drunk, and he told the car—man to take no notice of me, but to leave the goods—I asked him what it had to do with him—he said "I am the brother of Hubbard"—he followed me about and caused a large crowd of persons to assemble, and I was compelled after a long time to take him into custody.
Cross-examined by MR. BLACKWELL. I charged him with being drunk and obstructing me in the execution of my duty.
JOHN GEORGE LITTLECHILD (Re-examined). made certain inquiries, and went to the neighbourhood of 37, Kinnerton Street—in consequence of what I learnt I applied for a warrant, which I obtained, and swore an information at Westminster Police-court—I went with the warrant to Kinnerton Street—I saw Hubbard; I said "Mr. Hubbard, I believe"—he replied "Yes"—I said "Mr. Charles Hubbard"—he said "No, he is out"—at that moment Clough came into the room; I then said "You are not Mr. Charles Hubbard?"—he said "Yes, I am"—I said "I hold a warrant for your arrest"—he said "Do you, sir? I am sorry to hear it; what for?"—I said "On a charge of fraud"—he said "Defrauding whom?"—I said "I will read the warrant to you;" I did so; he made no reply—I searched the place, and among other documents I found these, identified by Mr. Wratton, by Mr. Hayward, by Mr. Jones, by Patchen, and others—I found these four pairs of leggings in boxes, and a lot of empty cardboard boxes ranged round the place; they contained one pair of ladies boots—there was no stock except four pairs of leggings, which were in the window—there was no sign of any business—I arrested Dickson on 23rd November, on a warrant which I had had three weeks before, but was not able to find him—I said to him "Are you John Dickson?"—he said "That is not my name, my name is Oliver"—I said "Well, John Oliver, I hold a warrant for your arrest for conspiring with Charles Hubbard to defraud Mr. Glover of a cart, and numerous other people of divers goods—he made no reply—he gave his address at 88,
Notting Hill—I have not been there, but from what he subsequently told me, the address was right; it was a coffee palace—he said "You will find I do lodge there"—there were no business books relating to Kinnerton Street—there were some old books; I called Hubbard's attention to them, and he said "They are simply dummies."
GUILTY . DICKSON PLEADED GUILTY to a previous conviction of a misdemeanour in June, 1876. HUBBARD— Five Years' Penal Servitude.
DICKSON— Seven Years' Penal Servitude.
NEW COURT.—Friday, January 2th, 1883.
Before Mr. Common Serjeant.
MESSRS. POLAND and HORACE AVORY Prosecuted. The evidence was interpreted to Hertz.
MINNA MAGNA . I live at 18, Tavistock Street, Bedford Square—on 13th November the prisoners took my apartments at 18s. a week—they both spoke German, and I am a German—I asked for references, but they said that they had only arrived from Hamburg that day, and must come in, so I let them the rooms without a reference, and they went away and brought back two black bags—they stayed three days, and several of the witnesses came to see them—Eide, the tailor, was one—I went into the room as Eide was leaving, and Hertz said "This is one of my travellers"—on Wednesday, 15th November, I told the prisoners that they must go, for I had found out that they were nothing but swindlers—the one who is not here went away, and never returned; he was to have come back in an hour or two—he had been staying there too—they had only one large room for taking their meals and sleeping in—the prisoners left on Thursday, November 16th, between 9 and 10 a.m.—they had no luggage to take away—the two bags had gone on Tuesday—I did not see them again till they were in custody.
Cross-examined by Hertz. It was the tailor who you said was one of your travellers, not the third man; he was not present—you made Holtz give the tailor 1s., as if you were paying him—you told me that the third man was your partner—Eide, the tailor, did not bring some trousers for the boy; Laurence brought them, and I was present—you said to me "Please look at this receipt; I can't read English; is it receipted in a proper manner?"—Laurence is not the man you represented as your traveller.
Cross-examined by Holtz. Three of you came together and took the rooms, and you all three slept in one room—you had two beds.
LOUIS EMBDEN . I am in the service of Alfred Goslett and Co., looking-glass makers, of Soho Square—on 14th November the two prisoners called, and Holtz presented a card from a party who was acquainted with one of our warehousemen, and Hertz gave me this card, "Harry Hertz"—I spoke to them in German—they went upstairs, but I did
not—they came down and said that they had purchased two glasses from our warehouseman, and said that if I would come to 18, Tavistook Street they would give me the measurement of the chimney-piece—Hertz said that his references were first-rate, and asked if I knew M. Hertz, a great senator and barrister of Hamburg, who was his uncle; he also referred to Mr. Solomon Hymer, a noted banker, and said that Baron Rothschild, of Frankfort, was his banker—we arranged for cash on delivery, and I sent the glasses to 18, Tavistock Street, but my man brought them back—when I called in the evening for the measurement of the glasses, Hertz asked if I could introduce him to some first-rate parties to buy furniture of, and I introduced him to Messrs. Lather.
Cross-examined by Hertz. You said you were going to get married—my man brought the glasses back as there was no one to pay him.
Cross-examined by Holtz. You were not in the room when I spoke to Hertz on Tuesday evening, but you were on Wednesday evening—you came home with Hertz, and he gave you money when he left to go with me to Messrs. Laver's—you interpreted to Hertz what I said.
PHILIP LATHER . I am a cabinet-maker, of 15, Lamb Lane, Hackney—I have known Mr. Embden many years; he came to me with Hertz on 15th November, who said "I am going to furnish a house at 30, Russell Square"—he arranged for me to inspect the house next morning, and to meet him at 18, Tavistock Street—he spoke in German—I am a German—he said "I bank with Rothschilds' at Frankfort, and Julius Hertz, of Hamburg, is my brother"—next day I went to 18, Tavistook Street, and saw both prisoners—Hertz complained of his head, and said he had had too much to drink over night, and asked me to wait a few minutes—they then both went with me to an unfurnished house, 30, Eussell Square, and Hertz wanted me to furnish six of the rooms by December 1st, as his intended bride was coming home from Hamburg on December 7th—he wanted them furnished in the best style, as he was a wealthy man, and people would come and see him, and that he had bought the lease for 150l., and 193/4 years were unexpired—I agreed, and measured for the carpets—I also arranged to supply him with some silk fur his mother at Hamburg—when he left he went into No. 29, and said that some relations of the Rothschilds lived there—he kept me outside three-quarters of an hour, and then came out and said "I am sorry I have kept you waiting; I will only be a few minutes longer," and went back—the prisoners then came out together, and Holtz had a letter in his hand, which he took to a house-agent's in Southampton Street—they then went with me to Lamb Lane, Hackney, where I showed them some patterns of silk, and Hertz selected the best—my partner, Mr. Finniberg, came in, and he went with Holtz to fetch the silk—Hertz told me that he met Holtz in London, but had known him in Hamburg—Hertz remained with me while they went to Newgate Street—there was a Davenport writing-table in my shop, price 3l., which Hertz bought of me to make a present to a lady in Hamburg—I packed it in a case for him, and marked it "J. H., 1280"—20 yards of silk were brought there, value 30s. a yard—Hertz said that it did not matter about packing it, as he knew the captain of the vessel, who would take care of it; that he did not want any credit, as he paid cash for everything, but he only had German money—I refused that, and he said if I would send the goods to St. Katherine's Docks he would send the money back
by my carman—the two prisoners and my carman left together in a trap with the Davenport and the silk—Hertz said in Holtz's presence that Holtz was his page boy, and before that day Holtz said that Hertz was a wealthy gentleman, and was going to establish a factory in England, and his bride was in Hamburg, and was a very wealthy woman—they started with the goods about 7 p.m., and the carman returned without them, and told me something—I then went with him to the cloak room, Broad Street Station, but the table and the silk were not there—we waited till the porter came back, and from what he said we went to Isaac Jacobs, a furniture dealer in Houndsditch—we got there at 8 p.m., and found the Davenport there unpacked and just ready to take out of the case—I have not been paid for it, or for the silk—the next I saw of the prisoners was after they were brought back from Manchester in custody.
Cross-examined by Hertz. I offered you an invoice, but you refused to take it—it charged 30l. for the silk, and 3l. for the Davenport—the patterns were only lent—the carman told me that you were too late at St. Katherine's Docks, and that he took the goods to Broad Street Station by your orders—I expected you to pay cash, and did not ask you for references, but you gave them voluntarily.
Cross-examined by Holtz. I did not ask you if Mr. Hertz was a rich man—he selected the silk, but you went for it with my partner-you were outside the door when it was selected, but the door was open.
Re-examined. The patterns of silk were about a yard, and I think there were four of them—Hertz took them as well—my carman speaks German.
JOSEPH FINNIBERG . I am the partner of the last witness—I was there when Hertz selected the patterns of silk, and Holtz went with me to Warner and Eamm's warehouse, Newgate Street, and got silk corresponding to the patterns—we brought away 9/. 11". worth of patterns of silk selected for Hertz's drawing-room—that was different from that which he purchased from his mother—Holtz said he was sure his governor would be very pleased, as they were grand, and asked that the remaining portion of the piece from which they were cut might be saved, as he was sure his governor would take it—Holtz showed me a key, which he said was the key of his governor's iron safe in which he kept his money, and explained to me how. it was opened, and said that Hertz was very rich, and well connected—Hertz said that if we had any trade bills he would discount them for us at the ordinary bank rate, but they must be bills over 20l., and that he had purchased the lease of the house for 160l., and took it at an annual rent of 160l. for 19 years—the silk and the Davenport were packed and sent off by the carman—I next saw the silk at Worship Street.
Cross-examined by Holtz. I don't think you were present when Hertz selected the silk; only the patterns.
Re-examined. The samples of silk were for Hertz's furniture—he was to return them the next morning—one of the samples was worth 4l. 13s., and he sold it for 1l.—Holtz was present when Hertz selected the silk for his drawing-room from the 9l. worth of patterns.
HENEY ZWICK . I am packer to Lather and Finniberg—I speak German—on 16th November I went with the trap and the Davenport in a case and two parcels of silk and the two prisoners—Mr. Lather said something in German about payment, and Hertz said as he had nothing but German money he would change it with a friend in the City, and pay me the
33l—the samples were to be brought bade next morning—I drove—we were going to St. Katherine's Docks—Hertz asked me the time—I said "Five minutes past seven"—he said "It is too late to go to the docks, drive down to the North London Railway"—that is in Broad Street—I did so, and he told me and the boy to take the case upstairs—we did so, and put it in the cloak-room—I left Holtz up there, and won't down to Hertz, who was looking after the pony and cart for me, and holding the silk in his arms—he told me to stay a few minutes and he would go upstairs and come down again and pay me—I waited 20 minutes, but he did not come down—I then went up, but could not see either of them or the silk, but I saw the Davenport—I went back to Dry employers, and reported what had occurred—we went back to the station, and got there about 8 o'clock, but the Davenport had gone—Holtz also told me that Hertz was a very good governor to him, and gave him 10s. every afternoon for his dinner, and that he met him over here; that he had 1,000l. in German money belonging to Hertz, and he putted Out a pocket-book, but did not show me the money inside—I saw no more of them till they were in custody.
Cross-examined by Hertz. I went upstairs and looked for you, but I did not inquire for you.
Cross-examined by Holtz. I do not know that you paid 1d. for the Davenport, and received a ticket—I came down, and left you upstairs—I helped you to carry the Davenport up.
ISAAC JACOBS . I am a furniture dealer, of 7, White street, Houndeditch—on 16th November the prisoners came to my father's shop between" 7 and 8 o'clock—I think I had seen-Holtz before in the street—he said "This gentleman," pointing to Hertz, "has a Davenport at the railway station, and this silk"—the silk Was lying on a pianoforte—I said "Who is the gentleman?"—he said "He is a German; he hasn't been in London very long, but he has lost a lot of money, and Wishes to sell the silk to pay his expenses to get back to Germany"—I said "Where does he live?"—he said "32, Leman Street, Whitechapel; will you give 1l. 6s. a yard for it?"—I said "No," but agreed to give him 22s. a yard—he asked Hertz in German, and then said that there were 21 1/2 yards—I measured it, and found only 20 yards, which I bought at 22s. a yard, and saw Mrs. Jacobs give him 22l. in gold—I then went with them to Broad Street station; it is only two minutes' walk—we had the case opened, and I saw the Davenport—I bought it for 2/. 10#., and the railway porter took it to my place—Mrs. Jacobs paid for it, and the left—this receipt for the 22l. was written before we went to the station, and afterwards the 2l. 10s. was put underneath, and both the prisoners signed it—Hertz's is the large signature.
Cross-examined by Hertz. Mrs. Jacobs cannot write—I suggested the two signatures.
Cross-examined by holtz. This is your writing—a young lady did not write it—I actually saw you write it.
Re-examined. This "32, Leman Street" is my Writing—this "Pay Harry Hertz" is Holtz's writing—I am a Russian Pole.
CLARA THOMPSON . I am waitress at the Buckingham Hotel, Villfors street, Strand—on Thursday, 16th November, the prisoners came there—I think they were there at 7 o'clock, but I did not see them till 9 o'clock—they occupied the same room—Hertz showed me this piece of silk with
other patterns, and offered them to me at 25s. each piece—Holtz said that they had a shop in Paris and a shop in Manchester—I paid them 1l. for one piece, and Hertz put the money in his purse—I afterwards gave it up to the police—they slept there that night, and were to be called at 4.30 a.m. to get the train for Manchester.
Cross-examined by Hertz. You both sold the silk, but Holtz was the interpreter.
THOMAS EIDE . I am in the service of Joseph Lawrence, a tailor, of 10, Great Russell Street, Bloomsbury—on 15th November the prisoners came together, and Holtz interpreted for Hertz, and said that he wanted some clothes—I said that I had a coat and waistcoat which he could have at net cost—Holtz said that Hertz was a man of property, and that 18, Tavistock Street belonged to him, and a house in Russell Square—I took the coat and waistcoat for approval the same day to 18, Tavistock Street—Holtz said if they fitted Hertz he would pay ready cash for them, if not he would return them—next day they came together, and Holtz said he required a suit for himself, as he was going to act as page-boy, and that Hertz wanted another suit—I took their measure, but did not deliver the clothes—I did not see the prisoners again—the coat and waistcoat were not paid for—I found them at Dobree's, the pawnbroker's—I heard nothing said by Hertz about my being his traveller.
Cross-examined by Hertz. Mr. Lawrence inquired about your respectability at 18, Tavistock Street.
EDWIN LEGG . I am in the service of Mr. Dobree, of 77, Charlotte Street—on 16th November Holtz pawned this coat and waistcoat and a small portmanteau for 1l., in the name of John Hertz, 18, Tavistock Street—they were shown to Mr. Eide.
Holtz. I told you Harry Hertz, and you put down John.
HENRY BLEUCHAMP . I am an auctioneer, of 104, Southampton Street, and am agent for 30, russell Square; the landlord is Mr. Symonds, of 29, Russell Square—No. 30 was to let, and on 15th November both prisoners called—Holtz said "My master wants a house in this neighbourhood, as he is about to be married"—they made proposals with reference to No. 30, and wrote down as references Rothschild, of Frankfort, and Ricks and Co.'s Bank—Holtz was the only one who spoke—I gave them an order to view, but saw no more of them till they were in custody.
Cross-examined by Herts. I did not apply about the references.
Cross-examined by Holtz. You wrote the references and gave them to me, and Hertz wrote them and gave them to Mrs. Symonds—this is it (produced).
CHARLES MILKIN (Policeman). On 20th November I went to Manchester, and received Holtz in charge from the police, with these two pieces of silk and this ticket for a coat and waistcoat—he made a statement in the train on the way to London, which I wrote down—this is it: "Hertz sold Davenport to Mr. Jacobs, Houndsditch, for 1l. and after he was paid, made out receipt for 2l. 10s.: he also sold piece of silk to a female at a restaurant at Charing Cross for 1l. He stopped at that place all night, and left there and went to Manchester about 5.15 from Euston. I was Hertz's page, and acted under his instructions; that is all I know." Sergeant Hearn brought Hertz up at the same time.
THOMAS GLASS (Police Inspector). I saw the prisoners in custody at Stoke Newington Station—Holtz said "Hertz wishes to speak to you about the Davenport"—I told him to tell Hertz if he made a statement it might be used against him at the trial—he spoke to Hertz in German, and then said "If that is so I shall wait and see my advocate"—Holtz said "I should like to tell you all I know about it"—I said "You understand the caution I gave to Hertz"—he said "Yes, I want to clear myself, I don't know anything of this gentleman, but I met him by accident. He found out that I could speak English, and engaged me as his servant. I went with him to his lodgings in Tavistock Street, and went with him about. On the night the Davenport was brought to the railway-station Hertz had it taken along with the silk to a man named Jacobs, in Houndsditch; he said "There is a sovereign for the Davenport, but you must put down 2l. 10s. Hertz then gave me 1s. and a sample box of silk, and said 'We are going to Manchester, as I want to buy some cheap silk to bring to London to trade with, and on December 8th I have a big bill to pay.' I said 'What about the long piece of silk?' He said 'I sold a piece with flowers on it to a girl in the hotel at Craven Street, where we stayed for the night, for 1l.,' and the other I think he has sold a yard at a time; you see he does not speak English, I have to interpret for him."
Cross-examined by Holtz. You said that you sold the silk to the girl, not that Hertz sold it—you did not say "I can take you and get it back."
GEORGE EDWARD MEEK . I am a wholesale stationer, of 2, Crane Court, Fleet Street—at the end of September I came from America in the Grecian Monarch—I saw Holtz on board—he said he had been in the employ of Spiers and Pond, and that he was acting as interpreter on board ship, and also as assistant to the surgeon of the ship—I am a witness that he did assist the surgeon—he gave me this card, "Max Hertz," and said "That is my card, it is written by my brother"—a fortnight after the ship arrived in London I met him at Walham Green—he said "I was coming to see you, but I have been ill"—I had given him my address and promised to get him employment—he came to my house and told me that his brother had 200 head of cattle on board a ship lying outside the Albert Dock—I went with him to the Albert Dock, and he wanted to draw 40l. to pay the rent for the cattle—I had not seen the cattle—he introduced me to Holtz, who he afterwards said was his brother—I understood Hertz thoroughly, and he seemed to understand me—he spoke good English when I irritated him—my friend had the money, but I would not allow him to pay 40l. deposit on cattle he had not seen—we went to the Trinity office and telegraphed and found where the ship was, but that there were no cattle on board.
Cross-examined by Holtz. You did not give me the card to show me how your cousin in New York could write.
Hertz, in his defence, through the Interpreter, stated that he was the son of wealthy parents and was engaged to marry a wealthy lady, and hired the house in Russell Square to live in with her; that all the goods sold to him were sold on the condition that they were to be paid for on 8th December; that he expected money every day from his intended bride, and sent Holtz every day to the post-office to see if it had arrived, and received a postcard stating that her notary had arrived in Manchester via Hull, upon which he went to Manchester with a return ticket, which he should not have taken had he not intended to return to London; and that he should have paid all the
people had not Mr. Embden, who lived with him, absconded with his cash-box, upon which he was obliged to dispose of the things, and that the carman's evidence was false. Holtz, in his statement before the Magistrate and in his defence, said that Hertz inquired into his character and engaged him as page boy and interpreter, and told him he was rich and was going to be married, that whatever he did was by Hertz's orders; and that he was engaged as interpreter on board the Grecian Monarch, and could also refer to Messrs. Spiers and Pond.
GUILTY . Inspector Glass stated that inquiries had been made in Hamburg, and he had ascertained that the prisoners were brothers, and that Hertz had been five times convicted. HERTZ— Eighteen Months' Hard Labour, HOLTZ— Six Months' Hard Labour.
NEW COURT.—Saturday, January 13th, 1883.
Before Mr. Common Serjeant.
MR. HICKS Prosecuted.
JOSEPH BUSWELL . I am a plate layer on the Great Northern Railway, and live at Church Lane, Edgware—the prisoner lodged in my house about three months before 16th December, and always made himself quite at home there—I do not think he had any other home—I had not seen him for seven or eight weeks before 16th December—two lodgers left me that day by the 3 o'clock train—I was the last to go to bed—I fastened the front door, and my wife shut the office window—we went to bed at 11 o'clock—my wife was up first on Sunday morning—I got up about 7 o'clock, went into the back room, and found the leadwork wrenched from the ironwork, so that any one could get their hand in—the kitchen window was a little way open, they could easily climb over a shed and undo it—the bedroom stairs are something like a ladder, and are dangerous for any one who does not know them—the front door was unfastened and the catch hooked back—I had put the catch down the night before—I did not see the prisoner on Saturday or Sunday morning—I missed the children's money-box from the bedroom—the prisoner had seen it, and the last time he was there he lifted one of the little ones up to put in a halfpenny or a penny—there were shillings, threepenny bits, and farthings, and halfpence in the box—I have never seen it since—I afterwards received this letter from the prisoner. (Dated 28th December. Stating that he felt unhappy at the witness sending a detective after him; that although he had been on the loose he was going to alter. He then wrote: "I think you short it was me that came and took the children's money-box away, but I will declare to you that it was not me.")
Cross-examined by the Prisoner. Other lodgers had been backwards and forwards—you lodged with me about 18 months.
ELIZABETH BUSWELL . I am the wife of the last witness—the prisoner lived at our house—I last saw him eight or nine weeks before Christmas—on 16th December I went to bed about 11 o'clock—the house was fastened up, the front door locked—I got up on Sunday morning at 6.50, and found the catch of the front door put back—I missed the children's
money-box, not from the bedroom, but from the living room, downstairs—it contained shillings, sixpences, halfpence, and farthings—I did not see the prisoner that day—this halfpenny (produced) is very like one which I put into the box—I noticed the colour when it was put in—I cannot swear to the sixpence, but there was one worn very thin, and one was a lucky one—there were several with holes through them—here are two threepenny-pieces bored through, and several of those in the box were bored—there were a number of farthings—the prisoner has lifted my little boy up to the money-box—he knew well where it was kept—I last saw it safe about 4.10 on the Saturday afternoon, after the lodgers left—I did not miss it till Sunday morning.
RICHARD KING . I live next door to Mr. Buswell, and know the prisoner—on 16th December, about 9.30, I want to a closet at the back of my house, which is common to both houses—I opened the door, and heard some one snoring—I put my hand down, and found some one there with a hard hat and a long coat—I pushed the door, and stopped outside a few minutes, and then opened the door again, and the snoring kept on—I struck a match, and was immediately struck down, and the man who was in there ran away—I did not see his face—his coat came below his knees—I felt it as he sat there.
JAMES GEORGE HOY . I am a bricklayer, and worked with the prisoner—on Saturday, 16th Dec., I worked with him at Hayes Police-station; that is eight or nine miles from Edgware, across country—I said "Are you going home to Edgware?" he said "Yes"—this was before 11 a.m.—I left work at 11.30, leaving him there—I saw him the following Monday, and said "Have you been to Edgware?"—he said "I have, but I could not get what I wanted, some money"—he said that he had walked to London from Edgware on Saturday night to see his sister, and walked about London all night, and that he changed a sovereign at Farringdon Street the first thing in the morning, that would be Sunday morning—I asked him on Tuesday to change a half-sovereign for me, and he took a handful of loose silver from his trousers pocket, chiefly small coins—he showed me one sixpence with a hole in it, and I saw another—he gave me in change one half-crown and sixpences and shillings, but no coppers—he said that he must not give me a sixpence with a hole in it; he did not say why—he said that he had about 25s.—I had paid him a little over a sovereign on the Saturday, but he paid his landlady, and he could not have much—he went into a public-houses with three threepenny-pieces on the Thursday, and he said he had more of them.
Cross-examined. You told me on Saturday that you were going to walk to Edgware—I saw eight threepenny pieces—I received your money from the foreman at the bridge on the Saturday, wrapped up in paper—I do not know what coin it contained, but there could not be very much silver, because it was in such a small compass.
WILLIAM WHITNELL . I am potman at the Eailway Hotel, Edgware, and knew the prisoner when he lived at Mr. Buswell's, and he was working at the police-station—I have been in his company, and knew his name—on 16th December I saw him coming by the Bee Hive in Edgware, between 5 and 6 p.m.—I said "What cheer, narrow gauge?"—he said "What oh!"—between 9 and 10 o'clock the same night he came into the hotel and had half a pint of ale, but did not say anything—the back yard of the hotel has a fence dividing, it from Mr. Bus well's garden, and
by getting over the fence he could get into the Railway Hotel yard—it is a wooden fence about five feet high—he had a long coat on, and a hard hat—I had not seen that long coat before, that is why I took notice of it.
Cross-examined. I was about two yards from you coming from the Bee Hive—I know you quite well, but I had never seen you with a long coat on before.
HENRY DARVIL . I am a carman, of Edgware—I have known the prisoner four or five years—on 16th December, a little after 4.15, I saw him coming towards me in High Street, Edgware—he did not pass me—he was dressed as he is now, and wore a low felt hat—he usually wears a navy's soft cap, but he took to wearing a felt hat since he has been up Edgware way.
Cross-examined. I was 15 or 20 yards from you, just across the road—I had never seen you with a long coat before—other persons wear long coats.
By the COURT. He did not turn back—I went away, and did not look after him.
WALTER ALEXANDER (Detective S). I received information, and went to Hayes, which is 28 miles by rail, and 15 across country—it is nine miles from there to Harrow—if you catch a train it takes about an hour and a half by rail from Edgware to Hayes, as you have to come to London—I saw Agnes Tye on the 23rd, and in consequence of a letter which was handed to me I went to Hayes again, and made further inquiries, and on 2nd January I found the prisoner detained at the station—I said that I should charge him on suspicion of breaking and entering a dwelling-house in Church Lane, Edgware, on the night of 16th December, and stealing a money-box containing about a guinea in various coins—he said "I am not guilty, I am sure of that"—on the way to the railway station he said "I will face it out; if I got into it I must get out of it; it is the first time I have had the cuffs on, the next time it will be for something"—he had one handcuff on, and I made the other fast to my hand—he said "Is it Bench day?"—I said "Yes"—he said "I should like to get this job settled one way or the other"—while waiting at the railway station he said "I have written to Buswell"—I showed him this letter which I had received from Buswell (Dated 28th December), and he said "That is the letter I wrote"—Buswell charged him at Edgware Police-station, and I searched him, and found two shillings, two sixpences, a pocket-knife, and a small leather purse—the landlord of a public-house at Hayes, where the prisoner worked, gave me this halfpenny—Mrs. Miller of the Angel public-house gave me this threepenny piece, and this sixpence I received from a butcher in the same neighbourhood—the Angel is opposite where the prisoner lodged.
Cross-examined. I came there on the 23rd, but you had gone—I did not mention the money-box—I went again on Monday, and left directions for you to be detained if you came back.
AGNES TYE . I am married, and keep a grocer's shop at Hayes—the prisoner has dealt with me about three months—he came, I believe, at the end of September—he had some tobacco on trust on December 16, as I could not give him change—he came again on the 19th for a ball of string—I had not got any, but he paid me 2d. for the tobacco, and gave me
eight farthings—he had another half-ounce of tobacco, which he also paid for with eight farthings, making 16, and then asked me if I would mind having twopennyworth more farthings, and gave me 24 altogether.
The prisoner in his defence stated that he was walking about London all night on the 16th December, being unable to get a bed, and was not in Edgware at all; and that he received nine threepenny pieces and some silver and halfpence on the Sunday morning at a public-house in Farringdon Street, and then took the train to Richmond and walked to Hayes.
GUILTY . He then PLEADED GUILTY to a conviction of burglary at Northampton in July, 1880.— Fifteen Months' Hard Labour.
MR. PARTRIDGE Prosecuted.
GEORGE PAILETT . I am a bill poster of 12, Hallett Place, Clerken well—on 16th December, between 4 and 5 p.m., I was on Saffron Hill—three men came up to me, two of them held my arms behind me and the prisoner struck me several times in my face with his fist—he gave me a black eye and broke my teeth, but they were decayed—he then put his hand in my waistcoat pocket and took out a sovereign and 5s. in silver and copper—I held him and gave him in custody—I was a little bit in liquor—the others escaped—I feel pain still.
Cross-examined by the Prisoner. We were not in a public-house drinking together—I did not pay for 13 cigars and get 4d. change—I did not offer you the sovereign, nor did you put it in your pocket, nor did I ask you for it back when I came out.
FREDERICK CHARLES BLEWITT . I am a stableman, of 3, Colebrook Place, Tottenham Court Road—I was on Saffron Hill between 4 and 5 p.m., and saw two men holding Pailett while the prisoner punched him in his face three times—he put his hand in his waistcoat pocket and some silver dropped on the ground—the other two ran away, and the prisoner walked coolly to the top of the hill—Pailett walked by his side and seized him by the neck when he had got 10 or 15 yards, and charged him with robbing him—the prisoner said to me "It is all right, it is my father-in-law; he owes me half-a-crown, and if he pays me I will let him go."
CHARLES ASTER (Policeman G 242). On 16th December, at 4.30 p.m., I saw Pailett holding the prisoner by his collar, on Saffron Hill—he said "I give this man in charge for robbing me; there were three of them, two of them held my arms while he took the money from my pocket"—Blewitt said in the prisoner's presence that he saw him take the money—he said "It is all right, policeman; this is my father-in-law, I lent him half-a-crown this afternoon, and was only asking him to pay me back"—I searched the prisoner, and found one sovereign, 26s. 6d. in silver, and 14 1/2 d. in bronze—Pailett was drunk, but capable of taking care of himself—his coat was muddy, and his hat was off; his mouth was not bleeding but his eye was black on Monday.
Cross-examined. You did not say "He has half-a-crown of mine and 13 cigars, and I have a sovereign of his."
the prisoner said "I and two men and the prosecutor went into a public-house to have some drink; I lent him half-a-crown, I was only asking for it back; I did not take his money"—he was sober, but Pailett was drunk, and we had hard work to keep him quiet—he was halloaing and shouting "This man robbed me."
Cross-examined. When the sovereign was taken out of your pocket he said "That is my sovereign," and picked it up—I saw no marks of violence on him—nothing was said about any assault then; you were simply charged with stealing.
The Prisoner's Statement before the Magistrate. "The money found on me in silver was my own. I own I took the sovereign out of the man's hand. No violence was used to him, and the inspector could see that there was nothing the matter with him."
Prisoner's Defence. I am innocent of striking him. I am very sorry for taking the sovereign.
GUILTY of the stealing only. — Nine Months' Hard Labour.
MR. FRITH Prosecuted; MR. COLE defended Poole.
WILLIAM ALEXANDER ANDERSON (a black). I am a ship's carpenter—on Sunday morning, 17th December, between 12 and 1 o'clock, I was going towards home at the Sailors' Home, Whitechapel—I met four men and three women in Wells Street—the prisoners are two of the men—Poole asked me for my watch—I said "I have no watch"—Kennedy Said "What time is it?"—I said "I am no policeman to tell you the time"—Poole jumped behind Kennedy and showed fight with me, and I made that mark on his forehead—he struck me in my stomach and made a grab at my chain at the same time, but I knocked his hand off—my coat was only buttoned at the top, and the chain showed—he made a second attempt, striking me several times in the same spot, and my coat button was torn off—the others sang out "Go for him!" and he made a third attempt—I knocked his hand off and retreated; he came again, and I hit him on his forehead—there is the mark now—he spun like a top and fell—the others said "Go for him, youngster;" but when he made a grab he was too close to me and jumped backwards, and Kennedy grabbed at my chain and ran away—I sang out "Police!" and Nos. 90 and 150 came—the prisoners went into a thieves' lodging-house, but were taken in custody, and while in custody Kennedy struck me on my face.
Cross-examined by MR. COLE. I only struck Poole once—I was brought up in Bahama—I did not take a glittering weapon from my pocket and strike Poole—I did not mention to the policeman any attempt to steal my watch and chain—I said I was molested by thieves—I was hit four times—I had been drinking with my governor, Mr. Samuels—I have drunk with Kennedy several, times during the seven weeks I have been in London, and I have given Poole a drink in Kennedy's company—whereever I go a crowd follows me, and they say "Give me a drink," and I do so—I said at the police-court "I have been in London seven weeks this time, and have seen Poole almost every night and Kennedy every night," but I did not mean for seven weeks.
Cross-examined by Kennedy. You were there when I struck Poole—you made the fourth man.
Re-examined. I was excited at the police-station—I had on a monkey jacket, buttoned only at the top, so that my chain showed more than it does now—I was three hours in the public-house, but I only drank two glasses of ale—I have worn my watch and chain when I have been drinking with the prisoners.
WILLIAM MAGUIRE (Policeman E 90). At about 12.45 on Sunday morning, 17th December, I was with 115 H in Wells Street—I heard cries of "Police!" and ran into Cable Street—the prosecutor pointed out the prisoners and halloaed out at the top of his voice, and the prisoners ran off down Dock Street into a common lodging-house—I gave chase, never lost sight of them, and followed them into the house—poole went into the cellar used as a kitchen and got underneath the stairs—I took hold of him—he said "See what he has done"—I brought him into the passage—he had a cut over his right eye, and there was mud on the right side of his face where the cut was, and all down the right side—I was surrounded in the passage by 50 or 100 roughs, and had great difficulty in getting him out of the house—Kennedy was in custody of 115 H, and he struck the prosecutor in the pit of his stomach with his clenched fist—the prosecutor was quite sober; I was speaking to him about five minutes before this—he bade me good-night—the prisoners were sober—I took them to the station.
Cross-examined by MR. COLE. There was a little blood from the wound on Poole's forehead—I do not know he was five days in the House of Detention from that injury—Poole was admitted to bail on the Sunday; he surrendered himself to me on Monday morning, when the charge was made.
Re-examined. The Magistrate refused to grant bail after the coloured man gave his statement.
Witnesses for the Defence.
JOHN SPARES . I am assistant surgeon at the Middlesex House of Detention—I saw Poole on the morning after his arrival, examined and treated him—he had a dressing on his forehead; I undid it, and found a crescent-shaped wound over his left eye reaching down to the eyebrow—a bowie-knife or sharp instrument might produce such a wound—it was an incised wound; that refers to the appearance, not to the way it was caused—it was cut, not jagged—it might be produced by a penknife scooping down—Poole was under my care some four days.
Cross-examined. It might be produced by a fall—I do not think a ring would do it.
Re-examined. I did not see the wound till 36 hours afterwards—I have no recollection that I formed any opinion at the moment as to how it was done.
ELLEN CRAWLET . I live at 5, Batty Gardens, St. George's-in-the-East, and work at the match factory at Bow—between 2.30 and 12.45 on this Sunday morning I was in the company of Poole at the corner of Dock Street—Mary Coakley was talking to her young man there too—I and Coakley gave our evidence at the police-court—no one else was there—Kennedy was paying his lodging—poole was making a cigarette, and he turned round and asked the coloured man for a match—I had not seen him turn the corner—the coloured man growled like a wild beast and
gave him a punch in the chest and knocked him to the ground without saying anything—Poole got up full of mud, and then the man took something out of his right-hand pocket and hit him again in the eye—Poole fell to the ground—when he got up you could not see a bit of his face for mud and blood—Coakley halloaed out for a policeman and said it was a shame to beat the chap like that—when she halloaed out and the black man saw the police coming he halloaed out "Police!" himself, and Poole being out on bail got frightened and ran away—Kennedy was not there—I saw the whole transaction—upon my solemn oath I saw no attempt on the part of Poole to lay hold of the black man's watch and chain.
Cross-examined. I have known Poole about a year—I have never lived in the same house with him—I had not seen 90 H till that night—I swear I have never lived with Poole as his wife—the prosecutor growled and punched Poole on the chest, only because he asked for a match—I can't say if the dark man was sober—I did not inquire if there was any cause for the quarrel—I can't say what it was he took out of his pocket—before the Magistrate I did not say anything about Coakley halloaing out "Police!"—she did so—Poole ran away before the policeman was called—I saw Poole taken into custody; he was standing on the stairs—Kennedy ran across the street to pay his lodging—he had been standing with us about 10 minutes before this man came—Kennedy hit the black man in the chest in the lodging-house—nobody asked the black man the time—I will swear the black man did not say "I am no policeman to tell you the time."
Re-examined. There was a great disturbance with the black man—he growled and struck about in this way—I am certain Coakley was the first to call out "Police!" and I could not see any near—when the policemen came, Poole had got away—he was bailed out on the Sunday.
MART ANN COAKLEY . I am a tailors, at 58, Samuel Street—I was at the corner of Dock Street talking to my young man on this night—Poole asked the coloured man for a match, he turned round and growled at the young chap and up with his fist and struck him in the chest and knocked him down—I said it was a shame for the black man to beat the boys so, and I called out "Police!"—I was the first to do so, and then Kennedy called out "Police!"—I will take my oath he never made a grab at the man's watch and chain—I did not know them—they are only strangers to me—I did not go to the station, because the black man said he would rip my b—guts up when I halloaed out "Police!"—Kennedy picked Poole up, and when he was up the black man put his hand into his right-hand pocket and took out something; I could not say what it was, but it glittered—I and Kennedy called out "Police!" and when the policeman was coming the black man halloaed out "Police!"—ho said if I did not go away he would have my life.
Cross-examined. Poole went away because he was out on bail, and he thought the man would do for him—I did not know he was on bail, the young girl told me—Kennedy walked away to pay his lodging; he had been standing there for 10 minutes—he said "I had better get away, in case I gets killed," and that made him go down into the cellar of the lodging-house—he was not on the stairs—it it is not far from the stairs, and he was found by the police there—I was locked up in a reformatory for three years for stealing some chickens' feathers—I shall be 17 next March—it is 12 months last September since I came out
—I have been charged with another girl with being drunk and disorderly since I came out of the reformatory.
Re-examined. I have given the solemn truth to-day.
Kennedy in his defence stated that on this night he was coming round the corner to go and pay his lodging, when he saw a man lying on his face bleeding, and he took him over and said, "You can bathe your face here," and he (Poole) stood on the stairs while he went to pay his lodging, and that when he came up the policeman took them both to the station, when the black man said "Here is one of them," and shoved him, and he said "The policeman is enough to take me."
GUILTY . POOLE— Twelve Months' Hard Labour. KENNEDY— Three Months' Hard Labour.
OLD COURT.—Saturday, January 13th, 1883.
Before Mr. Recorder.
227. HENRY WHITEHOUSE (38), JOHN WHITE, ANNA WHITE, JOHN VANNER (45), WILLIAM PERKS (35), and HENRY BARNES , Unlawfully> conspiring to obtain goods by false pretences. Other Counts varying the above charge.
MESSRS. MONTAGU WILLIAMS, SNAGGE, and LITTLETON Prosecuted; MESSRS. CRISPE and BLACKWELL appeared for John and Anna White, MR. F. FULTON for Barnes.
ALFRED ENGLEMAN . I am a vinegar merchant, of 50, Finsbury Square—I advertised in May or June in the newspaper for a traveller—White-house applied for the situation, and I engaged him—he said he had a good connection with respectable people, tradesmen, and especially grocers, and he was doing a long trade these long years—he introduced about 40 customers—none of them have paid me—he introduced White; he said he was in Luton, and I supplied him with vinegar in casks to Luton to the amount of 5l. 4s. 10d.—I have never been paid for it—I believed at the time that White was carrying on a genuine business—I received from him a bill of exchange; it was not paid—these are letters which I received from him—Vanner is one of the customers introduced to me by Whitehouse, and I supplied him with vinegar to the amount of 2l. 8s., in June, which was never paid for—I went to the address and found he was gone—Perks was also introduced to me by Whitehouse—he ordered goods to the amount of 24l. 10s. 11d., which were supplied—he gave me a bill, which was dishonoured and has never been paid—Barnes was introduced to me by Whitehouse, I think, or by Philips—I supplied him with goods to the amount of 2l. 1s. 9d., which were not paid for—altogether Whitehouse introduced me customers to the amount of between 600l. and 700l., which has not been paid.
Cross-examined by MR. FULTON. The only transaction with Barnes was 2l. 1s. 9d.—Philips had been in my employ as long as Whitehouse, I think about two months—I don't know what has become of him; he was engaged under the same conditions as Whitehouse, on commission.
Cross-examined by Whitehouse. I applied to Vanner for his money—he had left the same morning—I made inquiries in the neighbourhood—the landlord told me he was obliged to take the shop back because Vanner did not pay the rent—I only had two orders from Perks—he gave me three bills which were due about the same time—I had four or five
travellers at the time—some of them made bad debts, but not so many as you and Phillips—some people who did not pay complained of the vinegar—I have taken some of it back—some of them have paid me.
Cross-examined by MR. BLACKWELL. The only transaction that Whitehouse had with me was for 5l. 1s. 10d.—I sent him a bill at a month, and he sent it back saying he had arranged with my traveller for cash at three months, and he accepted a bill at three months—I cannot say when it became due, I think it was after he was arrested.
Cross-examined by Vanner. You only had one transaction with me through Whitehouse to the amount of 2l.—there were three other transactions for which you gave bills—I called for the money myself once, and my collector three or four times—I made no inquiries of your neighbours—all the customers introduced by Whitehouse I took in good faith as being respectable.
Cross-examined by Perks. I made no inquiries about you; I did not ask for any references—I took three bills of you and they were all dishonoured.
Cross-examined by MR. BLACKWELL. I think it was a private house, not a shop.
MARY WILSON . I am the wife of Frederick Wilson, of Albert Road, Luton—on 13th August and 17th September I bought some vinegar of Mrs. White, at 9d. a gallon for the first and 8d. for the last—she said her husband had bought it and they had no use for it—she gave me this receipt—she offered me some horse condiment for sale—this (produced) looks like it; it says "Old horses made young."
ADOLPHE SCHMIDMAN . I am manager to Otto Stein, wine merchant, of 7, Idol Lane—Whitehouse was a traveller to my employer—he introduced a number of customers; none of them paid—he introduced White, of Luton, and I supplied him with vinegar to the amount of 5l. 5s. 3d.—I sent this invoice with it, dated August, 1882, and asked for a cheque in return—the invoice came back through the Dead Letter Office marked "Gone away; no address"—I have never been paid—Vanner was also introduced by Whitehouse, and I supplied him with goods to the amount of 4l. 2s. 1d., at 7, Vere Street, Clerkenwell—I sent the invoice through the post and it was returned through the Dead Letter Office—I produce a list of customers that were introduced to me by Whitehouse—I supplied Barnes with goods to the amount of 2l. 6s. 3d.—I was never paid.
Cross-examined by MR. FULTON. There was only one transaction with Barnes—some of the accounts have been paid.
Cross-examined by Whitehouse. I made inquiries before supplying the goods, simply for information; they were partly satisfactory and partly not—those that have been executed were satisfactory—I applied through the post to Barnes for the money—I never went there—I applied to Vanner in the same way.
Cross-examined by Vanner. You only had one transaction through Whitehouse for 4l. 2s. 1d.—that was on the usual terms, three months I think—I applied for the money three months after the delivery—the police called upon me and asked me questions, and I gave them information.
GEORGE THOMAS DAVIS . I am connected with the firm of Crook and and Co., Mill Street, Old Kent Road, sellers of condiment powder for horses—Whitehouse was engaged as a traveller by our firm in June last—he introduced a number of customers who had goods to the amount of about 120l.—Vanner was supplied with goods to the amount of 1l. 10s., White 8l. 6s., Perks 1l. 10s.—we have not been paid.
Cross-examined by Whitehouse. We had no complaints about the powder—I don't know that any returned it.
Cross-examined by MR. BLACKWELL. I simply supply the money to carry on the business of Crook and Co.—I don't know at present where Mr. Crook is—I saw him a week ago—I sent an acceptance to White—I have not seen his reply—I don't know that he said he had never ordered the goods—I did not want to prosecute if there was any expense entailed.
Cross-examined by Vanner. Mr. Crook can be in attendance if you like to subpoena him—I called at your place and saw a little dirty general shop—I should not call it a grocer's—I first of all, gave you credit for a month, then two months—I saw no business being carried on—I have not seen the goods that were delivered to you—I am not aware that the police have them—I made no complaints to the police; I simply went to Mr. Wontner having seen Whitehouse's name in the papers.
ALBERT WATSON . I am managing clerk to Pallas and others, 66, Cornhill, trading as the Azenzia Italiana Company—Whitehouse was engaged as a traveller for us in June—he introduced a number of customers, none of whom have paid—they amount to about 120l. or 130l. in all—Barnes had goods to the amount of 3l. 16s. 11d. and Vanner 6l. 8s. 9d. and 8l.15s.—it was not paid—I applied for payment several times.
Cross-examined by MR. FULTON. Only 3l. 6s. 11d. were supplied to Barnes—he was a publican then in the Borough—I made no inquiry about him—it was taken entirely on Whitehouse's representations.
Cross-examined by Whitehouse. I think you introduced altogether about ten customers—ours is an old-established firm.
Cross-examined by Vanner. I received four orders through White-house—Mr. Nelson is the head of our firm—he is at present in Naples—I will not swear positively that the order was given through Whitehouse.
ERNEST HARVEY . I am clerk to Milner's Safe Company, Finsbury Pavement—Vanner wrote to me about a safe, and I called at his place, 24, Castle Street, Houndsditch—it was up on the first floor—there was a desk, a counter, and a good deal of jewellery—it appeared like a working jeweller's or a wholesale jeweller's—he gave me an order for a safe, which we supplied him with—it amounted to 26l. 8s., and a stand 16s.—it was not paid for—it was returned to us when he was taken into custody; our men fetched it away.
JOHN FOSTER BOOTH . I am a manufacturing jeweller, of 111, Vyse Street, Birmingham—I received this order from Vanner, and I wrote asking him for a reference—I received replies, and upon that sent the goods, consisting of ladies' rings, amounting to about 32l.—he represented
himself as successor to Youard and Sons—I sent an invoice with the goods—this is a copy of it—it amounted to 50l. 18s. 6d.—I believed it was a bond-fide business—I had heard that Youard and Sons were a respectable firm, and had been in business some years—the terms were immediate cash—I have never been paid—I have written for payment several times—I have since seen some of my property at Scotland Yard, and some at a pawnbroker's—some of it is here (produced)—these are my goods.
Cross-examined by Vanner. You wrote for samples—I sent them upon approval, and you sent word that they would suit and gave a further order—you promised cash on return.
CHARLES DAVIS . I am a traveller to George Green, 58, Caroline Street, Birmingham, electro-plater—on 19th September I received this memorandum from Vanner asking for samples of goods amounting to 1l. 12s. 10d.—I called on him and arranged terms—the goods were forwarded on November 3rd—they were found on his premises when he was arrested.
ARTHUR EDWARD FURNISS . I am an electro-plater, of 27, Carver Street, Shadwell—I know Vanner; I supplied him with goods in September and October to the amount of 18l.—I have not been paid—I believed the business to be a genuine one—I have done business with Youard for some years, and Vanner said he was taking to that business.
Cross-examined by Vanner. I had known Youard for five years—I wrote for a remittance for the goods that were first sent—the terms were prompt cash—I did not get it.
GEORGE REED . I am a jeweller, of 27, Regent Street, Birmingham—I supplied Vanner on a written order with rings and other goods to the value of 35l.—I sent them on 8th and 13th November, believing he was carrying on a genuine business.
Cross-examined by Vanner. I stopped them on the journey; you did not get them.
JOHN TURNER JOHNSON . I live at 56, Caroline Street, Birmingham—I received an order from Vanner for gold lockets and other goods—he afterwards called and selected goods to the amount of 9l. 8s. 6d.—he said he would pay in a month, and thinking it was a straightforward and going concern I trusted him for that amount—I have never been paid.
MARY ANN AUSTIN . I live at 35, Clerkenwell Close—I received an order from Vanner for rings and other things, and I supplied him to the amount of 5l. 1s. 6d.—I did not complete the order because he did not pay.
GEORGE WHEELER . I am an electro-plater, of 33, Hertford Street, Birmingham—I know Vanner—I called on him, and he gave me an order for spoons and forks amounting to 6l. 14s. 11d.—I had supplied Youard, his predecessor—I received a further order to the amount of 10l. odd—they were never paid for—I applied for payment, but never got it.
CHARLES MORRIS WRIGHTSON . I am a jeweller, of 127, Vyse Street, Birmingham—in October last I supplied Vanner with jewellery to the amount of about 37l. on the terms of cash in a month, seeing that he represented himself as successor to Mr. Youard, who I knew had been there several years conducting a respectable business—I believed that he
was carrying on a genuine business, and that he wanted the goods for the purpose of dealing with them in business—I have never been paid—I have since seen some of my goods in the hands of the police, and one set in the hands of a pawnbroker, pawned on the same day he bought it—the pawnbroker gave it up to me—I have other tickets of other goods pledged since they were supplied.
CHARLES COLLINS . I am in the service of Messrs. Brodie, printers, of Clerkenwell—we printed some memorandums and price lists for Vanner—this is the order—in consequence of this order we supplied him with 12l. or 13l. worth—we have never been paid—he gave as a reference "W. Choat, manufacturing jeweller, Clerkenwell Close"—I called there once or twice, but could not see him—we supplied the goods under the belief that Vanner was carrying on a genuine business.
Cross-examined by Vanner. The order was given through a party who was working on commission—we have not completed the order—I am not aware that the traveller gave you three months' credit; he had no authority to do so—we inquired of a Trade Protection Society as to your respectability.
JOHN JOSEPH ANDREWS . I am in the employ of the Seth Tomas Clock Company, Cripplegate—on 16th October Vanner gave me an order for clocks to the value of 50l.—he afterwards gave as a reference W. Choat, stationer, Newcastle Road, Clerkenwell, and J. H. Thomas, of Bevis Marks—we received these replies. (The first declined giving a reference, but stated that Vanner had purchased the business of, Mr. Youard, who had successfully carried it on for some years; the second stated that he had known Vanner twenty years to be a respectable, trustworthy man, and quite capable of meeting the amount mentioned.) Some of the pawnings are in the name of Thomas—we did not think the references satisfactory, and we did not supply the goods.
WALTER JONES . I am in the service of Arthur Milward, jeweller, of 12, Albemarle Street, Clerkenwell—on 8th September Vanner called; on the 12th I took some goods to him—he made a selection amounting to 9l. 2s. 6d. and 5 per cent, discount, cash at one month—I supplied those goods believing that he was carrying on a genuine business, and that he wanted them to deal with in his business—I have not been paid.
JAMES REED . I was engaged by Vanner as a working jeweller about five weeks before he was taken into custody—I was engaged to do general repairs—I was there about five weeks—I did no repairs during that time—I did nothing all the time—my wages were paid up to the last week—there was no business relating to working jewellery—I saw two or three parcels of goods come in—I did not see what was done with them.
Cross-examined by Vanner. I was employed to repair jewellery, not as an errand boy—I am 19 years old.
EDGAR GEORGE HAMILTON . I am agent to the Kangra Valley Tea Company, 3, Brabant Court—on 8th September I received this letter from Perks. (Dated from 117, Albany Road, Old Kent Road, for a halfchest of tea, then two boxes, and other quantities amounting to 14l. 4s. 4d.) I sent the goods believing it to be a genuine transaction, but was never paid—I received an order from Whitehouse, of Greenwich, amounting to 21l.—I executed it—it was never paid.
Cross-examined by Perks. I did not receive any reference with you—I did not ask for any.
FREDERICK WILLIAMS . I am in the service of Mr. Bellis, of Jeffery Square, St. Mary Axe—on 14th April I supplied to Barnes a quantity of cigars and cigarettes amounting to 9l. 10s. 3d. for cash at a month—he was introduced by a man named Robinson—I saw Barnes at the King's Head Tavern, Borough—he said he was building a restaurant upstairs, and would have a very large consumption of cigars, and he had ordered these goods to do Mr. Robinson a turn, who was travelling for us on commission—Robinson and two or three others of the name of Owen Brothers have disappeared—Barnes never paid me—I summoned him and obtained execution, and found the place shut up.
Cross-examined by MR. FULTON. He was carrying on business as a publican—the house appeared to have been recently rebuilt—Robinson brought the order, and I went to see what sort of a place it was—I did not make any inquiry about Barnes—I saw his name in the Directory, or he would not have had the goods.
WILLIAM DEAN BUTLER . I am a commission agent, of Queen Victoria Street—I had a traveller named His cock—he introduced me to a number of customers who did not pay; among others Barnes, and I supplied him with whisky and cigars to the amount of 16l. 10s.—I did not get the money; I employed Stubbs's people to collect it for me—I saw Barnes, and asked for the money—he said "Oh, you have employed other people, now you will get your money as you can."
Cross-examined by MR. FULTON. Hiscock had been in my employ about three months—I had one transaction with Barnes before, for cigars, 4l. 19s., which he paid—that was on Hiscock's introduction, about June last—I went to the King's Head on receiving the order—I saw it was a substantial public-house, recently rebuilt—Barnes carried on business there until he was arrested—the second order for 15l. is still owing—the agreement was cash in a month—I called several times, and he always put me off, saying he had heavy expenses, and would pay next week.
WALTER THOMAS . I live at 24, Castle Street, Houndsditch—I know Vanner; he lived in the same house that I did; he was my father's tenant—I know Barnes; I worked for him as potman and barman at the King's Head for six or seven months, from December, 1881, till June. last year—I left on my own account—I have been to see him since—I saw Vanner there once, and I once saw Whitehouse in the public bar—I was sent by Barnes twice to get two boxes of cigars out of pawn.
Cross-examined by MR. FULTON. Vanner had an office of my father's on the first floor—Barnes's house was closed before he was taken into custody—during the time I was there the ordinary business of a publican was carried on, and he was doing a fair business—it was kept open while it was being rebuilt to keep the license up, but the business fell off very much; there was no room for the customers—the new building was reopened about a week before Christmas, and the business gradually increased.
GEORGE HARVEY (Policeman N). I know Whitehouse—in the summer of 1880 I was in charge of a prosecution against Holmes, Farrington, Phillips, Hiscock, and Lawrence for conspiracy, a long firm case; there were eight of them—there was a warrant out for Whitehouse on that same charge, but we could not get him—I have known Perks about three years—he and Whitehouse were constant visitors to Holmes.
Whites in custody at Harpenden—I read the warrant to them—the male prisoner said "You must be wrong; I gave a bill which is not due yet"—Mrs. White said "Of course it is not"—the next day White asked me to read the warrant to him again—I did so—he replied "Oh, now I understand, but I have not seen Horne more than two or three times lately"—Mrs. White said "I have not seen Horne for 11 years"—I searched the male prisoner and found on him the papers produced—they lived in a cottage, for which they would pay about 5s. or 6s. a week—there was no shop nor any business—I found in an outhouse two barrels of vinegar, one of Mr. Engleman's, also a quantity of horse condiment—on 23rd October I took Whitehouse into custody in Bremen Row—I read the warrant to him—he said "I know nothing about it; I did not benefit by any of the customers"—I held a warrant for Phillips, but have not been able to take him into custody yet—I hold warrants for a large number of persons who were customers introduced by Phillips and White-house, but who I have not been able to take into custody—I found this book on Whitehouse, in which there is an entry of Horne and Co.—I went to Perks's house, 156, Neate Street, Camberwell—I found him occupying one back room at 2s. or half-a-crown a week—there were no signs of business there—I took Barnes into custody in the Borough—I read the warrant to him charging him with conspiring with others to obtain vinegar by false pretences of Mr. Engleman—he said "All right, don't show me up more than you can help; let me go to my house and see my wife. I keep a public-house close here"—I went with him to the King's Head—a person who he said was his wife opened the door—he said to her "This officer has arrested me about the vinegar matter"—she immediately rushed behind the counter and took something from a drawer and put it under her clothing—I told her I was a police-officer, and I should expect her not to take possession of anything or conceal anything, and if she obstructed me in the execution of my duty I should be compelled to charge her—she then gave me up some papers and pawntickets, which are produced—there are writs at the suit of different persons in the Superior Courts and County Court summonses—the female gave me this small bag containing a number of duplicates—I also found on Barnes duplicates of goods pawned by Vanner.
Cross-examined by MR. FULTON. These 15 were all found on Barnes's premises—Vanner was arrested on 2nd November and Barnes on the 22nd, about 8.30 p.m.—the house was closed—I don't believe he was carrying on any business there—there was no liquor or beer on the premises, only empty barrels.
Cross-examined by MR. CRISPE. I found a number of papers at White's, which I gave up to Mr. Wontner—we did not take all the papers away; we left the greater part behind—I did not examine them minutely—some related to an Oil and Colour Company at Banbury some years ago.
JOHN SMITH (Police Inspector). On 2nd November I took Vanner on a warrant at Castle Street, Houndsditch—I read it to him—he said "All right, I understand it; give me five minutes to go upstairs and put my things straight"—when charged at the station, he said "I must refute it if I can"—three persons called for money while I was there, and also as to the supply of goods—I found two cases of Crook's powder—I found a man named Choat there—he gave his address at Clerkenwell—he absconded at once with the keys as soon as I arrested Vanner—he subsequently
returned them—I found at Vanner's a quantity of papers, with a large number of pawn-tickets, some relating to the jewellery in this case.
Cross-examined by MR. CRISPE. I found five or six cases of the condiment at White's at Harpenden—I did not know his place at Luton.
Cross-examined by Vanner. After I took you into custody I left a constable in charge of you—one parcel was received after you were in custody, that has been spoken of to-day by Mr. Green, also two letters, which I gave to Mr. Wontner—I received the stock of jewellery about a week after you were arrested—the greater part has been claimed by the persons who sent it.
Cross-examined by MR. CRISPE. As far as I know they were respectable people.
JOHN LOWE . I am a clerk to Charles Russell, of 9, Devonshire Street, Bishopsgate—in August last I had a traveller named Hiscock—he introduced a number of customers, who have not paid; Barnes among others—we supplied him with tea and wine to the extent of 7l. odd on the terms cash in a month—I understood he was a publican in a good position—he never paid.
Cross-examined by MR. FULTON. Hiscock had only been with me a month—he obtained orders amounting altogether to between 50l. and 60l.—I applied to Barnes for payment by our collector—the month's credit expired about the end of October.
Whitehouse, Barnes, and Vanner received good characters.
JOHN WHITE and ANNA WHITE— NOT GUILTY .
WHITEHOUSE and VANNER— / Five Years' Penal Servitude.
BARNES— GUILTY of conspiracy. — Twelve Months' Hard Labour.
PERKS— GUILTY generally. — Eighteen Months' Hard Labour.
OLD COURT.—Monday, January 15th, 1888.
Before Mr. Recorder.
228. FREDERICK HORNE (36), WILLIAM SLEE (47), EDWARD BAILEY (32), and THOMAS STRATFORD (46), were indicted for unlawfully conspiring to cheat and defraud divers persons of their goods. Other Counts for obtaining goods by false pretences.
MESSRS. MONTAGU WILLIAMS, SNAGGE, and LITTLETON Prosecuted; MESSRS. THORNE COLE and CRANSTOUN appeared for Horne, and MR. GRAIN for Bailey.
CHARLES ALFRED ENGLEMAN . I am a vinegar manufacturer, 50, Finsbury Square—on 2nd August Horne called and asked for samples of my vinegar, which I gave him—on the 4th he called again, and gave an order for a few casks of vinegar to be sent to 17, Devonshire Square—he said his business was wholesale, providing grocers, and the firm was Home and Son—the prices of the vinegar he ordered was 9d., 1s., and and 1s. 3d. a gallon—it amounted to 8l. 0s. 4d.—it was delivered at Devonshire Square—I asked for cash, but he said he would sign an acceptance for a month at his bank—this (produced) is the acceptance payable at the London and County Bank, Shoreditch—it was presented, and marked "No account"—another order for vinegar was given while the bill was running, but is was not executed—I instructed Choat, my
assistant, to make inquiries; he did so, and I afterwards supplied the goods in the ordinary way of trade, believing he was doing a good business.
Cross-examined by MR. CRANSTOUN. I have been about three years in England—I commenced business at the end of last May—mine is German vinegar—it is not inferior to the English—I had several travellers—I am not aware that one of them called on Horne and solicited orders—Horne said so—he did not tell me he was a commission agent, or that he carried on business at Luton; that his father lived there, and he would be able to get me orders there—I drew on Horne and Son at two months—it became due on 13th October—2l. was to be taken off if the barrels were returned—I don't know that they are waiting for me to send for them—Horne was taken into custody on 9th October—I made no application for payment before the bill became due—it was against my wish to prosecute—Horne's father asked if I could withdraw it—I said "No"—I have heard that the father is a very respectable man; he has offered to pay me the whole of the money.
FREDERICK CHOAT . I am foreman to Mr. Engleman—I was present when Horne called for the samples—he told me that he had a lot of customers round Luton, farmers who grew onions for pickling, and that he could get rid of some vinegar—he said he was a commission agent—he gave his address 17, Devonshire Square—I went there, and went up into a counting-house and saw him-the name was up of "Horne and Co., manufacturers, and at Dunstable"—I afterwards saw a cask at the police-station at Luton.
Cross-examined by MR. CRANSTOUN. From what I saw at Devonshire Square I was satisfied.
WILLIAM ELLIS . I am carman to the London and North-Western Railway, at Luton Station—on 15th August last four casks arrived, consigned to Horne—I delivered them to Pike, of Boyle Street—they were addressed to him, and Mrs. Pike signed for them.
ELI MATTHEWS . I am one of the firm of Matthews Brothers, tea merchants, 3, Moor Lane—on 1st Sept. Horne called for samples—he said he was a commission agent and general dealer at Luton, and was in connection with his father at Dunstable as a straw plait dealer or something of that sort—the second time he called we gave him samples—on 1st Sept. I received this memorandum from him, in consequence of which I sent on 2nd September tea amounting to 11l. 5s. 10d. by Midland Railway—cash was promised the following Saturday—I did not receive it—on 6th September I received this letter, offering a bill—we refused his bill, but agreed to take one endorsed by his father—it was sent, but not being properly signed, we returned it, and sent another for 18l. 1s. 6d., which was signed and returned in this letter—we received another, amounting to 6l. 13s. 4d., prior to the bill being accepted, but we did not send it off till after—when he first called on us he represented that he had an account at the London and County Bank, and was doing pretty well in connection with his father—he gave a further order for tea, which we did not execute, having made inquiries through our bankers—these are the invoices we sent, produced by Inspector Langrish—I saw at the station three empty packages,; they were three of those we supplied to Horne.
Cross-examined. I had not known Horne—I have heard of his father
being a respectable man—the two months bill became due since he has been in custody—I did not hear that he was unable to sell the tea—his father arranged to pay the bill—he paid 1l. on account; he has not paid the rest—we were not particularly anxious to prosecute, as long as we had the money.
JAMES PIKE . I am a grocer and baker at 54, Boyle Street, Luton—I have known Horne since 14th or 15th August—he was introduced by Dr. Slee; I believe he is an M.D.—he lived in the Albert Road, Luton—Slee and Home had called together during my absence; they left behind a sample of Engleman's vinegar—on 14th August I met them in the street, I was in my cart; they stopped me, and Slee introduced Horne, and said, "This is Mr. Horne, the gentleman who has the vinegar to sell; I left you a sample yesterday; have you tasted it?" I said "Yes, I don't like the taste of it much"—he said "It is German vinegar, but you will find it is better quality than the English"—I asked the price to sell; Horne said "You can have it at 9d. a gallon,"—I said I did not think it was worth that—he said I could have it for 8d.—I said I should want 100 gallons at one time, I might do with 50—I did not buy it on that occasion—I drove off—they said they would come and see me—I asked Slee what he knew about vinegar; he said he was a relative of Slee and Co., the vinegar makers, in London, and he understood all about vinegar—next morning, about 8, Slee and Horne called on me—they asked if I had made up my mind about the vinegar, if I would buy it; I said I could do with 50 gallons at 8d.—Horne said "We don't want to make two bites of a job like that, if you take the whole of it you shall have it at 7d.," and I did so—Slee said he had tasted it and found it splendid vinegar; it was No. 20 vinegar, and I should have no difficulty in selling it—he said the German vinegar was made from wine, and the English vinegar was made from beer—Horne said he was an agent for Mr. Engleman, and had this vinegar to sell—he said he was sending it to a firm at Dunstable, but for some reason it was not to be delivered, that the money was not forthcoming, and he had orders to sell it at Luton to save the carriage back to London—he said he wanted the money; I said I should not think of paying for it before I saw it or received it—he said "Oh, it will be all right, if it is not you can have the money back"—he asked me to pay something on account, and I gave him a sovereign—about a week afterwards the 100 gallons was delivered—my wife paid the carriage, 12s. 5d.—next day Horne came; it was then I paid 1l. on account—I agreed to pay the balance on the following Saturday, and I did so, and he gave me this receipt—I handed him the receipt for the carriage—in September I found that two samples of tea had been left at my house—next day I saw Horne and Stratford—I knew Stratford through seeing him in the town; I never had any transaction with him, Horne asked me if I had tried the tea; I said "Yes," and I liked it very well—the samples were marked 1s. 3d. and 1s. 6d. or 1s. 7d.—he said I could have them at 1s. 2d. and 1s. 4d.—I said I liked the cheapest best, and I would take it at 1s.; he said "No, I can't do that, it cost me more money"—Stratford said "Let him have the two at 1s."—I said I did not want two half-chests—however, I agreed to buy it at 1s. a pound all round—I paid 1l. on account, and the balance in a week—it was delivered by Horne next morning—on 16th he came for the money, and I paid him 4l. 8s. for 108lb.—I asked him for a receipt; he said he would
send it up; he did not do so—I called at his house for it; he was not at home—I next met him in the street, and he wrote this receipt. (This was made out at 1s. 3d. and 1s. 7d.) I asked what he put the price like that for; he said "So that you may get a better price for it, and make it correspond with the invoice"—I saw the bottom part of the invoice, but he doubled the head of it, so that I could not see where it came from—a week alter that Horne and Bailey came; I had not known Bailey before—Home asked me if I could do with any more tea; I said I did not want it, I had not sold all the other—he said "I have got another half-chest; we are going to London to-day, I must have some money; you can have it at the same price, buy it if you can"—I said I could not pay for it then, but I agreed to take it at It. for 54lb.—I was to pay a sovereign on account, which I afterwards paid him, and he gave me this receipt—shortly afterwards he was taken into custody—when he was in custody Stratford called on me—he asked if they had been to see me about the vinegar; I said "Yes," and I had been to Worship Street and told them all about it—he asked if I had given up the receipts; I said "Yes"—he said "You had no business to give them up, they belong to you, but they can't do anything in it; he has given a bill for the vinegar, and the tea I know is all right."
Cross-examined by MR. CRANSTOUN. I know a man named Boston; he spoke to me about the vinegar, and Home showed it to me the same day—Home sold it me—it may be good vinegar, but my customers did not like it—I have sold about half of it, I have half now—in my opinion it is inferior to the English—I told Horne I would not have any more of it—in my opinion 7d. was a good price for it, I can buy good English vinegar at 7 1/2 d. to suit my customers much better—Home said he was very short of money at the time—both Home and Slee said it was very good, and pressed me very much to buy it—Slee said it was all right, and it was a respectable firm—Home gave me a fortnight's credit for the tea.
Cross-examined by MR. GRAIN. I don't complain, only of the trouble of coming here—I did not ask Horne to make out tine invoice at 1s. 3d. instead of 1s., it was his own proposition—I sold 501b. of it at 1s. 3d. to one man—Stratford was present when the bargain took place, in the George the Second—I paid all the money to Horne—I believe Bailey lives at Luton, and Stratford also—I did not know Bailey's father—I knew he was a respectable man at Luton, and Stratford's father also—Home said he had a lot more tea at the docks, and he must sacrifice a lot of this to pay the duty.
RALPH LACEY . I am manager of the Burmah Cigar Store, 27, New Oxford Street—I have known Bailey some time—he called on me in October, 1881, and while he was with me Horne and Stratford called—Bailey said he thought he could do a good trade at Luton if he could get a start in cigars, tea, or anything, and I suggested it to him as well—I knew he was largely connected with Luton—he said nothing to me about Horne—I entrusted Horne with eight boxes of cigars as samples to the value of 6l. 2s.—he recommended Stratford as being a very likely man to do a good trade in cigars—upon that I supplied Stratford with cigars to the amount of 5l. for cash in a month—Horne had cigars to the amount 4l. 17s. for cash—he did not pay me, and I did not let him have any more—on 9th September I went to Luton, and saw Stratford and Bailey and Horne at the
George the Second, and Stratford introduced Slee as Dr. Slee—on that occasion Horne gave m" a bill for 9l. 18s. 6d. drawn on his order to cover his debt and Stratford's—it was dishonoured—I afterwards went to Luton again, and Stratford took me to the office of some solicitors there—the name of Miller was over the door—I saw somebody represented as Mr. Pook, and I got a 5l. bill from him and Stratford—that was in payment of Stratford's debt—that was after Horne's bill had been dishonoured—that 5l. bill has been since paid, after Stratford was in custody—Pook asked me if I was willing to pay for the cigars if he could get them, as he knew where they were pledged—I said "No"—Bailey had told me that his brother pledged them—I have since seen some of the cigars I supplied to Horne in the hands of the police, and four boxes that I supplied to Bailey; none that I supplied to Stratford.
Cross-examined by MR. CRANSTOUN. Mr. Hume is my backer, he backs me up with capital—he has nothing to do with the business—I have been in Oxford Street since about last May—before that I was living at Dalston—I had a billiard-room there—I was very intimate with Bailey, and have a high opinion of him—he is very highly connected—I did not send Horne to Mr. Hume's to buy cigars, but he got them as though I recommended him—I did not ask him for another order—I believe at the time he was taken into custody he had got an agency for a firm at Bradford and was doing a considerable business.
Cross-examined by MR. GRAIN. I am only selling goods for Mr. Hume, of Mark Lane—I recommended Bailey to start for Mr. Hume, to get samples from him, because I did not keep his samples—Bailey has not defrauded me of much—he has taken orders and not paid me the whole of the money, and I have not got the samples back—I have lost about 5l.—we agreed verbally to divide expenses to pay for the goods—I have not borrowed money of him, only what I have paid back; 2l., I think—I have nothing to complain of as to Stratford, because his bill has been paid by Mr. Knight, the acceptor.
WILLIAM PEPPER . I am landlord of the Queen's Hotel, Luton—I know the prisoners; they have occasionally used my house—in September last Stratford came to me with some cigars, and asked me to advance him 3l., as he wanted to go to London to see about an auctioneer's license—I did so—he said the cigars were his own—he did not redeem them; they are now in the hands of the police—two or three weeks afterwards Bailey came and left three boxes of cigars, and I lent him a sovereign then and 5s. a week afterwards—they were not redeemed—the police have them—Stratford afterwards came and told me that Mr. Mackenzie, of the George II., had given him 5l. towards getting his license, and he was going to London with him to obtain it—he said the money was given to Horne, and Horne was going to give the other 5l.
Cross-examined by MR. CRANSTOUN. Horne was not with Stratford—I have been in Luton six years—I have heard that Horne's father is a very respectable man, and has carried on business there eight years—I don t know him personally.
FRANCIS COLLINS . I keep the Cock Tavern, at Luton—on 7th Sept. Horne and Stratford hired a dogcart of me—on their return Stratford offered me some cigars for sale—he said he had a commission from a firm of cigar makers at Birkenhead, that he had three months' credit,
and he pressed me very much to purchase some; that he wanted the money to purchase an auctioneer's licence—after a deal of persuasion. I bought five boxes of him at 7s. 6d. a box for cash—he did not show me any invoice—two or three days afterwards Home called and offered me some samples—I refused to have anything to do with him, as I knew he had been in trouble before—Slee called one day and hired a dogcart of me, and said he was going out on business to sell some cigars, and he would bring me some samples at another time, but ho did not—he afterwards said he had some samples at the Queen's Hotel—I said I did not want them, I had got plenty—I have seen Stratford and Horne together at the George II.
FREDERICK BALL . I am a grocer and tea dealer, at Shadwell Street, Luton—in September last Home called and offered me three half-chests of tea for sale at 1s. 6d., 6d. 1s. 4d., and 1s. 2d. a pound—I said I only wanted one, and the one at 1s. 4d. would suit me, but with a deal of persuasion I offered to buy the three at 11l.—that would be at about 1s. 4d. a pound—it was to be delivered next morning, and I was to pay him part on Saturday night and the balance in a month—he said two were at the Midland Station at Luton and one at the Cock in Park Street—I tried to get it from the station, but did not—they would not allow me to have it without Home's signature—the ostler from the Cock brought me one chest—on the Saturday afternoon Stratford called at my place—I told him I wag unable to get the two half-chests from the Midland Station—he said he could get them, no doubt, as he was with Home when they arrived—he went to fetch them, and in the course of half an hour they arrived—Stratford afterwards arrived to see if they were all right—I saw Horne and Stratford together that evening at my shop—Horne wished to know what right I had for getting the tea—he wished to dispute the transaction—I told him that it was quite a bond-fide transaction—I afterwards received a letter from Miller and Company, of Luton—I saw a gentleman named Pook connected with that firm, and in the presence of Stratford and Horne Mr. Pook asked me my version of the story—he said of course he could understand that it was a business transaction, but he would advise me to let Horne have the two halfchests of tea that I had not opened, and to pay him for the two that I had opened—I did let him have the two half-chests, less 3l. off one—I gave Stratford 2l. on account for Horne, and agreed to pay the balance—these are the receipts he gave me.
Cross-examined by MR. GRAIN. I only know Stratford by sight, seeing him in the town—I consider I gave a fair market value for the tea.
CHARLES WHITLEY . I am country manager of Hoare and Co., brewers, Lower East Smithfield—I sent this letter addressed to Stratford and received his reply giving references—I subsequently supplied beer to Bailey to the amount of 42l. 12s. 6d., which was never paid—I had a correspondence. with Stratford with reference to the casks.
Cross-examined by MR. GRAIN. This took place in December, 1880.
JOHN LANGRISH (Police Inspector). On 9th October I apprehended Horne on a warrant—I told him the charge—he said "I gave a bill for the amount; it is not due yet; Mr. Engleman ought to have written me on the subject; I asked him to take the vinegar back and he would not"—I searched Horne, and found on him this "ticket of leave"—I arrested Stratford at the railway station, Luton, and Slee on 17th November—I
read the warrant to him—he said "Thank God, I can clear myself of this; I only wish scorcher Horne was here, and I would twist his b—neck"—it was a private house where I arrested him—there was very little furniture in it—there was only one room furnished and a bed on the floor.
Cross-examined by MR. CRANSTOUN. I arrested Horne at the railway station—he arid he was travelling for a firm at Bradford at the time—I believe that was a fact—I found some patterns and books upon him—he told me that he had executed an order to the extent of 40l. on that day—the documents I found I handed to Messrs. Wontner.
ST. JOHN WONTNER . I am acting in this prosecution as the agent to the Treasury—I have all the papers I received from the officers in this case with the exception of some that I deemed immaterial—there were a large number connecting Home with another case.
Cross-examined by MR. COLE. I believe Horne was remanded four or five times before the case was taken up by the Public Prosecutor.
Cross-examined by MR. GRAIN. The information against Stratford was from Mr. Pike, and also against Bailey.
JOHN SMITH (Police Inspector). On 18th November I arrested Stratford at Luton—I read the warrant to him—he made no reply—he afterwards said "Are you going to take me to Luton on this charge? why not take me before the Magistrate here?"—he was living in two small rooms with a woman—they were very poorly furnished.
Cross-examined by MR. GRAIN. He was in bed at the time I arrested him—be said he was living in lodgings.
JOHN STANTON (Constable in Luton Borough). I know Horne, Stratford, and Bailey—I have seen Slee, Stratford, and Bailey in company on scores of different occasions and Horne with them—Slee carried on no business neither did Stratford nor Bailey—some two years ago Stratford did—Bailey hired part of some stables attached to the Queen's public-house, for stores, which he obtained from different parts of the country—I took Bailey into custody and read the warrant to him—he said "I can assure you I am innocent of this charge; the only thing they can connect me with is the goods obtained from Mr. Hume, of Mark Lane, where me and Stratford and Horne were travellers; I was not aware that they obtained anything till afterwards"—I am generally at Luton Police-station—I have received numerous complaints with regard to the prisoners.
Cross-examined by MR. GRAIN. I know Stratford's father as a man of high respectability in Luton—I don't know "Bailey's father—I have heard that he is a respectable man—Bailey was charged with conspiring with others for frandulently obtaining vinegar from Mr. Engleman, and other goods.
Cross-examined by Slee. I don't know of any business carried on by you during the last eight years—I do not know that you had an allowance from your family.
Slee's Defence. Until August I never knew that there was such a man as Horne in the world. I have a nice income, which is sufficient for me. The reason I met Horne was as a public-house acquaintance. He asked me if I knew any one I could sell some vinegar to. I said "I am not in business" He afterwards said "I have four casks of vinegar on my hands at Dunstable," the expenses of warehousing were heavy, and I said I would try what I could do for him. In the meantime he saw Boston, who went to
Pike. Horne asked me to introduce him to Pike. I said I had no objection, and as he was coming by in a horse and cart I just stopped and introduced him, and that is all I know about it.
GUILTY of conspiracy. SLEE was recommended to mercy by the Jury on account of his age.
HORNE PLEADED GUILTY to having been before convicted of a like offend in March, 1878. HORNE— Seven Years' Penal Servitude. SLEE— Twelve Months' Hard Labour. STRATFORD and BAILEY— Eighteen Months' Hard Labour.
NEW COURT.—Monday, January 15th, 1883.
Before Mr. Common Serjeant.
229. HENRY POVAH (25), THOMAS MOKES (32), CORNELIUS BLAIN (32), and AUGUSTE SHAEFER (27), Stealing a box containing a bill of exchange for 1,000l., four receipts for money, and other papers, and money to the amount of 356l. 17s., the goods and money of John Symonds Bocket, the master and employer of Povah. Second Count, receiving the same.
POVAH PLEADED GUILTY .
MESSRS. MONTAGU WILLIAMS and GILL Prosecuted; MR. GEOGHEGAN
ROBERT RIDLEY . I am a clerk to Messrs. Bocket and Sons, solicitors, at 60, Lincoln's Inn Fields, and I act as cashier—there is a strong room in the office, in which I used to put the cash-boxes when I left—on Monday and Tuesday afternoons I had certain duties which made it necessary for me to lock the room up about 2 o'clock and take the key with me—on Tuesday, 14th November, about 1.45 p.m., I saw the three cash-boxes put in the strong room by a boy named Fern—I locked them up and took away the key with me—next morning, about 10.30, I missed from the strong room, a cash-box with a London and Westminster cheque-book, a Whitehall Building Society book, a Birkbeck Building Society book, a Birkbeck Bank pass-book, a bill of exchange for 1,000l., a stock receipt for 2,330l., a receipt to receive 100l. from the Edinburgh Life Insurance Company, a deposit note for 300l., one for 125l., and two for 277l. 4s. 2d.; a cheque for live guineas, and cash and notes to the amount of 365l. 17s. 7d.—there were 11 5l. notes, numbers 73218 to 28:99K—Povah was a copying clerk in the employment of the firm, and occupied a seat in the outer clerk's office—a person going from there to the strong room might go through the waiting-room and Mr. Bocket's room, and could get out without coming back through the office—I sat in a separate room, the cashier's room—information was immediately given to the police.
GEORGE FERN . I am a clerk in the employ of Bocket and Sons—on 14th November I took the cash-boxes and books from the cashier's room and carried them to the strong room—as I left there the cashier came up and I went away—Mr. Ridley had the key—I know Shaefer by sight—I have seen him at the office about three times before this robbery—he came there to see Povah—the last time was about three weeks before the robbery.
Cross-examined by MR. GEOGHEGAN. This paper is in Povah's handwriting.
a cab about 8 or 9 o'clock—he had some friends with him, and they had something to drink—don't recognise any of them—he fumbled about in his pocket and pulled out some money, and noticing that he had had something to drink, I thought he would lose them, and I asked him if he would leave the notes with me—I am very well acquainted with his brother-in-law—he said he would not, and then he said "You had better give me some change for them"—I gave him gold and silver for two 5l. notes—one of the persons with him said in his presence, that he had sold a house—Mokes did not contradict it—after being there about half an hour he went away—about half an hour after he came back and stayed a short time—he said he had been to Long Lane—on the following day, about 3 or 4 o'clock in the afternoon, he drove up in a cab with some one else—the cabman came in with him, and he said "Can you change a 5l. note?"—I had not sufficient, unless it was all silver, so I sent to Lebras's, next door, and got change and gave it him—he went away, and I did not see him till a few days after—one note I changed with Lebras, one was paid to the Wentminster Brewery Company, and I believe the third was changed at the distillery, but I am not certain.
Cross-examined by Mokes. I heard afterwards you told your brother-in-law you won the notes gambling—I did not say so at the police-court.
MARIE LEBRAS . I am the wife of Louis Lebras, of 90, St. John Street, Smithfield—on 15th November Bailey came with a 5l. note—I gave him change in gold—I paid it into the London and County Bank, Aldersgate Street Branch—it was the only note I paid in that day.
JOHN ARTHUR MOORE . I am a clerk at the London and County Bank Aldersgate Street Branch—Mr. and Mrs. Lebras have accounts there—on 15th November a 5l. note, No. 73218.99K, was paid into her account—by the London and County; it would be paid into the Bank of England.
THOMAS FENNER . I am a clerk to the New "Westminster Brewery Company—on 18th November I received this note, No. 73220, from Cozens in part payment of Mr. Horne's account—I wrote Horne's name on it at the time, to identify it.
JOHN THOMAS OVERSTALL . I am a cashier at the National Provincial Bank, Islington Branch—Mrs. Woodman, who keeps the Rotherfield public-house, Shepperton Street, Islington, has an account at that bank—on 16th November she paid money in, amongst which was a note No. 73221; it bears the name of "C. F. Blain, 16, Rosemary Street," at the back.
KATE OLIVE . I am barmaid at the Castle in the City Road—Shaefer came in on 21st November, I think, with others—they had something to drink and some cigars—Shaefer took a 5l. note out of a pocket-book to pay for it, and I noticed some other notes in his pocket-book—I spoke to somebody about what I had seen—I gave the note to Mr. Goffer, the manager, to change.
Cross-examined by MR. GEOGHEGAN. I am not sure it was the 21st—at
the police-court I said it was the Monday—there is only one assistant in the bar besides myself—the landlord assists—I may have taken a note on the Monday and one on the Tuesday.
CHARLES HENRY MARTEN . I am a clerk in the London and County Bank, Islington Branch—on 18th November I changed a 5l. note for Mr. Goffer, No. 73224; on 16th November two 5l. notes, No. 10901, dated September 12, and 73227, dated August 30, were paid in to the account of Mr. Baker, of the Victoria public-house.
Cross-examined by MR. GEOGHEGAN. Mr. Goffer pays in every Monday the money he has received during the week, but note 73224 was not paid to his account, it was exchanged over the counter.
JULIA CAMPION . I am a servant at 11, Winchester Street, Pimlico—one day in November I was sent out to change a 5l. note for a gentleman who I do not know—I got change at the Albion, and gave it to him.
CHARLES JOHN WILLIAMS . I am a clerk in the Accountant's Office, Bank of England—I produce some bank-notes from 73218 to 73228, excepting 73222, which has not been paid in—73218 and 73219 were paid in by the London and County Bank, the former on 17th November, and the latter on 5th December—73220 was paid in on 4th November by the London and Westminster Bank, and 73221 on 21st November by the National Provincial Bank—73224 was paid in on 20th November by the London and County Bank, and 73225 on 27th November by the London and County; 73226 on 21st November by Glyn and Co.; 73227 on 17th November by the London and County; and 73228 on 25th November by the National Bank—73223 was paid in on 11th December by the London and County Bank—73228 is endorsed "H. Parker, Belvidere"—that was issued on 25th November—the others are all dated August 30.
ELIZA ROBERTS . I am housekeeper at 11, Packington Street, Essex Road—on 11th November I was stopping at Mr. Povah's—I had to prepare his tea that day—he said something to me, and I went into the next room, leaving him with Shaefer, who I had seen before—in a quarter of an hour or 20 minutes Shaefer ran out down the steps to the Essex Road, and Povah remained 5 or 10 minutes—this was between 8 and 9 p.m.
Cross-examined by MR. GEOGHEGAN. Mr. Povah has lived there some years—he is married, and has two children—Shaefer and other friends used to call there.
CHARLES BERRY (Detective Sergeant Y). I made inquiries in November, and on 2nd December Morgan and I took Blain at 7, Hyde Road, Hoxton—I said "We are police-officers; about 10 days ago you changed a 5l. Bank of England note at Mrs. Woodman's, 8, Shepperton Road; can you tell me where you got it from?" he hesitated some time—he was drunk—he then said "I got it from Tom Mokes in the Packington Arms public-house for money he owed me"—I said "What did he owe you the money for?" he said "For sixpences and shillings which I had lent him"—I said "Well, I must tell you that that was a stolen note;" he said "Well, I am no thief, I was at work at the time the job was done"—nothing had been
said as to when the notes were stolen—I did not take him then—I went to the Packington Arms, and asked if they could tell me where Mokes could be found, but they could not—I took him in custody, and told him the charge; he made no reply—on the same day, at 12.30, Morgan and I took Mokes at 34, Spencer Street—I said "We are police-officers, and are about to take you in custody for being concerned with others in stealing a cash-box containing 10 5l. Bank of England notes, 10l. in gold, and some valuable securities, from. 60, Lincoln's Inn Fields on 15th November;" he said "I won the money at nap from a man in the Euston Road, but I shan't tell you at what house"—I said "Do you know the man?" he said "No"—I said "How many notes have you changed;" he said "Only three, and those I changed at the Little Bell, Clerkenwell"—I said "Well, I must tell you that we have Blain in custody, and he changed one of the stolen notes, that makes four;" he said "Oh, you have Blain in custody, have you? he knows as much about the job as I do"—at the station he made no reply to the charge, but Blain said "I am not guilty"—on 4th December I took Shaefer at the Marquess public-house, Canonbury—I said "We are police-officers, you have changed some 5l. notes lately in conjunction with a man named Mokes;" he said "I don't know what you mean"—on the way to the station he said "I admit I know a man named Mokes, but I changed no notes with him"—I took Povah on 9th December.
Cross-examined by Blain. I said that it was concerning a cash-box robbery on Nov. 15th—both you and your wife were drunk.
Cross-examined by MR. GEOGHEGAN. Mr. Williams is the only witness here who was not at the police-court—Shaefer lives opposite the Marquis public-house.
HENRY JAMES POVAH (The Prisoner). I was a clerk to Messrs. Bockett—I have pleaded guilty to stealing this cash-box, and notes, and securities—I have known Shaefer about eight years—I met him by appointment at the Thatched House a week before the robbery, and asked him to pay me 3l. which he owed me—he said "I will when I get some money"—he afterwards said "You know where you keep your cash, don't you?" meaning the firm's cash:" what sort of safe is it, and how many keys to it?"—I said "It is not a safe, it a strong room, and there is only one key"—I don't think it was that night, but he suggested that I should buy some white wax, mix it with tallow, and take an impression of the key—he bought some wax in the Essex Road, gave it to me, and told me it would want a great deal of mixing before I took the impression, as it soon got hard—I did not use it, but the key was left in the door when the strong room was open, and I made a tracing of it on paper and gave it to Shaefer, who said he would buy a key with the square portion blank, 80 that he could cut any part out of it—he got two keys, one blank and one already cut, which looked like an old church key; that was very similar to the tracing, only it wanted filing down a little—he gave me that key to try a few days afterwards, and said that he had thrown the blank one away—I tried it and could not turn it—that was two or three days before the robbery—he took it back and worked at it again—I said that I did not care about going on with the job—he said that I was not to give way, if there were any paper money securities he could easily get rid of them in Paris; he could go there and back in 24 hours, and he filed it fresh and gave it to me on the Monday
before the robbery at the Royal Music Hall public-house, Holborn, and said "If that won't open it nothing will"—I was to bring the box out, and he was to meet me at the corner of Lincoln's Inn Fields and take it from me, and I was there for the purpose, but it was not taken that night—on the Tuesday, at half-past five o'clock, I went from the outer clerk's office where I sat, through the sitting-room, and into the room where the strong room is—I had my coat and hat on ready to go—I opened the strong room door with the key, took out the cash-box, locked the door, and got out by going through the sitting-room, through Mr. Bockett's room, and through his private door; so that I had not to go through the outer office—there were two or three clerks in the inner office—I took the box away in a rush basket, and handed it to Shaefer at the corner of Lincoln's Inn Fields—I arranged to meet him at the Yorkshire Grey, Theobald's Road, and then went to the office—I did not see Gill, the clerk I wanted to see, but met him in Lincoln's Inn Fields—we had something to drink, and I left him and went to the Yorkshire Grey—I met Shaefer there—we took the tram to the Angel, and went to Finsbury Park to open the cash-box—we went down a street where they were building some houses—he brought some pincers which you cut tin with, and a pair of scissors—I held the box up against the wall and he perforated two holes in it—we heard some one coming and were frightened, and gave it up, and walked as far as the Manor House, and turned round to go home through Canonbury—I said "I am very sorry it is done, and if the holes were not in the box I should take it back in the morning"—he said "Don't be faints—hearted, I will get a man to open it"—he went for a man, but I did not let him have the box—I took it home, and finding my wife out I opened it with a pair of scissors which Shaefer gave me, which you cut tin with—soon after that Shaefer came, and said "I have got a man to open the box"—I said "It is opened"—Mrs. Roberts was upstairs—Shaefer looked at the contents of the box; there were 11 5l. notes, 10l. in gold, and some silver—there were other papers and a 1,000l. bill, which we burnt—he put the money in his pocket, and handed me 3l.—the securities were left in the box—it was tied with string, and he said "This must go into the Thames"—we went to a stationer's shop in Essex Road and bought some brown paper; we went round Colebrook Row, where Shaefer wrapped the box up—we took a cab, and I made an appointment to meet him at Deacon's Music Hall—he came there three-quarters of an hour after, and said it was all right, but he had a little difficulty in getting; rid of it, so many people being on the bridge—we stayed at the music-hall half an hour, and then went to the Angel, and had some drink; we then took a cab to the Belvidere—he said "This is a big house, we can get rid of something here," and after having some drink he changed two of the notes with the barmaid; she brought them back to be endorsed—he said to me "You had better endorse it"—I was about to endorse it with my own name, but he said "Put any name"—I had put "H. P." for Povah, and then I made it Parker—I picked up the change, and he said "Here, hand it over, you can have it when the money is changed"—it had been agreed that I should have half—we then went to the Victoria, King's Cross, and after paying for some drink he changed another 5l. note—from there we went to a public-house opposite the Midland Hotel; we had some drink, and he produced a 5l. note, and said "You look the most swell of the two,
you had better pass this"—I tendered it, and he picked up the change—I then began to lose my senses; I had had so much drink—I remember getting into a cab, but remember no more till the next morning, when I found myself in a large house in Pimlico—I don't know the name of that street, but I went to a house in Winchester Street, and went into a room where Shaefer was, and where four of us had brandy and soda, which Shaefer paid for with a 5l. note—I suppose the change was sent for, as it was some time coming—Shaefer said "You had better not go to work to-day"—I said "I must, to stave off suspicion"—we took a cab, and I parted with him at the corner of Packington Street, and I did not see him again till I was charged with him—I went to the office that day, and continued there till 6th December, when I was taken ill, and was at home one or two days, and Nash, one of the clerks, came to see me, and I told him what I have told you now, I have only had 3l. of the money.
Cross-examined by Mokes. I never saw you or Blain till I was in the dock at Bow Street.
Cross-examined by MR. GEOGHEGAN. Shaefer owed me the 3l. for legal business I had done for him—I have been four years in Mr. Bockett's employ—he was a good master, and it never entered my mind to rob him till Shaefer suggested it—I usually went to the public-house every evening—I used to spend a shilling a week there—my wages were 30s. a week—I have a wife and two children to keep—none of the people behind the bar knew me—I have not been there more than 50 times—I went to the Royal with Gill, the night the robbery was committed—I think they know him; he is there more often than I am—Shaefer did not come in—I left Gill at the corner of Red Lion Street, and did not tell him where I was going—you would pass the Yorkshire Grey going to Islington—I proposed going there—Shaefer said that I need not be present when the box was opened; that was because he did not want me to know what was in it—I wanted half—when he proposed to burn the bonds I said that I would disguise my writing, and send them back, or that they should be thrown into Lincoln's Inn Fields, so that they should come into their possession—only one bond was burnt; that was the one for 1,000l.—I suppose it was done on the impulse of the moment—some promissory notes were left in the bottom of the box—I live in a turning out of Essex Road, two or three minutes' walk from where ho bought the brown paper—I had been there once before, but they did not know me—no one is here from the shop—I had been with Shaefer to Deacon's Music Hall before—we usually went to the stalls once a month—I can't say whether the cheque-taker saw me, as I sometimes went in with a refreshment ticket; they suppose I am a bill exhibitor, but I am not—there is no one here who saw us there that night; we walked from there to the Angel, and changed a note there.
Re-examined. Shaefer owed me the money for drawing and engrossing two copies of a deed for him, and I was retaining them in my desk till he repaid me—that was not office business; it was my own.
Blain's Statement before the Magistrate. "At the end of October I went to work for Mr. Robarts, of Kings Square, and was at work the day I was taken in custody. On 15th November I knocked off at 4.30 p.m.; coming up Pentonville I met a friend named Taylor, who took us into the Belvidere public-house and gave us a pot of beer. We went into the Packington Arms, and Taylor stood another pot of beer; a cab came to
the door with Mokes, Andrews, and Povah in it. Mokes asked what he owed me. I said I did not know. He said, 'Here is a piece of paper for you.' I won some money by gambling."
Mokes's Defence. I met two or three young gentlemen, and played at Nap with them for two or three hours. I happened to win, and I won about 20l. It was in a turning out of the Euaton Road.
Blain's Defence. On 15th November I came home at 7.30, and this gentleman (Shaefer) said he had just come home, and had won some money at gambling.
BLAIN received a good character.— NOT GUILTY . MOKES— GUILTY of receiving. — Nine Months' Hard Labour. The prosecutor recommended POVAH to mercy. He received a good character.— Twelve Months' Hard Labour.
FARDY received a good character.— Nine Months' Hard Labour each.
OLD COURT.—Tuesday and Wednesday, January 16th and 17th, 1883.
Before Mr. Recorder,
MESSRS. MONTAGU WILLIAMS and SNAGGE Prosecuted; MR. GEOGHEGAN appeared for Beil; MESSES. E. CLARIS, Q.C., and GILL for Kahn; MR. J. P. GRAIN for Ross; MR. BESLEY for Brown.
THOMAS CARTER . I carry on business with my mother and brother, at South May Mill, Elland, Yorkshire, as silk manufacturers—the firm is James Carter and Son—the father of the prisoner Ross was formerly our London agent, and when he ceased he recommended the prisoners Brown and Ross as his successors, and intimated that they were in partnership—I said I could not say anything about it till I got back home—they afterwards called at our place—we did not give them the agency then—I called at their place, 180, Aldersgate Street—their name was over the door—I saw a long narrow room and believed they were carrying on a genuine business, and therefore entrusted them with our London agency—I say them both, and they afterwards introduced about half a dozen customers; we have been heavy losers by most of them—in addition to those customers we supplied goods value £700 to Ross and Brown to sell on our account on commission—we drew a bill on them, which they renewed and ultimately met—we were sued on it; my brother can tell you about it best—we afterwards found that our goods were pledged—Brown took me to a place on Ludgate Hill, and told me that the goods were put there because they had not room enough in their warehouse—those were the goods which were sent on account of the bill—I said "You are sure this is right?"—he said "Yes,
this is a friend of mine and of my father's when alive; we are going to alter our warehouse, and that is the reason the goods are here"—when Mr. Parker wrote to me from Leeds I found the goods were pledged—Ross and Brown introduced me to Jackson and Co., 28, Commercial Road—Brown said they were respectable, that they were doing business with them, and he would introduce me to no one who they could not trust themselves—I made inquiries about Jackson and Co. of the Trade Protection Society, after which my brother wrote to Brown and Boss; and Brown and Boss said in their office that Jackson was a good man, that they were doing business with him, and knew better than the Trade Protection Society, as they were on the spot—I then entrusted Jackson with goods; the first transaction was for cash, but I did not get it—I received these bills. (For 90l. 10s. and 200l., each at four months after date.) Brown also introduced me to the prisoner Beil as Henderson and Co., of Plough Street, Commercial Road—he said that Beil was a merchant and a respectable man, and he would not recommend him only they trusted him themselves—Henderson and Co. ordered goods of us through Brown and Boss amounting to 105l. 0s. 10d., and paid cash—their second order was for 147l. 13s. 10d.; they gave a bill for that dated September 1, 1882, which was not paid—they gave us a further order for goods value between 200l. and 300l., which we did not supply—Ross also introduced us to the prisoner Kahn, of 7, Water Lane, City, who he said was a respectable man, a shipper, and if the goods were right he could take a large quantity, that he could trust him, and he would not introduce any one who they could not trust themselves—Kahn then gave an order for goods amounting to 47l. 1s. 10d., for which he paid cash—he gave a second order and that was paid—he then ordered goods amounting to 110l., and another parcel amounting to 502l. 5s. 10d.—I asked if he could pay cash—he said he thought he could, but if so he should want extra discount—I said if he paid cash I would allow him 3, and for a month 2 1/2, but preferred to give him 3 1/2 for cash—he agreed to that but did not pay cash—he afterwards gave me a bill for 612l. 5s. 10d., which was the total of the two orders, in lien of which these two bills were substituted. (These were for 300l., dated September 12th, and 312l., dated September 21st, both accepted by Khan.) I took them to our bankers, who would not discount them—I took the two smaller bills on the condition that our bankers would discount them, if not they were to be met in due course—I told Khan that the bankers refused to discount them—he said that they would be met—I said that we preferred that he should give us the money—he said he could not pay cash then, but the bills would be met; he wag all right—the goods were sent to him—they were unions and serges—up to that time I did not know that Jackson, and Henderson and Co, and Kahn were in communication with one another—they were separately introduced by Boss and Brown—after the goods were supplied I received information from Mr. Parker, of Leeds—I came to town with him, and on the way to Boss and Brown's office we met Jackson in Aldersgate Street. (MR. GRAIN objected to this evidence, and it was postponed.)
Cross-examined by MR. GRAIN. I saw Jackson at his warehouse and also in Aldermanbury—I did not address him, but I knew him as Robshaw—they are the same person.
THOMAS CARTER (Continued). When I met Jackson in Aldersgate Street he asked how I was, and why I had come to London so soon—I said, "I have heard there is something wrong about you and Boss, and Brown, and the lot"—he said, "Well, Mr. Carter, I wish I had never known Boss; I have had nothing but trouble with him ever since I knew him"—I said, "Well, what about your account? I think it is time it was paid"—he said, "I will pay my account and be out of it, for Boss is nothing but a little thief"—he told me to call at his place in the afternoon and he would pay his account—I then went to Ross, and asked him if he could give me any information about the order, as I had seen Jackson or Palmer, and had heard it was a swindle; I told him what Jackson had said, that he was no good and was a little thief—Ross said, "What, has he split?"—I said, "Now, Mr. Ross, you know we want our money, and we want it at once"—he said, "If you will only wait, we have some goods coming from Yorkshire," I think he said from Elland; "I will sell them at 1d. a yard off, if you will agree to lose a halfpenny"—I said I would sooner lose the whole money, I could not be a party to such work—he said, "Do you know Rawden Brims and Co.?"—I said, "I know them very well, there are some of their goods here"—he said, "For God's sake, don't tell Rawden Briggs; we will realise the money one way or other to meet the bill if you will only do that; it is the best thing I can do; I am in a mess, and I wish I was on of it"—I said, "we want our money, and we want it right, bat it seems we are not going to get it"—he said, "You will get it if you keep your tongue still and don't tell any one"—he asked me to call again in an hour, and he would see what he could do for me, as he had an appointmeat—I said "Yes"—I sent word to Roden Briggs and Co. to send no goods—I afterwards went to Jackson's office by appointment, and saw Henderson or Beil, and while there Kahn came—the door was ajar, and Jackson went out and spoke to him—Kahn then went down the steps and went away—Beil remained a few minutes and then went in—I then told Jackson it looked very strange that Henderson and Kahn should be there—he said, "It is merely friendship, it is all right, I will pay my account this afternoon"—I went round the corner to Beil's place, and asked if he could pay his account—he said he could not—I told him what Jackson had said—he said, "Mr. Garter, I am very sorry; I have had nothing to do with it, Mr. Jackson has had the most of my goods"—I said, "I am going to put this affair into somebody's hands who can do something"—Beil said, "Don't bring me into it; only do as I advise you, and I will turn round and give Queen's evidence against them"—I said, "That don't pay our account"—he said, "Well, I can't pay it, for I have had very little out of it"—I said, "What do you mean?"—he said, "Jackson has had all the goods, or nearly all; I have had very little out of it, I can't pay you"—I then went to Kahn's office, and told him I had come to see if he could pay his account—he said, "I have given you a bill, and it will be met in due course"—I said, "It seems as if there was a conspiracy going on"—I told him I had seen Jackson, Ross, and Henderson, and it seemed to me as if he was in with them—he said that he knew nothing about Jackson or Henderson, he did his business
straight and honest, and my bills would be met in due course—I asked him again to pay his account—he said that he could not, and began to be very wild about it, and said that if I did not go out of the office he would kick me out—before that I asked him if he would show me his books—he said "No"—I said that if he could prove he was doing a straight honest trade I would accept the bills and let them run on—he said, "To tell you the truth, I have not had all the goods which have been sent to me"—I said, "Who has?"—he said "Jackson"—my firm has lost over 2,000l. by these transactions, and has had to go into liquidation—we received this bundle of letters (produced)—Jackson introduced a firm of Benjamin and Co., and we supplied them with goods value 300l.—they gave us a bill, which they put to our account at the bank; I don't know whether it was met—this (produced) is a letter from Brown and Ross, introducing Benjamin—I have been to Benjamin's place, and seen Jackson there more than once—this bundle (produced) contains invoices of goods sent to Kahn, and this other of goods sent to Jackson, and this of goods sent to Henderson—we supplied all those goods on the representations of Brown and Ross.
Gross-examined by MR. EDWARD CLARKE. Our firm commenced about Jane, 1879, as S. and J. Carter; that was my brother and I—that continued to the middle of 1881, when my father joined us, and it was then Jeremiah Carter and Sons—I went out of the firm early in August, and then the firm became Jeremiah Carter and Co.—you may take it that I was not concerned in anything between August and the fore part of September—I was out of it a month, and then went back again—it is still Carter and Co.—I don't know anything about liquidation, because our books showed that we could pay 20s. in the pound, and plenty to spare—I said at the police-court that I asked Kahn where the goods had gone, and he said "That is my business, not yours"—I cannot say whether I said "I told him that Jackson said he had had the goods," nor do I remember whether Jackson said so—I told the Magistrate that my mind was so upset by going into liquidation, and losing our money, that I was not many a time my own man—I was not as I ought to have been; I was unnerved, it seems as if memory almost left me entirely—Kahn said that he had not had all of these goods—I do not remember saying at the police-court that I mentioned Jackson's name to Kahn, and said that Jackson told me he had had the goods—I had complete confidence in Brown and Ross up to 18th September, when I got this letter from Leeds—they had been in business some time, and Brown told me that his father had been in the business—I do not know his father—I made inquiries of the Trade Protection Society respecting Jackson and Co. and got an answer "Deal with caution"—I don't know where it is—I am master of myself now; I know what I am talking about—that answer was satisfactory—I have seen Kahn nearly a down times—I saw him before any goods were sent; Brown and Ross took me and introduced me to him at his place—they both said that he was a good man, and they should like to get in with him—they could take a large quantity of goods—that was before any order was given—I went there with Ross for the purpose of getting an order—I can't say whether I got one then—I cannot say whether I had an interview with Kahn after the goods were sent, and before they were delivered to him—I don't remember his saying that unless the terms were satisfactory we could take the goods back
—I won't swear I did not say "Oh no, Mr. Kahn, we expect to do a good business with you"—this is his account in our ledger (For 67l. 6s. 1d. on July 5th, paid July 27th)—I do not remember his ordering a second parcel before those were paid for; the books will show—three weeks before any part of that order was paid I received another order for 110l. and if the book says that a second parcel at 81l. was entirely paid for after that large parcel had been delivered, that is so—I was not in the firm when the 502l. item was supplied in August—I had nothing to do with discounting bills then, but I had before—this letter (produced) is my brother's writing—when I went into the firm again I became aware that a bill for 612l. 5s. 10d. had been accepted by Kahn in favour of the firm—I was never aware till now that my firm had had that acceptance for nearly a month—I did not refer to the books—I have seen the bill before to-day; it was sent to me in London after I got back into the firm, and I took it to Kahn—that was in the latter part of September—I did not notice the date, we had trouble enough at that time—it was in the fore part of September—I told Kahn that I would take bills on condition that the Bank would discount them—my father was with me—I went with my father and said that we had not been able to discount the bill—Kahn did not say that he understood I wished the bill on the firm in which he sent it—there was some conversation after, and he laid that my firm, through the manager of the Joint Stock Bank, wished that it was in two bills instead of one, but I said "Mr. Kahn, you know we have never had any conversation as to the terms of bills, all my arrangements with you have been for cash"—the 612l. bill was not in our possession then, but it was sent on after—after a talk about cash he said "If you will leave it till to-morrow I will try and get you cash, if not I will pay you with two small bills"—I presented two bills to him, and he accepted them—I beard after that he had sent a telegram to Elland with regard to these three bills—after that I again went with my father to Kahn's office, and asked him for cash—he wanted his first bill back before he gave us the two smaller bills—we said we would let him have it, but it has not been returned—I cannot say why—I went with Mr. Porteous and Mr. Rhodes to Kahn's office—I don't know the date—they did not threaten to take out a warrant against Kahn, nor did I hear anything about criminal proceedings—I did not go with my father later on and tell them a meeting was to take place at Martin, Burnell, and Co.'s, and that it was arranged that I was to apply for a warrant against Kahn—I only know Mr. Naylor by seeing him; I don't know that he swore an information at the same time as I did—he was at the Thames Police-court; and what he did I cannot say, as I never liked the look of the man from the time I first saw him—I know nothing of him, or what he swore or did not swear—I have seen him at Martin and Co.'s place several times—I saw him there last Thursday—I suppose they are merchants—I had no conversation with him; my brother sent me from the mill with the two smaller bills, and I gave them to Mr. Miller, a solicitor, who was acting for me then, about September 24th—I did not give them to him for his costs; I did not owe him money—he wanted to see what the bills were, as he was going to see what he could do with regard to getting us some money, but when he had had it a few hours it was taken out of his hands and put into Mr. Porteous's hands, but Mr. Miller kept the bill.
Cross-examined by MR. GRAIN. I gave the bills to Mr. Miller for the purpose of swearing an information at Guildhall against Brown and Rose on 29th September—he was not to see whether he could squeeze any money out of Mr. Ross, sen., or Mr. Brown, or their relatives—I knew that Mr. Ross, sen., was a man of substance in the City, and that Brown's mother had money—I went to Mr. Ross, the father, but I did not say that unless he paid the money I would take criminal proceedings against his son—we tried our best to get the money, and when we found we could not we gave it into Mr. Miller's hands—this letter is my writing: "Sir,—You must be at Mr. Burnell's at 11.30, or there is no more chance for you. Mr. Jackson, Kahn, and Henderson are going to be there"—I don't know whether that was given to Ross or sent to his father's solicitor—some time in 1880 I saw Mr. Ross about his son going into the business—Brown and Ross called on mo in Yorkshire, and asked me whether 1 had any goods for sale in their way, and if they should represent us, and Brown said "Can you give it to us now? we are two young men with our way to make in the world, and we will do straight and honest to you"—our first transaction with Brown and Ross was on January 25th, 1882—this document (produced) looks like my brother's writing, but he will answer for himself. (This was dated Elland, January 6th, 1882, and was an agreement to keep 800l. worth of goods at 180, Aldersgate Street in consideration of being allowed to draw a four months' bill for 700l.) I expect we received this bill for 700l.; it bears my endorsement—we discounted it with the Halifax Joint Stock Bank, and the money was put to our credit—I would rather leave it to my brother to say whether we paid it when it arrived at maturity—I know nothing about it; it will save time if you will let the thing pass till my brother comes—this letter (produced) is my brother's writing—I know nothing of the contents of this other letter—I can't say whether I got a renewal bill and discounted it; I left it with my brother—we supplied the goods; they allowed us to draw on them, and we let them have the goods for security—I did not swear at Guildhall that I kept the books; you can't find my writing in them from beginning to end. (The witness's deposition stated: "I keep the books of our firm.") That is a mistake; I never swore that—I had a solicitor and Counsel to represent me; they asked me questions, but the thing was so muddled I could not tell how the thing was—Ross was before an Alderman at Guildhall Police-court, and the charge was dismissed—a warrant was out against Brown, and I may have given my solicitor instructions to get it—I never saw Mr. Natzler sign anything at the Thames Police-court—the solicitor may have applied there for a warrant or summons against Brown or Boss—I don't know whether Boss came to the police-court voluntarily and surrendered himself; I know he did not come to Guildhall voluntarily—Mr. Mitchell and I met him, and asked him, and he would not open the door, and we threatened to break it open, and when we went the first time a lady said he was not in—this (reduced is my brother's telegram: "To Brown, Ross, and Co., August 9th. Send bill 1,050l. for John Ross and Co. We will return ours by to-night. Wire back certain. Jeremiah Carter and Co.") I have not the least idea what that means, or these other telegrams—Brown told me that they had lost 400l. by Lavine—I did not hear that Lavine had received a number of goods, and had let in a number of Yorkshire manufacturers—it was proposed by Brown that there should be a
subscription of 7 1/2 per cent, on their debts to prosecute Lavine, and I asked Brown and Ross to subscribe our proportion of 7 1/2 pet cent. on our loss, but alter ward a I said we had lost the money, and did not intend to throw good money after bad.
Cross-examined by MR. BESLEY. My firm are subscribers to Stood and Sharp's trade list at Huddersfield—I should think we had had half a dozen reports from them—we made it a practice to communicate with them after June, 1882, when we began business with Brown and Ross—we made an arrangement that not only orders procured through Brown add Ross, but all sold by us in London, should carry a commission of 2 1/2 per dent.—I know nothing about Knight or any London house—this letter of 26th July meant that they could take the 2 1/2 per cent, on the goods we sent to Henderson—I did not inquire through the Trade Protection Society as to Brown's father having been in business 37 years—it was explained that Brown had been in partnership with his father; that the banking account was Brown and Son, and that when Boss came into partnership the account would not be altered in the books—I believe Brown told me the banking account was guaranteed by the widow, Mrs. Brown, to the extent of £600, and soon after he told me that he and his father had conducted an auctioneer's business, and that he did not pretend to know anything about the value of scourings or plaitings—we went to Henderson's—we may have made inquiries as to Henderson's place of business; I can't say when—I do not know that early in August Boss was writing the firm's name as Brown, Boss, and Ob.—I knew nothing about it till I met Brown in Aldersgate Street, and he told me then he had dissolved partnership—the Gazette is of 11th August, with the notice of 2nd August—I met Brown in the lore part of September—before we took Brown with Boss as our agents I had been to his place and slept there, and they treated me very kindly, and I have nothing to say against Brown except that he took me down to Ludgate Hill and showed me the goods there as his own, everything else was perfectly straight.
Cross-examined by MR. GEOGHEGAN. The first lot of things Henderson ordered be paid cash, 35l.—for the second lot he gave me a bill—I don't know when it was dated, or for how long it was—our terms were cash—Beil may have been in custody before that bill was due—there was a little boy at Henderson's place when he said he turned Queen's evidence—I went there alone—I swear Mr. Porteous did not go.
Cross-examined by MR. GRAIN. Drew and Jackson drew an accominotion bill on me in the name of the firm, through Bay, and I accepted it.
Re-examined. Mr. Bay knew we wanted money, and Jackson had promised him and me together that he would pay the money—we went half a dozen times to Jackson's, and he said he could not find the money—Ray suggested to me that we should allow him to draw a bill, and that he (Ray) would discount it if Jackson would not—the bill went to Benjamin's; I went there and asked for the bill, he would not give it me, and I got it back through Jackson—I got no money on it—the prisoners were represented by a solicitor, I don't know if by Counsel, at the Thames Police-court—I was cross-examined.
JOHN CARTER . I am a partner With my brother, and keep the books of the firm—we supplied goods to Brown and Boss amounting to 740l., and received their acceptance at four months for 700l., which became due
about 25th or 26th of May, and then it was renewed by another bill for four months at 700l.—that was dishonoured—Brown and Ross never paid cash for it.
Cross-examined by MR. CLARKE. This letter is in my writing. (This was dated Elland, Aug. 17, to Brown and Ross, saying that the goods had been sent to Mr. Kahn, jun,. and requesting them to see Mr. Kahn with regard to goods amounting to 510l., Aug. 17, and 110l., Aug. 5; to ask him to remit for the other account of July 21, 81l. 11s. 5d., and to procure bill forms for him to drew up and remit.)
Cross-examined by MR. GRAIN. I don't think our firm was pressed for money in January; I can't swear we were not—I believe we were turning out of our mills more than we could sell—we wanted to turn the stock into money—my brother came to London to try and find somebody to work off the stock—I believe my brother arranged that accommodation bill on 26th January, 1882, for 700l.—we had a heavy stock, and were in want of some money—we did not try to raise money in the neighbourhood and fail—we got the acceptance of Brown and Ross for 700l., and discounted it immediately at our bankers, and the amount was placed to our credit—it fell due on 28th May—on 24th May, at Ross's request, we sent up a cheque for 700l. to our bankers to meet the bill—it was presented and dishonored, because there were no funds to meet it—we got another acceptance for 700l. of Brown and Boss in the place of this, and as soon as we got it we discounted it—it took the place of No. 1 at the bank—we had the money to pay off No. 1—that bill has never been paid—we never found any money towards its payment, as we agreed to do, because they held stock of ours for above that amount—we have never paid our bank the 700l., and Brown and Ross, or Ross and Co.'s estate are liable—I know nothing of Ross's bankruptcy affairs—I do not know that the bankers have proved on that bill—we never opened a commission account in our books with Brown and Ross—I do not think we received over 3,000l. through Brown and Ross on which they were entitled to commission—I have pressed Boss to send in his commission account, but he neglected to do it—after Brown left the firm we wished in August to draw an accommodation bill on Boss and Co. for 1,000l., they were to accept it payable at their bank, and when we got it we were to discount it at our bankers—I can't swear I sent this telegram, it is in my writing: "Send bill 1050, as John Ross and Co.; will return yours by to-night; wire certain; come down on receipt to arrange terms"—I sent that because he had said we should draw on his father, as his banking account was not properly established—I understood his father was a sleeping partner in the firm of Brown, Ross, and Co.—I knew his father was trading in London as John Ross—I believed he was a respectable man—the bill was drawn on Mr. Ross, senior, because we knew we could not draw at that time on Ross, junior—we understood Ross, junior, was acting for his father—the telegram meant that he was to sign John Ross—I believe that was suggested by Ross that he should sign for his father—I am not aware that he refused to sign in the name of John Ross, and said he could only sign in the name of Brown, Boss, and Co.
Cross-examined by MR. BESLEY. The drawing name on the 700l. bill is in my writing, not the words "Accepted payable"—it is my signature to the agreement dated January 26th, 1882, undertaking to keep 700l. worth of goods in their custody as guarantee against the accommodation bill—I am the bookkeeper
—I sent an invoice to Brown and Ross whenever I seat them goods to make up the 800l. or 700l. guarantee—we had sent them goods above 500l. in January, about the date of the bill—goods sent afterwards were invoiced to them amply to show how much they had of ours—up to the end of July, when Brown ceased to have any interest in the matter, we had invoiced up about 734l.—on 28th January 161l. worth of goods was supplied to Knight and Co. from the stock of Brown, Ross, and Co.—on 12th April 253l. 14s. 4d. to Knight and Co. from their stock—we received accepted bilk from them and have received cash for every penny—besides that they sent to Knight and Co. from their stock on 19th January 96l. 10s. 3d.; on 7th February, 57l. 1s. 1 1/2 d.; on 18th February, 67l. 6s. 7d.; on 14th April, 6l. 4s.; on 5th April, 70l.; and on 4th April, 120l. 6s. 3d.—all these were paid for, except the two last amounts, for which a bill was given us on April 10th at six months for 177l. odd by Knight and Co.—it was due October 10th; they have not paid it—I do not think they are going on in business—on 14th April there was a small parcel, 6l. 4s.—we had a suspicion about Knight and Co., and did not send more goods—the total goods sent to them would be about 670l.—we had a customer named Burn ell—Brown and Ross sent him a parcel on 6th Juno of 11l. 13s. 4d.—on 17th June Burnell received goods to the amount of 37l. 5s. from our Elland Mills, and 112l. 6s. from Brown, Ross, and Co.—I believe that has not been paid, but that it has been arranged by Mr. Foster, trustee in liquidation—Heath and Young, May 11th, have not paid; I do not know if they have paid the trustee—Hart Harris has paid-we did not direct Brown and Ross, on 22nd or 23rd June, to send goods amounting to 63l. 11s. 2d. to Jackson and Co.; they may have sent them of their own free will—Lavine had paid 234l. 9s. up to the end of July, when we filed our petition—we are creditors for 612l.—after we lost this money we corresponded on the matter, and authorised him to pay 7 1/2 per cent, on our proof at the time he was petitioning on his own to make a fund to prosecute—I heard it mentioned that Brown had lost 400l. to Lavine—I have heard my brother say he went to Mrs. Brown's when he came to London—we kept sending goods to replace the goods delivered by Brown and Ross—I believe the second 700l. acceptance is in the hands of the bank, who proved on our liquidation for it—I have not paid la. in respect of it—it did not fall due till 28th September—we always traded with Ross as Brown, Ross, and Co.—I don't think my brother told me on 1st September that he knew of the dissolution of partnership between Brown and Ross.
By MR. GRAIN. I received this letter after I sent the telegram:—"August 9. Mr. J. Carter and Sons, from Messrs. Brown and Ross. Gentlemen,—It is impossible for me to leave to-night I have to be at Worship Street Police-court to-morrow morning at 10 o'clock about Lavine's affair. Shall leave at 12 o'clock to-morrow night, and be at Elland on Friday morning. I have been away, or should have wired you. Re bill, I can only accept in the name of Brown, Ross, and Co., and as we have only just settled our affairs, we have not arranged with our bank yet You said you would not require our draft for three weeks. We can arrange to let you have a customer's draft for 300l.; if that suits, wire us. You could have 550l. on our draft in addition."
Re-examined. I attended to the books, and never came to London—a good many customers were introduced to us by Brows, Roes, and Co., who
we believed Were people of credit and respectability, carrying on a genuine business as merchants and commission agents; and we believed that Jackson and Co., Henderson, and Kahn were severally carrying on genuine businesses as merchants and traders, and on that footing we dealt with them, and I did not know there was any connection between them till we heard from Leeds—it was never mentioned to us by Brown, Ross, and Co.—payments have been made on the business introduced by them, but we have lost over 2,000l.
ALFRED THOMAS WILLIAMS . I am the son of Mr. Williams, of 28, Conimercial Road, and was present at the interview with Beil, who I knew as Henderson, about letting a house in the Commercial Road at 100l. a year—he gave as a reference Jackson and Co., 28, Commercial Road, four doors from our place—I went there, and Jackson answered favourably and said he thought Henderson could pay the rent, and would trust him up to 250l.—I reported that, and the warehouse was let to him in June last—he remained till about 28th October—no rent was paid, though I called for it several times, and found a little boy in charge—there was no sign of business going on—I saw Henderson once or twice.
Cross-examined by MR. GEOGHEGAN. The boy was sometimes in the warehouse and sometimes in a little room—I did not go into the little room, I only stood at the door—Henderson was still in possession when he was taken in custody.
FREDERICK CHARLES INGHAM . I am one of the firm of John Ingham and Son, woollen manufacturers, Greek Lane, Halifax—about 1st August I received this, enclosing patterns. (Signed E. Kahn, Jun., if they were the makers of these goods. Another letter, dated August 31, ordered 13 pieces of cloth, and gave Mr. Goodwin, of Chatteris, Cambridge, and Mr. Davis, of Strutton Street, as references.) I wrote to Davis asking if Kahn might be trusted to the extent of 200l., and in consequence of his answer supplied goods value 2l. 9s. 8d. and patterns value 2l.18s.—I have not been paid, but I have had the goods returned through the police—we also supplied several parcels of goods to Jackson at Commercial Road value 70l.—he gave us this bill for 70l. 5s. 6d., drawn by Bishopsheim and Co., and accepted by Frederick Cortazi; it was paid to our bankers and dishonoured—we did not know that there was any connection between Jackson and Kahn and Co.—the pattern Kahn sent was our own—we also received orders from Brown and Ross for lining amounting to 16l. which we supplied, and have not been paid—they referred to Carter and Co., and I saw Mr. Carter.
Cross-examined by MR. GILL. We wrote to Goodwin, who said that he had heard a good report of Kahn—when Kahn was taken in custody I believe the credit had not expired—I offered him other goods more than once, which he refused to take—I went to his place after he was in custody, and found our goods there and got them back through the police—they had not been dealt with.
Gross-examined by MR. GRAIN. Jackson referred us to Mr. Senior, a manufacturer at Birstall, near Leeds—I saw him and spoke to him about Jackson, and then supplied the goods on 26th August—the name of the firm was Brown, Ross, and Co.—I asked for references, and received the name of Jeremiah Carter and Co.—I saw them, and then supplied the goods—I know that the affairs of Brown, Ross, and Co. have gone into
liquidation—our good's were on the premises, and ought to be in the possession of the trustee—the first transaction was for cash, but on account of his referring to Carter and Co. and his father being in partnership with him, we let the goods go on the usual terms, one month from the first of the month—it would be due on 1st October.
Re-examined. We received the document from Kahn when we sent the second parcel (Dated Sept. 25, ordering more grey lining.) We supplied two separate lots.
Cross-examined by MR. GEOGHEGAN. The rent was paid—I received a reference to Mr. Rose's firm, and also to Shelling Brothers and to Duncan and Bolton, and I determined to refuse him till I went to Martin and Burneil.
STEAD SENIOR . I am one of the firm of W. G. Senior and Son, Gtnithtas Mil), Birstall—we make blankets and rags—before 26th April we bad supplied goods to Jackson, of Commercial Road, and on that day we received from them in payment this bill for 35l. 7s. 6d., dated 26th April, 1882, drawn by Bishopsheim, and accepted by Gibbs, Anderson, and Co.—it was not honoured, and we have not been paid.
Cross-examined by MR. GRAIN. Mr. Ingham applied to us about the position of Jackson and Co., and we gave him a satisfactory account of their position—we had supplied them with other goods before, and got a bill for 82l. 16s., which was not honoured, but it was ultimately taken up and met.
Re-examined. It was accepted by Bishopsheim—we said that if it was not attended to we should take proceedings to recover the amount, and Bishopsheim paid it.
RAWDEN BIGGS . I am one of the firm of R. Biggs and Co., of Elland, Yorkshire—we have had business with Jackson and Co., and received these letters—we supplied them with goods value 47l., and have not been paid—we received an order from the London and Provincial Bedding Manufactory, 28, Kingsland Road, who turned out afterwards to be Robshaw, a brother of the man who went by the name of Jackson and Co.—we did not supply it—we received this letter of 29th April from Bishopnheim and Co., 42, Lombard Street, and supplied goods to the amount of 15l. 2s. 6d., which were not paid for—we also received an order from Benjamin and Co., of 387, Hackney Road, but did not supply the goods—on 10th August we received this letter from Brown, Ross, and Co: "Gentlemen,—When may we expect sample as promised to our Mr. Row." Ross had been to our mill at Elland, and said that he was a buyer of checks, and had been recommended to us by Jeremiah Garter and Co.—he went with me to where we had some in stock, 10 minutes' walk off, and made a bargain for two pieces, which were to be sent on—they came to about 5l.—he told me that his father was a partner, and had an order for 100 pieces, but before the order was placed his father would have to see the sample—he called again on the Wednesday of Thursday, and asked why the two pieces had not been sent; I said that they would be sent next day—we subsequently supplied goods value 153l., and hare not been paid—I have seen the father—on 27th October we received this letter: "Gentlemen,—
I enclose pattern of collar check, 40 inch. Please say if you make them, and give me quotations and patterns.—D. Kahn., jun, 17, Victoria Street—we had supplied Jackson and Co. with the same stuff—we received Kahn's order, but did not execute it.
Cross-examined by MR. GILL. I believe the order was for 10 pieces—I don't remember that he gave references—I wanted cash before I sent the order, and he refused.
Cross-examined by MR. GRAIN. Our first transaction with Jackson and Co. was about April or May, 1882—they gave Mr. Senior, of Burslem, as a reference; he declined to have anything to do with it, so we applied to the bank and then parted with our goods—the goods were supplied to Brown, Boss, and Co. on a month's credit; all goods sent in before the 20th had to be paid for at the end of the month following—I made a claim for our goods before they filed their petition, and Raw some of them through the window—I don't remember applying to Mr. Southcott for the goods to be returned—I sent a note to the trustee, Mr. Foster, protesting against the sale of our goods, but I do not know whether they were in his possession or not—our mills are the same as Mr. Carter's.
THOMAS HENRY CARE . I am a manufacturer, of 15, Park Place, Leeds—on 16th September I received this letter signed "D. Kahn"—I sent a quotation and received this letter of 19th September (Ordering two pieces of tweed and referring to Jeremiah Carter and Co. and Brown, Ross, and Co.) I had done business with Brown, Boss, and Co. of an unsatisfactory nature, and partly for that reason and partly from inquiries I made about Kahn I refused to send the goods.
Cross-examined by MR. GILL. I did not apply to Carter—I know sufficient without.
Cross-examined by MR. GRAIN. Brown and Ross did not owe me a single penny; they paid us for all the goods they had—the terms were arranged by their agent, and they wrote and said that their agent had no authority to buy for cash; he ought to have bought them on credit, as they only paid cash on what are culled job lines.
GEORGE SKELTON . I am a manufacturer, of 4, May's Road, Birmingham—I received, this letter. (Dated July 19th, from D. Kahn, jun., asking for samples of nails, and referring to Jackson and Co. and Mr. Goodwin). I wrote to those two references and received these replies. (These were both favourable.) I then asked for Birmingham references, and received this letter. (This was from W. Springer, stating that he had known Mr. Kahn for years as a gentleman of strict integrity, and he should have no objection to trust him for 50l.) That was not a Birmingham reference, and I did supply the goods.
Cross-examined by MR. GILL. I do not know who Mr. Springer was.
WILLIAM BALDWIN . I am manager of the Webb Factory, Birmingham—on 16th September, 1882, I received this letter signed "D. Kahn, jun.," asking for samples, and on 18th September this letter referring to Carter and Son, Brown, Boss, and Co., and William Goodwin—I wrote to Mr. Carter and Mr. Goodwin, and did not supply the goods.
Cross-examined by MR. GILL. I believe Mr. Goodwin is a respectable man—I got a satisfactory answer from him, and Mr. Carter said everything that was necessary, that they were good for all that was asked of them.
ALFRED JOHN REYNOLDS . I am one of the firm of Reynolds and Son, Birmingham—I received this letter of 19th July from D. Kahn, jun. (Acknowledging sample of nails, enclosing order, and referring to Jackson and Co., Springer, and to Mr. Goodwin.) I did not apply to those references—I required trade references, and not receiving them I did not supply the goods—I did not know Jackson.
HENRY FREDERICK HUSTED . I am one of the firm of Husted and Co., Newcastle-on-Tyne—prior to November, 1881, I received an order from Mr. Foss, of Milan, who supplied goods to us, and forwarded us this bill among others. (Dated 15th February, for 21l., drawn by Bishoffsheim and accepted by Greg Hillier and Co., of Lower Thames Street.) That was dishonoured—we communicated with Bishopeheim and Co., but the bill was never paid—we tried to communicate with Greg Hillier, and found he was in prison.
HENRY CHARLES BOWEN . I carry on business as Hill, Bowen, and Co., horse clothing manufacturers, of Walsall—in March last I received this letter. (From Jackson and Co., asking for sample rollers.) I afterwards received an order for 100 skin rugs, and supplied goods value 30l.—I have been paid 27l., but have not received the balance—I afterwards got this letter: "May 28, 1882. Please make 19 suite in addition to those sent; the same in every particular. Tours truly, Bishopsheim and Co."—they referred to Jackson and Co.; this is their reply: "In reply to your inquiry respecting Bishopsheim and Co., we forwarded them 60 rugs, which were duly paid for"—I sent one sample suit, which was not paid for—I did not send the 30—I also received an order from E. W. Davis and Co., 5l. Strutton Street, for samples—they referred to Jackson and Co,—I did not supply them.
Cross-examined by MR. GEOGHEGAN. I have a party who acts for me at 37, Lombard Street, and I think he visited the place.
THOMAS ROBERTSON JEUNE . I am manager to Turner and Co., leather-dressers, of Stourbridge—on March 15th I supplied goods to Leroy, Moss, and Co. value 214l.—on 14th March I received an order from P. Koenig, and supplied him with several small parcels, for which he paid on 17th June—I had an order from C. W. Davis, of 5l. Strutton Street, Finsbury, with references from Mr. Kahn and Mr. Benjamin—I applied to them and received these answers. (Stating that Mr. Davis was respectable, and was trustworthy for about 100l.) On the strength of that I supplied the goods—I have received 10l. from Mr. Davis, but it is since this prosecution—early in October Benjamin and Co. ordered goods, giving Jackson and Co. as reference—I received a reply from Jackson and Co., and supplied goods value 154l. 10s. 4d., which were never paid for—he also gave me an order for goods value value about 160l., which I declined to supply—on 27th August I received an order from D. Kahn, jun., and I supplied him with goods amounting to 17l.—he returned one parcel and paid for the other—after that he gave me an order for twelve reps, chamois, and other goods, but I received an anonymous postcard and did not supply them—I then received this letter from Kahn. (Stating that the witness had received an anonymous letter, which accounted for his not executing the order, and that the letter was supposed to be written by F. Natzler.) After that he sent samples back to the value of 6l. 3s. 3d.
Cross-examined by MR. GILL. Kahn owes me no money—he
returned the goods after I had the postcard—Davis gave me a cheque dated December 6th on the City Bank, Shoreditch, which was returned—I have not settled with him since.
WILLIAM GOODWIN . I am a rug manufacturer, at Chatteris, Cambridgeshire—I know a man named Jackson, of 28, Commercial Road—on one occasion when I went there I saw Ross, Jackson introduced him to me; he said that he was a very respectable gentleman in the City, that he had retired and turned the business over to his son; anything I could do for him would be perfectly right and safe—I received this letter from Brown and Ross, and I bought one small parcel of serges of them—on 8th May I received this from Bishoffsheim and Co., ordering 100 serges at cash in 30 days—I made inquiries, and did not execute the order—on 19th July I received this memorandum from Kahn, ordering serges—I made inquiries, and did not execute it—about 22nd August I called on Jackson, and he went with me to Plough Street to see Beil—Jackson introduced him to me as Mr. Henderson—I bought a parcel of jute at 6l. 19s.—I had a small order from him to the value of 8l. which I delivered, and Jackson paid me for them—I did not know Beil as Bishoffsheim—I had every reason to believe Jackson to be a respectable man—I don't think Kahn was ever introduced to me.
Cross-examined by MR. GILL. Kahn does not owe me any money—I gave a reference for him on one occasion—I had a good report of him—I inquired through a Trade Protection Society, and I should have supplied the goods on the faith of that report.
Cross-examined by MR. GRAIN. I have no complaint to make against Brown or Ross—I did owe them a small amount, which I have since paid to the trustee—they never asked to buy any goods from me.
Re-examined. I bought 100l. worth of rugs from Jackson, and paid for them the same day.
JOHN SLEEMAN PARKER . I am a woollen manufacturer of Leeds—I knew a person trading in the name of Jackson—I also knew him him by the name of George Robshaw—I knew that he ruined sundry of my friends three or four years ago—he was convicted of forgery, and a bank published a pamphlet of his character—I heard some time ago that he was getting the upper hand of a serge manufacturer in Yorkshire—I had a conversation with Kahn at his place of business, and after that with Mr. Carter at Leeds, and I came up to London with him.
Cross-examined by MR. GRAIN. Before Robshaw was convicted he had been a manufacturer for many years at Dewsbury and Birstall in a large way of business—I heard that after the expiration of his sentence he started again in hit old line of business.
BENJAMIN FORDHAM (Detective H). On 8th November I had a warrant for Ross's apprehension—he came up to me outside the Thames Police-court when the other prisoners were under remand, and said that he heard there was a warrant for his arrest, and on the advice of his solicitor he surrendered—we went to the police-station—I read the warrant to him—he made no answer—on 9th November I apprehended Brown on a warrant in Crawford Street, Brixton—I read it to him—he said he did not know why they should grant a warrant for his arrest, as he had been in business with Ross for some months, and when Carter came to London he introduced him to the customers and sold the goods himself.
Cross-examined by MR. GRAIN. I heard that Carter had charged Ross
and Brown at the Guildhall Police-court prior to his surrendering, and that the charge had been dismissed—Brown had not been arrested, and I heard that the Alderman had ordered the warrant against him should not be executed—I heard that he was living with his mother at Brixton—I arrested him as he was coming out of her house in the morning.
Cross-examined by MR. GEOGHEGAN. I know a man named Natzler—I believe he swore an information at the police-court against Beil and Kahn—I have not seen him for some weeks—I have seen him since he swore the information; he had an office at 2, New London Street—I don't know that his name was on the door of Bishoffsheim.
FREDERICK ABBERLINE (Police Inspector). At 4.45 on the afternoon of 20th October I apprehended Beil in Lombard Street—I read the warrant to him—he pulled some papers out of his coat pocket and showed them to me, and said, "I have a complete answer to the charge"—on the morning of the 21st I arrested Kahn at 7, Water Lane—I read the warrant to him—he said "Oh, I have been intimidated about this and other matters"—I found at his premises the book produced, with 12 accounts in it—I took possession of a lot of papers, which I handed to Messrs Wontner—I found some memorandums of Jackson's, also an invoice of goods supplied by Jackson to Bishotfsheim and Co.—I searched Bishoffsheim—I found on his person a quantity of papers which I handed over, some bearing the name of Courtaze—on Beil I found a bill drawn by Carter on Mr. B. Henderson, and in the letter box I found this bill for 1500l. by Carter on Bishoffsheim and Co., and a number of other papers.
Cross-examined by MR. CLAWS. I took Kahn at his office, and he asked to be allowed to call at Messrs. Wontner's on the way to the station—I said "Certainly," and he did call there and saw a clerk—he said Mr. Wontner had written a letter respecting a man named Natzler, who he alleged had something to do with it—he said he had consulted Mr. Wontner with regard to Natzler.
Cross-examined by MR. GBOGHEGAN. Fordham was with me when I took Beil and Natzler was outside—it was arranged that he should show us Bishoffsheim's office—Natzler has never been called in this case.
Cross-examined by MR. CLABKE. I found several documents there—I took them to Leman Street Station and sorted them—I fastened some together after the remand, and Mr. Porteous, a solicitor, appeared for the prosecution at first—I don't think there was any one representing the defendants—I marked the papers—I found some, not all.
ST JOHN WONTNER . I am conducting this prosecution as agent for the Treasury on behalf of the Public Prosecutor—I saw Khan once before these proceedings—he called to consult me about Natzler—I was not retained or instructed to defend him on this charge—I was present at this Court when a man named Hiller was convicted—he was one of 12 convicted here of this class of offence.
Cross-examined by MR. EDWARD CLARKE. I have known Natzler by repute for many years—I have been consulted in regard to him by several persons relative to frauds committed by him—he swore a deposition in this case, which I presume was used in regard to a warrant—I was not engaged in the case then.
PHILIP BROWN . I am managing clerk to H. A. Graham, solicitor, Lonsdale Chambers, Chancery Lane—Mr. Graham acted for Kahn in this matter in the first instance on 26th October—I attended at the police-court for the purpose of examining the documents found at Kahn's place; I went over them—these three invoices from Bishoffsheim to Jackson were not produced to me at the Leman Street Station—there were other papers on the table at the police-court as well as those produced to me, and they were said to belong to Beil and other persons.
Evidence for Ross.
JOHN ROSS . I am 52 years of age, and have been 15 years in business for myself—Ross is my son—I sold goods for Carter and Co. amounting to 85l.—I was never their agent—the remainder of the goods which were at my place were sold at a great discount to Cook, Son, and Co.—on 9th August, 1882, I had a banking account at the head office, Princes Street—I told my son that I would introduce him to that banking firm.
MR. GRAIN put in a deed of partnership between Brown and Ross. MR. WILLIAMS stated that he should not press the charge against Brown. Kahn and Ross received good characters.
BROWN— NOT GUILTY .
BEIL— GUILTY .*— Eighteen Months' Hard Labour.
KAHN— GUILTY of conspiracy only. — Twelve Months' Hard Labour.
ROSS— GUILTY of conspiracy only.—Strongly recommended to mercy by the Jury. — Four Months' Hard Labour.
Before Mr. Recorder.
MR. FULTON Prosecuted; MR. RAVEN appeared for Smith.
WILLIAM BANKS . On 16th December, at 9.45 p.m., I was in Barking Road, and Burke said to me, "Good evening, sir; will you take me for a walk"—I said, "Yes, if you like"—we went down Alexander Street—she said, "You go down first, and I will follow"—I went down, and she joined me in two or three minutes—I gave her 9d.—she said, "You go round the corner, there is somebody coming down the street"—I went round the corner, and she walked away—I waited about two minutes by myself, and going back the three male prisoners came up—one paid, "Here we are," and all three knocked me about—one of them got me down by the side of the fence, but not quite on the ground, and another struck me and put his hand into my waistcoat pocket, but finding nothing there he tried to put his hand into my trousers pocket, but could not till he took my belt off, and then he put his hand in and took out.—I called for help, and one of them said, "If you don't keep quiet I will put a knife in you"—I struggled, and one of them, Smith I think, said, "Don't hit him so hard"—I got away, and ran half-way up Alexander Street and went into a shop, and two of the men followed me in and struck me in the shop, and the shopman pounced them out—I saw the faces of the three prisoners in Alexander Street, and I saw Mullaley's and Patten's faces when they struck me in the shop—I have no doubt of
Burke; I saw her 10 minutes after with the three male prisoners in the Northumberland Arms—she was not taken then—I pointed out the three male prisoners in the Northumberland Arms the same night, and they were taken.
Cross-examined by MR. RAVEN. I was sober—I did not know Burke before—it was dark—no doctor saw me, I was not bad enough, but I was kicked about my body and face—there were not more than three men—I did not see their faces at the time, but I saw them when they followed me—I was 200 yards in front of them when they ran after me and followed me into the shop—I saw their faces under the lamp—they said nothing in the shop.
WILLIAM ELLIS . On 16th December, at 10 o'clock, I was in Alexander Street, and Banks ran up calling "Police" and "Murder"—while he spoke to me I saw the three prisoners come up the street—I got into the middle of the road, and Mullaley and Patten struck Banks on the ribs with their fists—a woman came up and said, "Bun into the shop"—he ran in, and Mullaley and Patten ran in and struck him—Smith called to him to come out—Hillier pushed them out, and they challenged him to fight—Burke followed the male prisoners to a piece of waste land in the Barking Road; she then held out her hand and showed them something—they all four remained together five or ten minutes—I followed them to the Northumberland Arms, and told one policeman to keep his eye on them while I got another policeman, and they were secured.
Cross-examined by MR. RAVEN. I don't know Banks or the prisoners—I made a mistake at the police-court, and said that Mullaley and Smith went into the shop, but Smith is the man who told them to come out.
Cross-examined by Burke.I positively swear to you.
ARTHUR HILLIER . I am an india rubber worker—my mother keeps a shop in Alexander Street—on 16th December, about 10 o'clock;, Banks ran into the shop, followed by Patten and Mullaley, and Mullaley struck him on his side with his fist—they remained about two minutes, and I turned them out.
Cross-examined by Mullaley. I swear you were in the shop—I caught you by your throat and put you out, and you said, "Wait till I catch you outside."
MCDONALD (Policeman K 130). The four prisoners were pointed out to me in the Northumberland Arms—I took Mullaley—they all said, "We did not assault you, neither did we rob you"—Smith said that he was not in their company.
Cross-examined by MR. RAVEN. About 30 people were in the Northumberland Arms—Smith said at the station, "Did not I tell them not to assault you?"—Banks said, "Some one said, 'Don't strike him,' but I can't tell which it was"—Jones took Smith.
Cross-examined by MR. RAVEN. I went into the public-house with McDonald—Mullaley said, "We have not got your money; you are not going to charge us"—we had said nothing, but Banks said, "Those are the men who assaulted me."
JOHN SUITON (Policeman K 321). I was called to the Northumberland Arms—on the way to the station Burke said, "You will not charge Mullaley, he was not there, and Smith knows little about it"—Mullaley said at the station, "I gave the prisoner Burke a shilling"—Burke could
hear that, but said nothing, I must have heard her if she had—Banks's face was bruised, and he complained of his back and legs.
The Prisoners' Statements before the Magistrate. Mullaley says: "I am sorry for it; that is all." Smith says: "I have nothing to say; I had nothing to do with it." Patten says: "I had nothing to do with it." Burke says: "I am sorry for what happened; if he will let me go until the trial I will appear."
MULIALEY, PATTEN,and BURKE— GUILTY .
SMITH— NOT GUILTY .
Mullaley was further charged with a previous conviction at Stratford.
ARTHUR LATHAM . I am a warder at Cbelmsford Prison—I produce a certificate. (This certified the conviction of John Mullaley on his own confession of stealing a fiddle, and his sentence to one month's imprisonment.) I knew him as a prisoner there.
MULLALEY—GUILTY.— Fifteen Months' Hard Lalour. PATTEN.— Twelve Months' Hard labour. BURKE.— Six Months' Hard Labour.
Before Robert Malcolm Kerr, Esq.
MR. GEOGHEGAN Prosecuted.
HENRY TYLER . I live at 21, Dorset Street, Plumstead, and am in the service of Mr. Chapman, fancy draper—there are a number of fur caps in his shop I have seen one like this at the Greenwich Police-station (produced)—I saw the prisoner about a fortnight ago in our shop—he came to buy some waste paper cardboard—I did not sell him any—I went up to Mr. Chapman and left the prisoner in the shop—nobody else was there—when I came back the prisoner was there—he left without buying anything.
Cross-examined by the Prisoner. You came in and asked if my master had any waste paper to sell—I went up to ask and you went away.
EDWARD CHAPMAN . I am a fancy draper at Woolwich—Tyler was in my employment—I recognise this cape—I cannot say positively where I last saw it—I missed it on the Monday before Christmas—I was not sure at the time whether it was sold, but I remembered afterwards it was not—the value of it is 16s. 9d
Cross-examined. You might have sold that cape more than a week before Christmas—I missed it the week before Christmas.
SUSAN KEMP . I live in Church Street, Deptford—I know the prisoner only as a customer—I keep a dairy—the prisoner brought me this cape, and told me he bought it cheap at a sale, and I bought it—it was about three weeks ago.
Cross-examined. You said you bought it of a man at a sale, and would let me have it cheap.
The Prisoner's Statement before the Magistrate. Head: "I bought these
articles of a chap. I do not know his name. He told me that he had been to a sale and bought them, and would let me have them cheap."
The Prisoner's Defence. I can assure you that I bought that article of a young chap. If it is stolen or not I cannot say. I innocently bought it. It appears to me I shall get into trouble for it. It is hard lines. The worst of it is I don't know where the chap lives. I imagine he did it on purpose to get me into trouble, I don't know. I have tried to get an honest living, hut everything seems to be against me.
NOT GUILTY .
Before Mr. Common Serjeant.
JAMES MEAKER . I assist the prosecutor at 899, Old Kent Road—about a quarter to 7 on the evening of 3rd January there were some pairs of boots near the door—the prisoner came to the door; she looked at and toughed this pair of boots (produced)—she snatched one and the other fell inside the shop—she picked it up and ran off—my master was out of the shop at the time—I ran alter the woman—under the arches she attempted to strike me with one of the boots—she ran up into the Kent Road Station and into the booking office, and then into the ladies' waiting room—I waited outside till my master came, and then went for a policeman—a policeman came, and I went back to the shop—I did not lose sight of her all the time.
By the JURY I heard her mumble something when she attempted to strike me—I could not catch it.
FREDERICK STALLWORTHY . I am a bootmaker at 389, Old Kent Road—the last witness is my assistant—on this evening the prisoner came into my shop about 4 and asked the prices of several pairs of boots, and walked out without purchasing any—she came in again in about an hour's time and asked the price of a few more pairs of boots; she did not make any purchase, but walked out again—this pair of boots is mine; it was at the door of the shop on that evening—about a quarter to 7, in consequence of something said to me, I ran after the prisoner, and saw her in the ladies' waiting room at the Kent Road Station—I arrested her, sent for a policeman, who came, and charged her with taking the boots—that was just outside the waiting room—she said at first she did not take them—I told the constable they must be in the room somewhere, and I and the constable went into the ladies' waiting room and searched for them—she saw me go near the fireplace, and she instantly snatched the boots away from behind the fireplace and placed them under her clothes between her legs—we got them after a good deal of trouble, because they parted and one of them dropped—the ladies' attendant did not assist us—I gave her into custody—she begged forgiveness afterwards, and said "I was in drink at the time"—I said "I can't forgive you"—she said "Will you forgive me for taking the boots?"—I said "I can't forgive you '—she had been drinking.
evening of 3rd January I was on duty in the Kent Road—the first witness came to me, and in consequence I went to the waiting-room in the Kent Road Railway Station, and saw the prosecutor waiting there—he said he would charge the prisoner with stealing a pair of boots—I said "What have you done with the boots?"—she said "I know nothing of them"—we searched the room, and were about to look at the back of the stove, when the prisoner rushed to the back of the stove and pulled out the boots from there and placed them under her clothes between her legs—I said "Why did you take them?"—she said "I have been drinking"—the prosecutor charged her with stealing the boots—on the way to the station she said "It will be many a bright half-crown in your pocket if you can get the prosecutor to look over it"—these are the boots we got from her when she dropped them in the waiting-room.
Cross-examined by the Prisoner. You spoke about the half-crown several times going to the station—you had been drinking; you could walk straight; you walked part of the way and the rest you went in a tramcar.
By the JURY. I mentioned about the half-crown at the police-court.
By the COURT. I did not speak of her going to the stove at the police-court.
The Prisoner's Statement before the Magistrate. "I can only say I don't remember anything at all about it. I had been drinking all day long with several other women, and when I found the man giving me in charge I did ask him to forgive me as I had some work to go to next Monday. I said 'If I have taken the boots I know nothing about it. I have been drinking, will you forgive me?"
The prisoner, in her defence, stated that she had been drinking all day, and was so ill at the station that the doctor had to fetched; and that she had four young children.
Before Mr. Common Serjeant.
MR. LLOYD Prosecuted.
JAMES WESTAWAY . I am barman at the Prince of Orange, Greenwich—on 15th December, at midnight, Jones and Erixon came in—Jones called for a pint of ale, and gave me a bad shilling—I took the ale away, and said "Have you any more like this?" he said "You can take it out of this," pulling out a handful of coppers, and a shilling fell on the counter—I sent for a constable, and marked both shillings—I went with Wilson, and found Erixon and Hyland walking together—Wilson took them.
Cross-examined by Jones. When you gave me the second shilling you said, "I have another of the same sort, test that"—you dropped it, and I picked it up—you could not get away, the constable came immediately.
saw Jones and Erixon come in—Jones called for a pint of ale, and put down a shilling—Westaway tried it, and said, "Have you any more like it?" be said "I don't know," and pulled out a handful of copper—I don't know whether he put down a shilling, or whether it fell on the counter, but he said "Take it out of that"—I fetched a constable, who came in half a minute, and Jones was taken to the station—on the way there we passed Hyland and Erixon, one of whom said "I thought he would get nabbed"—I watched which way they went, and got another constable and a detective, and they were taken.
Cross-examined by Jones. You could not have got away while I went for the constable.
Cross-examined by Erixon. You did not put down any money, but you said "Let the roan's money alone, I will pay for it."
GEORGE WILSON (Policeman R 155). I was called and took Jones, and received these two shillings—I attempted to search Jones in the bar, but Erixon pushed against me when Jones took a handful of copper and silver out of his pocket—Erixon said "Let the man alone, what are you doing with his money?"—I put the money back in Jones's pocket, and took him to the station—Erixon came out of the house behind us—I afterwards found him and Hyland in High Street, and said I wanted them for being concerned with another man in uttering counterfeit coin; they said nothing—I found on Jones 12s. 10d. in copper and 8s. 6d. in sixpences and threepenny pieces mixed together, and on Erixon a sixpence, a halfpenny, and a token.
Cross-examined by Jones. You did not try to get away—you did not say "I took that money during the day."
JOHN CRAGGS (Policeman Y). I was in New Cross Road, but not on duty—in consequence of what Kemp said to me I took Hyland—he said "What is the matter, governor?" I said "I am going to take you on suspicion of uttering counterfeit coin"—he said "I don't know that man," pointing to Erixon—I found on Hyland 19 bad sixpences, 18 bad shillings, and a bad half-crown, broken, wrapped in paper, but no good money.
WILLIAM JOHN WEBSTER . I am Assistant Inspector of Coin to the Mint—the shilling passed by Jones is bad—the one which fell from his hand is good, but it has been used as a pattern piece from which these 19 bad shillings have been made.
By the JURY. They could not have been made from another genuine shilling of the same date, as it would not be worn exactly as this is, and this has evidently been in plaster—the one Jones tendered is from the same mould as the one tendered by Hyland—these sixpences are all bad.
Jones's Defence. I took these two coins for selling fruit in the street.
Erixon's Defence. I was not with these men, I had walked from London, and Erixon stopped me and asked for a Lucifer; I said I had not one, and walked part of the way with them, and a gentleman said "Have you any money to bail your pal out?" I said "I have not got any pal." I am innocent.
HYLAND— GUILTY .— Eighteen Months' Hard Labour.
JONES— GUILTY .— Fifteen Months' Hard Labour.
ERIXON— NOT GUILTY .
MR. LLOYD offered no evidence.
NOT GUILTY .
Before Mr. Justice Hawkins.
239. OWEN DONEGAN (31), HENRY JONES (21), JAMES FLEMING (21), CHARLES KING (31), and ROBERT STRUTTON (22) , Robbery with violence on Frederick John Morse, and stealing a gold watch and chain, value 30l., his property.
MR. POLAND Prosecuted; MR. THORNE COLE appeared for Jones; and MESSRS. KEITH FRITH and WOODGATE for King and Strutton.
FREDERICK JOHN' MORSE . I am a farmer at Field Farm, Colemore, Hampshire—on the evening of 7th December I went to Waterloo Station between 6 and 7—I was too soon for the train, and went into the Olive Branch public-house near in the Waterloo Road—I called for some ale—I saw a girl there, I don't know her name; I saw her before the Magistrate—I talked to her, and I believe I treated her to some drink—I was sober—I was in the public-house nearly an hour, I suppose—I saw Donegan, Jones, and Fleming there, I believe—I don't think I saw either of the other two—I had my gold watch and albert chain safe at this time—I left the public-house, and was walking along towards Waterloo Station, when I was surrounded by these five men—Donegan took me by the throat, and pushed my head back, the other two took me one by each arm and took my watch and gold pin from my scarf and a part of my chain—I was standing up—I can't say which of them held my arms—I recognise all the prisoners as surrounding me—I commenced to halloa "Police," and they said "Shut up, you b, or else we will kill you dead"—they all five ran away together, and I followed them some little way—I did not catch them—I saw a constable in uniform, to whom I gave information—I saw no more of the prisoners at that time—I took a cab, and went to Kennington Road Police-station, where I found Donegan, Jones, and Fleming in custody—this was about 20 minutes after the attack—I recognised them I was told to wait—I went out for a few minutes, and when I came back King and Strutton were brought in in custody—I recognised the five as the five that attacked me in the Waterloo Road—this (produced) is the watch and a part of the chain; the chain was broken with a jerk, and this portion left on my waistcoat—the value is about 20l.—I never pair any of the men before, nor the girl at the public-house.
Cross-examined by MR. COLE. This was the Cattle Show time—I had been to the Cattle Show the day before—I stayed in London three days altogether—this was on the second day—I had come to Waterloo from Chelsea—I had been at a friend's, and left there some time after 4 o'clock—I arrived at Waterloo Station something after 5 o'clock, and was told that the next train was at 7.5 p.m., and I went to the Olive Branch to pass the time away—I don't know that I had been in any other public-house—I had had a glass of stout at the refreshment bar at Waterloo Station—there was no one in my company at the Olive Branch—I saw a farmer from Basingstoke, and I believe we had a glass together—he left before me a considerable time—I think I left about 6.45 to go to the station—I can't say the exact spot whore the men surrounded me; it was not very quickly done—I called out "Police!" as well as my wind-pipe would let me after they were strangling me—all the persons except the
farmer in the Olive Branch were strangers to me—I had no spirits—the men threw me on the ground after it was all over—I jumped up instantly—I believe the men all ran the same way, but I could not say; I was excited from the way they served me—they punched me in the ribs and threatened to kill me if I was not quiet—I ran after them—I saw a policeman at the corner of the street, and I got into a cab and went to the station—I saw the three men there in the little railed dock—there were several policemen there—one of the officers said "Can you recognise any man?" and I said "Yes, there are three of them in the bar"—I did not stamp my umbrella on the ground and say "I'm d—d if I can tell," nor any words to that effect.
Cross-examined by Fleming. I can't say exactly what time I went into the public-house; I should think between 5 and 6 o'clock—I might have stopped there an hour or more—I went in by myself—I was talking to the flower girl—I believe I saw you there—I went out by myself, and took the way to Waterloo Station—no one came to help me when I was attacked, not till after you had run away—I recognise you perfectly well—I was quite sober—you held my arm—each of you had hold of me and threw me down—I should think I was not more than 150 or 200 yards from the public-house when I was robbed—I can't say where I met the constable; I don't know the names of those parts—i told him I had been robbed, and he said the best thing I could do was to get a cab and go to the Kennington Road, which I immediately did.
Cross-examined by MR. FRITH. I was very roughly treated—the first was they grasped my throat, then my-arms were held down from behind—they felt in my trousers' pockets—I had some money in my coat Pockets—I could see their faces—I can't say that I noticed King and Strutton in the public-house—I particularly noticed them—I don't know that they were placed with others—they were placed in a line—I stood and looked at them, and said "You are the five men that robbed me"—there might have been another one or two placed with them.
Re-examined. When I commenced halloaing they said "Now then, you be quiet, or we will kill you," and they all commenced punching me in the ribs—I could scarcely stand up, and my throat was very bad for a week or 10 days after.
ANNIE GRIFFIN . I am single, and live with my aunt at 2, Grove Place James Street, Lower Marsh, Lambeth—I sell flowers—on the evening of 7th December I was with my aunt, Margaret Collins, at the Olive Branch at the corner of the Waterloo Road and the Lower Marsh, on the right-hand side going down the Waterloo Road, the same side as the station, and about twenty yards from it—the prosecutor with another gentleman came in the bar where I and my aunt were; he spoke to me and treated me to some drink—he was in there for about three-quarters of an hour or an hour—Donegan was in the other bar, and after the prosecutor had been there for about twenty minutes he came from the other bar and sat beside the gentlemen—I was drinking with Fleming; he said he could not go to his work as he did not feel well—there were a lot of people in the the prosecutor go out, and I and my aunt went out with the notion of going home—I told the prosecutor outside to take a cab—I saw Donegan going round Oakley Street and down Thomas Street with a
handkerchief over his head—he was quite close to the prosecutor and had hold of his arm—I saw several men following them out of the Olive Branch; I don't know them; I saw none of them with the gentleman—I did not see which way they went—I and my aunt went home, and saw nothing else—it was about 8 or half-past 8 when we left the public-house—I heard the same night that this had happened.
Cross-examined by Fleming. You told me you were going to Sanger's, that you had an order—the prosecutor did not seem to know what he was doing—he was the worse for liquor.
MARGARET COLLINS . I am a widow and live with my niece—I was with her at the Olive Branch on 7th December—I saw Mr. Morse treat my niece—I saw Donegan with a handkerchief on his head; Jones and Fleming were in the public-house—Fleming drank with my niece—when I left the public-house with my niece Fleming held the umbrella over me in the rain—he said "Hold this umbrella," and I took it from his hand, and I missed him—I and my niece walked farther on towards home—I had never seen him before that evening—the prosecutor walked out by himself, and then the parties followed—it must have been between 6 and 7 when we left the public-house—I had been in something less than twenty minutes or three-quarters of an hour.
Cross-examined by MR. COLE. It is a large public-house—there are several bars—the prosecutor was in our company about twenty minutes or more—I did not see him drinking with anybody—I did not see a farmer there that he was drinking with—the prosecutor was a stranger to me—I did not see Jones again till I saw him at the station between 7 and 8—my niece was taken in charge by the police, and I went there to speak to what I saw, and I saw Donegan in the dock with two others.
Cross-examined by Fleming. You went into the public-house with my niece—a man came in who represented himself as a soldier, a friend of the prosecutor; I left him in the public-house—the prosecutor was not to say sober nor yet drunk; he was capable of taking care of himself—it must have been seven when I left—the prosecutor went out by himself, and the others passed out after him—you left me with the umbrella all, of a sudden—I did not hear of the robbery till after I had been home.
FRANCIS BOSWELL (Detective L). At a quarter to 8 on the evening of the 7th December I was on duty in plain clothes in Whiting Street, Waterloo Road, talking to Detective Jarvis about twenty yards from Waterloo Road—I saw the five prisoners running past me from the direction of Thomas Street, which runs parallel with the Waterloo Road—Donegan had a white handkerchief tied over the upper part of his features—as they passed Donegan said "I have got the b—f—lot; follow me"—he was second; Jones was in front—I followed them through Apollo Buildings, across several small streets into the Westminster Bridge Road, and into the Peacock Road—I and James entered by a back door; I knocked at the door of the top room; I heard one of them say "He is a d—fool; I only just done the f—copper"—they were in the top room about ten minutes, and then all five came out; there was a woman there as well—I stood and watched them as they came out; James was with me—they went into the street—I and James followed them, James by one door and I by the other—they came to a corner of a street, and stood there a short time and came back—when they reached Francis
Street Strutton and King remained behind, and then Strutton followed the other three across the road—I followed them till I met a constable in uniform; I then went across the road and stopped following Jones and Donegan—King and Strutton ran across the road—I said to Donegan "What is all this running about?"—he said "This man," pointing to Jones," has just given me a slap in the face; I have had enough of his nonsense; we are just having a few words about it"—James asked him when it occurred—he pointed somewhere down the road—James said "I heard you mention something else in Whiting Street about the f—lot"—no sooner did he mention those words than Fleming started off at full speed pursued by James—I took hold of Donegan and the constable in uniform took hold of Jones—Donegan put his foot behind me and struck me in the chest and knocked me down, and said "You b—s—, you shan't take me"—we rolled over in the mud several times till further assistance came—he was taken to the station, where I searched him, and found this gold watch and a portion of the chain in his left-hand trousers pocket—when I took it from him he struck at me, and said "That is my property; I can prove it; my uncle who went to America this morning gave it to me this morning"—ten minutes after the prosecutor drove up in a cab with the remaining portion of the watch-chain hanging from his waistcoat—he identified the watch—Jones was brought in with Donegan and Fleming was brought in about three or four minutes afterwards, and I am certain these are the five men I have spoken of—the charge was made—Donegan said "I hit him because he first caught hold of me," meaning me.
Cross-examined by MR. COLE. The place where the prosecutor was robbed is between half a mile and a mile from the Peacock.
Cross-examined by MR. WOODGATE. My attention was attracted by the men running fast—I took particular notice of them.
THOMAS JAMES (Detective L). On the evening of 7th December I was in plain clothes in Whiting Street—I heard footsteps running towards me along Thomas Street—I saw the five prisoners come from Thomas Street—I noticed Donegan—they all had their hats on—Donegan had a handkerchief tied over his head—I ran across Whiting Street—I heard him say "I have the b—f—lot; follow me"—I and Boswell followed them to the Peacock—they went in, and we followed them in by another door—they were all five in a top room—after some little time they left the house, and I and Boswell followed them—Donegan, Jones, and Fleming passed down Westminster Road—King and Strutton stopped at the corner of a street—we met a constable in uniform—I ran across in front of Donegan, Jones, and Fleming—Donegan was in the middle, Jones on Donegan's right, and Fleming on his left—I put my hands on the two outside ones, and said "Wait a minute; I want to speak to you three, please, a minute. What is all this running about?"—Donegan said "This man," pointing to Jones," has given me a slap in the chops for nothing; it is not the first time. I have had enough of his nonsense, and we were having a few words about it"—Jones said "It's all right now, governor"—I said "We must take you to the station as suspected persons"—Boswell took Donegan and Jones—I said to Donegan "Where did this take place?" when he referred to the assault—he said "Oh, just up here in Westminster Bridge Road, under the arch"—I said "I mean about half an hour ago, when you were in Whiting Street with the handkerchief round your head, and said 'I have got the b—f—lot; follow me"—he was confused and gave me no
answer—Fleming dashed off as fast as he could run—I followed him, but did not see him stopped—he went into St. Mark's Terrace, where Waldock took him—I afterwards saw all the five at the station.
Cross-examined by Fleming. It was about 7.45 or 7.40 when I saw the five men—I followed you about 250 yards by a crooked route—I heard you talking in the public-house, but could not hear what was said.
Cross-examined by MR. WOODGATE. I observed them carefully as they ran past—Jones was in front, Donegan next; the others wore all of a bunch—they were all strangers to me.
GEORGE WALDOCK (Police Sergeant L). About 8 o'clock on 7th December I was with Nelson in George Street, Westminster Bridge Road—I saw Strutton and King there—I knew them by sight—I followed them as far as Astley's—I then saw Jones and Fleming run towards me—I heard a cry of "Stop thief!"—I tried to stop Fleming; he pushed by me and nearly pushed me down, and ran on—I followed and caught him—I said "I am a police officer, and am going to arrest you"—he said "What for? You will find nothing on me"—he had no hat on—he said "Let me pick up my hat; I have lost ray hat"—I said "If you had done nothing wrong you might have picked it up yourself; I shall take you to the station"—he said "You had better go and look after the others; you will find nothing crooked on me"—I took him to the station; there was nothing on him—I found Jones and Donegan already in custody, and the prosecutor was also there—Fleming said to the prosecutor "I was at the public-house with a young woman when you were there. I have got nothing of yours"—he refused his address—he said "If you had been alone a b—pig like you would not have taken me"—he was sober.
WILLIAM GEORGE (Policeman LR 16). On the evening of 7th December, about 8.15, Boswell called me and pointed out three men at the top of Westminster Bridge Road—I took Jones in custody—I told him it was for being concerned with others—he said "You have made a mistake. I have just left home. I live in the Pollards"—he was taken to the station at the same time as Donegan—he said to Donegan "You don't know me and I don't know you"—Donegan made no reply—at the station he said "I am a carman; I work for Chamberlain, in Belvedere Road. I had just left off work. Seeing a row, I crossed the road, and was taken in custody."
JOSEPH HOLSON (Police Sergeant L). I was with Waldock and another officer in Westminster Bridge Road, and saw Strutton and King—I followed them as far us Astley's, and lost sight of them—I saw them crow the road—I heard shouts of "Stop thief!" and saw Fleming running—I gave chase, and saw him taken—about 9.30 that evening I went to the Raglan Music Hall, Union Street, Borough, with George, and there found King and Strutton—I took Strutton—I said "We are going to take you and your companion for being concerned with three men now at the station in robbing a gentleman in or near the Waterloo Road, and stealing a watch and chain. You will have to go to the station; you may as well go quietly"—Strutton said "I will go with you, but I know nothing about it"—I said "I saw you both in Westminster Bridge Road at 8 o'clock, and followed you just as you passed the entrance to Astley's Theatre; when the other men were taken in custody you ran across the road"—he said "I was in Westminster Bridge Road. I did not run away; that was my way to the Salmon in the Cut"—I said "You were going a long way round, as
you did not go into the Cut, but up Westminster Bridge Road nearly to the foot of the bridge"—he said "Oh, you are a nice lot of people this side of the water. Several men hare been put away innocently, and I suppose we shall be."
HENRY GEORGE (Police Sergeant L). I was with Helson and saw Strutton and King—later in the evening I went to the Raglan Music Hall and took King in custody—I told him the charge—he said "I know nothing about it; I have been three hours at a benefit"—I said "I saw you in Westminster Bridge Rood at 8"—he said "You are a liar."
GUILTY. DONEGAN, FLEMING, JONES, and STRUTTON PLEADED GUILTY to previous convictions. DONEGAN**— Ten Years' Penal Servitude. JONES**— Eight Years' Penal Servitude. FLEMING*— Five Years' Penal Servitude. KING and STRUTTON— Seven Years' Penal Servitude each.
GUILTY of the attempt. — Eighteen Months' Hard Labour.
Before Mr. Common Serjeant
MR. PURCELL Prosecuted; MR. BLACKWELL Defended.
EDWARD CLARENCE SMITH . I am a cook—on the night of 22nd December I was coming out of Waterloo Station with a woman—we went into a public-house, but the barman would not serve us—we were not drunk—we went to the corner of the Cut and had a glass of beer—I then went by myself—two or three girls came up, and Handran snatched my chain from my waistcoat and my pin from my scarf and struck me under my chin, saying "Where are you coming to?"—I had no watch; it was a gilt metal chain—they ran away—a little girl spoke to me, and I went with her and a policeman to the Olive Branch public-house—I saw the prisoners there, and gave them into custody—I said I could not positively wear to them, but the girl said "Yes, they are the two"—I had a better view of them at the police-court, as it was tolerably light, and identified them—the blow hurt me.
Cross-examined. I had spent the evening with my father, and had had a glass of beer—I saw the prisoners better in the police-court, and could almost swear they were the two—the public-house was well lighted—this happened at 20 minutes to 12—I am sure it was not earlier.
ANNIE DOUWORTH . I live with my mother at 2, Grove Place, Lower March—I saw the prosecutor at the Olive Branch; two girls followed him down the court—the two prisoners were at the end of Oakley Street, and Bergin said to Handran "Hold on or they will see us"—they went down the court, where some women were hustling Smith, and Handran ran and snatched his chain and ran through the passage, and Bergin knocked
Smith's chin up and took his pin and ran through the passage—I returned to the Olive Branch and fetched a copper—I went into the private compartment to get my beer, and saw the two prisoners; Bergin was reading a paper and Handran was sitting down—I am sure they are the thieves; I had a good opportunity of seeing them, and I had seen them before—I told the policeman, and Handran said "Don't say it was me, or I am sure to pay you."
Cross-examined. It was a wet night, and dark; it was late—I was close to them in Oakley Street—I walked by them three times—I lost sight of them in the passage.
DANIEL GOULDEN (Policeman L 29). On 22nd December Douworth spoke to me, and pointed out the prisoners going down Oakley Street towards the Olive Branch—I went into the Olive Branch after the girl had been in and told me they were there—she pointed them out—Bergin said "I have been here with my wife since 10.30"—Handran said "I have been with him"—another constable said that he had seen them outside 10 minutes before—they said they were only after coining in at the private bar.
MICHAEL DART (Policeman L 138). At 11.45 on this evening the prisoners passed me, one in the Lower Marsh, and one in Waterloo Road—I knew them by sight—they could not have been in a public-house since 10.30—I went after them—they went down the road—later in the evening another constable spoke to me, and we went to the Olive Branch, and Douworth pointed out Bergin, and said "That is the man who stole the pin, and the little one took the chain"—Bergin said "I have been here all the evening; "I said "It is not 10 minutes ago since you passed me outside"—I took Handran.
Cross-examined. There are about 16 lamps in front of the Olive Branch—Bergin said that he went into the private bar; I said "No you did not, you went past"
GUILTY of robbery without violence. They were further charged with previous convictions, Bergin at Clerkenwell in January, 1882, and Handran at Lambeth in January, 1882, to which they both
PLEADED GUILTY.—BERGIN**†— Eighteen Months' Hard Labour. HANDRAN*†— Fifteen Months' Hard Labour.
Before Mr. Common Serjeant.,
WILLIAM GARNHAM . I am a conductor for the London Tramway Conpany, No. 2381—the prisoner got on the tram at the Obelisk—he gave me a threepenny piece for his fare—I said "How far are you going?" he said "Only a little way up the road"—I gave him a penny ticket and 2d. change—I put the threepenny piece in my bag—he glanced at me to see if I was noticing him when he got off at Draper Street, and then went across to the path and turned into a back way and put something down on piece of paper, apparently the number of the car—that made me take notice of him—I gave in my bag to the cashier, Miss Reeves, for the half journey—it contained three sixpences and 2s. worth of coppers—that was the only
threepenny piece—Miss Reeves handed it me back—I put it in my teeth, broke it, and threw it away.
Cross-examined by MR. FRITH. The threepenny piece was new—another conductor was at the police-court—the prisoner had an overcoat and a round hat—I said before the Magistrate he had a light coat and a round hat—it was a black hat—his coat wan buttoned—he had no overcoat—he was identified from about a dozen persons of about the same height and age—I do not recollect a boy 14 years of age being among them—I do not remember what I said to the cashier—I may have said "I think I know who I took it from"—complaints have been made of conductors taking bad money, and I have taken some before—we are not liable to be discharged for taking bad money, but it is stopped out of our wages.
JAMES SHEE . I am a tram conductor, No. 5145, plying between Blackfriars and New Cross—on the night of 27th November the prisoner got on the tram a little way past Camberwell Gate—he sat on the near side—he tendered me a shilling, and I gave him a sixpence and five pennies change—the shilling felt rather leadified—I broke it in two with my teeth—I went down behind through the car, and stopped the driver—when I went up again the prisoner was on the off side at the rear end—as I looked round he had gone down the staircase—I followed him—I said "I have given you too much change;" he said "No, you have not," pulling out the change—I said "You are quite aware you have given me a bad shilling?" he said "Oh, have I? I am very sorry," and he pulled out a good shilling, and offered it to me—I said "Wait a minute, no doubt you have got more of those coins on you"—I had hold of the collar of his coat—he broke away from me, jumped off the car, and ran towards the Elephant and Castle Station—it was near Draper Street—I caught him in Short Street—a constable came, and I gave him into custody—I gave the constable the shilling.
Cross-examined. I was afraid if I told him at once he would rush off the car—by leadified I mean it felt smooth.
JAMES CASTLE . I am a brass finisher, of Bun Hill Road, Camberwell—on 27th November, just before 7 p.m., I was an outside passenger on Shee's car, sitting on the right-hand side looking towards the horses and next to the prisoner, who was on my right—I saw him tender the shilling and receive his ticket and change—the conductor put it in his mouth and seemed to break it, but it was broken—he then took my fare and went downstairs—the prisoner then got up, passed me, looked over towards the driver, came back to his seat, then walked past me round the front and sat on the other side nearest the steps.
CHARLES CALGAN (Policeman 232). On 27th November I received the prisoner at Short Street—I searched him—I found three good shillings, two sixpences, and five pennies—he said "I am very sorry"—he made no reply when charged—he was sober—he gave a correct address—I produce the shilling.
Cross-examined. I said "You will be taken to the station and charged with attempting to pass bad coin."
ALICE REEVES . I am cashier to the London Tramways Company, at Queen's Road, Peckham—I received Garnham's bag about 4.15 p.m.—I found the two-shilling piece, some shillings and coppers, and the threepenny piece—I tried it with my teeth—we have a tester.
Cross-examined. The conductor did not give mo a description of the man.
Re-examined. He said he would know him again—he remembered him.
Cross-examined. A good coin will bend together without breaking, when a bad one will crack—bad coins are cast in a mould, good ones are struck in a die—they sometimes break in the die.
Witnesses for the Defence.
MARIA DIXON . I am a widow, of 25, Zoar Street, Southward—on Saturday, 25th November, I went to the prisoner's house at 7, Essex Street—I saw him there—it was 20 minutes to 4 by the clock, which was facing the door—that is about ten minutes' walk from the Walworth Road—I went to take a parcel Mrs. Calloway had lent me to pledge—the prisoner was asleep by the fire—he had his hand to his head—I have only known him a few months—I never saw him in a light coat.
Cross-examined. The prisoner is a dealer in old clothes—Mrs. Calloway told me he had been charged with passing a bad threepenny bit—she did not tell me the time.
ELIZABETH CALLOWAY . I live at 7, Essex Street, Southwark—I am the wife of John Calloway—the prisoner is my nephew—he lives with me—on Saturday, 25th November, he came home at 2.30 p.m. a little worse for liquor—he remained till after 5 o'clock—Mrs. Dixon came about 3.40—the prisoner was asleep—he never wore a light overcoat.
Cross-examined. The prisoner deals in clothes—he told me about passing the bad threepenny piece—he does not drink; that was why I was surprised at his coming home the worse for liquor—I was cleaning my place and having my tea that afternoon—I have only one room—the prisoner was only about a quarter of an hour absent when he went downstairs to wash.
FRANCIS HOLNES . I am manager to Mr. Butterfield, pawnbroker, 96, Park Street, Southwark—I have examined our books and find a parcel pledged for 4s. in the name of Mrs. Dixon was redeemed on 25th November.
GUILTY .** He also PLEADED GUILTY to a conviction of felony at this Court in June, 1875.— Six Years' Penal Servitude.
245. GEORGE WILLIAMS** (20) PLEADED GUILTY to breaking and entering the dwelling-house of Alfred Midwinter, and stealing two coats, a cornet-stand, and other goods, his goods, having been convicted of felony at this Court in December, 1880, in the name of Edward Phillips .— Five Years' Penal Servitude.
MR. NORTH Prosecuted; MR. PURCELL Defended.
The evidence is unfit for publication.
NOT GUILTY .
[Omitted from the Second Session.]
MR. LLOYD Prosecuted.
prisoner with a glass of ale—he gave me this shilling—I felt it was a bad one—I gave it to Mander, the manager—I told the prisoner it was bad—he paid me with a good 6d., and I gave him 4 1/2 d. change—he said he did not know it was bad.
ADA COOLING . I am a barmaid at the Railway Tavern—about 8.30 on 25th November I served the prisoner with a quartern of rum—he tendered a shilling—I gave him 9 1/2 d. change—I put the shilling in the till—I was present when he was taken into custody—I said "I have served you before, and you gave me a shilling in payment"—he said "Yes"—I saw these two bad shillings taken out of the till by the manager, about 8.30 or 9 p.m., soon after the prisoner had tendered me the shilling.
Cross-examined by the Prisoner. I remembered you—you also came in the day before, on Friday.
ANNIE MAY . I am a barmaid at the Railway Tavern—about 8.30 on 25th November I served the prisoner with a glass of ale—he tendered this shilling in payment—I gave him 10 1/2 d. change—I put the shilling in the till—I noticed it was bad, and showed it to one of the young ladies—she is not here.
Cross-examined by the Prisoner. I have said "This shilling is very much like it"—I thought it was bad.
THOMAS MANDER . I am manager of the Railway Tavern—on 25th November, about 9 o'clock, I found two bad shillings in one of the tills—in consequence of that I cautioned the barmaids—about 9.30 Benson showed me this counterfeit shilling—I gave the prisoner into custody—I told him I should give him into custody for uttering a counterfeit shilling—he said "I did not know it was bad," and he said "I have been in here twice before this evening."
GEORGE WEST (City Policeman 151). About 9.30 on 25th November I took the prisoner into custody in the Railway Tavern—I said "I shall take you into custody for uttering a counterfeit shilling"—Cooling said "I have served him before myself"—the prisoner then said "I have been here twice before, and I have changed two shillings; I did not notice one was bad, the other two were good"—I took him to the station—I asked him what he had done with the change—he hesitated, and then said, "I get a penny how I can"—I found 5d. bronze on him.
The Prisoner's Defence. I did not know about that shilling being bad; the other two I know nothing about—I tried the sixpence in my teeth so as not to commit myself a second time—if I had been guilty I had plenty of time to escape.
GUILTY .— Six Months' Hard Labour.
Before Mr. Recorder.
248. WILLIAM HOWARD (17) and JOSEPH JAMES WILSON (18) , Burglary in the dwelling-house of Henry Langley, and stealing 70 cigars, two pounds of tobacco, and 100 paper books, his property, to which HOWARD PLEADED GUILTY .
MR. H. GIFFARD Prosecuted.
HENRY LANGLEY . I am a tobacconist of Thomas Street, Kennington—on 14th December I went to bed at 12.15, leaving the shutters and door secure—I sleep upstairs—I came down between 8.30 and 8.45 and found the shutters partly open and my stock all gone, except a few
penny cigars—I missed 70 or 80 cigars, and all my tobacco and cigarettes—I know the prisoners by sight, and for a reason I had I gave Howard in custody—I saw these two cigars found on him, one of which has a quantity of bird's-eye marks on it which are not generally on cigars.
GEORGE LUFF (Policeman). On the evening of December 15th I took Howard at the Waggon and Horses, Thomas Street, Kennington—I told him the charge—he denied it, but afterwards told the prosecutor that if he would allow him to go to the shop he would pay him for all the cigars and tobacco he had taken—I refused that—I found these two cigars and some tobacco on him—he said a young man gave them to him.
JAMES MONK (Policeman PR 1). I searched Mr. Langley's premises; the outer shutter had been opened, the window had been prised, the shop was in confusion, and tobacco boxes were lying on the floor, and the contents gone—I was present at the station when Howard was brought—he made a statement—I wrote it down and he signed it—I went to Wilson's house next morning and told him the charge, and that Howard, who was in custody, had made a statement incriminating him—on the way to the station he said "I saw Howard get through the window; I only waited outside for the copper" which means policeman—I then read Howard's statement, pointed to Wilson, and asked him if that was the man he referred to—he said "Yes"—Wilson said nothing.
WILSON received a good character.— GUILTY .— Six Months' Hard Labour.
HOWARD.— Twelve Months' Hard Labour.
ADJOURNED TO MONDAY, JANUARY 29TH, 1883.