CENTRAL CRIMINAL COURT
FOURTH SESSION, HELD JANUARY 29TH, 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
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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 29th, 1883, and following days,
Including cases committed to this Court under order in Council pursuant to the Winter Assize Act of 1879.
BEFORE THE RIGHT HON. HENRY EDMUND KNIGHT , Esq., LORD MAYOR of the City of London; The Hon. Sir HENRY CHARLES LOPES , Knt., one of the Justices of the High Court of Justice; WILLIAM LAWRENCE , Esq., M.P., WILLIAM JAMES RICHMOND COTTON , Esq., and Sir FRANCIS WYATT TRUSCOTT, Knt., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Recorder of the said City; SIMEON CHARLES HADLEY , Esq., JOHN STAPLES , Esq., REGINALD HANSON , Esq., and JAMES WHITEHEAD , Esq., other of the Aldermen the said City; Sir 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. FOURTH 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 29th, 1883.
Before Mr. Recorder.
MESSRS. CRAUFURD and LLOYD Prosecuted.
EDWARD ORMISTON . I keep the brewery tap in George Street, Chelsea—on the evening of 22nd December last, about a quarter past 8 o'clock, the prisoner and a female named Cross came to the bar—the prisoner called for a pint of ale and paid for it with a good florin, and I gave him change—my wife was serving in the bar—she left it between 9 and 10 o'clock—she came back between 10 and 11 o'clock—I saw her serve the prisoner—about a quarter past 11 o'clock she brought me two half-crowns—I examined them, and found they were bad—I then took everything out of the till except coppers, and she put the coins in her pocket—the prisoner tried to make on, he went outside—I went and brought him back—I told him he had given my wife two bad half-crowns, if he replaced them with good money I would let him go—he said "I will give you 5s. for them," and he gave me five good shillings and I gave him the bad ones back—the woman was not with him then, she had run away—he went out—after he had gone my wife searched her pocket and found another bad florin and a bad half-crown—these produced are them—in consequence of that I went after the prisoner—the policeman had hold of him—he was brought back in custody—he and the woman had been in the house all the evening, from a quarter past 8 till about 12 o'clock.
Cross-examined by the Prisoner. I was in the bar when you came in—you gave me the two-shilling piece for a pint of ale—you did not give me a sixpence—you did not utter anything bad to me—when my wife gave me the two half-crowns I said I had had enough trouble with police-courts lately, and I did not want to be troubled any more.
there—the prisoner called for a pint of six ale—he gave the money to Mr. Ormiston, I did not see what it was—I served the female several times before I went upstairs—once she gave me a two-shilling piece, but I was busy and did not pay attention to what other money she gave me—I put the two-shilling piece in the till—I went upstairs about 9 o'clock, I was away fully an hour—when I came back I served the prisoner with a pint of ale—he gave me a half-crown, which I put in the till—previous to that my husband had cleared the till, and I put all the money in my pocket—there was nothing then in the till except copper—soon afterwards the prisoner called for another pint of ale, and gave me another half-crown—I thought it rather strange he should give me another half-crown, and I examined the one in the till, and they were exactly the same—I showed the two to my husband, and the prisoner gave 5s. in place of them and went away—after that I emptied my pocket in my husband's presence, and I found another bad half-crown and two-shilling piece among it—in consequence of that my husband went after the prisoner, and he was brought back by two policemen.
JAMES SULLIVAN (Policeman B 371). About 12.15 on the morning of the 23rd I was outside the brewery tap—Mr. Ormiston spoke to me—in consequence of a communication I received I went to the Snow Shoes public-house, which is about 200 yards from the brewery tap—I found the prisoner there, and the woman Cross along with him—I had not seen him before—I told him he was wanted at the brewery tap—he said "What am I wanted there for?"—I told him he had passed bad money, and he was wanted there by the landlord—he said he did not know the place—I took him back, the woman followed—as we went along I heard some one say "Jerry, score now"—when we got back Mrs. Ormiston said "That is the man, I will charge him"—I heard some one, I can't say who, say "I will give back the 4s. 6d. if you will let me ge"—I can't say whether that was said by the prisoner or not—I took him into the back room and searched him, and found 4s. 6d. in silver, and 1s. 3 3/4d. in bronze, all good money—I took him to the station—the female followed, and they were both charged together—the prisoner gave no name or address—the woman gave the name of Cross, but no address—I produce the half-crown and two shillings I received from Mr. Ormiston.
CATHERINE ORMISTON (Re-examined). When the prisoner was brought back by the constable I accused him of the other bad coins I had found—he said "Missus, don't say anything about it; I will give you the money," and he offered to pay me in silver, but the policeman said "Take nothing from him"—I said "I can't, my husband is not here"—I did not take it.
EMMA THOMAS . My husband is landlord of the Star in Belgrave Mews—on the evening of 14th December last, about 8 o'clock, the prisoner came to our house with a woman, not Cross—the prisoner had some drink, and paid with good money—the woman then called for some drink, it came to 2d., she gave me a two-shilling piece—I gave it back and told her it was bad, and she gave me a good florin for it—I had tried the coin in the tester, and it bent—the prisoner then went out, and the woman went very soon after—I spoke to the potman, and he went out
and watched them—I went to the station and saw them there—no bad money was found on them, and they were let go.
CHARLES ARROW (Policeman B 279). On 14th December my attention was called to the prisoner by Mrs. Thomas's potman in Chesham Place, near Belgrave Mews—there was a woman with him, not Cross—they were walking together, talking together, in a direction from the Star—I followed them for about half an hour into Lower George Street—they separated there, the prisoner went into the Guardsman public-house—the female wont into the Tap, nearly opposite—another constable followed her, I followed the prisoner into the Guardsman—I saw the female in custody first, and then went back to the Guardsman, fetched the prisoner out, and took him into custody—he saw the woman in custody—he said "I hope you don't think I have anything to do with that woman"—I said "Don't you know her?"—he said "No, I never saw her before in my life"—they were taken to the station—no bad money was found on them—Inspector Denton declined to take the charge, and they were discharged—Inspector Adams came on duty directly after—seven or eight days after he handed me this coin—about a fortnight after wards I went to 6, Bangor Street, Notting Hill, a house kept by Charlotte Atty—she pointed out the top front room—I searched it, I found no counterfeit coin—I found some papers, amongst them this convict's licence.
The RECORDER ruled that this was not admissible evidence.
CHARLOTTE ATTY . I am a widow, and live at 6, Bangor Street, Notting Hill—I let lodgings—the prisoner and Emma Cross lodged there between five and six months ago as man and wife in the top front room in the name of Sullivan—I pointed out that room to Arrow.
Cross-examined by the Prisoner. I last saw you on the Friday before Christmas—you were at work all the time you were there; up to 9th December—you left on the Friday before Christmas—it was after Christmas that Arrow came.
ELIZABETH KNIGHT . I live at 8, Turk's Row, Chelsea—I know the prisoner and the female—one evening, six weeks ago, I was in the Snow Shoes when they were there—the prisoner asked me to have a drink with him; I think I had a share of three pots of fourpenny ale—he asked me to go up the road with him, and he asked me if I would go to Eaton Square with him; he had got six bad two-shilling pieces to change—I declined, and he went away.
Cross-examined by the Prisoner. I had seen you several times—I said at the police-court that I had seen you once or twice with the female.
WILLIAM ADAMS (Police Inspector B). On 14th December I was at Cottage Row Police-station, and saw the female prisoner and another woman there—I relieved another inspector—I did not hear what passed—I saw the woman sitting on a seat by the wall—after they were discharged I found a counterfeit florin under the seat—I gave it to Arrow some days afterwards; it was bent—I marked it—it is now exactly as I found it.
EMMA THOMAS (Re-examined). This bent florin looks very like the one I had—I should be sorry to swear to it, because it has not been in my possession all the time—it is bent just where I bent it in the tester, and looks like the same.
Prisoner's Defence. On 22nd December me and my wife went into the Brewery Tap, and they say she gave a two-shilling piece, and I a half-crown, but they got mixed with other money in the till, and they cannot identify the coin we gave. As to the other, I know nothing about it.
GUILTY . He also PLEADED GUILTY to a conviction for a like offence at this Court in October, 1875.
The evidence given in the last case was read over to the witnesses, and stated to be correct.
CROSS— NOT GUILTY .
BATEMAN— GUILTY .— Two Years' Hard Labour, to commence at the expiration of his former sentence.
GARTHWAITE.— Nine Months' Hard Labour.
NICOLL.— Twelve Months' Hard Labour, and to pay the taxed costs of the prosecution. [Pleaded guilty: See original trial image.]
253. JAMES SIMPSON (32) to two indictments for stealing, whilst employed at the Post-office, orders for the payment of 7l. 19s. 3d. and 10s., and to forging endorsements on the same.— Judgment respited [Pleaded guilty: See original trial image.].
Also to falsifying a certain cash-book of his said masters with intent to defraud.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
255. EDWIN ALFRED COLSELL (22) to three indictments for forging and uttering orders for the payment of money, and for obtaining money by false pretences.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
257. PHILIP LESLIE CARTER (20) to three indictments for forging and uttering orders for the payment of 179l. 13s. 10d., 179l. 18s. 10d., and 25l., with intent to defraud.— Two Years' Hard Labour. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, January 29th, 1883.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and LLOYD prosecuted.
THOMAS FACER (City Policeman 586). At the end of November, or early in December, about 8.30 p.m., I was called to an Old Ford 'bus standing in Threadneedle Street, of which Hakes was conductor, and an elderly lady showed me 1s., a sixpence, and 4d., which she said she received from Hakes in change for a florin, and that the shilling was bad—he said "Rather than cause any bother, I must have taken it somewhere, I will change it"—it appeared thoroughly bad—he took it back and gave her a good one—I have seen the prisoners together several times.
Cross-examined by Hakes. To the best of my belief it was early in December—I did not take the number of the omnibus.
SIDNEY ASHTON . I am running cashier at Baker's, 82, Fleet Street—on 20th January, about 6 p.m., I saw Hakes at the counter—he had bought a tie for 6 1/2 d.—he handed me a florin—I took it to the cashier, Mr. Faulkner, got the change from him, and handed it to Hakes, who wore a white Macintosh—I am sure he is the man—the shop-walker afterwards brought a florin to me, but I cannot say whether it is the same.
Cross-examined by Hakes. The man who served you is not here—I was taken to identify you on the Monday, and did so—nothing was said to me about the tie being found in your pocket—I know you bought a tie because it was on the bill—I picked you out from five others—we only took that one bad florin that Saturday.
CHARLES LUCY . I am a clerk to Mr. Baker—the cashier brings me the money in a bowl when he has cleared the office—on the evening of 20th January when he brought me the money I found this bad florin among it.
Cross-examined by Hakes. I clear the bowl only once a day—I put no change in in the morning.
FLORENCE BENTLEY . I am barmaid at the King's Head, St. Paul's Churchyard—on 20th January the two prisoners came into separate bars, which are divided by a partition—I was the only person in the bar—I served Hakes with a glass of ale, he paid with 2d.; and then served Buck with a glass of whisky—he gave me a florin—I bent it on the counter, and said that it was bad—he seemed surprised, and said "Is it?" and paid me with good money—it bent easily—I kept it, he wanted a piece of it—this is it—while this was going on Hakes left the bar, went to the other door, and called Buck out—Buck remained two or three minutes, and then went out—half of the coin was melted by one of the customers, and this is all that remains.
GEORGE BANKS . I am a letter carrier—on Saturday, 20th January, between 6.30 and 7.0 p.m., the prisoners came into separate bars about the same time—I saw Buck tender a florin, and heard the barmaid say that it was bad—she asked me to look at it, and I tried to cut it with the sugar nippers and then held it up to the gas and melted part of it—this is the other part—Hakes called for a glass of ale in the other bar—he heard the remarks, went round to the other bar, and called Buck out—he went out in a minute or two, and I saw him join Hakes—Bucks asked the barmaid to give him the coin back, but she would not—I followed them through St. Paul's Churchyard, and up Watling Street into Old
Change—they stopped under a lamp, when Hakes passed something to Buck—Hakes was polishing something with a cloth when I passed him—they went into Cheapside and I pointed them out to a policeman, who followed them to Angel Court, Throgmorton Street—I took hold of Hakes—I heard one of them drop something, and the policeman picked up this florin (produced)—I took Hakes to the station, and the constable took Buck—I saw the constable find this piece of rag on Hakes, which is something like that with which he was rubbing the coin under the lamp.
Cross-examined by Hakes. It was not a photograph which you looked at, you were polishing something which was smaller than the photograph which was found on you—I followed you from 6.40 p.m. to about 7.15 p.m.
JOHN BRYAN (City Policeman 628). On 20th January, about 7.15 p.m., I was in Mansion House Street—Banks spoke to me, and I followed the prisoners to Bartholomew Lane, where they stood under a lamp-post, and Hakes appeared to be rubbing something, and in two or three minutes they crossed the Lane and went into Throgmorton Street—Buck went up Angel Court, and as soon as he turned the corner Hakes whistled—I went up the court, and Buck was standing over a gulley—I said to him "Where is it?"—he said "Where is what?"—I said "You know what"—he produced a good half-crown in his right hand. and dropped this florin from his left—I picked it up, put it in my mouth, and bent it—at the same time Hakes dropped something—Banks had then brought him within a yard, and was holding him—they were taken to the station, and I found 26s. 6d. on Hakes good money, fifteen pence of which was in copper, three books, a tie marked Charles Baker, a photograph, a collar, and a discharge from the army—there is no glass over the photograph—I found on Buck a conductor's badge and licence in the name of George Buck, and a good half-crown—Hakes wore a white Macintosh—Ashton gave me this florin.
Cross-examined by Hakes. You were about a yard from me when I heard something drop—it appeared to fall on the grating, over a gulley—I could not find anything.
Witnesses for Hakes.
SAMUEL REPKIN . I am a salesman—Hakes has lodged at my house about six months, and his wife is there now—he worked for the London General Omnibus Company, and left at, I think, the end of October, after which he was looking for a job on the tram—he is very respectable.
Cross-examined by MR. CRAUFURD. I live at 5, Victoria Park—the omnibuses do not pass my house, but I could see going along the road who the conductors are—I don't know why he left the Company—I can't say the date he came to lodge with me without my rent book, but it was in 1882—I recollect when he left the Company because he was not able to pay his rent—he owed me a sovereign for four weeks' lodging, and I wrote to him in October asking him for the money—he has paid something since October, but he still owes mo 35s. for seven weeks—he did not go away altogether in October.
Hakes's Defence. There is nothing to connect me with the first coin, as it passed through two hands and was then put into a bowl with other
money. I met Buck on an omnibus, I had known him some time. I asked him to have something to drink, he said "No," but I saw him go into the next compartment. I was in a hurry to get home, as my wife was ill; he joined me at the corner and showed me his photo. I looked at it under a lamp, it was smeared and I rubbed it. He ran up an archway; I know nothing about his having bad money. As to something dropping, we were a yard apart from each other. He asked me to carry a collar for him. I have been in the army and my discharge is here. The prosecutor is mistaken about my giving the woman 1s., because I left at the end of October, and could not be there on December 1, and wearing a badge as he said I was. I could not conduct an omnibus with-out a badge and a licence. (He then handed in his licence from Scotland Yard, showing that he quitted the Omnibus Company's service on November 1, 1882.)
Buck's Defence. As I was going into this house I met Hakes coming out. I called for some whisky and paid with a coin which they said was bad; I then paid with a good one. The policeman caught hold of me and knocked one coin out of my hand.
The prisoners received good characters.
GUILTY . Strongly recommended to mercy by the Jury on account of their characters. HAKES— Nine Months' Hard Labour. BUCK— Six Months' Hard Labour. The Court commended the conduct of the witness Banks, and recommended him to the Mint authorities as deserving of some reward; a similar recommendation from SIR ROBERT GARDEN, the committing Magistrate, was appended to the depositions.
OLD COURT.—Tuesday, January 30th, 1883.
Before Mr. Recorder.
261. EMMA FRANCES BUTLER (26) to unlawfully converting to her own use a quantity of cloth value 190l. entrusted to her, the property of Spencer Wicks.— Two Days' Imprisonment. [Pleaded guilty: See original trial image.]
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
FRANCIS GILRAY GLADDEN . I did live at 6, Paris Street, Lambeth, I now live at 7, Argyle Villas, Reading—I am a clerk—I saw this advertisement in the Daily Telegraph: "Clerk, collector, and canvasser wanted at once in a limited company to canvass and receive subscriptions and shares, salary 25s. per week, with commission. A security of 25l. in cash required. Apply personally to Baker and Gordon, 25, Garrick Street, London, W. C."—in consequence of seeing that I applied at 25, Garrick Street. Covent Garden—I there saw the two defendants—I said I had come in answer to an advertisement I had seen in the Telegraph advertising for a clerk and collector to a limited company—Gordon said it was the London General Cab Company, and told me all particulars, and said it would be necessary to deposit a sum of 25l. as security for my honesty, and at the end of the employment the money was to be returned—I told
him that I had a deposit receipt with the London and County Bank for 40l., that it would be necessary to give seven days' notice before the money could be withdrawn, and that I would consider the matter and write him—Baker was present at this conversation—I then wrote this letter of 16th November, which was afterwards found at the prisoners' office. (This expressed the writers willingness to enter the company's service and stated that he would bring up the deposit receipt on Monday.)—I received this reply dated 18th November, 1882, enclosing this prospectus—I subsequently ascertained that the letter was in Gordon's handwriting—I have seen him write—on 20th November I called at Garrick Street and there saw both the defendants—I said I had come to commence business, and that I had brought my deposit receipt as security. (The receipt was dated October 30, 1882, from the Reading branch of the London and County Bank for 40l.)—Gordon took it up in the presence of Baker—he gave me this receipt for it: "Received, 20th November, 1882, of Mr. Gladden, 40l. to be held as security on behalf of the London General Cab Company whilst Mr. Gladden is in our employ"—Gordon wrote that in Baker's presence and read it aloud—he then explained to me my duties, which would be to collect money for this company and canvass for shares—he then produced this agreement and asked me to sign it—I did so and handed him the deposit receipt—he told me to call next morning to commence business—I went there at 10 next morning—I found the prisoners there—Gordon then said, "I find this deposit receipt will be of no use to the company unless it is signed, and a notice of withdrawal"—I said I should not think of doing anything of the kind, that the receipt was virtually cash, and "if I sign this you can draw my money"—he said "Oh, that is perfectly absurd, I should not think of drawing your money"—I said "I shan't sign it"—he said "Oh, but you must sign it"—he then called in a man named Bill, whose name he subsequently said was Leroche—I think he was an odd man in the office—he placed the paper before me, and after some hesitation I signed it. (This was a notice of withdrawal.) Baker was present at the time; Gordon took the paper—I then entered on the canvassing business and continued for about a fortnight—nobody ever took any shares—I tried a little to get them to, believing it was a genuine concern for a couple of days—on 27th November I gave the week's notice to leave in consequence of what I heard, and left at the end of the week—Gordon paid me my wages for one week, and Baker for another—on 4th December, in the presence of both, I asked for my security back—Gordon said he should have to write to the directors, who lived in the country—I asked if he could give me the addresses of the directors and why they were not published on the prospectus—he said the directors were gentlemen and they objected to have their addresses published—I said it was usual in all prospectuses for the addresses to be published and it would inspire more confidence—he said "Some would not object but others would, and it would not do to put some in without all of them"—I again said "I want my deposit note; I have been to the London and County Bank and I find you have presented the note and the money is transferred to the Oxford Street Branch"—he said "I suppose the company has done that"—I said "You as secretary would transact such business as that and not the company"—he made no reply to that—I continued almost daily to make application for my money—they put me off with different excuses, saying they had the keys of the safe and they
had not seen the directors, and then said I had not given them a proper notice to leave—I said I had, and I then gave a written notice dated 9th December—I did not do any work for the company after the 4th—I asked Gordon several times for the addresses of the directors, but never got them—I never saw any director except Bill—I told Gordon on the 4th December that I had been to Somerset House and I found the company was not registered—he said "Oh, yes it is"—I said "No it is not, I have been there on two occasions and made a thorough search. There is the 'London General Cab Company' that has been established six years, and the secretary's name is different"—he said "Oh, this is The London General Cab Company"—I said the The would not make any difference in the constitution of a company—Baker said "Oh, yes it would"—I said I knew it would not, I had inquired of one of the officials at Somerset House—I have never got my deposit note or any part of my money back.
Cross-examined by Gordon. You did not tell me at the time we signed the agreement that you accepted the deposit note only as cash—I signed the agreement—nothing was said in the agreement about the deposit note—you did not tell me that you had found the deposit note was not transferable, and that you could not accept it—you did not offer me the deposit note back again—you did not ask me to give you authority to withdraw the money—I did sign the authority, not altogether of my own free will—I knew what I was doing—it was between 4 and 5 o'clock in the afternoon, I did not altogether like the look of the thing, but there were two or three of you in the room, and I thought as seven days' notice would have to be given I should be able to go to Reading and cancel it—I gave you notice personally to leave on 27th November—I think I was paid my salary that morning, or on the Monday—I think it was Baker who paid me on Saturday, 2nd December, and afterwards gave the written notice at your suggestion—I did not tell you my father was in town, I have no father—I did not go to a solicitor, I could not afford to do so—I endeavoured to get some facts together first—I got a London Directory to see if I could trace any of the directors, but I could not, and then I went to the surveyor of taxes to inquire if you were paying income tax, and I found you were not—I came to the office on 21st December, about 4 o'clock in the afternoon; that was the day you were arrested—I asked you for my money then—I did not get it—the officers were below, and you were taken into custody.
GEORGE AUGUSTUS HILLIER . I keep the White Swan, New Street, Covent Garden—on 22nd November the prisoners called on me with this deposit receipt and this letter of withdrawal, and asked if I would pass it through my bank and give them the money—I said "Certainly"—I paid these two documents into the London and County Bank, Oxford Street Branch—it was placed to my account—I paid the 40l. to Gordon in cash—he called upon me for it—I merely knew them as customers—I knew their names, nothing more.
FREDERICK REDFERN . I am a clerk in the London and County Bank, Oxford Street Branch—I produce this deposit note of the Reading Branch of our bank for 40l., in favour of F. G. Gladden, with a receipt at the back signed by Gordon—I also produce a notice of withdrawal—these documents were brought to our bank on 22nd November by Mr.
Hillier—they were forwarded to Reading, and the amount was subsequently credited to Mr. Hillier.
JAMES EUSTACE WILLIAMS . I am clerk to G. Barker and Co., 39 and 40, Mark Lane, Bankers—Gordon opened an account with us in the name of Baker and Gordon, on 23rd October last, describing the firm as of 25, Garrick Street—it was opened by a cheque of 33l.—he said he was an auctioneer—the account continued open till 16th November, when I sent him this letter closing the account. (Read: "We regret that through the irregular manner in which your account has been worked of late we do not feel justified in handing you another cheque book. We shall be glad if you will issue a cheque for the balance, 13l. 1s. 10d., and close it"—I know nothing of the London General Cab Company, Limited—we were never bankers to such a Company.
SAMUEL HAYMAN . I am a clerk in the Joint Stock Companies' Registration Office, Somerset House—the "London General Cab Company" was registered some years ago, and is still in existence—I know nothing of this Company to which this prospectus refers.
GUSTAV LAWSER . I live at 25, Garrick Street, Covent Garden—on 2nd October I had an office on the second floor to let—I let it by this agreement to the two defendants at 40l. a year—they are described as William Baker, of Sevenoaks, Kent, and F. Gordon, of Lillyville Road, Fulham—I know nothing of any Cab Company—they never paid any rent—the furniture has been sold under a bill of sale.
Cross-examined. At the time you were arrested no rent was due.
THOMAS PARTRIDGE (Police Sergeant). On 21st December I went to 25, Garrick Street in company with Inspector O'Callaghan and the prosecutor—I went to the second floor, and saw Baker on the landing—I told him I was a police officer, and that I had a warrant for his arrest for stealing a deposit note for 40l.—he asked me to read the warrant to him—I went into a room and read it to him—he said it was all false, they had not converted the deposit note to their own uses—I then went into an adjoining room and saw Gordon and another man, who was pointed out to me as "Bill"—I told him I was a police officer, and had a warrant to arrest them both—Gordon wished the warrant read, and I read it to him—he said "It is all false," at the same time he turned to Gladden and said "I suppose you want your money; that is all you want?"—he said if I would go out with him he would get the money—Gordon told Bill to say nothing—Bill was afterwards discharged by the Magistrate, it being represented he was only a servant—I took the defendants to the station, they were both charged, and both refused to give any address.
JOHN O'CALLAGHAN (Police Inspector E). After the prisoners were arrested I searched the office on the second floor—I found the book containing these advertisement, and the one referred to by Mr. Gladden—it is headed "Baker and Gordon, auctioneers and land agents"—I also found this letter, dated 23rd November, from the Secretary of the London General Cab Company, objecting to the name of the new Company—I found this prospectus of the Company, one of the directors being Laroche—that is struck out, and then there is put "the Marquis de la Roche."
Gordon in a long address denied any fraudulent intent, and stated that Gladden had voluntarily parted with the deposit receipt; that he had been
paid his salary up to the time of his giving notice, and if he had been patient his money would have been returned to him.
GUILTY . GORDON PLEADED GUILTY to having been convicted at this Court in May, 1876, in the name of F. H. Garnier, of obtaining money by false pretences.— Seven Years' Penal Servitude. BAKER— Five Years' Penal Servitude.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. BURNIE Defended.
THOMAS LUCKETT . I am a cheesemonger and poulterer, of 20, Essex Road, Islington—on Tuesday, 9th January, I closed my shop at 10 o'clock, and went to bed between 11 and 12 o'clock—my house was securely fastened up—shortly after 5 o'clock next morning I was aroused by the police; I came down, and found the premises had been broken into—the room at the back of my shop has a skylight—there was a ladder resting on the table against the ventilator of the skylight—that had been left in the back yard the night before—an entry had been effected first into the back yard, and then through the skylight by the ladder placed there, and lowered into the room—I missed eight sides of bacon, three American cheeses, and a quantity of property, such as I deal in, to the value of about 35l.—I do not know the prisoner—the padlock had been taken off my stable gates, and another one put on—my cart had been taken out of the stable and left in a back street—a number of pheasants had been moved, but not taken away.
GEORGE NORFOLK (Policeman N 164). About 5.20 on Wednesday morning, 10th January, I was on duty in Essex Road—I heard a noise at Mr. Luckett's shop, I went towards it, and saw a horse and cart standing by the corner near the shop—the prisoner came from the side of the cart to the horse's head—he saw me; I was in uniform—before I could get up to him he jumped up into the cart, whipped the horse, and drove away at full gallop—I made a rush for the cart, and got within about four yards of it—it was a one-horse cart—I chased it down the Essex Road as far as Packington Street—I sprang my rattle, another constable, Aspinal, joined in the chase—he got hold of the cart, but was shaken off—the prisoner drove away, and made his escape—I have not the least doubt the prisoner was the man—I saw his features; his face was towards me when he was getting into the cart—this cap (produced) was found at his lodging—he was wearing a similar one on the night he drove away—I saw him in custody at 6 o'clock on the Thursday morning, nearly 24 hours after, at the Newington Police-station; there were eight or nine other men there—I picked him out—I have since seen the horse and cart found at Hackney; it was the one that was being driven away.
Cross-examined. I had never seen the prisoner before—it was dark; there was a lamp right opposite me—I was about 20 yards off when I first saw him—he was looking under the horse's head towards me—it only occupied a few seconds altogether—I saw him scramble into the cart.
Re-examined. I was about four yards away when he scrambled into the cart, and I saw his face.
5.20, I was at the corner of Packington Street and Essex Road—I saw the horse and cart being driven, and the constable following springing his rattle—I ran into the road to try to stop the horse—I got hold of the side of the cart, and hung on to it for about 200 yards, and then had to leave go—the man who was driving had on a cap similar to this—I picked the prisoner out from several others on the 11th as the man who was driving—to the best of my belief he is the man.
Cross-examined. I went before the Magistrate, but was not called—I could not see the prisoner's face; it was dark—I believe he is the man.
WILLIAM MAJOR . I am a letter-carrier at 37, Richard Street, Liverpool Road, Islington—between 5 and 5.30 on Wednesday morning, the 10th, I was looking down the Essex Road—I heard a noise there, and saw a horse and cart loaded with goods, and a man placing a box on it—I stood at the corner for a few minutes; I did not see the man's features, it was very dark; I went away—afterwards I saw the cart going away at full gallop, and the constable after it—on the evening of the 11th I went to the police-station in Upper Street, Islington—the prisoner was there with about 16 other men—I picked him out—to the best of my belief from his general appearance he is the man who was with the cart.
Cross-examined. I could not discern his features—I speak to his general build and appearance.
HENRY JENMAN (Police Sergeant N). At 11.15 on Wednesday night, the 10th, I saw the prisoner in Pratt's Road, Clapton Park—I was with two other officers—I stopped the prisoner, and told him I should take him into custody for committing burglaries at the butchers' shops—he said "Where"—I said "One at Ball's Pond and one at Islington"—he said "All right, I will go with you, I will go quiet"—on the way to the station he said "You have grabbed at the shadow and missed the substance"—I was present at the station when Norfolk picked him out from seven others—I afterwards, from what I was told, went to No. 5, Pratt's Road, and found this cap on a work-stool—the prisoner gave me that address—he said on the morning he had left Mr. Veasey's shop about 4 o'clock in Chatsworth Road.
Cross-examined. He said "All right, I will go with you; I know nothing about it; I shall go quiet"—I found the cap in the work-room where he lodged—the landlord was there at the time.
Re-examined. Mr. Veasey's, in the Chatsworth Road, is about three miles from the prosecutor's, and a little over a quarter of a mile from the place were the horse and cart were found.
EDGAR WRIGHT (Policeman N 468). On Monday morning, the 10th, about 12 o'clock, I saw a horse and cart standing in Galton Street, Hackney, with no one attending it—it had the name and address on it of Mr. Heasman—it was shown to him, and he claimed it as his property—Galton Street is about a quarter of a mile from where the prisoner lives in Pratt's Road.
WILLIAM HEASMAN . I am a carman and greengrocer at 74, Queensbury Street, Islington—on the morning of Tuesday, the 9th, I had two horses in my stable, and a cart standing in the street by my shop—I saw the horses safe at 9.45—at 7.45 in the morning I saw one of the horses had gone from the stable—the stable had not been broken open—they had got over the wall and opened it—it was fastened with a bar—I afterwards
saw my horse, cart, and harness in the possession of the police at Hackney.
The following witnesses were called for the defence:—
EDWARD VEASEY . I am a tripe dealer at 3, Chatsworth Road, Clapton Park—on Tuesday, 9th January, I had a party of friends—it was my wife's birthday—the prisoner was a guest at the party—he was in my company at 6.45, and he stopped till three or four minutes to 4 o'clock next morning—he then left.
Cross-examined. I was examined before the Magistrate last Friday week—that was not the first time my attention was called to this night—some officers told me of it a few hours afterwards—my place is about three minutes' walk from where the prisoner lives—there were not many people at the party—my wife, her sister, the lodgers, and the prisoner—my wife is not here—she has to attend to the business—we cannot both leave together—my house is about three and a half miles from the Essex Road.
ELIZABETH MICHELMORE . I live with my husband at 6, Pratt's Road. Clapton Park—the prisoner has lodged there three months—he was taken into custody on Wednesday, 10th January—between 4 and 5 o'clock that morning I was in bed—I awoke at 4.35—I looked at the clock, as I mostly do when I awake—it is right opposite my bed, and a lamp stands on the mantelshelf, right opposite the clock—I keep it burning all night—I saw the time when I awoke—I did not go to sleep again—I did not hear anybody come in after that time—the prisoner slept in a room at the top of the stairs—my room is the back parlour—I got up at 6.45—I heard the prisoner cough as I was lighting the fire—he came down at 8.45—he asked me the time, and I told him 8.50, when he went out.
Cross-examined. No one sleeps in the room with me; it is on the ground floor, on a level with the street door—I keep the lamp burning in case the children should call; they sleep upstairs—the prisoner's room is the front room over the kitchen—I heard him cough when I was in the kitchen—the policeman Mackenzie came with another officer, and made inquiry of me after the prisoner was in custody—I told him that I did not know what time the prisoner came home, as he had his own key, and I was in bed—I don't remember saying "He comes home all hours of the night."
ELIZABETH CURWOOD . I live at Mrs. Michelmore's—I occupy the back room adjoining the prisoner's—I remember hearing him lighting his fire at a very early hour before daylight on the morning of the 10th.
Cross-examined. I don't know the time; it was dark.
NOT GUILTY .
NOT GUILTY .
MR. RIBTON Prosecuted.
NOT GUILTY .
NEW COURT.—Tuesday, January 30th, 1883.
Before Mr. Common Serjeant.
NOT GUILTY .
CHARLES GOSS . I am a porter on the Great-Western Railway, and live at Edenham Street. Kensal Green—on Sunday, 7th January, about 8 p.m., I was in the Craven public-house, Tottenham Street, Kensington—the prisoner was there when I went in—I knew her before—she came up and said "Shake hands, Mr. Goss"—I said "No"—she said "Will you have something to drink, and I will pay for it?"—I paid "No, I don't want it"—she said "You had me up before Mr. Sheil once, and you might have me up again; I don't care for Mr. Sheil or any other Magistrate"—I shifted away from her, and sat in a corner by myself, and I had not been there a minute when she came up with a tumbler with a glass foot to it in her hand, which she was drinking out of, then threw the contents in my face, and then used the rim of the glass like a hammer on my head and face and cheek, and if the people had not dragged me away I believe she would have killed me—I bled much, and was taken to the hospital—we lived in the same house, and six or seven months ago she cut my eye open with a saucer, and when she came out of Hammersmith Police-court she threatened me, and several times since—she got off then because my wife did not come up as a witness.
Cross-examined. The Magistrate dismissed the charge of cutting my eye open—that was six or seven months ago—she left our house after I summoned her, but I saw her very often—if I tried to shun her she came in my way—I have not charged her with taking things belonging to my wife—she gets drunk, but I can't say whether she was drunk on this night—I know no reason for her ill-will—I never gave her any provocacation—I don't know why my wife did not give evidence against her at Hammersmith—I asked her several times—she said she could not leave the children, and always made some excuse—I am on very good terms with my wife—she saw the cut on my eye—the prisoner was remanded three times, and yet my wife would not go.
GEORGE PINNOCK . I am a labourer, of 63, Southam Street, Westbourne park—I was in the Craven public-house, and saw the prisoner walk up to Goss and offer to shake hands with him—he said "No, I am going to have a pint of four-ale," picked up his pint of beer, walked across the bar with it, and sat by himself—she walked across to him, sat by his side, and drank out of his pint pot—he crossed to the other side, and she followed him, drank out of the glass which she had in her hand, and then threw the remainder in his face, rushed at him with the glass in her hand as he was sitting down, and struck him on the head several blows, and the glass broke and cut his face and head—he bled very much—she was sober—she said nothing; there was no quarrelling.
Cross-examined. If they had had a drink together I don't think it would have happened, but he refused—I was about three yards from them in the same compartment—the bar was pretty full—I am sure she struck him several blows, half a dozen, I should say—it took three blows before the glass broke—those were on top of his hat—I believe there is a dent in his hat (produced)—I stood watching the people who were trying to pull her away—the manner in which it was done suggested that it was a joke—I do not suggest that she struck him on the cheek with the broken glass, only on the hat and head.
BERTRAM THORNTON . I am house surgeon at St. Mary's Hospital—on 7th January, about 9 p.m., I saw Goss; he was sober—he had two cuts on his face and two on the back of his head—one was a severe cut on his cheek, three inches long, lacerated, and rather deep—the second was about an inch long outside the eye—the two wounds at the back of his head were about an inch long and not very severe—the broken edges of such a tumbler as this would inflict them—he is still being treated, and he will be permanently disfigured.
Cross-examined. It was a lacerated cut and too severe to have been done by the falling glass after the tumbler was broken on his head—you could scarcely have a more awful weapon at close quarters—the blow was diagonal.
THOMAS WRIGHT (Policeman XR 30). I was called to the Craven—Goss gave the prisoner into my custody, and the landlord gave me this broken glass—the prisoner said at the station "Yes, I did give it to him, and now I have had my revenge"—she was drunk and very violent.
Cross-examined. The divisional surgeon was called to dress her hand, and he said she was drunk—she called Goss names all the way to the station.
The Prisoner's Statement before the Magistrate. "All I have to say is it would have served him right if he had got it three times worse than he has for his lying old tongue."
GUILTY of unlawfully wounding.— Six Months' Hard Labour.
MR. FULTON Prosecuted.
JONATHAN HOLDEN . I keep the Coopers' Arms, Flood Street, Chelsea—on Saturday, 28th October, about 11 p.m., the prisoner came in and caused a disturbance by using very foul language to me and my son—he said if we touched him he would be the death of us, and he would put a black flag over me in a week—I have known him ever since I have been in the house, but have refused to serve him for the last six months—I told him if he did not leave off I should have to put him out—he was sober—he said he would be the death of me—I went round the counter and was putting him out—he was resisting me as much as he could when Steele, the policeman, came in and got him out—he was very violent—I went in again and fetched out another man who was with him, and then saw the prisoner and Steele fighting—the prisoner was trying to force his way in again; he picked up a quart can and threw it at Steele's head with great violence—Steele ducked his head and the can went through a pane of plate-glass, 7 feet by 6 feet, and he followed it up with a blow with his fist on Steele's forehead, which knocked him against the shutters and window sill—the prisoner ran away to the corner of Halford Place and fell over the kerb, and a policeman and I followed him—he got up and began fighting with the policeman, who got him against the wall, and I got hold of him—we got assistance and he was taken to the station—I had sent for Steele several weeks before to put the prisoner out, and he said he would knock Steele's head off if he touched him—he was sober then—I have had to send for policemen six or seven times to put him out.
parlour, and heard some one making a disturbance in the bar—I came out and saw the prisoner quarrelling with somebody about a pair of pincers, which had been stolen out of his pocket, and using very filthy language—my father said that if he did not quit he should put him out—he did not resist very much because he saw a policeman at the door—he was put out and tried to get back, but found he could not, and began hustling Steele, who pushed him away—he had a can in his hand and overbalanced himself through the kerb, and fell in the road—he then threw the can at Steele's head, and it went through a window and broke the plate glass—he then gave Steele a violent blow on his nose with his fist, which made him stagger—the prisoner ran down Alfred Place eight or ten yards, looked round to see if Steele was following, slipped off the kerb, and the policeman caught him—he was sober I believe—on the previous Monday I had to call four policemen to him, as he threatened to be the death of him; and he was put out that same evening, the 28th, and returned.
JOHN STEELE (Policeman B 280). On 28th October I was on duty in Flood Street, Chelsea, and was called to the Coopers' Arms, where the prisoner was using abusive language, and was being put out by the landlord—he looked me down, and said "What! come again"—I knew him from having been called there to him twice before, when I persuaded him to leave quietly—when I got him outside, he said that if I interfered with him he would knock my b—y brains out, and would settle me as easy as that, snapping his fingers—he is a smith, and a very powerful man—he shoved me against the wall, using beastly language—I asked him not to use such language, and he took up this can and threw it at my head—I ducked my head, and the can went through a window—immediately I raised my head he gave me a most terriffie blow on my nose, which knocked the life and sense out of me—I did not know where I was, but I came to myself, and saw him running away—I pursued him, and he fell—I took him to the station with difficulty; he kept threatening my life all the way—I was taken to St. George's Hospital, and remained an in patient till January 2nd—I was delirious, and unable to give evidence.
Cross-examined. You did not ask me to see about some things which you had lost in the public-house—I struck you in the chest when you shoved me—you had a scar on your head from falling in the road.
JOHN CAHILL . I am house-surgeon at St. George's Hospital—on 31st October Steele was brought in suffering from a severe injury to his head—he was partially unconscious—he suffered for two days from concussion of the brain, from a blow between his eyes by a very powerful man, and after the concussion had passed he suffered from the effects of it till his discharge on January 2nd—he was delirious when he was admitted, and I think his life was in danger—he was not out of danger on December 13th, and he is not well yet.
Cross-examined. A similar condition might be caused by a fall.
The prisoner in his statement before the Magistrate, and in his defence, denied striking Steele, who he said fell on top of him when he slipped on the kerb.
GUILTY .— Twelve Months' Hard Labour.
MR. WILMOT Prosecuted; MR. PURCELL Defended.
The JURYbeing unable to agree, were discharged without giving a verdict, and the trial was postponed to next Session.
FOURTH COURT.—Tuesday, January 30th, 1883.
Before Robert Malcolm Kerr, Esq.
270. FRANCIS JOHN O'SHEA (25) , Burglary in the dwelling-house of Elizabeth Ann Barns, and stealing two keys, four bottles of wine, and other goods, the property of Messrs. Spiers and Pond. Second Count, Receiving.
MR. BESLEY Prosecuted.
ALFRED MADELL . I am manager of the Criterion—Miss Barns is the manageress—I became manager in June, 1882—the prisoner was then one of the firemen—his duty was to have charge of the building from 12.45 till 6 a.m., when he was relieved by the day fireman—he was the sole person in the building between those hours except the young ladies who sleep in the building—he would take that duty one week, and be one week off—while he was there I have had several losses—they occurred always when he was on duty—in consequence of that I discharged him—he did not apply for a character, and I next saw him in the dock at Bow Street on 18th January—I had a report with reference to an entrance to the Criterion between 27th and 28th December—I went round the building—I found this pair of slippers with indiarubber soles—they do not belong to any of our people—a lot of silent matches were found in the body of a dress belonging to one of the still-room maids, and had burnt a hole there—I found the mark of a hammer, and the window had been prised open—this claw hammer fits the marks exactly—I tried it in Inspector Turpin's presence—I also found this label of my office thrown behind the sink—a woodcock and some pheasants were lost—the follow-day I found this other label under the cellarman's desk, and half a bottle of hock—another bottle of wine value 30s. had been consumed—I also missed some old port at 47s., and a bottle of brandy—I found the key drawer had been prised with the claw hammer—the marks corresponded—there was a drawer full of keys—I also missed a box of cigars, an umbrella that a customer had left to be taken charge of, 17s. 6d. from the cellar, and a silver watch belonging to one of our servants—one key would only open its own lock, except the master key, which would open all.
Cross-examined by the Prisoner. A man had been found in the theatre previously—he said he went to sleep in the gallery, but found it more comfortable in the boxes—no one could get from the still-room to the wine cellars without a key—I have not missed keys—you must have had keys—I have inquired about the slippers of all those who are employed, but not those who have left.
Re-examined. The slippers were found in the upper still-room where the window was forced.
prisoner as a fireman there—he left on the 21st October—on 28th December, about 12.40, I left the Criterion at the Jermyn Street end—I saw the prisoner at the opposite corner—I asked him how he was getting on, and passed the compliments of the day—he said he had done no work since he left—I was in his company about five minutes—he walked with me to the corner of Tichborne Street—there I left him, and saw no more of him that night—I went home.
Cross-examined. I have not missed any property.
JAMES GUSH (Policeman C 121). On 18th January the fireman called out to me, and I took the prisoner into custody at 6 a.m.—I found on him a six-chambered revolver loaded, with nine cartridges, a match-box, a pair of slippers, three keys, and a hammer in his trousers pocket—one of the keys is marked "Z 7." (The articles were produced.)
Cross-examined by the Prisoner. You made no attempt to conceal the things—you made no resistance—I did not ask you to give an account of yourself when I took you to the station.
CHARLES RICHARD SALES . I have been employed as fireman at the Criterion about three months—the prisoner had left before I was employed—I knew him by sight—just after midnight on 27th December, when all the people had gone, I took charge of Jermyn Street gate—I made my first round at 1 a.m.—I locked the Jermyn Street gate, and put the key in the timekeeper's office box at that entrance, which is its proper place—I took the key of Mr. Madell's office upstairs, and carried that with me—after seeing all safe inside at 2 a.m. I saw that all was safe outside—I locked the back gate when I returned, and put the key in the box again—I went round again at 4 o'clock—at 5 o'clock I missed the key—I had seen it last at 2 o'clock—this is the key and the label—I had to let people in, and had to get the assistant manager's master key to let them in.
Cross-examined by the Prisoner. If a person got into the building he could go to the timekeeper's box and take the Jermyn Street key during my rounds—my rounds take nearly an hour, the 3 o'clock round quite an hour, because I have the water to put on.
JULIA HIGGEN . I have been employed at the Criterion three years and three months—my duty was to clean out Mr. Madell's office—I always found the key in the upper office on—28th December at 8.30 I could not find the key, and could not get in.
MARY ANN ALLPORT . I am employed at Vine Street Station—on Thursday, 19th January, the day after the prisoner was before the Magistrate, I was cleaning out the charge-room—I found this key in the corner behind the coal scuttle—I pointed it out to Mr. Turpin—I took it to the inspector's office.
Cross-examined by the Prisoner. The scuttle was on the right-hand side near the door.
NEWMAN TURPIN (Police Inspector). The prisoner was sitting in the charge-room about half an hour before the charge was taken waiting for some one to come from the Criterion—this key was handed to me, and I afterwards saw Mrs. Allport, who pointed out where she found it.
Cross-examined by the Prisoner. The officer who had you in charge would watch you, but it is possible for you to drop a key without his noticing.
the key "Z 7" has been altered to pass more locks of the Criterion—I produce a similar key to what it was before it was altered—it has been reduced so as to pass the wards—it has been done roughly by an unskilled workman—I have tried and find it will now unlock the upper office and about 40 or 50 doors—the key of Mr. Madell's office, marked "R D 10," has been altered, and will now pass all that the other will pass, and many more besides the Jermyn Street gate.
Cross-examined by the Prisoner. It is an attempt at a master key—it would open one cellar door, or the upper manager's office.
ALFRED MADELL (Re-examined). This is the key with the brass label that I left at the Criterion on 27th December—it has been altered, and is a close imitation of my master key—it will open the wine and beer cellar, the upper office, the theatre doors, and the Jermyn Street gate—I have tried it.
The prisoner, in defence, handed in a long written statement to the effect that he left home at 3 a.m. to go to Covent Garden, and stopped near the Criterion to see a young man employed who would be able to give him some money from a subscription list for his benefit, when the fireman arrested him; that he had carried a revolver since he was bitten by a dog, and he had been told the theatre had been entered by a man; that the hammer was useful to him in unpacking cases; that the keys found on him had been transferred on change of his uniform, and he was not aware of the doors they would unfasten; the slippers must have been left there by some one else; he had belonged to the Metropolitan Fire Brigade, and his landlord would give him a good character. He added that if he had had any felonious intention he should not have waited about till the staff were going in.
GUILTY of receiving. — Five Years' Penal Servitude.
MR. SAUNDERS Prosecuted.
MICHAEL HENDRON . I am a costermonger, of 11, Rickett's Road, Chiswick—on 6th January, about 9 p.m., I met the prisoner at Manor Terrace, Chiswick—he said "Where's them flowers?"—I told him I had no flowers belonging to him—he said "Yes, you have"—he put his face against mine and hit me in the chest—I struck him back—we had one round, and he ran round the corner and started aiming stones at me—I went back to my barrow and pushed it, but the pin was taken out and the wheel came off—the prisoner followed me while I was taking sacks into Miss Oxley's and into Hogarth Place—he said "What is it going to be?"—I saw the blade of a knife shining in his hand, it went through my hat into the back of my neck—I felt the knife go in two or three times, and he rushed away.
The Prisoner. I only struck him once, it is quite an accident. I asked him for some flowers he had of mine, he said he knowed nothing about any bleeding flowers, and was not going to part with them. I said "You will have to part with them." He was nearly intoxicated. I was cutting the thorns off a stick. I said "Ain't you going to part?" He said "No." I got 30 yards round the corner, he kicked at me three or four times. I had a knife in my hand when I was struck back again. He held my wrist. I put the knife and hit him at the back of the neck.
The Witness. That is all false.
TOM GEORGE CLABBURN . I am a surgeon, and live at Turnham Green—about 11 o'clock on 6th January I saw the prosecutor at the police station—he was suffering from a slight wound in the neck, such as would be caused by a cut from a knife—the wound was not large, the knife was blunt and escaped the carotid artery.
THOMAS THOMPSON (Police Sergeant T). I took the prisoner into custody—he was charged with wounding the prosecutor—he said "God blind me, me and Hendron were doing a stand-up fight, and he fell against the knife"—I looked for the knife and could not find it.
The Prisoner's Statement before the Magistrate was read, and was to the same effect as that already made.
JOHN REYNOLDS (Recalled by the Prisoner). The prosecutor said the prisoner had struck him with a knife—I said "The best thing would be to lock him up"—the prisoner said "I did not intend to do him any harm, it is an accident."
NOT GUILTY .
MR. SAUNDERS Prosecuted.
WILLIAM TUCKER (Policeman G 175). On 21st January, at 3 a.m., I was on duty in Myddelton Street, Clerkenwell—I found the cellar flap of the White Hart public-house had been moved about two inches—I turned my light on to the window—I thought I heard somebody jump over the counter—I rang the bell—I got assistance—I and the sergeant went inside—I saw the prisoners in the wine cellar—I took Davis into custody—outside he said "I have tried everything to get an honest living and failed, and I have tried this and failed also; if I had known you had been going to have me I would have jumped through the window"—I took him to the station.
HUGH GILBURY (Sergeant G 13). I with two other constables searched this house—I saw the prisoners in the cellar—I asked Hamblet what he was doing there—he paid "I was tight last night and did not know where to go, and I came down here out of the way"—Davis said "I concealed myself under the kitchen seat in the bar before the people went to bed"—I found this jemmy buried in the sawdust, a box of matches where the prisoners were standing, and a tallow candle concealed behind some bottles.
JOSEPH HENRY COLLIER . I am manager to my father, who keeps the White Hart public-house, Myddelton Street, Clerkenwell—I shut up the house on this Saturday night—the cellar flap is always kept close—this decanter had been moved from the wine into the beer cellar, and emptied—about a pint of wine was in it—the following Friday I found this jemmy, and this padlock, which had been taken off the winecellar door.
GUILTY . POWELL PLEADED GUILTY* to a conviction of felony in December, 1881, at Bow Street.— Eighteen Months' Hard Labour each.
MR. POYNDER Prosecuted; MR. KEITH FRITH defended Clark.
JOHN BROWN . I am a labourer, of 42, Sheepcote Lane, Culvert Road, Battersea—on the night of 3rd and 4th of January I was in St. Martin's Lane, about 1.30, carrying three cauliflowers—Jones took my cap off and struck me in the eye—he said "Give us one of them cauliflowers"—I said "No, they belong to me"—five or six of them were together—I saw Clark—I could not recognise any of the others because the blood was in my eye—one man took hold of my arm, another my throat—I lost a two-shilling piece and a sixpence out of my pocket—I halloaed out "Murder!" and "Police!" and all ran away.
WILLIAM LUTHER (Policeman C 173). At 1.30 a.m. on 4th January I was in St. Martin's Lane—I heard a shout of "Police!" and "Murder!"—I saw the prisoners standing opposite the prosecutor, with two or three others—as soon as they saw me they all ran away—I ran after Jones and took him into custody—I saw Clark running to the E Division—the prosecutor said of Jones, in his hearing, "That is the man that struck me in the eye"—I found on him half-a-crown and twopence.
Cross-examined by Jones. You were not coming up St. Martin's Lane when I first saw you—the prosecutor did not say "I suppose he is one of them."
Cross-examined by MR. FRITH. I was about five yards from the men when I saw them—their faces were towards me.
DANIEL DEAN (Policeman E 227). About 1.30 a.m. on 4th January I was in St. Martin's Lane—I saw Clark running; I ran after him—I heard 401 E crying out "Stop thief!"—I ran to the end of the Hop Gardens—I caught Clark in Bedfordbury—I asked him what he was running for—he said "All right, I'll go quietly to the station"—he shammed being drunk.
HENRY JENNER (Policeman E 401). I heard cries of "Murder!" and "Police!"—I saw four or five people—when I got near to them I saw Clark leave the prosecutor, he was stepping backwards, when he saw me he ran away—I followed him and shouted "Stop thief!"—he was stopped in Bedfordbury by 227 E—I only lost sight of him as he turned into Bedfordbury for about a second—I was close to him.
NOT GUILTY .
MR. SAUNDERS Prosecuted.
Belfast, to Miss Hale—I saw her last Saturday—she is the person referred to in this certificate.
AMELIA ANNIE CONNOR . I live at Lilian Villa, Cock Street, Coventry—I am a single woman—the prisoner is the person referred to in this cercificate—I was married to him on 7th November, at St. Dunstan's Church, Fleet Street, last year.
Cross-examined by the Prisoner. I was not told it was given out that you were drowned and that your wife had married again.
The Prisoner's Defence. Nine months before I married this lady I had been told my wife died at Waterford. I have not seen her myself for three years and a half. Some friends from Belfast told me. I declare I was under the impression my wife was dead, and that she had been married to an auctioneer in Belfast.
AMELIA ANNIE CONNOR (Re-examined). I did not ask the prisoner whether he was a single man—I took it for granted, and his father and mother did not know when I asked them—I knew him 10 months before I married him—when I told him I heard of it he denied it.
GUILTY .— Judgment respited.
MR. SAUNDERS Prosecuted; MR. PURCELL Defended.
JOHN HILLIARD . I am a bootmaker, of 31, Trinity Street, Islington—my shop is at 11, Cloudesley Road—nobody lives there—on 21st January I shut up my shop about 10 p.m.—the next morning I was called up by the police—I went to my shop—I opened the door with my key—I found the bird and cage removed off the wall on to the floor—it had been hanging on the wall opposite the window.
Cross-examined by MR. PURCELL. The door was not as I left it—it double locks—I do not leave it single locked—I am sure I left the bird hanging.
Re-examined. The nail was still in the wall when I went.
JOHN TOLFREE . I am a carpenter, of 76, Cloudesley Road, Islington—on Saturday morning, 21st January, about 1 a.m., I was coming home—I watched the prisoners fumbling about at the prosecutor's shop-door—they went in and shut the door—I spoke to a policeman—we knocked at the door—the prisoners opened it—the policeman spoke to them—they said they found the door open, and had gone there for a lark—I assisted the constable in taking them to the station—Humphreys got away in the Liverpool Road—another man stopped him.
Cross-examined by MR. PURCELL. I saw three men in front of this shop—I watched on the opposite side, under a lamp—two had their faces towards the shop door—one man walked away.
Re-examined. I do not know whether the door was open or shut, but the two men went in and shut the door after them.
WILLIAM CLARKE (Policeman N 70). The last witness spoke to me, and I knocked at the prosecutor's shop door—Allen opened it—Humphreys was inside—I asked them what they were doing—Allen said they found the door open, and were only there for a lark—I said "It won't do for me; you have no business here at all"—I told them they would, have to
go to the station—I searched Allen—I found these keys, this jemmy, and four boxes of matches—the keys will not fit the shop door.
Cross-examined by MR. PURCELL. They gave correct addresses—I call that a jemmy, and should not think it was used in Allen's business.
Allen's Statement before the Magistrate. "That instrument you call a jemmy I had made for me to use for drawing bungs from barrels in my business as an ink bottler."
NOT GUILTY . (See page 477.)
MR. SAUNDERS Prosecuted; MR. THORNE COLE Defended.
LUDOVIG VIAL . I live at 4, Corbyn Street, Hornsey Rise—on 23rd January, about 1.30 a.m., I was walking down St. Martin's Lane—I was pushed against some shutters by three men—the prisoner was one—I felt a hand unbuttoning my coat—I tried to loosen myself, but one gave me a blow in the mouth and knocked me down—my mouth was cut, and one of my teeth broken—I caught hold of the man, but could not keep him, as two others were kicking me on the head—I held the prisoner a few steps, and a policeman came and took him.
Cross-examined. The fight lasted six or seven minutes—I was sober—I had been to see a friend at Brixton—I had had a glass of ale—I only lost my spectacles—I was wearing a chain—the policeman brought the prisoner back, and said "Is this one of the men?"
Re-examined. I have no doubt the prisoner is one of the men who knocked me down.
ALFRED HOOKER (Policeman E 425). I saw the prisoner with two others knock the prosecutor down—I went towards them—the prisoner and the other two ran down Little St. Andrew's Lane—the prisoner went into Long Acre—I took him at a coffee-stall, and brought him to the prosecutor, who identified him—I did not lose sight of him.
Cross-examined by MR. COLE. I brought him back in about five minutes—it was about 400 yards from the fight to the coffee-stall.
Witnesses for the Defence.
REBECCA LIDDYATT . My brother keeps a coffee-stall outside a public-house at the bottom of Long Acre—on 24th January, just after the public-houses closed, I went to the stall to take my brother the street-door key, and to tell him to be home early—as soon as I came opposite the public-house in St. Andrew's Street I saw a fight, a gentleman with three men; two short men and a tall man—I saw one hit the gentleman, and the gentleman hit him back, then the two hit him and punched him in the mouth, and knocked him down on his head—I called out to the tall young man, who punched him in the mouth, "Oh, you brute"—a cabman called out "Police"—they ran in the direction of Castle Street—I did not see them taking the prisoner—when they brought him I said "Oh my God, that is the wrong man"—the policeman said "Do you know him?"—I said "I would not come if I was him"—the gentleman was standing with his back to the wall, all bleeding—the policeman said he must take him down to the station—I told the policeman it was not the man—he said "You had better come too if you know the man"—the sergeant hit some woman, and I went home—I never saw the prisoner before.
Cross-examined. I was looking on—they fought from one side of the pavement to the other.
JANE NICHOLLS . I live at 23, New Street, Covent Garden—I am a book folder at Messrs. Vine's, 3, Fetter Lane—I have worked there six years—on the night of the 24th January I was in the prisoner's company—we had been to the Royal Music Hall—we left there between 11.20 and 11.30, and came down St. Martin's lane—I left him at the coffee-stall for a while; he called for two cups of coffee—we called at a public-house and had a drink with my brother-in-law—they were closing when we left—I did not see him attack or strike any one.
Cross-examined. We were at the coffee-stall just after 12.30—he was taken when I had gone round the corner—if the prosecutor said it was 1.30 he is not correct.
GUILTY .**—He also PLEADED GUILTY to a conviction of felony in January, 1882, at Clerkenwell.— Five Years' Penal Servitude.
MR. SAUNDERS Prosecuted.
BETSY SMIRK . I am a widow, of 14, John Street North, Marylebone—I keep a grocer's shop—I was called up on 10th January by the police—I found the window broken—I missed two bottles of pickles, a bowl of tea, and a bottle of sweets—this is the bowl, and there were two bottles of pickles similar to this—I closed my shop at 11 o'clock.
Cross-examined by the Prisoner. I have known you three years—you and your mother have dealt at my shop—I thought you were well conducted.
FREDERICK HADDEN (Policeman D 97). At 2 a.m. on 10th January I was on duty in York Street—John Street runs into it—I heard a smashing of glass—I saw the prisoner opposite Mrs. Smirk's, about seven feet from the window—I saw him go to No. 19—I went to No. 19—I went to No. 14—I heard the door of No. 19 shut—I went back—I got the assistance of another constable—I went upstairs to the top landing—I knocked at the front room door; a female answered—I asked whether a man came up there; she said there was no man there—I found the prisoner in bed, blood was on his right-hand fingers, and his thumb was cut and bleeding—I took him to the station—I went back to No. 19—I found this bowl in the front area cistern of No. 21—tea was scattered all across the road to where the bowl was and to the door of No. 19—I searched the prisoner; I found some tea in his left-hand coat pocket—I found a handkerchief with blood on it—I went up because I saw a light.
FREDERICK CATT (Policeman D 139). I was with Hadden when the prisoner was taken into custody—I searched the premises; I found this glass of sweets in the dust-hole at the back of No. 19—a bottle of pickles was found in a large waterbutt at the back of a house.
Prisoner's Defence. I do not know who put the things there. An hour and a quarter elapsed before the constables entered the house to see who is there. My mother could prove I was asleep, but she is ill. My thumb bled because I fell down. I have bought tea of Mrs. Smirk for three years, and always put it in my left-hand pocket.
NOT GUILTY .
OLD COURT.—Wednesday, January 31st, 1883.
Before Mr. Justice Lopes.
MR. GRIFFITH, for the Prosecution, offered no evidence on the Inquisition, the Grand Jury having ignored the bill, and the Magistrate having refused to commit.
NOT GUILTY .
MESSRS. POLAND and MEAD Prosecuted; MESSRS KEITH FRITH and BLACKWELL Defended.
ELIZABETH BARROW . I am the wife of James Barrow, a master carman—we have lived at 172, Cannon Street Road, St. George's-in-the-East, for about nine months, and occupy three rooms on the ground floor—the prisoner was our landlord—he occupied the two rooms on the first floor—on the top floor are two rooms knocked into one for a workshop which was used by the prisoner, who is a tailor—besides me and my husband Mr. Jacobs, his wife, and a little girl four years old, occupied the house—neither of us keep a servant—at 9 o'clock on the morning of Tuesday, 9th January, I went out to work, my husband had already gone—I returned about five minutes past 9 o'clock in the evening, and let myself in with my key—my husband was not at home—I went into the middle room of the three, and noticed the ceiling was in flames; the fire was from the prisoner's bedroom above—I went out and gave the alarm to the police—I afterwards met my husband and returned with him, and the place was then in possession of the firemen and police—the prisoner had said several times to me about two weeks before the fire that he was slack of work.
Cross-examined. His little girl often had several little children to play with her in the house—they mostly played in the kitchen downstairs, they have played upstairs—I do not know that on this day before the fire took place the prisoner had finished 26 coats and taken them home.
WILLIAM FOSTER (Police Inspector H). On the night of 9th January, about half-past 9 o'clock, I went to 172, Cannon Street Road—there was a crowd outside and a fire engine—I went upstairs to the first floor, where there are two rooms—the fire was then out—I examined the front room—on the floor I found 15 or 16 pieces of wood, about four or five inches apart, with a piece of tarred string placed across each of them—they extended as nearly round the round table as could be—these (produced) are some of the pieces of wood—on the table were two table-cloths; one, a linen one, had been hanging down, and the part hanging down had apparently ignited and burnt to the edge of the table—about five feet from the doorway there was a hole about a foot square in the carpet and through the flooring—the wood was placed close to this hole—the carpet and floor were burnt in four or five other places—there were five or six ordinary lucifer matches on the floor—I picked up three, and my brother inspector picked up three—there was a box of similar matches on the mantelpiece—I went into the adjoining room, which you get into by going into the passage, and the other room is at the back—in that room apparently the wash-hand stand and bed had been very much
burnt, and there was a large hole burnt through the flooring and ceiling, and the bed and bedding barnt—three-quarters of an hour afterwards the prisoner came into the house—I heard he was at the door, and I sent for him and he came upstairs to these rooms—I was in the front room—I asked him how he accounted for the two fires occurring at two rooms at the same time—he said "I don't know, how do you account for it?"—I said "What time did you leave your house to-day?"—he said "Four o'clock, with my wife"—I could not get him to answer the questions I put him—he seemed to evade them a great deal—I asked how he accounted for his time from 4 o'clock till now—he said "My wife left at half-past 3 o'clock, and I left at 4 o'clock; I left with my father-in-law and went to see a printer"—I did not gather the name of the printer—"I returned and knocked at the door, but got no answer"—I asked him who locked the door of the front room we were in, it had been burst open—he said "I locked the door at four o'clock from the outside, and I have not been in the room since yesterday," meaning the day previous, "I put the key in my pocket," and he produced the key—he afterwards said the last time he was in the house was at five o'clock that evening, and he went into the front room and took some fruit from the table, and went to 205, Cable Street, to join his wife, and afterwards to the Foresters' Music Hall—I asked him if he was insured—he said "Yes"—I said "In what office?"—he said "The Atlas Fire Office"—I said "For what amount?"—he said "300l."—I said "Have you the policy?"—he said "No, it is in a cash-box in the cheffonier"—I said "Will you open it?"—he said "No, I have lost the keys, I lost them about three months ago"—I asked him if the receipts were with the policy in the cheffonier—he said "Yes"—I did not notice at that time whether there was a cash-box in the cheffonier—nothing further was said—I took him into custody and to the police-station—when I said I should search him he took from his pocket a woman's gold necklet and locket—I said "How do you account for having this in your pocket?"—he said "I was going to pawn it"—he was wearing his gold watch and chain in the ordinary way—I found 1l. 8s. 0 3/4d. on him, and a piece of string similar to that which I found over the pieces of wood, in his outside coat pocket; it is cord—I found in his inside coat pocket insurance receipts for the last two premiums—I said "I thought you told me they were in the cash box?"—he said "I thought they were, I was not aware I had them in my possession"—they were given back to the prisoner because the Magistrate said he thought they would not be evidence—I afterwards served a notice on the prisoner to produce the policy and receipts—on the direction of the Magistrate I obtained the services of a locksmith, and had the locks of the cheffonier and cash-box picked—the policy and receipts were not there, there were one or two receipts for other things, one or two bills, no money; an envelope from the Atlas Assurance Company, 92, Cheapside, E. C., addressed to Mr. Jacobs—I found the key of the front door on him.
Cross-examined. I wrote his answers down immediately after I got to the police-station, and I made short notes on the way in some cases—I have not got my notes here; I thought it unnecessary—I have the notes which I made immediately after—I have not put down anything wrong—I may have omitted to state something—I said before the Magistrate in answer to you "The prisoner appeared to be a very excitable man;
he did not speak in a coherent way and to no purpose at all"—I was talking to him nearly an hour and a half—I considered it my duty to cross-examine him—he did not speak in an incoherent way, or to no purpose at all—he seemed to feign excitement when we first saw him—he speaks broken English, but I believe he quite understands what is said to him—these (produced) are some of the lucifers I found—the string tied round bundles of firewood is not so long as this string—I did not notice any knife on the table—there was one in the cheffonier—one compartment was open, but I did not open it at the time I went.
Re-examined. I knew nothing of the prisoner before—when I went there I did not know who lodged there, or anything about it—I made these inquiries before taking him in custody.
JOHN QUIN (Police Inspector H). I was with Inspector Foster when the inspection was made of the prisoner's premises—I noticed the appearance of fire in both rooms; they appeared separate—I found some pieces of a broken measure on the floor—I think they were parts of a wooden yard measure used by tailors—these pieces formed part of those I noticed on the floor—the prisoner said that he came back to his house that afternoon about 5 or 5.5 at the very latest, and that he took some fruit from the front room on his return.
SAMUEL FISH . I live at 9, Walter Street, Stepney, and am an engineer—on the night of 9th January, about 9 o'clock, I saw Mrs. Barrow running across the road—I afterwards went inside the house with the constable—I went into the back room; I saw a fire there burning—the front room door was open—the firemen came soon after—I threw buckets of water over, and helped to put out the fire.
WILLIAM CHALKLEY . I am a fireman in charge of the Fire Brigade Station, Commercial Road East—at 9 o'clock on the 9th I received a call—I went to 172, Cannon Street—I found a number of people in the passage and on the stairs—I turned them all out except Fish—I went into the back room, and found about three feet square of the flooring burning—a great quantity of smoke and fire—the bed clothes were on fire, and some part of the furniture near the window—a hole about three feet square was burnt through to the floor beneath, down to Mrs. Barrow's room—the fire had been partially extinguished by strangers passing buckets of water from below—after it had been extinguished in the back room I went into the front room—the door had been burst open; there was very dense smoke there—I saw a number of pieces of wood lying on the carpet, and string lying on the top of the wood—it appeared to have been arranged mathematically—the two fires in the front and back rooms were quite distinct—there was no connection whatever, and no possibility of there being any.
WALTER HARRISON . I am in the Salvage Corps—I came to the house—the fire was not quite out when I got there—I saw the two rooms, and have not the slightest doubt that there were two separate fires—I heard the prisoner say that he was insured in the Atlas Fire Office—I asked him about the policy—he said it was in the cash-box in the cheffonier, and that he had lost the key—I asked him about the receipts—he said they were in the cash-box—I said "You cannot give me the number of the policy"—then he said "I think I can," and he quoted a number from memory, I don't remember what it was—I left the premises in charge of Adams—nothing had been removed up to that time.
ALFRED STONE . I am a member of the Salvage Corps—I took charge of these premises from Walter Adams—up to that time, when Mr. Harding came to make the valuation, nothing whatever had been removed from the premises.
EDWARD ERNEST HARDING . I am a member of the firm of Toplis and Harding, auctioneers and valuers, of St. Paul's Churchyard—on 13th January I went to these premises to take an inventory on the first and second floors and the little back kitchen—the property consisted of household furniture, sundry wearing apparel, sewing machines, and tables used for the purpose of trade and general effects—there was no stock of cloth at all—supposing the company had to pay for the things 75l. would be a liberal estimate—they would not fetch 25l. at a forced sale, but insurance companies generally expect to pay liberally.
HENRY JOHN BLISS . I am an auctioneer and estate agent, and am agent to the Atlas Fire Office—I produce a sheet of orders for policies from that office made by myself—I received an order from the prisoner for an insurance of 300l. upon household goods, stock, and utensils, &c., at 172, Cannon Street Road—the policy was issued at Lady Day, 1879—I gave it to the prisoner, and received a premium—the subsequent payments were made at the office—this (produced) is the envelope in which I delivered the policy to the prisoner.
The following witnesses were called for the defence:—
MORRIS SAMUELS . I am a machinist, and live in Cannon Street Road—I know the prisoner—I remember the day of this fire—I was in the prisoner's house at 3 o'clock that day with my boy, and the prisoner's little girl was there—they were in the parlour, which is the front room upstairs—the prisoner had three rooms there—the children were playing when I came there—I asked my little boy what he was doing—he said "I am playing train"—he had some wood and string and a knife—I took it away from him—he also had a little whip in his hand nine or ten inches long; it was a stick and a piece of string—I saw some matches on the mantelpiece—my little boy is four years old, and prisoner's girl five—they could reach the matches by standing on a chair—the children were playing with the wood round the room—they had a few pieces in their hands, and a few pieces were lying in the room; some by the window, and some by the fender—I did not see that they were lying close together—they were about a yard and a half apart.
Cross-examined. I was only in the room about ten minutes—I took my boy down in the kitchen and left him there and went to my work—there was nobody in the first-floor room when I left it—it was all right then, no signs of fire or smoke.
DAVID JACOBS . I am a tailor and the prisoner's brother—I was at his house on the day of the fire—he was at home, I saw his little girl there in the kitchen—her father-in-law came in and my brother told us all to come upstairs in the parlour, and we went up and his wife and child—
the child asked the grandfather to make her a whip and my brother went up into the workroom and brought down a yard stick about 15 or 16 inches long, and several pieces of string and a pair of scissors, and I saw the grandfather make a whip and give it to the child to play with—it was made from the yard stick—this (produced) is it—there are the inch measures on it yet—it is in pieces—this is the hole that was bored through, this string is what we generally use to tie our work up with when we send it to the shops—it is not tarred—I don't understand what tar is—it does not smell of tar—firewood is tied with a kind of tarred string—I never smelt tar—I went to the house about half past 1 or 2 to fetch my child from there—the children had been playing upstairs—there were three children playing there—I saw the little boy with a whip in his hand and pieces of wood were placed round—he said he was playing horses—I left the other children there and took my child home—there were some matches on the mantelpiece, I took one from there myself and went home with my child.
Cross-examined. I don't work for my brother, I work for myself—there was no smell of smoke and no fire in the room when I left.
ISAAC JACOBS . I live at 205, Cambridge Road, St. George's-in-the-East—I am a master tailor and father-in-law of the prisoner—I was at his house the day before the fire at half past 6—I made my little grandchild a whip out of a piece of yard stick 15 or 16 inches long, and a piece of string that was used for tying round bundles of work like this—it has a tarry smell—these pieces of wood (produced) are part of the yard stick that I made the whip of—this necklet (produced) I gave as a present to my daughter, it cost 2l. 15s.—the locket I cannot value, as it did not belong to me.
Cross-examined. The prisoner had 26 coats which he had been working on on the Sunday—this is the book in which the work is entered.
The prisoner received a good character.
GUILTY .— Five Years' Penal Servitude.
THIRD COURT.—Wednesday, January 31st, 1883.
Before Mr. Common Serjeant.
MR. SAUNDERS. for the prosecution, offered no evidence.
NOT GUILTY . (See Fourth Court, Tuesday, p. 471.)
MESSRS. GRAIN and A. METCALFE Prosecuted, and MR. KEITH FRITH defended Sinnett.
CHARLES WILLIAM WEBSTER . I am warehouseman to Messrs. Brocklehurst, of Macclesfield, silk manufacturers—on 19th December we had to make up a consignment of silk to Messrs. Henry and Co., of 28, Friday Street—I was employed to select the silk—I selected 12 parcels similar to the one produced—this is part of it—this is one of Messrs. Brocklehurst's tickets—the signature of one of our makers up is on it—I
handed the silk to Mr. Slack and Mr. Baker—the value of the whole is 71l. 6s.
JAMES WILLIAM SLACK . I am a packer to Messrs. Brocklehurst and Co.—on 19th December I packed up a truss containing 12 packets like this—one of these tickets produced is put inside each packet—they are packed in brown paper and canvas outside—I marked the bale J. N. over B.8, and addressed the bale on a card which was stitched on, "A. Henry and Co., 28A, Friday Street, London"—I handed it to Dearden, a clerk, in good condition.
JAMES DEARRDEN . I am a clerk in the employment of Messrs. Brocklehurst and Co.—on 19th December I received from Slack two trusses for Messrs. Henry and Co.—the one lost weighed 1cwt. 2qrs. 22 1/2 1bs.—the value would be 71l. 6s.—I weighed them and entered them in my cart book—I gave them to Hunter, the carter of the London and North-Western Railway Company, about 5.30 or 6 p.m.
JOHN HUNTER . I am a carter employed by the London and North-Western Railway Company at Macclesfield—on 19th December I collected from Dearden two trusses, one of which is here—I took it to Brocklehurst, a check clerk of the company.
WALTER BROCKLEHURST . I am a checker employed by the London and North-Western Railway Company—on 19th December I received this truss of silk from Hunter—I put it into van No. 40207—that was labelled for Broad Street Station—it left on the night of 19th December for London.
GEORGE ANTHONY BIANCHI . I am a checker in the employ of the London and North-Western Railway Company at Broad Street—on 20th December, at 8 a.m., I assisted in unloading No. 40207 van, which had arrived from Macclesfield—among other goods were two bales for Henry and Company, of Friday Street, to await their order—this is the invoice of the things contained in the van—one of the bales was marked J. N. over B.8—I sent them to No. 7 arch by a porter in my gang—half an hour afterwards I went to the arch and saw the bales there—that was about 8.30.
EMANUEL LAMBOURNE . I am a warehouseman employed by the London and North-Western Railway at Broad Street Station—I had charge of the bank at No. 7 arch—I saw two bales about 8.30 a.m.—they came from Macclesfield—I believe this is one of them here—Sennett brought me an order for some sacks about 9 o'clock—I gave him some empty sacks, according to Order 28—a quarter of an hour afterwards I went where the bales had been—I only saw one.
THOMAS STATHER . I am a checker in the employ of the London and North-Western Railway Company at Broad Street Station—I check the bales with the delivery sheet—on 20th December I received the delivery sheet of two bales of silk—I searched for the bale J. N. over B.8—I did not find it—it should have been in No. 7 arch on the bank—the other bale was there.
PETER JAMES GROOM . I am chief cartage clerk at the Broad Street Station—on 20th December I booked out Sinnett at 7 a.m. with these three empty sheets and a load for the Borough, Bermondsey, Southwark, and different places on that side of the water—I gave him an order to get 27 empty sacks—he had to go to No. 7 arch for them—that was about
8 a.m.—it was Sinnett's duty to examine his load with his sheets—no truss or bale was on his sheets—Fowler was his van boy.
Cross-examined by MR. FRITH. Complaint is made to me in the first place—none have been made of Fowler to my knowledge—I know Winch, a carman—he has not complained of Fowler's pilfering.
HENRY FOWLER . On 20th December I was Sinnett's van boy—I came on duty about 7 a.m.—horses were put into van No. 8 at Broad Street, and the van was loaded with empties—Sinnett left, saying he was going to get his vouchers—he returned in a few minutes—no truss or bale was then on the van—then he said he had to get some sacks, and told me to take the van to the other yard, to No. 7 arch—he walked across the bank—I saw him there with some sacks—I remained a few minutes—the sacks were put on the van—when we got to the gate Sinnett got up and drove, and I got up behind—that was about 9 a.m.—I then noticed a bale that was not there before—we went over London Bridge, Sinnett driving, through Tooley Street, and into Nelson Street—I saw Sinnett nod to Hadlow in Nelson Street—Hadlow was standing still—Sinnett stopped and got down and talked to him, and sent me to see where Gibbs's ware-house was—we had three empty casks to deliver at Gibbs's—it was three or four minutes' walk—I was away about 10 minutes—when I came back Hadlow had gone—Sinnett was standing on the pavement—I did not see the bale then—I said "Where is that bale, mate?"—he made no reply—I did not see him the next day nor the next, but the next I was again his van boy—he said "I had a bale the other day. I gave it to a man to sell for me. He has got collared, but I do not think he will say who gave it to him, and we won't get anything out of that"—he said "Do you know what was in it?"—I said "No"—he said it was skeins of silk.
Cross-examined by Hadlow. Sinnett got down at the Long Lane end of Nelson Street.
Cross-examined by MR. FRITH. I have been five months in the company's service—I know Lynch, a carman—I have been out with him and one other—my first mate, Peeston, spoke to me about some rosettes—we were in the Chatham and Dover yard one day when a boy came up and said some rosettes were his, and I said they were not—Peeston said "Did you take them?" and I said "No, I bought them off a Chatham and Dover boy"—I have not been complained of—the company never have brass—I was not told to be careful in what I was doing, or I would get the sack—I am not responsible for the van while it is in the yard—I did not complain of Sinnett's conversation till we were stopped on a Monday by an officer of the company—I was told it was about something I had had taken out of my pocket, and the officers wanted to know the particulars; and when I got up they began about the silk—Sinnett had said to me "Don't say anything about it"—I said "I shall say nothing till they call me up about it. If they have me up I shall be bound to tell the truth"—I went to the company's solicitors and made a statement—it was read over to me, and I came to the police-court—the only other complaint of me was when I went from one of the wharves to my dinner—he said "If you go away again I shall report you"—I did not leave his van without his permission—he has not complained of my doing so.
Re-examined. I recognised Hadlow at the Guildhall.
carrying on business at 19, Staple Street, Long Lane, Bermondsey—I have known Hadlow for some time—on 20th December he came to my father's warehouse between 11 and 12 mid-day—he said "Can I leave a bale of flax here?" or "Can I leave a bale here?"—I said "Yes, as long as it is not in our way"—I said "Where is it?"—he said "I will go and fetch it," and he went away—I saw the bale there on Friday, the 22nd—one evening Hadlow came about 5 o'clock and said he had come for the bag of flax that he had left there—I said "Where is it?"—he said "I will show you where it is; I brought it in," and he walked to the far end of the warehouse where it was—when he had brought the bale up he asked me if I had a cart I could let him have to take it away—I said "No; Harry Shaw lets carts over the road; he will let you have one"—he said "You know Shaw better than I; will you go?"—I said "I do not mind," and I went—he gave me half a sovereign to go over and get the cart—I went over and hired a cart for 5s.—I gave the remaining 5s. to Hadlow—the cart came round—Hadlow cut the bale open—I saw them packing it in papers; I could not see the contents, they were all wrapped up—I saw him placing them in the cart—he went away with the cart.
Cross-examined by Hadlow. I did not see you bring the bale—I swear you gave me half a sovereign, and that you are the man who took the bale away.
Re-examined. I became acquainted with Hadlow last summer—I have seen him passing up and down.
JOHN MAYGROVE . I am a silk merchant at 20, Jewin Crescent—on 22nd January King called at my warehouse about 4 p.m.—he said he had been to my branch warehouse in the Bethnal Green Road the previous day—he brought in his hand this sample of silk—he said it was about 1cwt., but it turned out to be more—he wanted to sell it—I said I could buy it at a price, and being a different kind of man from those I usually buy from I said "Is it all right?" he said "Yes"—I said "What are you?" he said "A general dealer"—he did not seem to know much about silk—he asked what would I give for it—I said I would buy it at half a crown a pound—I said "I shall require an explanation as to how you came by it and an invoice of it"—I said again "Is it all right? If not, for your own sake and mine, do not bring it here"—he said "It is all right, I am a general dealer; when shall I bring it?" I said "Either before 6 this evening or half-past 9 in the morning"—he hesitated a moment about accepting the price—I said "You will have to decide whether you accept the price now, as I never alter my offers, and you must leave me the sample"—he accepted the price, and left this sample—the proper value was 7s. 6d. a pound—in consequence of his accepting a price so much below its value I communicated with Sergeant Mitchell at No. 2, Old Jewry—Mitchell secreted himself in the warehouse, and remained till King came about 6 p.m.—I went forward and received it, and sent my young man, Shearer, to the door—Mitchell came up and questioned King about it—there were 12 parcels like the one produced—after the conversation King was taken into custody.
Cross-examined by King. I said at the police-court, and it has been left out of the depositions, that it was an unusual class of silk and inferior, and a stranger would not know the value of it.
EDWARD SHEARER . I am assistant to Mr. Maygrove at 29, Jewin Crescent—en 22nd December, about 6 p.m., a cart came to the ware-house—by Mr. Maygrove's directions I went to the cart—Hadlow was in the cart handing down a bundle to King, who was out of the cart—I then went indoors—I saw the parcels brought into the warehouse—I received them from King—by Mitchell's direction I went for a constable, and went into the warehouse with him—Hadlow was outside at the horse's head—in two or three minutes we came out—Hadlow was not there—the horse and cart were still there—we were not able to find him that day—he could see the constable go in distinctly—on 3rd January I was taken to the police-office at Old Jewry and picked out Hadlow from a number of persons as the man who was there with the cart.
Cross-examined by Hadlow. King brought one bundle in at a time—you were not placed with short men, but with men about your own size, at the Guildhall.
JOHN MITCHELL (City Detective Sergeant) On 22nd December I was fetched from the Old Jewry by Mr. Maygrove—I went to the warehouse and concealed myself—about 6 p.m. the prisoner King came in—after the silk had been brought in as Mr. Maygrove has described I said to King "I am a police-officer; I want to know where you got this silk from?" he said "On Wednesday, 14th December, I bought it of a man, George Jarvis, a general dealer, who lives at 24, Pear Street, New Cut, Lambeth"—I said "What did you pay for it?" he said "4l. 5s."—I said "Have you any invoice or paper to show that you paid that amount for it?" he said "Yes, it is at my home"—I said "What is your name?" he said "Lewis King, I live at 5, Staple Street, Long Lane, Bermondsey, in the top room"—I said "Your account is not a satisfactory one, and I shall charge you with the unlawful possession of this silk"—I took him to Moor Lane Police-station—I said at the station "You brought this silk with a cart and horse to Jewin Crescent, you were accompanied by another man;" he said "Yes, I decline to say who he is or where he lives, but the cart belongs to Mr. Shaw, of Staple Street, Bermondsey"—he was then charged, and gave the address, 20, Mason Street, Long Lane, Bermondsey, which is the address of his father, but he does not reside there himself—I inquired, but found no Pear Street; there is a Pear Tree Street, but no such a person is known there—the address of 5, Staple Street is a wrong one; he is not known there—I went there—the cart was sent back to Mr. Shaw, but he had lent it to Mr. Robinson—each parcel contains a small ticket like this one, which we found in the centre of this one.
Cross-examined by King. I have since found out you are residing at 205, Weston Street, in the name of Rose—you are not known there as King.
RICHARD KIMBER (Detective Sergeant M). From a description given to me by Mitchell I went on 3rd January to 2, Margaret's Court, High Street, Borough—I found Hadlow in bed about 9 a.m.—I said "I am a detective sergeant of police, and I am going to take you into custody on suspicion of being concerned with Lewis King, who is on remand at Guildhall Police-court, for stealing on 20th December a quantity of silk from Bishopsgate Railway Station. It is alleged that you went to a man named Shaw, hired a cant for Mr. Robinson, and went with King to the warehouse, and while King went into the warehouse you made
your escape"—he said "I shall deny the charge"—I then made him dress and conveyed him to the detective office and placed him in Mitchell's hands.
Cross-examined by Hadlow. Mitchell described you, and told me he had the other man in custody, and that was enough for me—I said I would get you, and I have got you.
HADLOW and SINNETT.— GUILTY of stealing.
KING.— GUILTY of receiving.
KING and SINNETT PLEADED GUILTY to convictions of felony, King in March, 1874, at Newington and Sinnett at this Court in September, 1878. SINNETT**— Six Years' Penal Servitude. KING**— Eighteen Months' Hard Labour.
HADLOW— Fifteen Months' Hard Labour.
MESSRS. BLACKWELL and BASSETT HOPKINS Prosecuted.
DANIEL BOWEN . I am a bookbinder, and live at Nursery Grounds, Hertford Street, Stepney—on 23rd January, at 12.30, I was turning from Stepney Street into Lady Lake's Grove, on my way home—I was sober—I saw the prisoners with two women—I was hustled against the wall by the prisoners—Shannon attacked me first in my left side—my pockets were searched, I was knocked down, and jumped upon—I called out "Murder" and "Police," and very shortly the police came—I had a florin and twopence in my pockets—when I recovered it was gone—I had a black eye, and I was hurt where I had kicks across the forehead and on my chin—I have not been the same since—my finger was bitten while I was on the ground—I gave the prisoners into custody; the other two were not there—I did not say anything about my money at first, I was too excited, and when I got to the station I was bleeding in my forehead—I have been back to work, but have had to take lighter work three days.
Cross-examined by Murrell. You did not bring a constable; a female brought the constable.
Cross-examined by Shannon. You were the first to strike me—I covered my head when I was on the ground—you were on the pavement when the policeman came up, and I recognised you both, and I charged you—I did not say I had lost any money till the next morning.
THOMAS MARSHALL (Policeman H 305). On the morning of 23rd January I was in Sydney Street—I heard cries of "Police!" and "Murder!"—I went into the Mile End Road—I met another constable—then Ann Lowman came up and spoke to me, in consequence of which I went to Lady Lake's Grove—I saw the prosecutor with his face covered with mud, very much knocked about, and bleeding from the nose and on the forehead, and cut about, and one of his eyes was black and covered in mud—Shannon said to him "You say I knocked you about; you are a b—liar; I never touched you"—I heard him charge her with having knocked him about, and he said he would give Shannon into custody for assaulting him—she said "You bleeding f—liar, I never done no such thing"—Murrell said "Let the woman alone; she has done nothing," and he came up from the crowd—upon that the prosecutor said "That is one of them; that is the man that assaulted me"—I took him by the
arm, and handed him over to 282 H—the prosecutor and the prisoners were quite sober—Shannon was very violent—she struck me two or three blows in the face, and scratched me in the face.
Cross-examined by Shannon. I did not say "I will give you something for this, my lady"—I did not catch hold of your hair and pull it—I did not punch you in the back.
WILLIAM KINGSLEY (Policeman H 282). In consequence of a communicatioin from Marshall I went to Lady Lake's Grove—I found Marshall had hold of the prisoners—the prosecutor came forward and said of Murrell "I charge this man with assaulting me"—I said "Are you sure it is the man?"—the prosecutor said "Yes; see how he has torn my coat trying to get at my pockets"—he opened his coat and showed me—I took hold of Murrell, and told him I should take him into custody—Murrell said "Blind my eyes, I have done nothing"—he was very violent.
EDWARD SCRIVEN (Policeman H 279); I was stationed at Arbour Square on 23rd January, when the prisoners were brought in and charged with assaulting the prosecutor—on taking Murrell to the cell Shannon, who was in front, said "You f—, you have got me in a b—fine mess"—I said "Hold your tongue"—she turned round and spat in my face, and said "That for you"—I took her back, and charged her with assault and spitting—she also said on being charged with Murrell "The innocent are suffering for the guilty; I did not have any money"—I made a note of the statement.
Cross-examined by Shannon. I did not at the cell say "You will catch it to-morrow"—I did not go to the did not put you in the cell.
RICHARD COSTIGAN . I live at 7, Grove Place, Sydney Street, Mile End—on 23rd January I saw Bowen coming down Sydney Street between 12 and 1 o'clock—I saw Shannon and two other females go up and strike him and knock him against the wall—I saw one use a stick to his head—I saw Murrell run up and kick him—I saw him kick the three women, and then run away, and when he came back he was kicking them about the shin, and they were kicking him—I saw Murrell run away, and the prosecutor run at him—that was before the prosecutor was assaulted.
ANN LOWMAN . I am a widow, of 13, Lady Lake's Grove, Mile End—on 23rd January my attention was attracted by a noise—I looked out, and saw three females and the prosecutor fighting the prisoner—I went to the police, just a-top—I made a communication to Marshall.
The Prisoners' Statements before the Magistrate. Murrell said: "I was coming down Lady Lake's Grove. Two girls stopped me, and asked me if I had any money. I said 'No.' They said 'Oh, yes, you have. You have a feel to see if you have any money.' I went to walk away, when one of them up with her fist and hit me. As soon as I turned round again the other one made a strike against me. I ran away, and went after these two constables. I told them that I was knocked down. All my hand was bleeding. They asked me what I did down that way. I said 'To see my mate a little way home.' They said Could not you go some other turning without going down there at this time of the morning?' I said 'I went round here for the nearest way to get home quick.' 282 said 'Your excuse is very good. Could not you go round the Whitechapel Road?' They have made a mistake in taking me. It was me that first went after the policeman. That good lady, Mrs.
Lowman, came up afterward? and said 'Oh, my God, there is a man being killed.' With that both ran down, and I followed behind. As soon as I got down this constable, Kingsley, says 'Here's one of them.' I said 'Oh, you have made a mistake.' He said 'No, I ain't; come on.' He then took me down to the station. He hit me three or four times in the mouth. The other policeman put his foot behind me, and I stumbled. I did not fall. He says 'We will take you to a place where they will question you?" Shannon said: "I went up the back of the grove to see a young woman that had some things belonging to me, and she was not in, and as I was coming back I met two young women. These two young women told me she had gone to Whitechapel; they asked me to have a drink. I said I would not, as I wanted to get home. I said 'Oh, Mrs. Lowmans, I suppose you saw the two women beating the man.' I had a drop of drink. I ran across to see what it was. I was not in the row at all. I know I lost my shawl, two women ran away with it. I did not know the two women at all. I did not have the power to beat anybody; the man took me for the victim; after he was beat, he took me."
In defence Murrell repeated his statement, and added that he went to see his mate home, he told the constable that he was knocked about, and they said "Your tale is very good; you are joking." Shannon said: "If I had been one of the women I would not have stopped for a policeman to take hold of me."
GUILTY .—MURRELL† *— Eighteen Months' Hard Labour, and Twenty Strokes with the Cat. SHANNON— Twelve Months' Hard Labour.
NEW COURT.—Wednesday, January 31st, and Thursday, February 1st; and
OLD COURT.—Friday, February 2nd, and Monday, February 5th, 1883.
Before Mr. Recorder.
NOT GUILTY .
285. JAMES HORSFALL TILNEY and THOMAS ELKINGTON , Unlawfully conspiring to defraud Samuel Tuckett and others, and to contravene the Debtors Act of 1869. Other Counts, charging separate offences against the Debtors Act. Other Counts, charging Tilney with aiding and abetting Elkington to defraud his creditors.
MESSRS. WOOLF and GREENWOOD Prosecuted; MR. E. CLARKE, Q. C., and MR. BESLEY defended Elkington.
HENRY ALFRED STACEY . I am Superintendent of Records in the Bankruptcy Court—I produce the file in the liquidation proceedings of Tilney and others—the petition was filed on 29th April, 1879—there are three restraining orders issued by Stanford and Co., Somers, and Giles and Co.—the receiver was appointed 30th April, 1879, and the first meeting of creditors took place on 14th May—the first statutory meeting was 27th May, at which the debtors presented their statement of accounts, showing liabilities and unsecured creditors 2,538l. 10s., on bills of exchange 158l., creditors fully secured 310l. 15s., estimated value of securities 498l. 3s. 10d., leaving a surplus of 428l. 12s. 9d. total assets—application was made to register the resolution, which was refused on 9th August—I produce the file of proceedings under the bankruptcy—Elkington's proof is 519l.
15s.—at the Statutory confirmatory meeting, Elkington voted in favour of the resolution—the petition was filed on 3rd July—these proofs were afterwards transferred to the bankruptcy file by order of Court—on 19th September, 1879, the first meeting was held under the bankruptcy, and Mr. Pannell was appointed trustee—the public examination was adjourned several times—Tilney was examined—I produce Elkington's proof under the bankruptcy; the amount is 423l. 11s. 9d.—it was re-sworn—on 19th September, 1879, objections were taken, and the proof was disallowed on 11th October, 1880—Tilney's liabilities were 359l. and his assets 39l.—I produce the file of proceedings in the liquidation of Thomas Elkington, dated 29th December, 1875—the first meeting was in January, 1876—8s. in the pound composition was offered, payable by instalments—on 27th November, 1876, a meeting of his creditors was summoned to reduce the last instalment to 6d.—it was not successful—the order compelling the full instalment is dated 29th October, 1876—Elkington made an affadavit as to his pecuniary position.
CHARLES LEGGATT BARBER . I am official shorthand writer to the Bankruptcy Court—I produce my notes of the examination of Thomas Elkington, and of Green, his clerk, on various dates, also the notes of Tilney's examination on 6th April, and 23rd May, 1881—the transcripts are on the file—they are correct (These transcripts were partially read).
CARTER THUNDER . I am one of the firm of Hughes and Thunder, of Budge Row, City—about February, 1879, Elkington applied to us for a loan on the mortgage of Wellesley House, and on I believe February 27th he paid us 5l. 5s. for a surveyor's report, on the house—we got this report produced from Mr. Tupman on 28th January—that was for our client's satisfaction, and upon that we agreed to advance Elkington 2,000l.—Mr. Large was acting as his solicitor—I received from him this abstract of Elkington's title to the property produced—I prepared a draft mortgage for 2,000l., and sent it to Mr. Large for his approval, and he returned it approved—on 13th March I got a letter from Mr. Large stating that he should be glad to hear from me, as Mr. Elkington was anxious about the matter, and should proceed without delay—the matter was pushed on, and completed on 24th March, 1879, and my clients paid the 2,000l., and received the mortgage deed—my clients have not sold the property, but we were applied to once to produce the deed—I don't remember having any notice to produce the deed, but I received a letter from Mr. Large on 27th May, 1879, and wrote in reply offering to produce it.
Cross-examined by MR. BESLEY. It was part of the arrangement that Mr. Elkington should postpone his charge, and that his should be the second mortgage—I did not trouble myself about the state of the accounts as I was to have the first mortgage—I do not think any value was stated on the second mortgage; it did not concern me—the red ink alterations are Mr. Large's—the amount stated to be due was 2, 200l.—the documents were in pledge, to the bank—the amount could not be definitely stated, the probability is that it would be 590l.—there was, I believe, an unascertained balance—no offence is committed by persons selling their property without closing the first mortgage—I do not know whether Wellesley House was actually completed when it was sold—my September interest on the 2,000l. is satisfied; it was paid half-yearly—there has been no transfer or release of my mortgage, or any notice—I
think we had one application to show it, but it came to nothing—I would not have acted on the second mortgage.
WILLIAM NOTSON . I am an officer of the London Bankruptcy Court—I produce an affidavit of Thomas Elkington, duly sworn before me on 14th May, 1879, under the liquidation proceedings—this affidavit (produced) under the bankruptcy was sworn before me by Elkington on 18th September.
Cross-examined by MR. CLARKE. There is nothing on it to show by whom it was prepared or written—Mr. Greening was appointed proxy on 18th September.
NICHOLAS BENNETT . I am a solicitor of Gresham Buildings—in February, 1877, I was solicitor for George Veal Colliver, in an action he brought against Mr. Elkington to recover 230l. for work done and materials provided—I produce the writ, and the contract on which the action was brought, dated 13th November, 1878, to complete Wellesley House for 270l.—Elkington appeared to that writ, and this (produced) it the original statement of claim, delivered on 13th March, 1879, for 230l. (A notice to quit the premises in twenty-four hours from Elkington to Colliver, dated 21th January, 1879, was here put in.) Here is a memorandum attached to the contract: "On the completion of your contract I hereby undertake to return your acceptance without any further consideration, as I have no claim upon it, but simply hold it as collateral security"—on 8th April Elkington produced a statement of claim—there was no counter-claim—the defence was that part of the work done by him was not done for Elkington, and admitting that he had paid 120l., and not 106l. only, and denying that he paid the work set out, on account, but for work actually done—there was a reply to that on 18th April, 1879, and a rejoinder in the same year—on 16th April, 1880, Elkington obtained leave to amend the defence to the action, and on April 17th he delivered an amended defence, and set up a counter-claim for green wood, but not for defective work—I amended my reply on 5th May, 1880, and on 25th May an order was made referring the action to one of the Masters of the High Court, and it came on on 22nd January, 1881, and was adjourned on the Master's suggestion that a meeting should be held to go through the question of extras and try and arrange; and a meeting was called at Mr. Jennings's office, at which I attended with my client, and Mr. Jennings and his client were present—I produce a statement of Colliver's claim, and my notes of what Mr. Elkington was willing to allow—he said that he had paid Colliver cash 120l. and for eight doors 6l.; glass, 24l. 12s. 10d.; 250 feet of moulding, 12s. 6d.; and cartage, 11s. 6d.; and we anticipated that something would be allowed for front doors and pulling down chimney pieces and refixing and other things. (Giving a number of figures, resulting in a claim of 149l. 18s. 1d.) His contract being 270l.—he made out that we were 87l. 5s. 6d. in his debt—he produced a statement showing how the 189l. 14s. 1d. was made up—this is an estimate of work necessary to be done to complete the house (produced)—they could not come to an arrangement and so the meeting broke up—I do not know of any action brought by Elkington against Colliver.
Cross-examined by MR. CLARKE. After that I did not proceed with Colliver's claim—I have known him some years—he has not always been successful in business, but he was not bankrupt to my knowledge—he was convicted here in October, 1879 (See Vol. 90, p. 854)—I employed no surveyor to go over Wellesley House; I think Colliver did, but I don't know who—I have had nothing to do with the premises or with how much has been spent on them.
WILLIAM HENRY PANNELL . I am a chartered accountant, of 38, Basinghall Street—I have other duties to perform, and have not attended to this matter personally—I was appointed trustee on 19th September, 1879—this is my appointment (produced)—I was not present at the first meeting under the bankruptcy when I was nominated, but Elkington's two proofs in liquidation and in bankruptcy were brought to me—the statement of affairs should have been presented at the first meeting under the bankruptcy, but it was not filed till about 20th January, 1881—the only property disclosed to me on the statement of affairs available to me as trustee was the book debts, 2,074l. 10s., valued at 171l.; two sums of 50l., as the assets of Moody and Flint; and a surplus from the bill of sale held by Elkington of 187l. 12s. 9d., making 458l. 12s. 9d., from which the preferential creditors would have to be deducted, leaving 410l. 12s. 9d.—I had only the statement of affairs under the liquidation to go by—there was a separate statement of Tilney under the liquidation, disclosing furniture, fixtures, and fittings at 6, Edward Street, Walworth, 15l., the remainder of the furniture having been seized by the Sheriff under an execution—there was also certain property in List G, 24l., being the lease of his private house—the lease of the premises of the firm was mortgaged by Mr. Leapingwell—he made a proof with regard to it—I did not obtain possession of any of Tilney's furniture at the time of my appointment—the joint creditor, Mr. Herridge, appeared for 300l., and made a proof of 205l. against the estate—Elkington appears in two parts of the statement, first as a secured creditor on the bill of sale from which the 187l. 1s. 9d. was to come, and then as partly secured for 4,039l. 15s., leaving a total of 3, 720l.—no property at Holloway was disclosed to me—I examined Tilney with respect to the bill of sale three or four months after my appointment—he gave me no information about it at the time of my appointment or about Holloway—he said that the bill of sale was worthless, but I found him in possession of the property comprised in it, I sold it, and it realised 450l. 9s. 10d. gross—the woman residing in Tilney's house claimed the furniture—I realised some small stock not included in the bill of sale, and some book debts—in October or November, 1879, I received information respecting a dustcart, and wrote to Elkington, and received this reply, in consequence of which I made inquiries with a view to tracing the cart—we had a letter from Randall saying that he had no cart in the name of Tilney—I ascertained that it was at Randall's—the auctioneer removed it—it was valued, and sold by Mr. Frederick Lewis, the auctioneer, for 10l.—it never came into my possession—shortly after my appointment I communicated with Mr. Elkington, and he called on me on 6th October, 1879, and produced some cheques and bills and books—I believe he brought his clerk with him—I asked him for copies of the entries in the books, either then or afterwards, and he declined to give them—he stated that he had books containing entries of each job, bathe never produced them,
and I have never had copies of them—the public examination was adjourned from time to time, and I had to apply to the Court for an order against Tilney for a cash account—he failed to comply, and eventually there was an order for committal—the only books Tilney delivered to me after my appointment were these four (produced)—there is no regular cash-book or customer's ledger—on 11th October, 1880, I rejected Elkington's proof under the bankruptcy—it was for 420l. 11s. 9d. as against a greater amount under the liquidation—Elkington applied to reverse my decision—the case came before the Court on 8th February, 1881, when Mr. Paget made an order—it was not refusing to take the accounts if he would take them, but he declined—it was entirely optional—Moody and Flint passed their examination on 8th February, 1881, and Tilney has not yet passed—Erridge's proof I had rejected too—before the examination took place Tilney placed in my hands the letters which had passed between him and Elkington—the examination took place, and the Bankruptcy Court directed me to prosecute—the Treasury have since prosecuted—Elkington rendered to me this cash statement, showing a balance of 589l. 17s. due from Tilney to him—it is headed "Statement of Mr. Elkington's account"—the 589l. 17s. is brought in, and it shows a balance of 423l. 11s. 9d.—that account was rendered to me about October, 1879, and in it he claims to have laid out 720l. 19s. 10d. on the completion of Wellesley House, exclusive of 72l. 2s. for 10 per cent, commission; and 12l. 18s. 8d. for interest—he debits me with the total received on the mortgage, 2,000l., interest 43l. 5s. 9d., auctioneer's expenses and commission on sale of the Beckenham property 425l. 19s. for completing the houses, exclusive of 42l. 12s. for his charge of 10 per cent, for personal superintendence, and interest at 5 per cent, of 13l. 9s. 10d.—that brings it to a total of 589l. 17s.—he charges interest on the total of his advances at various periods, and I believe without allowing any credit for the number of days for which the interest runs, and then he charges a running account of 102l. 13s. 2d.
Cross-examined by MR. CLARKE. I applied to Mr. Elkington for further particulars soon after I was appointed, and got these accounts soon after—an account was shown to me fur expenses for the completion of Wellesley House, Hampstead, from November, 1878, to May, 1879, 720l. 19s. 10d., but I have never had a copy of it—I did not see it personally, it was left to my partner; but the two books were produced at my office—I did not examine them, I deputed Mr. King to meet Mr. Green to go through the accounts, and he reported to me that he had gone through them more than once, and soon after that accounts were rendered to me—on August 23, 1882, I got the order to prosecute Elkington—I may have had Tilney's letter about March, 1880—during that time I required a settlement—the committee did not leave it entirely in my hands, they met as late as March 3, 1881, Mr. Tuckett, Mr. Giles, and I being present—Tuckett is the person who bought the dust cart—I reported the information Tilney supplied to me in all its steps, and he rejected Elkington's statement—I hardly think Mr. Jennings acted for Elkington at that time, I don't remember his interposing then; but all this was done by my clerk, who will answer several of your questions—it is not from lack of courtesy or from loss of memory that I cannot answer, but all these details were done by some one else—I never did anything in consequence of the resolution, but we were getting new information which materially assisted us, and I did not approach Mr. Jennings
with a view to a settlement, though negotiations with that view went on—I wish to correct that, I find on reference to the proceedings that I made application for a private sitting on 25th March, 1881, having received information from Tilney, so that I immediately took action—I had received from him the letters produced—I have been in constant communication with Tilney—he has been in my office two, three, and four times a week sometimes, but not at my request or desire—he once assaulted me in the office—I believe the initials on this paper (produced) to be mine—Tilney has been in my employ in these matters since March, 1881, but only to give information—he said that he had documents which would be of great use, and which would produce an estate, and declined to give them up without payment of 20 per cent.—I could get no information from him, nor could the committee, and I put it before the Committee of Inspection, and they, having failed to prick this bladder, as I may term it, instructed me to make an arrangement to pay him—they are here, and will corroborate me—there were several informal meetings—I have had considerable experience as a trustee, and know that I am bound to make a minute of every meeting of the committee, but this was not recorded—it took place at the time of the date of that letter—the memorandum is "Remuneration 20 per cent. on the amount recovered, such remuneration not to be less than 800l."—I should say that that was in March, 1880, because Tilney would give me no information till I had entered into that agreement—I have paid him money out of my own pocket since that, I have given him a half-sovereign or a half-crown, 4l. or 5l. altogether; in fact, I could not get him out of my office without—I have not put it down; I took it as a gift; he said that he was starving, and I gave it to him from time to time and made no record—I believe I gave him 1s. on the last occasion, but I do not think I have given him anything since I obtained the order to prosecute—he told me that 50l. alleged to have been advanced to Elkington by him was advanced, but that the money was returned the same day in a 50l. note—I cannot say whether that is the item which appears under date of 12th Oct., 1878, in the account T 1—this matter has been worked entirely by my managing clerk; he can answer the question, I cannot—Tilney told me some things, some of which are very unreliable, and I have proved them so—I consider that these are the whole of the minutes of the Committee of Inspection down to May, 1881—there are no other minutes—this book has been in my custody—there may have been meetings of the committee which are not recorded here, but I have no others—when the dust cart was mentioned I wrote to Elkington and asked if he knew anything about it; he said it had been sent to Rendalls in May preceding, but whether it had been removed or remained there he did not know—I wrote this letter of 4th November, in which I say "I understand the dust cart was removed"—I think I had the information from one of the Committee of Inspection, and wrote to three or four people, and among them to Rendall—the charge was 7l. 4s. for repairs, and it was sold to Tuckett for 10l.—he said that he never saw it—he is here, and I think will swear it—I complained, as Tilney informed me that the Holloway houses had never been sold to Elkington, and he had only a charge on them; I had no information from Elkington till 1880—he sent me an account in October, 1879, but made no claim in respect of those houses—I complain that the Holloway houses were not included
—I have debited Elkington in respect of them, I don't know to what amount; I would rather you would ask Mr. Kings; he had all the matters under his control—this is the account supplied by Elkington, showing that the estimated value of Wellesley House in May, 1879, was 2,770l.—that is the amount at which it was knocked down, and the sale was not completed in consequence of my refusal to concur—I have had the house examined, but do not know what it lets at—the estimated value of the four cottages at Beckenham is 750l., but Tilney estimates them at 900l. in his account—I have had no independent valuation—I don't know what the rents are—I did not investigate those matters myself—Elkington agreed that the bill of sale should be sold, and that they should be allowed to dispose of the whole property, and that 300l., less the costs of the sale, should be placed to account in his name and mine, and it still remains in my hands—that arrangement was made preceding the sale by Mr. Lewis, and the sale was soon after my appointment—I received the money, but I did not pay it into a joint account—I was always waiting for Elkington to do so—I did not do it as he did not ask me, and the committee always thought that they had rather the money should remain in my hands—I have received a letter from Mr. Jennings of 24th January, 1881—the account there referred to is the one in which I took Mr. Tilney's estimate—I have not seen the agreement, but I believe it was produced to Mr. Kings—I am aware that the auctioneer's charges on the attempted sale were 79l. 5s.—I don't know that Elkington has paid them—I believe Mr. Jennings once produced the deeds in my office—I did not go to him, but he said "Here are the deeds"—I did not ask for an appointment, but Mr. Kings was there—Mr. Leapingwell is the manager of a bank who put in proof of some hundreds of pounds and never substantiated it, but left the country—he claimed against Tilney, and it was not allowed—I believe Tilney complained to me that Elkington had got property which he had said was forfeited to the ground landlord—I do not know who the lessor was—I don't know Mr. Spalding—I did not inquire or cause inquiries to be made of Cooper and Golding, the lessor's agents—in my account against Elkington the costs and charges in bankruptcy are estimated at 300l.—it was thought by the Committee of Inspection that if Elkington made any restitution the costs of the bankruptcy should be included in it—the negotiations which had been going on represented a body of creditors; it was an endeavour to arrange the thing on a civil basis—I signed this agreement of 28th October, 1882, between Elkington and myself—the application to the Court was made but was not granted.
Re-examined. I had obtained the order of the Court to prosecute, but not the sanction of the Treasury at that time to take up the prosecution—I did not in any way communicate to Elkington that a criminal prosecution had been ordered against him—some one came to me on his behalf and made that proposal, and I agreed to it, subject to the sanction of the Bankruptcy Court, which was refused—I have to act entirely under the direction of the Committee of inspection by Act of Parliament—it is usual to hold informal meetings, more especially in a case like this—if I met two members of the Committee in the street, or at another meeting of creditors, or at a meeting at the Oval, it is not for, me to enter that as a meeting held—I did not personally see this account of the Hampstead property in the book—I made an arrangement with Mr. Jennings that
my clerk was to meet Mr. Elkington's clerk, and that the two together should go through the accounts—the pony trap and harness value 10l. 12s. 4d. in this account were Tilney's—I do not know who sent them to Mr. Rymer—the Committee of Inspection are both trade creditors—on 24th March I got an order for the examinations, and they extended down to December and afterwards—acting on advice, these proceedings were taken—when I agreed to give Tilney 20 per cent, no names were mentioned to me as to where the property was to come from—he had not given me up the letters, nor had I then seen them—the Committee of Inspection are our masters, and if they instruct a trustee to make an arrangement to give half the estate away to realise the other half, it would be done.
Cross-examined by Tilney. The signature to this letter (Produced by Tilney) is mine—you insisted on having it signed and I submitted it to the Committee before I signed it. (Undertaking to pay Tilney 20 per cent. on all amounts recovered.)
W. H. KINGS. I am Mr. Pannell's managing clerk and am a chartered accountant—Mr. Pannell has a large business and does not attend personally to every matter in his office—I attend to the business almost entirely—I was not present at the first meeting under the bankruptcy—I remember Mr. Pannell being appointed trustee in 1879, and his communicating with Mr. Elkington, who called with his clerk in October, 1879, and produced a number of cheques and bills and one or two books—I do not think he produced his bill book—this book (produced) purports to be a detail of the 750l. for the completion of Wellesley House, and of the 400l. for the completion of the Beckenham property and the details of the running account—further entries have been made in it since, to the end—neither of the books disclose that he had contracted for the completion of those houses at Beckenham and Wellesley House—the payments are entered "wages 10l.," "wages 20l.," "wages 50l."—neither Culliver's or Ready's name appears—they appear to have been written there at one time—the receipts were produced and I asked who they were paid to, and it was said that those persons were the foremen—I asked for copies of those entries but they refused them—I had the statement of alterations before me showing 790l. 14s. 10d. for Wellesley House and 425l. for the Beckenham property—the interview lasted about an hour—the books were not produced till the second interview, and that was the only occasion on which I saw them, and it was then that I was refused copies—it was not stated that there was a pony, trap, and harness, but on Elkington being challenged he said that he had received the 10l. 12s. 4d.—that was within two or three months of the bankruptcy, and after Mr. Pannell's appointment he did not pay the 10l. 12s. 4d.—it is not included in this account—Tilney said that he thought some sawing tackle had been received by Elkington, who said that he never had any—I first heard of the Holloway property about October, 1880—nothing was disclosed in the statement of affairs—the other statement under the bankruptcy was not tiled till January, 1881—I knew nothing of it till I heard of it from it from Tilney—no mention was made of it by Jennings—both the books delivered up to me are twelve months before the liquidation petition, except one pass book and this small black book which seems to have been made up for the occasion—there is no general cash book, and the ledger was stopped some months before—it is the later books which I want—I have examined this book of
Tilney's and endeavoured to trace the moneys paid in and out by him to Elkington, and the result shows a balance of 160l. or 180l. due to Elkington—that does not take into account the 570l. which Elkington received in respect of the Wellesley House property, but in the 160l. Elkington has been credited with the bills which he had to take up at the bank when he took up the deeds, so that 400l. has been taken into account, but it does not touch the 470l., the payments and receipts are exclusive of that—there is no entry in the pass book between the 14th and 23rd September, but on the 23rd there is an item of a loan from the bank of 400l., and nothing further was paid in till the 28th, no bills discounted, only his own promissory note discounted by the bank—the latest account previously is on the 14th, 140l. cash, and 350l. bills discounted—on October 18th 300l. was paid in in one sum—25l. was paid in on the 11th—the balance of 180l. takes in all items from Elkington, and all payments made to him except the first mortgage of Wellesley House—I have not been able to trace any other sums.
Cross-examined by MR. BESLEY. I was not present at the meeting of 24th September, 1879—I think I first saw Mr. Green on 6th October, 1879—this letter of 29th September is from the solicitor for the trustee. (Consenting to the disposal of the property under the bill of sale.) That was sent to Mr. Large, and was accepted with a provision—the joint account was never opened, and I received the 400l., less charges—I did not look at the bill of sale to see whether the pony and cart were included—I am not certain that they were not sold before the liquidation petition—when the proposal was made he told me at once where it was sold and what it fetched—I did not send a letter requiring him to pay the amount into the joint account, that I might add it to the moneys realised by the bill of sale—it was left there—I keep a record of all the hours in which I am employed in the matter of a bankruptcy, but I have not got it here—I only saw Mr. Green twice to go into the accounts—I should be very much surprised to hear that I went into the matter eight times—I reported to Mr. Pannell the result of my inspection of the accounts, and he reported it to the committee—I represented that Colliver and Ready were foremen—these 12 vouchers (produced) are, I believe, those which were produced to me and checked by me against Elkington's book; every one of them shows that Ready was paid by Elkington on a contract—it was explained that that was not an ordinary contract, but he made a contract for his supervision—I adhere to what I have stated, that Ready was a kind of a foreman, and I swear that Green told me so—the contract was not shown to me—with regard to the Beckenham accounts, I cannot remember whether all these vouchers (produced) were shown to me; they may have been—there are pencil ticks in the book against the items, showing that they have been actually checked with vouchers—the ticks may be mine; I cannot say from memory, but I believe they are, and that every voucher was handed to me—I persist in swearing that Ready's contract was not shown to me—I have never seen it till now—in the first voucher, dated 14th September, 1878, Elkington's name has been substituted for Ready's—the Beckenham account in this book is checked with my ticks down to the last stonework, 37l. 7s. 11d.—the total, assuming that the cheeks are correct, is 425l. 19s.—this contract (produced) to complete Wellesley House for 270l. was not shown to me—I cannot say whether these are the vouchers with which I checked the Hampstead
accounts—they may have been produced as vouchers for these payments—some vouchers were produced and ticked off by me—I did not notice at the time that Colliver had given all his receipts as for contract work—I suppose I looked at the vouchers—I adhere to what I swore, that Green said that Colliver was a workman, but I cannot say whether I took the trouble to look at the vouchers; it is four years ago—I have said before to-day that Colliver and Ready were represented as workmen—I was present once when Green was examined, but did not suggest to Counsel to put the question to him whether Colliver and Ready were workpeople, because it was the private examination of Elkington, and it did not occur to me—I have no doubt these accounts and vouchers were produced—I should think nothing like 10 hours were occupied by me in going through the book with the vouchers, and I should think not six hours—my diary of the hours I was employed is at the office—I was not told all about Wellesley House before Colliver and Elkington, and I heard nothing about it from Mr. Green for a year after the bankruptcy; that would bring it to September, 1880—I do not think I had a conversation with Green or Elkington about Colliver's action—I think I went through the accounts with Green, and not with Elkington—I do not think Elkington's pass-books were produced, I saw his cheques and bills—I should not like to swear that I did not check the cheques with entries in the pass-books—every item in Elkington's accounts is vouched by bills and cheques, including the 50l. about which there was a muddle as to the authority to pay it to Flint—I prepared account "C" in October or November, 1880, I think—I know nothing about any arrangement to give Tilney 20 per cent, on all money got from anybody—the body of this agreement is not mine; it looks like Mr. Cartwright's, Mr. Pannell's partner—these are Mr. Pannell's corrections, striking out certain words—the conclusion of this letter is Mr. Pannell's writing—the account "C" had not been prepared at that time—I prepared it by Mr. Pannell's instructions; I did not know what it was for, and I am not responsible for the figures—I knew that they were Mr. Tilney's valuations—I think if that account had yielded any money it would have been subject to the agreement of October, 1880—I was present when Tilney was examined on 6th April, 1881—I agree with Mr. Pannell that some of Tilney's statements were not trustworthy, but not all those which referred to Elkington—I should not believe simply because Tilney stated it that the bill of sale and the promissory note of 6th January were not written till 9th April—I should inquire whether there were facts to support it—I did not inquire of Mr. Large whether Mr. Duncan was paid for a consultation on that very day, because our solicitor was moving in the matter—I did not inquire whether a promissory note had been given on January 6th—I did not find that the ground rent of Wellesley House was 2l. a year and not 30l.—I heard 150l. a year mentioned as the rent—the house had been just put up for auction, and 2, 770l. had been bid for it in May, 1879—a great deal would depend on the ground rent—if I attended a meeting of the Committee of Inspection I should draw up the minutes—none of these minutes are in my writing—I believe there have been no formal meetings since this last date—the votes for Mr. Pannell's remuneration amounted to 100l.—Mr. Giles was a receiver under the liquidation and bankruptcy, and was subsequently appointed under the Committee of Inspection—this further 25l. was because he had had an
allocator, which was 100l.—he had had something on account, and there was a further payment—there is still about 15l. owing on his allocator—Trickett does not get an allocator too, he has done no work.
Re-examined. Ready and Colliver's names do not appear on Elkington's books—Ready's vouchers are entered there simply as "Wages" or "Paid wages," and the same with respect to Wellesley House—the 300l. on the bill of sale and the interest are still intact in Mr. Pannell's hands—that is the proceeds of the sale, minus the proportion of the costs—Mr. Giles was appointed receiver under the liquidation proceedings in the place of Mr. Leapingwell, and it was therefore our duty to pay his taxed costs; if we did not we should be compelled—we have received about 350l. on Tilney's estate, not reckoning the 300l. on the bill of sale—that is the whole of the joint estate—I have reason to believe that some of Tilney's statements were trustworthy—this bill for 200l. of 17th January, 1879, is accepted by Tilney for Elkington—I cannot say whether it is an accommodation bill; it appears on the other side of the account, and he has charged 10 per cent. in the general account for his accommodation—it is drawn by Elkington on Tilney, and is payable at Tilney's bankers—it does not appear to have been paid into the London Joint-Stock Bank—in Elkington's pass-book, under date of 20th January, 1879, he is credited with Tilney's bill discounted for him by his bankers, "Tilney and Co., discount 200l."—that forms part of the 1,760l. mentioned in the statement before his Lordship on which 10 per cent, interest is charged—there are various bills and cheques which were admitted to be paid by Tilney to Elkington—the various payments are not taken into account; it is charged in a lump sum—this bill was dishonoured on 20th April.
FREDERICK CHARLES THOMAS . I am a clerk in the London and Westminster Bank, Lambeth Branch—this bill for 200l. was discounted there by Tilney on 1st March, 1879—it is an acceptance of Elkington's in Tilney's favour—Tilney also discounted these two bills of 100l. each on 30th December, 1878—this cheque of Elkington's for 399l. 9s. of 24th March, 1879, is a separate credit; it does not show that it was to take up those three bills—it was presented and not paid, and marked "Effects not cleared, present again to-morrow"—it was paid on the 25th by the London Joint-Stock.
Cross-examined by MR. CLARKE. I was not present on 24th March, nor was the arrangement made through me—the amount due to the bank was 1,350l., and the cash paid in that day was 1,386l. 16s. 2d.—Tilney had had an account some years—1,350l. was due on the deeds alone, and there was an overdraft of 36l., and besides that there were three bills running—the 1,386l. was paid in, and Tilney drew against it—11s. was allowed for rebate.
ALFRED RENDALL . I am clerk to H. W. Rendall, cart and van builder, of Stoke Newington—the business is carried on by the executors—it was carried on by my uncle in 1879; he is dead—in May, 1879, a clerk who is dead received a dust cart; I cannot find any order—we often receive them without orders—we never did any work for Mr. Tilney, but we have worked for Elkington's for some years—this entry in the book is in the deceased clerk's writing in the ordinary course of business, "To a new pair of wheels"—the trustees applied for the cart, a correspondence passed, and it was delivered to Mr. Pannell.
CHARLES TUPMAN . I am a surveyor, of Hampstead—on 28th February, 1879, I surveyed Wellesley House, Hampstead, at Mr. Thunder's request—this is my report. (Valuing the house at 3,000l. subject to the ground rent of 30l., and stating that it would be likely to increase to 3, 500l. on a three years' lease.) That is correct—the man who was minding it asked me 210l.—the house was very nearly complete; several men were putting on the last coat of paint, the walls were unpapered, and I believe the ceilings were unwhitened—it would take about 10 days to finish it with the number of men there.
Cross-examined by MR. CLARKE. Practically it was a finished house—I am not aware that the ground rent was 32l.—the house was unlet then; it let very soon after I think—I never heard till yesterday that it let for 150l.—I should not think 150l. sufficient with a ground rent of that description on it—a house at 210l. with 30l. ground rent would give a profit of 180l., but at 150l. it would give far less—I could have let the house at 210l. or 220l.—I am a house agent.
HENRY READY . I am a surveyor, at Beckenham—I was introduced to Tilney at the end of 1877, and he introduced me to Elkington in August, 1878—this is my diary, which I enter up every evening—here is an entry in it on June 19, 1878, "Met Mr. Tilney, and went with him to Mr. Green, his solicitor"—I sold Tilney the carcases of four houses in Arthur Road, Beckenham—the floor joists were in, and he had expended at that time about 200l. on the four houses—I don't know what has become of the contract between me and him, it is so many years back—there was a contract for 400l., and he paid me part of it, not all in cash; there was 80l. or 90l. as far as I can remember—those (produced) are the receipts he gave me between 6th July and 31st August. (These amounted to 178l.) I don't think that was all cash—he supplied me with slates, timber, and flooring, which I think was put down as cash—if it is put down "By materials 165l.," I never had materials to that amount—I never saw the account of the materials—I believe some came after I gave the receipt—he sent flooring, which he should not have sent till the roof was covered—there might be 30l. or 40l. of flooring—I have an entry on 4th September, 1878: "Tilney. Met him at Mr. Thomas Elkington's, and I consented to finish his house for 179l., he finding all masonry and internal doors, on which occasion he gave me 10l."—he had abandoned the work—I had half finished them—they were not in carcase then, and on 14th September the contract is entered to Elkington—taking the work I had done since June the houses could have been finished in September for 179l.—Tilney having undertaken to supply the masonry and internal doors, which together would cost about 50l., that with the 179l. would make 240l.—this (produced) appears to be a copy of the contract; the language appears to be the same—no specification was attached to it—I never saw this elaborate specification of five or six pages—I went on working under that contract from September 14, 1878, and received from Tilney or Elkington from that time down to 2nd December the sums named in these receipts, making 164l.—about 2nd December Elkington took possession of the houses and determined the contract—he gave me 4l. that day; he left it at a public-house for me—he owed me less than 20l.—the works could have been completed for that amount—Elkington did not supply me with iron-mongery for that job.
Cross-examined by MR. CLARKE. I was finishing four adjoining houses for him, for which he supplied ironmongery—I had a contract—Mr. Cole advanced me a mortgage, and I believe Elkington bought them from Cole—I was not communicating with Cole while I was finishing them—the building agreement was from me to Tilney—I got the lease from Mr. Harker—I never built for the leaseholder—I took a lease of the land on which 48 houses might be put from the same freeholder—there was not a separate lease for each piece of land—some persons bought for four houses, some for six, and some for two—I built 48 all in a row, but they number up to 52, as there is a piece of land between them which is let to another person—I built 49, 50, 51, and 52 for Mr. Cole, and the next four for Tilney—down to 2nd December, 1878, Elkington had something to do with the other four houses which Cole was connected with, because on that day his man went into Cole's houses and took away my bedstead—I should think Elkington had paid me 100l. on those four houses down to December 2nd, 1878, but I have no entry of it—previous to September 2nd he gave me cheques on his banker, in Smithfield, and I used to go and get the money there—I never was a builder—I never took a contract—I always built for myself, but I got into mire and mud with Tilney and others, and have had to get out as best I could—I built five houses at Colney Hatch and eight or ten at Hounslow—I was a rate collector at Hounslow thirty years ago, and left seventeen years ago under satisfactory circumstances—there was no difficulty about the rates—complaints were made and I resigned—I call that quite satisfactory—I have been seventeen years building houses at Beckenham, and I have been surveying besides—I am not an agent for Stubbs—I am agent for a fire office—I never was agent for a trade society—I acted last week as surveyor for Mrs. Purver, at Hounslow; and for Mr. Parkes, at Backenham—I have never been in liquidation—Mr. Cole undertook to lend me 400l., and handed it to his brother-in-law, Mr. Bassil—I had 210l. of it and never saw the rest—Mr. Bassil is well known to Tilney and Elkington; in fact, Tilney's 500l. I never had; Bassil had it—I heard when he became bankrupt that Tilney gave him 500l. on my houses—George Elliott was a carpenter in my employ at Beckenham, and nowhere else—until I saw him here this morning I had not seen him for a week—I never received 1/4 d.-worth of Elkington's timber to be used on those four houses to my knowledge but I have from Tilney—I never heard till to-day of timber of Tilney's being put into those houses and taken out again and taken elsewhere, and I don't believe it now—new timber was being used jointly between the two houses, but work was never taken out—it is likely a man might run from one house to another and take a bit of stuff—I have never ordered the men to come out and go into Elkington's houses when I knew he was coming to look after them—I have had a great many Clarks in my employ; I think I know who you allude to, a man whose name I never knew, but it might be Clark, he was Elkington's foreman—he broke into Mr. Cole's houses and took away the timber and cleared the benches, and I got a policeman and took him in custody—I broke open the door of one of the shops, when the carpenter collared me going into the premises, and two or three of them tried to prevent me—I know Green very well, but don't know his Christian name—no man named Joseph Green was sent by Elkington in 1878 to look after me at work in those houses—I never had an over
looker since I was born to my knowledge—there were eight or ten men of Elkington's when two could have done the work—my men were doing it down to December 2nd—I may have had five or six men, perhaps only one, when Elkington took to the job, as there was so little to do—I don't say his eight or ten men were at work, they were playing at mouse-trap all over the place—they were there a fortnight after December 2nd—I saw a great many more men playing a month after, or if I said three or four months I should not perhaps tell a story.
Re-examined. There is no ground for the suggestion that I left Hounslow owing public rates—I paid all I owed—never a penny was charged to me—the complaint was about my collection.
WLLIAM J. SPERRING . I am agent for Stone Brothers, Bath stone merchants—I am a creditor of Tilney's—I was appointed to inspect his stock-in-trade and books and report to the creditors—I inspected the stock, but got no books—I attended for the purpose of seeing them at Mr. Green's office, his solicitor; and some one representing Mr. Green said that he had gone to Brighton after the appointment had been made, and that the books could not be seen—I often went to the bankrupt's premises in 1878 and previous years—I saw the ordinary business books, but not those which I have seen in the trustee's possession—the amount of the debt was 27l.
Cross-examined by Tilney. I received no remuneration.
SAMUEL TUCKETT . I am a stone merchant, of Victoria Wharf, Millwall—my firm were creditors of Tilney and Co. for about 80l.—before the first meeting under the liquidation Tilney came to my office and told me he was in trouble and wanted my advice—he only wanted time and he could pay 20s. in the pound—he asked me to go and see Elkington, which I did, and as I went into Elkington's office I saw a very valuable stone trolly with Tilney's name on it—that was before the petition was filed—Tilney went with me, and we saw Elkington, and had a conversation about Tilney's affairs, but nothing was said about paying 20s. in the pound, but simply that he was in trouble and could not pay his creditors, as he had had some severe losses and wanted time—nothing was said about the stone truck—Elkington was very reticent and nothing came of it—I was chairman of the committee appointed at the first meeting—I went with Mr. Spelling and tried to get possession of the books, but we failed and have failed ever since—I opposed the resolution of 2s. in the pound, and Tilney went into bankruptcy—I was appointed at the first meeting one of the Committee of Inspection—I saw the dust cart once in the street when the receiver was using it, carting stone from Tilney's yard, and I afterwards purchased it—Mr. Lewis had valued it at 10l., and his colleague, Mr. Giles, had used it frequently, and he said that it was a fair price.
Cross-examined by MR. CLARKE. I do not know that any question has been asked of Elkington about the trolly since it was seen in the yard—I don't know what became of it; I believe it is included in the bill of sale—I don't know whether it was sold—Mr. Pannell, Mr. Giles, and I have had the management of this matter for three and half years—I agreed with Mr. Pannell that Tilney should have 20 per cent. of the money recovered from the creditors—it was left with Mr. Pannell to make the best agreement he could with Tilney, which was done in Mr. Pannell's office—800l. was named—I did not hear it had been agreed upon—I
don't remember 20 per cent.—I fetched away the head and tail boards of the dust cart.
Cross-examined by Tilney. I have known you a number of years, and you have paid me a large amount of money at times—I never had reason to doubt your honour till these proceedings were taken—I have discounted your bills, and they were always met—my son acted for me at the sale—I don't know of your being in a destitute condition; you applied to me for assistance and I told you I would assist you if I got the books.
Witnesses for the Defence.
GUY MORGAN O'CALLAGHAN . I was an articled clerk in the office of Mr. Large, the solicitor—on 18th October, 1878, I attested Tilney's nignature to this assignment of some houses in Yearborough Road, Holloway (produced)—I also witnessed the release by Sladen of his interest. (This was a mortgage by Elkington to Martin and Francis, of four houses to secure 1,000l., dated on the same day as the assignment to Tilney, and a further charge of 800l., making 1,800l.)
Cross-examined by MR. WOOLF. I did not conduct the negotiations—I only witnessed the signatures.
GEORGE GREEN . I have been clerk to Mr. Elkington 10 or 11 years at his Golden Lane office—his business was very large at one time—on 6th October, 1879, I went to see Mr. King, Mr. Pannell's chief assistant, and took this book with me; it is my writing, and the account with respect to Wellesley House is kept separate—I made it up—I went through it with Mr. King—it is within my knowledge that the sums charged were actually expended—it gives the time and the charges, but not the description of the work—although it does not mention Colliver's contract I produced to him those receipts—I am quite positive I never stated that Colliver was a workman employed by Mr. Elkington—I called on Mr. King three or four times after 6th October—I went through the account with him—I produced the cheques and vouchers to Mr. Pannell, and a gentleman was sitting there, and I went through the book with him—I don't know his name—Mr. Pannell read the cash statement on 6th October the first time I called, and compared the cheques with the dates—he made no observation on the cash account—I got there about 11 o'clock, and remained till 2 o'clock—the principal part of the time was occupied in going through the books with Mr. King and showing him the vouchers—the Beckenham account is also in my writing—I showed him the vouchers, and he had abundant opportunity of examining them—as he marked them off I put the documents aside—I remember giving him Mr. Ready's receipts—I did not say that Ready was a workman of Mr. Elkington's—these are the same receipts; they were all shown to Mr. King, and I went on another occasion, and went through them with him—that was a shorter interview—I went again one Monday morning and showed him all the vouchers—we were altogether five or six hours going through the vouchers, but I did not book the time—I did not then know of the purchase of the Holloway houses—I was present at Golden Lane when Elkington handed some money to Tilney, but I don't know the amount—it was a long time before I went to Mr. Pannell—Mr. Elkington told me what the payments had been for, before I went to Mr. Pannell.
Cross-examined. Mr. Elkington keeps a cash-book and ledger, showing all the moneys he receives and pays—here is the ledger and the daily
cash-book for September, 1878, also the cash-book between September, 1878, and April, 1879—the first entry of dealings with Tilney is "15th August, 1878, Tilney 30l."—there is no entry of any payment to Tilney in September, 1878—the book is kept by me—I did not enter all Mr. Elkington's payments in it, nor were all his payments entered by me, but all the general payments were entered by me in this book—the 30l. in August was on the general account, which had been running for some length of time—I think there was another cheque for 17l. to balance it—the next entry of a payment to Tilney after the one in August is 100l. on November 1, 1878—part of those entries were made up as to Wellesley House and Beckenham, from other books and vouchers—I do not know to what date, or how many days or hours before I called on Mr. Pannell in 1879—it was not the day before—there is nothing on the face of this document to identify it with Wellesley House or Beckenham—he dealt with Kennard and Bailey for ironmongery—we order the goods for specific jobs, but sometimes we keep them in stock—they are all made out like this, without specific reference to the houses—Mr. King asked me to leave the books and the vouchers with him, but I said "My instructions are to take them away," and I did so, and from that day Mr. Pannell never had them to keep them, but I called there three or four times, and produced them, and saw Mr. Pannell twice, and after that I was referred to Mr. King—I have produced them to him—I was never asked to supply them with copies—I did not enter the payments to Ready and Colliver as wages, in the book, but they are all described as wages—I entered them from the receipts, which I believe I had before me—I knew of the contract—I can't tell whether Mr. Elkington told me not to enter them under the contract—they were not actually wages—I don't remember anything about it—I saw money pass, and bills and cheques also—the payments are entered as wages in 1878, and early in 1879—I did not say that Ready and Colliver were foremen; nothing of the sort—I did not have a white mare, or any property of Tilney's or his partner's—I know nothing about it—I did not take the inventory of the bill of sale—I was sent by Mr. Elkington to take it, but somebody else did it—I was not told to include the furniture in the private house in the bill of sale—Tilney owes me nothing—I did not claim to be a creditor for 100l.
Re-examined. I entered them as wages from these receipts, which were on account of contracts, which I produced, to Mr. King, but it might be a clerical error—Mr. Elkington dealt with a good many people for materials, and had materials supplied for different jobs—when documents came in I marked them to show what goods had gone out on one job and what on another—this (produced) is an invoice for iron frames and sashes—there is a note, which I made in the ordinary course of business, to show to what job the things had gone—the foreman would give a ticket, and I should post it—having got the invoice from Thomas and Platt I marked it to show what job the things were to be debited to—many of these invoices are marked 317; that refers to the number of the folio in the board-book or ledger—here is "Ritchie, Hampstead," that is for laying out the garden of Wellesley House—I afterwards went through the accounts, and picked out those with respect to Hampstead, and took the accounts for Mr. King to inspect—I was instructed to bring them away—they never asked for copies to my knowledge—where "Hampstead" is written in the wages—sheet it was done by his foreman, to show Mr.
Elkington to what job he was to charge the expenses, and it is the same with regard to Beckenham—I had nothing to do with Mr. Elkington's purchases of properties—this book contains nothing about that—I produced his pass-books.
By MR. WOOLF. The receipt of the 571l. 5s. 6d. for the mortgage on Wellesley House was on 25th March, and that amount is entered in the cash-book—I did not know what the 2,000l. was for till you asked me the question at the Bankruptcy Court—I have no books to show that—that would be less 399l. for taking up the three acceptances.
By MR. CLARKE. After paying off the bank charges there was 571l. balance—Mr. Elkington paid 400l., and that being a cash balance was entered there—I have it on the other side as 399l. 19s.—I have got No. 1 account.
HENRY WILLIAM REFFELL . I am a clerk to Mr. Large, and was so on 6th January, 1879—this is my signature as a witness to the agreement executed on that day—I know Mr. Duncan, of Stone Buildings, but I did not go to him that day—the body of the promissory note for 300l. (produced) is in my writing, and I believe it was given at the same time—I don't remember seeing it signed.
Cross-examined. I saw Tilney sign this agreement—Mr. Elkington was present, and I believe Mr. Leaver, another clerk of Mr. Large's—I was called in to attest the signature—I don't know why Mr. Leaver did not attest it—I don't know whether I kept a diary at that time, but I can say that this was executed on January 6th—my attention has not been called to it since, but I remember it being written, and I know the writer, Mr. Large's managing clerk—I saw no money pass.
Re-examined. It is all in the same writing—I saw it signed on the day it bears date—the date was in at the time—I recognise my writing.
THOMAS DISNEY LEAVER . I was articled clerk to Mr. Large, a solicitor, of Gray's Inn, in 1878 and 1879—I am now a solicitor—Mr. Large was then Mr. Elkington's solicitor—Mr. Elkington carried on a large business as a builder, and had a great many transactions, leases, mortgages, and work of that sort—I kept entries of my attendances, or if I did not keep them myself I gave them in shorthand and they were taken down—here is an entry on 6th January, 1879: "Attending you in a long conference, when you stated that Mr. Tilney wanted to borrow 300l., &c."—I do not know whether that is my entry; there is nothing to identify my attendance when the entry is taken in shorthand by the clerk, as we only keep one book—here is another entry on the same date, "Attending Counsel," &c.—it is marked "6th January, continued"—Mr. Large's bill of costs was made out from this diary—I did not make it out—this is it (produced)—here is "March 5. Attending you when you stated that Mr. Tilney had a bill of sale from you"—then there are instructions for bill of sale and folios, and attending him and making fair copy—I find no entry of March 6th or 9th—here are entries on 13th, 16th, 17th, 19th, and 28th September, 1878. (These related to writing to and attending Mr. Hill, and attending Mr. Leaping well; also to business connected with the Holloway property.) Mr. Hill had an equitable charge on the property, which Elkington paid off; I think it was 100l.—a cheque for 1,000l. was drawn, and I went to the bank and paid Mr. Neal 100l. of it—Mr. Hill gave me
this receipt for 937l. 1s. 10 1/2 d., the amount of the principal and other charges—it was really the money owing from Mr. Glegg to Mr. Hill—he borrowed it, and it was completed the same day—it was paid by Mr. Elkington—here is the original cheque given to Mr. Neal and endorsed by him—Mr. Large signed it, and I cashed it—it is dated 8th October, 1878—I don't think it was cashed till the 15th—the actual completion of the matter with Glegg was on the 15th—I have the entry, "Attending you," Mr. Elkington, "and handing you balance of 1,000l."—he had been spending money on the property in building—he had received notice not to do it, and we gave him some small consideration; I think it was 20l.—on 24th March I attended with Mr. Elkington at the London and Westminster Bank in Southwark. (Reading the entry.) I was present and saw 1,400l. paid to Elkington—Messrs. Battenshaw, the mortgagee, borrowed 2,000l., and after deducting 450l., they handed over the balance—something like 30l. was paid for overdraft—I know everything was paid up, and we got the deeds—a client of Messrs. Battenshaw's advanced the money.
Cross-examined. I don't think I prepared the document of September 17th, 1878, "I hereby assign my interest in the houses at Yearborough Road, Holloway," and I don't think I ever saw it—if it was drawn up in Mr. Large's office, I fancy Mr. Neal drew it up—he is not here; he is in a bad state of health—this document (produced) is not in the writing of any one in the office, nor do I know anything of the 200l. mentioned in it—I don't think I was present at the completion of the assignment of the Holloway property—I did not see the money paid by Elkington—I think I attested one of the deeds; Mr. Large paid the money by his cheque—that was not the 1,000l. lent to Elkington on mortgage; it was the 1,000l. which paid Hill off, and we gave Elkington the balance, about 63l.—Hill was paid off by mortgage raised by Elkington—our client was the mortgagee—I prepared the bill of sale and had the agreement before me, but I did not recite it, because Counsel advised me not; he thought there might be a point under the new Bill of Sale Act—I knew nothing of the consideration for the bill of sale, but I understood that Tilney had given a promissory note, and had promised to give a bill of sale—I knew nothing of the letter Elkington had written to Tilney till a week or two ago—I did not draw up this document of 6th January; I have no doubt Mr. Neale did—Mr. Large attended the conference of Counsel on the 6th, and I attended on the 9th—my duties commenced on 9th April—I drew up the mortgage of 5th November, 1878, in reference to Beckenham and to Wellesley House, and carried out the mortgage to Messrs. Hughes and Co.'s client entirely—I approved of the draft, with a few slight alterations, which are, I think, in my writing—the moneys I paid to the bank were the proceeds of the money paid by the mortgagee, and the balance was paid to Mr. Elkington.
Re-examined. This agreement of January 6th is Mr. Neale's writing—he is an invalid, suffering from heart disease—this is Mr. Roffet's signature, and the books show that a conference took place with Counsel at the time—in fulfilment of that agreement I had to prepare a bill of sale in April, which I did, and had a conference with Mr. Duncan, and its effect was fully discussed.
did was with my superintendence and knowledge—Mr. Neale prepared the agreement of January 6th with my sanction—I saw Mr. Duncan with regard to it—all the other matters have been carried out in the ordinary way of business with my sanction—I gave my cheque for 1,000l. on this assignment—I know nothing about the other houses; I never attended to any of the details—these assignments were prepared in ray office, and were I believe executed on the day it bears date, October 18th, 1878—I would not allow a document to bear an untrue date.
Cross-examined. I never saw the document of 17th September, 1878, and know nothing of it—I never saw any money pass between Elkington and Tilney in respect of the Holloway property; how could I? I was never present.
WALTER SECKHAM WITHIERINGTON . I am a surveyor, of 79, Mark Lane, and fellow of the Royal Institute of British Architects—on 4th February, 1879, I surveyed Wellesley House, and reported that it would take 189l. 14s. 1d. to fit it for habitation—I surveyed it again in June, 1880, with Mr. Gordon—it was then virtually completed, but it had gone into disrepair—I was shown Mr. Elkington's report in the book marked "Hampstead"—I again surveyed the premises, and made this report (produced) on 22nd September—in December last year I had before me Mr. Elkington's statement of the money expended on the house, and went over the house to see how far my judgment coincided with his—I dissected his account—my first estimate of 189l. was based on the fulfilment by Colliver of this agreement to complete the premises for habitation, and the amount I arrived at was 671l. 1s. 8d., to which must be added 38l. 1s. for work done there, or money expended, which had been omitted, and which I found there—that gives a total of 709l.—I have 19 pages of foolscap making up the details.
Cross-examined. I have known Mr. Elkington since 1867 more or less—I am one of his bail, but that was matter of accident—Mr. Large is his bail—he had been committed for trial when I went down to make this survey—by my report of February 4th, 1879, I show that 120l. had been paid by Elkington to Colliver, 46l. 13s. 4d. for goods supplied, and that it would take 149l. 14s. 1d. to complete the building according to Colliver's contract—there was a balance left of 86l. 7s. 5d. to complete the contract, but it does not say that Colliver owed it to Elkington; it was for work which had been done—that was got out, I think, for the purpose of Elkington defending himself against Colliver in February, 1879—I heard Mr. Tupman's evidence to-day—he surveyed the premises on 28th February, 1879, 24 days after I did, and I still say that on February 24th, when Elkington took possession, all that work was required to be done—that amount does not satisfy me now at all—a good deal more has been done—the account furnished me by Elkington, from which I worked, was a fac simile of the entry in the book—Mr. Jennings gave it to me—I had no exact means of separating the work done while Colliver was working there from the work done after he left, but there were items of wages which I knew had been paid to Colliver—I also took the 189l. 14s. 1d., which he should have expended as I understood it had been expended—I also took the items paid the solicitor for charges, and included them—the charges were for costs of mortgage and keeping a man in possession—I endeavoured to eliminate from Elkington's account the items which did not occur in mine—I extracted from his account the items which did
not appear, and so arrived at the grand total of 620l.—I can account for every figure.
Re-examined. I was instructed by Mr. Jennings—I was aware that the question was how much he was out of pocket in respect of Wellesley House—I was shown the receipts for the solicitors' charges and other items, which I could not test, and which together came to 68l. 8s. 4d.—the 189l. which I arrived at on my first survey, was for the value of the work included in Collivor's contract, which had not been done—his contract was a very loose one—this (produced) is the copy which was given to me; I marked it in red ink, and as far as I can judge of the materials and labour, I can account for the whole whole within 11l., and in detail too—I do not give the general items—I am ready to give the details if they are challenged—Mr. Large being in Devonshire, I had not the least hesitation in becoming Elkington's bail.
By MR. WOOLF. When I made my report in 1879 I had no exact means of proving what work had been done before Colliver's contract, and what afterwards, but I made a report in June, 1880, which did show it, and the difference between the two would be what was done before—the general carcase had been done at the date of the first report, and what Colliver had done was the doors and staircases—that was all the means I had—Colliver had to complete it fit for habitation, which was rather vague—I never saw a contract.
By MR. CLARKE. I cannot tell what condition the house was in, because the contractor generally completes the house—here is Colliver's claim on one side and my answers on the other—Colliver never prosecuted the action—I think he got locked up.
HENRY READY (Re-examined). I wish to make an explanation; I stated on Friday that it was before Tilney's houses were being done that I sold Elkington's property; I find by referring to my diary that it was in April, 1879, after Tilney's property had been done, that I sold it to Elkington—I also stated that Elkington had not supplied any materials for the work; I find by reference that he did send a few boards, not deals.
HENRY THOMAS GORDON . I am an architect and surveyor, and fellow of the Institute of British Architects—I practise at Guildhall Chambers, Basinghall Street—in June, 1880, I went over Wellesley House, Hampstead with Mr. Witherington—I had a statement with me of work that was supposed to have been carried out by Colliver, and against that statement I made one of my own—I went through each item, and I noted that many of those items supposed to have been carried out were not properly carried out, and a great deal of the work that had been done by Colliver was defective, and I found that, having regard to a contract that was entered into by Colliver, amounting to about 200l. odd, that the work to be executed would only amount to about 192l.—I then estimated the cost of reinstating and making good those defects so as to render the premises fit for occupation, at the sum of 50l.—I noticed that the work was of the most cheap description, having regard to the class of building—on 19th December, 1882, I went over it again—I then had a statement of the materials alleged to have been used in the work done—in my judgment all the work had been done and all the materials had been used—I went into details of amount—I checked the accounts by cubing it and making a basis from similar housed of this class that I have built
—I brought it to something about 2,200l.—I have been to the houses in question at Holloway; there are four houses; they let at a gross rent of 176l. per annum—there is a ground rent of 25l. 16s.—in my opinion they are under-let; they are worth more—they are not well built, I admit—I calculated the value as by letting, and my calculation amounts to 1,786l.; that is capitalising the profit rental on the 7 per cent, tablet, at 14 years' purchase.
Cross-examined by MR. WOOLF. I think they are worth 48l. per annum each; that would be 196l.—I had not the slightest idea that there was a 1,800l. mortgage on them; that would not affect my calculation—I think 2,200l. had been expended in building Wellesley House—in December, 1879, I don't think I had Mr. Witherington's estimate before me—I made a report in December last; I don't seem to have it here—this is the one in June, 1880—the house was supposed to be finished; the papering and that sort of thing was not done; I don't think it was occupied—I estimated the value of the work executed by Colliver at 191l., that was done for the purposes of the action of Colliver v. Elkington, and the cost of remedying the defects at 50l.—I don't think at that time I made any estimate for the amount of work that Elkington had done on the premises, or I should have mentioned it—in my report I complained of the class of work—I don't think I made any estimate at that time of what Elkington had expended on the house—I believe I had such an account before me—I went down with Mr. Witherington; I had items pointed out to me by him—I had a statement given me of Colliver's case, and that was all I had to go upon besides what was pointed out to me by Mr. Witherington as to what had been done—this is the account, or a similar one—I estimated according to Elkington's case what Colliver had done, and then I estimated what it would cost to make it complete—when I went down last December I had some account of what Elkington had expended—I have not got it here—I don't think I saw it; I think Mr. Witherington had it—I have here my rough draft of the estimate I made in December, 1882; it is dated June, 1882, but that must have been an error—I made an estimate of what Elkington had expended on the house; that was from what was pointed out to me by Mr. Witherington; I had no previous knowledge of the place—I have my estimate I made in December, 1882, showing what Elkington had expended on Wellesley House—that was on work done since I was there; since June, 1880—that was the only estimate I formed of what he had done since June, 1880.
Tilney, in his defence, put in certain letters from the trustee, which he alleged showed that he was not to be proceeded against if he gave true information as to the state of his affairs. He attributed the confused state of his affairs to his laxity in keeping proper books; and said that in the unfortunate state of his circumstances he was frequently assisted by Elkington, whom he had known some years, but he denied that any conspiracy existed between them or any intention to defraud.
Several witnesses deposed to Elkington's good character.
GUILTY .— Judgment respited.
There was another indictment against Elkington in conjunction with George Herridge, which was postponed to the next Session.
Before Mr. Justice Lopes.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. GEOGHEGAN Defended.
SARAH JANE BLACKMAN . I am single, and am in service at Peckham—I had a child named Albert Blackman, born on 28th June last—I gave it in charge of the prisoner, I cannot say at what date—she had had it about six weeks before it died—I was to pay her 5s. a week, I paid her by the month—during the early part of the time it was with her I saw it twice—the first time was about three weeks after she had it; it then appeared all right, in a healthy state, and well cared for and nourished—I next saw it about three weeks after; I then paid her a sovereign—that was all I paid her; that was about a week before the death, I think—the prisoner lived at 36, Deliford Road; that was where I saw the child—it was then in a cot; it seemed all right and looked well—it was the Thursday week before it died—it had a bottle of milk by its side; the milk seemed all right at that time—I did not examine it, but it looked all right; he was able to suck—I next went to see it the day after Christmas Day, the 26th—I knocked at the door, but could not get in, and I went away—on Friday, 29th, I saw the child again—it was alive, but in a very dirty state, and appeared ill—there was some milk by its side; it was sour—the child was not able to suck then—the prisoner was then lying on the bed—she is married and lives with her husband—she has no children of her own, or any others to nurse besides mine—I did not say anything to the prisoner when I saw it in this state; I sent for Dr. Dotterel—Mrs. Saunders and Mrs. Grissell went for him—I was not there when he came; I found him there on my return—the child was still alive—I remained there till after 10 o'clock at night, and then left—the child was still alive—that was the last time I saw it alive—it died at 6 o'clock on Saturday morning—I believe up to the Thursday week before the Friday it was a healthy child.
EMMA GRISSELL . I am the wife of William Richard Grissell, and live at 38, Deliford Road, next door to the prisoner and her husband—I knew that she had charge of this child—I went into her house on Friday night, the 29th, about 9 o'clock—she was then lying on the bed—her husband was not there—I had seen him on the Wednesday or Thursday morning, I cannot say which—I cannot say if the prisoner was intoxicated when I saw her lying on the bed or suffering from the effects of intoxication—I did not speak to her—she was dressed—the child was lying in the cot by her side—he was in a very dirty state, and appeared to be dying—the child's mother was in the room at the time—the doctor was sent for—I had seen the child once before, early in December; it was then in very good health.
Cross-examined. I stayed in the room with the prisoner until the child was taken away, with the exception of a few minutes going out to get a little brandy—she was awake and was groaning when we entered the room—the child's mother, Mrs. Saunders, and myself went into the room at the same time.
MORGAN DOTTEREL . I am a surgeon, of 780, Old Kent Road—about 10 on the night of 29th December I was sent for to 36, Deliford Road—I found the child lying in a cot apparently dying—the prisoner was sitting on the bed—she was sober; she had her clothes on—she said she wanted to do away with herself, and she tried to get out of bed; I prevented her—after some time she got out and sat on the side of the bed—I then saw that she was dressed—the child's cot was in a very filthy condition and the clothes also—there was a smell of decomposition from the clothes, a very strong smell indeed—the child had its clothes on—I took it out of the cot, and commenced to cut the clothes off—I then advised them to send for the police—the mother came in—I cut the clothes off with a pair of scissors because the child was in such a filthy condition I could not take them off in the ordinary way—I thought that the easiest possible manner of taking them off—the filth I speak of was excrement and urine—seeing the state it was in I advised the mother to send for a policeman—that was in the prisoner's presence—she was still sitting on the bed; she appeared to be greatly excited—I gave the child some brandy and water; it took it apparently eagerly—on the policeman's arrival I examined the child—I observed a black mark on the side of the face, which appeared like a bruise, and there was a small commencing gangrenous patch on the back—that would be caused by its lying in an irritating fluid or something, what is commonly known as bed-sore—the action of the heart was very irregular, and it was almost pulseless—I sent for more policemen, and had the child removed to the nearest infirmary in the ambulance—while I was there I continued giving it brandy and water about every 10 minutes—the child's body was thin, I could see the ribs—the cot itself was in a very filthy condition—there was some milk in a bottle; it appeared to be sour, not in a fit state for a sick child to take—I was present at the post-mortem examination by Dr. Shepherd some days afterwards—death was due to a clot on the right side of the heart—in my opinion that was produced by the child being in a very weak condition, and lying for some time in an irritating fluid, and having this bed-sore—there was an abnormality in the state of the blood; brought about by lying in an irritating fluid in conjunction with the child being debilitated and in a weak condition—the bed-sore was about the size of a florin—there was considerable extravasation—I found a bruise on the right side of the face also, one I think on the arm and another on the leg.
Cross-examined. The bruises were slight—the cot which the child was lying in was a wicker-work one—the bruises might be produced by the rocking of the cradle—I don't think they were of any importance—I did not associate the death in any way with the bruises.—I found two bottles of milk in the room and a tin of condensed milk—there was a feeder to one of them—I did not test the bottles, it was only by observation I say the milk was sour; it was curdled—I understood it was a preparation of water and condensed milk—milk will curdle in two or three hours—there was no fire in the room—sometimes a bed-sore will occur with the most careful nursing, but that is generally in cases of very long illness—the kidneys were diseased, I should not think that disease was born with it—it was a disease of some standing—that might cause an alteration in the blood—a bed-sore might arise from that, but I hardly think so—I do not think there was sufficient disease of the
kidneys to account for that—there was no appearance of starvation—there was a layer of fat in the child.
Re-examined. The child having disease of the kidneys would require more care and attention.
ROBERT JOHN SHEPHERD . I am surgeon to the infirmary of St. Olave's Union—I was called to see the child on the morning of the 30th, about 20 minutes past 12—it was in a dying condition; it was brought to the infirmary in a blanket and cradle on an ambulance—I gave directions to the nurse to attend to it, and what to do during the night, to give it milk and brandy every hour—it was quite pulseless at the wrists at that time—it died about 25 minutes past 6 next morning—I made the post-mortem examination—there was an excoriation about six or seven inches long and four or five broad at the lower part; there was a patch of gangrene about the size of a florin—in my judgment the cause of death was a clot on the right side of the heart, I have no doubt produced by the sore at the back acting on the impure state of the blood brought about by diseased kidneys—I think if the child had been allowed to lie in this filth for three or four days that would be quite enough to produce the excoriation I saw—he should never have been allowed to be in that state if he had been properly attended to.
Cross-examined. I don't think the child died from starvation—the excoriation was caused by the movements of the child in trying to get rid of the irritation—if it had been lying in a clean cot in clean linen there would have been no irritation—I have seen an excoriation in healthy children, but not on the back.
AMELIA MARY GREEN . I am nurse at St. Olave's Union Infirmary—I received charge of the child at 12.30 on the night of 30th December—I received certain instructions from Mr. Shepherd about it, which I carried out—the child died at 25 minutes past 6 o'clock next morning—I was present at the time—before it died I gave it a teaspoonful of milk and five drops of brandy, according to instructions, but it was in a dying state at the time.
JOHN BALDERTON (Policeman P 134). I was sent for to the prisoner's house between 10 and 11 at night—I found the doctor there and the prisoner lying on the bed—I told her I should take her into custody for neglect of the child—she made no answer then—on the way to the station she said "I did neglect him and myself too; I am very sorry"—the charge was afterwards read to her at the station, and she repeated the same thing.
Cross-examined. She complained of being very ill, and the divisional surgeon was sent for at her request—she was not excited—I did not hear her threaten to make away with herself—she was sober.
Re-examined. The divisional surgeon was sent for to the station when she was in custody—he did not give her any medicine in my presence.
JOHN GALPIN (Police Inspector). I was at the station when the prisoner was brought there—I read over the charge to her—she said "I did neglect him and myself too; I am very sorry"—she asked to be allowed to lie down—I thought she appeared ill and sent for the surgeon, who came and certified she was in a fit state to be detained in the police cell; consequently she was detained.
GUILTY .— Six Months' Hard Labour.
Before Mr. Common Serjeant.
MR. SAUNDERS Prosecuted.
JOHN RICHARD ADAMS . I live at Camelford Terrace, Brockley Road, Lewisham—I am a retired tradesman—on Friday evening, 5th January, I was walking towards home opposite Brockley Cemetery—a woman came up and spoke to me—immediately afterwards a man came up and took from my pocket my silver watch, my silver Albert guard, and also a snuff-box—the swivel gave way—he then ran away—I gave information to the police—I could not swear it was the prisoner because it was getting dark—the value of my watch and chain is about 3l.
HENRY GOODWIN (Police Sergeant R). On Saturday, 12th and 13th January, I received information of a robbery in the Brockley Road, and a description of a man—at 7 o'clock on 13th I went to a lodging-house at Mill Lane, Deptford—I saw the prisoner—I took him out of the lodging and said "I shall charge you on suspicion with being concerned with others in committing a highway robbery in Brockley Lane"—he said "I know nothing about it"—he was about to put his hand to his waistcoat pocket when I seized it, and from that pocket I took this watch—on the way to the station he, knowing me, said "You have got a good job this time"—he was taken to the station—Sergeant Francis took this snuff-box from him—the charge was read to him—he said "I picked up the watch in Brockley Lane."
Cross-examined by the Prisoner. You answered the description given to me, and I found the watch in your pocket.
THOMAS FRANCIS (Police Sergeant R). I was with Goodwin when he apprehended the prisoner—I searched him at the station—I found this snuff-box on him—I opened it and found it smelt of snuff—I said "This looks like a snuff-box"—he said "That is a tobacco-box; I have had it six months."
Prisoner's Defence. That is my box, I gave 2d. for it six months ago.
Prisoner's Statement before the Magistrate. "I have nothing to say."
NOT GUILTY .
Before Mr. Common Serjeant.
MR. HEWICK Prosecuted.
GEORGE READ . I am a waterside labourer, of 5, Speller's Court, Blackfriars—on 1st September I went to bed about 1 a.m.—I got up at 8 o'clock the same morning and found the parlour window broken open and the street door open which leads into the parlour, there is no passage—the window was fastened with a nail as there was no catch, and the
door was fastened—I missed a coat from a line across the room, a waistcoat from the washhand-stand, and shawl from the door—on the night the prisoner was taken I went with a detective to two pawnbrokers, one in Euston Road and the other in Somer's Town, and saw my boy's coat and my wife's shawl.
HENRY JUPE (Detective Sergeant L). On 2nd January I took the prisoner in Burton Crescent and said "You will be charged with stealing a coat, waistcoat, and shawl from 5, Speller's Court, Lambeth"—he said "I know nothing about it, you have made a mistake"—I took him to Hunter Street Station and searched him, but found nothing relating to the charge—I said "I have been to Mr. Chubb's, the pawnbroker's, in Judd Street, Euston Road, with the prosecutor, and have seen the property there, which he identified"—he said "I will tell you all about it; I slept at 11, Speller's Court, with Michael Keefe and another; it was them that stole the things and gave them me to pawn. I went away in the morning and had some coffee at a stall with Michael Keefe and the other man"—I examined 5, Speller's Court—the entry had been effected by forcing the window which broke off the nail going through the sash into the frame, but there was no outward show of force—they could then get in at the window, and leave by the door—I received these tickets (produced) from a female and some information.
MICHAEL KEEFE . I am no relation of the prisoner—I am a tailor, of 9, Marlborough Street, New Cut—on 16th September, at 11.30 p.m., the prisoner came to our house, and he and his young woman slept on my father's workboard—they went there at half-past 2—I came down in the morning at 7, 30, and he was not there—he came back at 5.30 p.m., and me and him and some more went to a public-house, and I parted with him at 10 o'clock, leaving him with his young woman—I knew of the robbery then, but nothing was said of it—I saw him again on Boxing Day in Judd Street, Somer's Town, and said "Have you any work?" he said "No"—I said "I thought you had work;" he said "I did, but I have lost it; when I get work I will be such a lad, I will have a coat with five pockets in it"—I said "I know you took that hog's things"—he said "How do you know?" I said "Your young woman told me she pawned them"—he said "You will not say anything about it?" I said "No"—he said "Has anything been said down there about me?" I said "No"—I said "You did not get much on them?" he said "I got 3s. on the waistcoat, 8s. on the coat, and 3s. on the shawl"—I wished him "Good-night," came home, and saw the detective afterwards.
Cross-examined by the Prisoner. Euston Square is close to where you live—I did not have the coat and waistcoat on under my overcoat; they would not fit me—I know, as I made them. (The witness here put on the coat, and the Jury said that it fitted him well.) I did not tell you that as soon as the boy had new trousers, handkerchief, and boots I meant to have them if I got the chance—I did not undo my coat at the coffee-stall and show I had the coat and waistcoat on—I did not take the clothes away with another chap on the Monday and the waistcoat on Tuesday, it is all false—I did not ask you to stop at our house on Sunday night—you did not stop there on Saturday, Sunday, and Monday, only on Saturday—it is not a lodging-house.
want to buy a ticket for a coat and waiscoat?" I said "Yes, I will buy them for 5s."—I did not buy them—I saw the prisoner in Michael Keefe's house on the night the robbery was committed, and left him there at 2 a.m.
Cross-examined. I am not the chap who took the clothes, nor did I take them to my house and keep them there two hours—it was at 10 o'clock I saw you in Euston Square.
ELIZABETH CLAVEDEN . I am a widow—I go out washing and charing, and live at 31, Draper's Place, Burton Crescent—the prisoner gave me the ticket of a shawl, and said "Here is a ticket for you if you like to take it out"—it was this year—after he was gone I found two more tickets for a coat and waistcoat on my mantelshelf—he has kept company with my daughter two months, and used to come into my room.
ROBERT GRIFFITHS . I am assistant to Mr. Chubb, a pawnbroker, of 13, Judd Street—this waistcoat was pawned with me on 18th December for 3s., and this coat on 19th for 8s.—I took the coat in myself—the prisoner pawned it.
Prisoner's Defence. On this Saturday night I went to Michael Keefe's house. I got there about 10.30. They went out and got some beer in, and they said "You might stop the night, as it is so late; she has got to go a long way home." I said "All right," and sat in a chair and dozed off to sleep, and Michael Keefe almost knocked me off the chair. I got to sleep again, and he came again and said "Come and have some coffee." We went to the coffee-stall about 4 o'clock, and he said "Send that other chap back to get a jug to take some coffee home," and while he had gone he showed me a coat and waistcoat. I said "Where did you get it?" He said "That chap that I made it for." I said "You will get yourself into trouble." He said "Oh, no, I won't." We went to the house, and I said "I must get home with it before it gets light, and no one will see it." Michael Keefe and his friend came to me at 7.15; I said "Have you got into any row about that?" He said "No, they won't know it is me," I said "I thought they might, as you made them." He afterwards said "You might come and stop to-night." I said "No, my mother kicked up a row and my eldest brother also for stopping out on Sunday night." On Monday morning he said "Don't go to work this morning," and I did not go to work; I stopped and saw the governor on Wednesday, and got discharged. This other chap put on the waistcoat, and said to me "You might as well pawn it for us," and I did it, and he told a chap to wait outside the public-house, and left him there till 7.30, but he did not get the coat and shawl. On Wednesday I came back, and this chap gave me my money, and told me I need not come any more. He had pawned a shawl on the Wednesday, and they came down to Burton Street and called me. I went up to them, and they asked me to pawn a coat for them, and I did so. They came as far as Burton Street and got a wet of beer, and said "You might as well have these; we can't wear them because that man would know them."
GUILTY of receiving .—Recommended to mercy by the Jury.— Judgment respited.—The COURT directed the police to take Michael Keefe in custody and take him before a Magistrate.
MR. POYNTER Prosecuted.
MATILDA KNIGHT . My husband is a draper's assistant—on New Year's Day, about 4.10 p.m., I was in the Borough, and when near a corkcutter's shop felt some one push against my shoulder and saw the prisoner—there were a lot of them, but he was close to me—I had a shawl on my arm and a basket, and 3 bloaters and an oil-can hanging from my right hand and my purse in my left hand with 7s. 2 1/2 d. in it—I put the oil-can in this hand, put my purse in my pocket, buttoned up my waterproof, and turned round and looked and saw the prisoner following me—he stopped at a boot shop—I turned down Lant Street, and felt myself pinned down, and a hand was put into my dress pocket—I was then doubled over with the prisoner's chin in the hollow of my neck—I am sure it was him or I would not have come up here—he hurt my neck by sticking his chin there, but I think I helped to injure myself by struggling to get away—I did not see his face when he took my purse, but he had the same dress on as he had in the Borough—I went to the station directly and described him, and on the Monday I was sent for to the Grapes public-house and identified him—he only said "You are mistaken"—I had to go to the hospital three times about my neck, and cannot turn my head quickly yet—I had no sleep for three nights—I lost my purse and contents.
Cross-examined by the Prisoner. I said at the station that you had a higher crowned hat when you were in the Borough than you had then.
MATTHEW CHICK (Policeman M 225). On 8th January, at 8.10 p.m., I saw the prisoner by the Grapes public-house—I had had a description, and had been looking out for some one—I left 73 M to watch him and fetched the prosecutrix, who said "That is the man; I will charge him"—I told him the charge, he said "I know nothing about it."
Prisoner's Defence. The woman said she could fetch her witnesses, but she got none up.
GUILTY . He was further charged with a previous conviction.
GEORGE JONES . I am a warder of Wandsworth Prison—I produce a certificate. (This certified the conviction of Henry Williams on 21st November, 1881, of stealing 4s. from the person, when he was sentenced to three months' hard labour.) I was not present at his trial, but had him daily under my observation while he was doing the three months, and swear he is the same person—you will find he is very deaf.
GUILTY.**†— Eighteen Months' Hard Labour and Twenty Strokes with the Cat.
MARY ELIZABETH EVANS . My husband keeps a dairy at Kew—on Saturday, 13th January, at 9 a.m., the prisoner came in for a pennyworth of milk and an egg—he gave me a shilling; I gave him the change, a sixpence and coppers, and put the coin in a drawer—he left, I looked at it, and found it
was bad—ten minutes after that a boy came in and told me something, and I went to Mr. Complin's shop and saw the prisoner there—I said "You have passed a bad shilling"—I did not say where, but he said "No, I have not passed you any bad money"—I gave it to Dowdeswell.
ABRAHAM COMPLIN . I am a china dealer at Mortlake Terrace, Kew—on 13th January the prisoner came in after 9.30 a.m. and bought a white and gold cup and saucer, which came to 5d.—he gave me a shilling—I put it in my pocket, where I had no other shilling, and gave him a sixpence and a penny change—as soon as he had gone I looked at it and found it was bad, ran after him, and said "You have given me a bad shilling"—he said "Have I?"—I said "Yes"—he gave me a good florin and I gave him the change, and said "Did you know it was a bad one?"—he said "Yes"—I said "Do you live in Kew?"—he said "Yes, but it is no business of yours"—I said "Do you know where you got the shilling from?"—he said "Yes, but it is no business of yours"—I gave it back to him when he said he lived in Kew—he abused me and said that I could give him in charge—I followed him to the Coach and Horses, and when he came out I gave him in charge—I did not ring the shilling; it was light—I bit it and my teeth made an impression—Mr. Soley was with me—we took the prisoner back to the shop.
Cross-examined by the Prisoner. You had had something to drink—you swore at me—I should not have given you in charge if you had not abused me.
REES SOLEY . I live at 9, Mortlake Terrace, Kew, and am Mr. Complins brother-in-law—I was in the shop when he brought the prisoner back—he said "I know where I took the bad shilling," but he did not say where—my brother-in-law gave it back to him, and they walked towards Kew Green to the Coach and Horses—the prisoner seemed excited, and shouted "I intend to stay here till a policeman comes"—I did not see my brother-in-law bite the coin, I only saw him return it.
ADA HARBOUR . I assist at the Coach and Horses, Kew—on 13th January, at 8 or 9 a.m., I served the prisoner with a half-quartern of rum—he came again between 9 and 10 for a half-quartern of gin and paid me 2 1/2 d. in bronze—he did not give me a shilling on that occasion—Mr. Complin made a communication to me.
Cross-examined. You paid me in silver the first time, but I cannot say whether it was sixpence or a shilling, as I was busy.
Re-examined. Mr. Complin had spoken to me before the prisoner paid for the gin, and I noticed what coins he paid with, and am sure it was bronze—when I told Solly I did not know what coin he had given me I referred to the first occasion.
JOSEPH DOWDESWELL (Policeman V 175). Soley called me, and I saw the prisoner outside the Coach and Horses—Complin said "This man has been passing bad money at my shop; he has given me a bad shilling"—I said "Where is it?"—he said "I have given it back to him"—I said to the prisoner "Let me see it"—he said "No, let him give me in charge"—we all returned to the shop, where I found five good sixpences, 7 1/2 d. in bronze, this piece of metal and this mould (produced) loose in his jacket pocket, also this small tin box containing white powder, some sandpaper, a cup and saucer, and an egg—while I was searching him Mrs. Evans came in and said "That man has given me a bad-shilling,
which she gave me—the prisoner said "I know nothing of that person"—I said "What have you done with the bad shilling passed to Mr. Complin?"—he said "I paid it away at the Coach and Horses for drink"—he had been drinking—I found no bad money on him.
WILLIAM WEBSTER . I am Inspector of Coin to Her Majesty's Mint—this shilling is bad—this mould is the obverse of a double mould for two shillings, but this shilling did not come out of it—this is plaster-of-paris, which is used for making moulds—this bit of metal seems to be tin; it is used to mix with lead to give sound to bad money—sand-paper is used for cleaning coins.
The prisoner; in his statement before the Magistrate and in his defence, stated that he found a pared containing the coins and other articles, and put them in his pocket, and that he could easily have destroyed them had he known there was anything wrong about them, and that he thought the mould was a piece of hearthstone.
GUILTY .— Seven Years' Penal Servitude.
Before Mr. Recorder.
MR. F. READ Prosecuted; MR. BESLEY Defended.
The details of this case are unfit for publication.
NOT GUILTY .
Before Mr. Justice Lopes.
MESSRS. POLAND and WOOD HILL Prosecuted;
MESSRS. MONTAGU WILLIAMS and MEAD Defended.
ROBERT ROSLYN . I am a bootmaker at 2, Providence Place, Lower Norwood—on Thursday night, 11th January, about 10.30 p.m., I was passing the house, 8, Thurlow Place, and saw smoke issuing from the shutters—I listened, and heard some crackling in the shop—while I was listening Mr. Evans came out of his shop next door and Knocked loudly at the door—I left him knocking and went to the fire engine office and told the fireman that the place was on fire—I came with the fireman and the fire escape to the house, and I then left—I saw Murphy take a pail of water into the passage.
Cross-examined. I did not see where he chucked it—he was in his shirt sleeves.
SUSANNAH RIVERS . I live next door to the prisoner's shop—on this Thursday night, about 10.20, I heard a knocking next door—I went out and saw smoke coming from the shutters of the prisoner's shop—I put on my bonnet and shawl and went out and knocked at the side door violently till it was opened by a man, I think Clark—he only had his shirt on—I went in directly, and saw Mrs. Clark on the stairs in her night-dress, with her baby in her arms—I took the baby out of her arms and took it into my house—after the fire was extinguished I went in again, and went up into the bedroom on the addition over the kitchen—the bed did not look as though it had been used—I did not go to any other room—you to go through that room to get into the others—I smelt paraffin; not
in the house, I smelt it outside—I gave the baby into Clark's arms, and said "Here is your son and heir safe and sound, thank God for it" I said in the shop "It smells very strong of paraffin"—I did not hear him make any reply.
Cross-examined. It was said in his presence—he was quite close to me; he could have heard me—three children were brought into my house, the little boy, a year and five months old, the little servant girl, and Mrs. Clark's sister, seven or eight years old.
SAMUEL GEORGE ROBISON . I am secretary to the United Service Club, and reside at Winton Lodge, Lower Norwood—on the night of the fire I passed the prisoner's house twice—the first time was about 10.15—I noticed nothing then—the second time must have been about 10.30, or two or three minutes later—I then noticed smoke coming out between the laths of the shutters—I knocked very loudly at the side door about three times—before any one came to the door I went out into the road—the house seemed perfectly dark all over, so much so that I thought it was empty—while I was standing in the road some one came out of Mr. Rivers's shop and took up the knocking from me—it was seven or eight minutes before the prisoner's door was opened by a man in his shirt and trousers—I do not recognise that man—after about a minute I went into the house with the man and followed him into the room at the back of the shop—he opened the glass door dividing the back room from the shop—I looked in—I could see no flame, but the shop was full of blinding and choking smoke—I knew that the fire-engine had been sent for, and I told the man that the best thing to do was to keep the door close shut, so as not to let the air in—he shut the door and I then went outside—I then saw a youngish woman in her night dress, with a child about six years old crying very loudly—they came out of the house—I then saw the man moving about between the kitchen and the back room, with a small mineral oil lamp in his hand—after I came out I saw Murphy leaning against the shutters putting on his boots—as far as I can recollect he had his shirt and trousers on—I satisfied myself that the fire was out and all danger over, and then I went away.
Cross-examined. I could not say that Clark was the man I spoke to—he was very like him in features, but the man was looking very pale and cold, like a man disturbed, half dressed; not like a man who had been roused out of his sleep, like a man going to the front door in the cold—I did not notice any persons in the street on that side; there were two persons passing opposite—afterwards I should say there were about 20 people, besides the police and the fire brigade, who were mostly in the house.
EDWARD SPENCER DAY . I am the officer in charge of the Metropolitan Fire Brigade at Lower Norwood—I was called to this fire at 10.44 p.m.—I went immediately, and arrived there about three minutes afterwards—at that time the door was open, and there were people the—I went in at the side door into the back parlour, and so into the shop—the shop was well alight—I ran upstairs and searched the house—I found no one there—I came down, and the fire in the shop was extinguished; that was done with a hand-pump—I saw the two prisoners there—I saw Murphy as soon as I arrived at the fire; he was at the door in his shirt and trousers—I saw Clark after the fire was extinguished-people assisted in passing water in buckets into the shop; both the
prisoners assisted in doing so, and in putting out the fire—I smelt paraffin in the shop—I examined the shop carefully—there had been a fire under the show-board on the left-hand window—that had been burnt out, part of the structure was burnt—there were old baskets under the show-board, there was nothing in them; they were burnt out—they were baskets that had been used for vegetables and such like—the door under the shopboard was burnt away—I did not smell anything under there—under the other shopboard, where the gas meter was, there were some ashes of paper that had been burnt and a quantity of old baskets that were not burnt—I did not smell anything there—no part of the structure there was burnt—it was impossible that the fire could have been communicated from one show-board to the other—on the shelf under the counter on the left-hand side of the shop were two boxes, one at each end; they had had straw and paper in, but it had been on fire, and had burnt—there had also been some paper burnt at the parlour end of the shelf at the back end of the counter, and there was a half-bushel basket with fancy paper on the shelf saturated with paraffin—under the shelf there was another half-bushel basket heaped up with straw, saturated with paraffin, also a small basket of shavings on the ground under the shelf; that did not smell of paraffin—they were not burnt at all—the fires at each end of the counter were not in connection with each other—the till, about a foot deep, parted the two boxes where the fires had been—there were three distinct fires under the counter—I also noticed on the right-hand side of the shop, close to where the original fire had been, the one I first described under the show-board, a cask that had been used for grapes—it was half filled with sawdust saturated with paraffin—the upper part of the cask had burst open, and the inside upper ends of the staves had been slightly burnt—it was about nine inches or a foot off the fire under the show-board on the right-hand side—there was some fancy Christmas paper on the shelves at the end of the counter at the back of the shop on the left-hand side, done up into loops and hanging-down from a basket on the shelf into an empty potato cask—I did not notice anything near that—I took possession of some of the things that were not burnt—this (produced) is the upper part of the cask where the fire was, the inside of the staves are burnt; the sawdust in the cask smelt of paraffin—these (produced) are the boxes that were under the counter and had burnt themselves out, and the basket of shavings—it does not smell—this is the straw, and the basket it was in; it smells very much of paraffin—in the shop was one sack of potatoes, a few oranges in baskets, greens, nuts, and onions—I went over the house to see how it was furnished, two rooms at the top, and the drawing-room (the front room over the shop) had no furniture whatever—the back room on the first floor at the back of the drawing-room only had a chair bedstead in it, and the other bedroom was very scantily furnished indeed—I did not notice any paraffin when I went over the house—I saw a small paraffin lamp being taken by the police to show us a light; we have it here—I saw an ordinary wine bottle on the shelf at the back of the counter in the shop—it was empty—it smelt of paraffin—I saw two other bottles in the top room, second floor; they had paraffin in them—after I discovered this I sent Murphy for Clark—I had said nothing to Murphy—Clark came to me—I was in the shop at the back of the counter, Murphy was there as well—I called Clark's attention to this straw, and paper, and
likewise the boxes, and I asked him how he accounted for it, and he told me he could not account for it—I then sent my man to the policestation for the Inspector.
Cross-examined. The straw and sawdust were not dry at the time—I should think there were about half a dozen people in the passage when I arrived—the fire was still burning—I said before the Magistrate "Murphy did everything he could to assist the firemen in putting the fire out; likewise Clark."
JOHN CAMERON . I am a fireman in the Metropolitan Fire Brigade—I went to this fire with Engineer Dane on the engine—after it was extinguished I was left in charge—after about half an hour I thought of leaving and going home—to make myself sure that the house was safe I went to examine the back part of the counter, and there I found on the shelf underneath the counter one basket filled with paper saturated with paraffin; it was wet—on the same shelf I found a box partly burnt containing charred paper and straw, and farther along on the same shelf there were ashes of paper, and underneath the shelf, on the floor, I found a half-bushel basket filled with straw saturated with paraffin—adjoining the basket was another filled with shavings not saturated with paraffin—there had been three fires altogether under the counter—immediately under the gas-meter on the left-hand side as you enter the shop under the show-board there were two distinct fires; one was charred paper and straw, and the other of paper alone—both smelt strongly of paraffin—the other show-board was where the principal fire was; it was very nearly burnt all out—all these fires were distinct—I heard Murphy say that himself and his brother-in-law, Clark, went up to the City that afternoon, and when they came home they walked past the shop and went in at the side entrance, and went upstairs—shortly after that he said that when they were passing the shop he observed that the shutter on the window where the principal fire was was not properly closed within about two feet, and that he and Clark went into the shop and closed the shutter, and that he was the last man to leave the shop—they were revolving shutters.
Cross-examined. The shavings-had no paraffin on at all—I think I arrived at the same time as Dane—he went into the shop first—he did not remain a minute in the front shop, and then he came out again, and I went in with the hose—I did not remove any paper, I did not touch it just then—I put my hand to it and smelt it—the paper was in the basket.
JAMES MORESLEY (Police Inspector). I went to this fire, and assisted in putting it out—the prisoners also assisted in putting it out—after the fire was over I spoke to Clark in the presence of Dane in the back parlour—Dane asked him if he was insured—he said "Yes"—"And the office? what office?"—he said "The North British and Mercantile"—he was asked to produce the policy—he did so—this is it (produced) (This was an insurance policy, dated 27th December, 1882, for 300l.)—nothing further passed at that time—I smelt the paraffin—I saw Clark again shortly after two in the morning; he was upstairs, I sent Murphy for him—I said to him in the shop "These things here look very suspicious; it may lead to your being charged, you had better be very careful in any observations which you make"—I took him round the back of the counter, and pointed out every fire to him in detail, six altogether—he replied "I know nothing of it, I cannot account for it"—that was all that he said—I told him then I should take him into custody—I did so—he was taken to the station, and
charged in the usual manner—he made no reply when the charge was read over to him—I made inquiries, and on the following night I told Murphy I should take him into custody for being concerned with Clark in setting fire to the house—he replied "And of which I can give no explanation"—he was taken to the station and charged—he made no other reply there—Murphy was with Clark the whole time, and heard what transpired—when the two bottles were brought in from the upper room he said "Oh, they were here when we came in"—I understood he meant when they went into possession of the house.
Cross-examined. The Insurance Company are prosecuting.
Re-examined. Originally I took charge of the case; afterwards, in consequence of what the Magistrate said, the Insurance Office took it up.
HENRY CROFTON . I am 14, and live at Alleyne's Cottage, West Dulwich—I had been employed at this greengrocer's shop about seven weeks; Mr. Clark used to attend to the business, and Murphy used to attend to it as well—I sometimes slept on the premises when Mr. and Mr. Clark went out—I did not sleep there on the night of the fire—Murphy and Clark went out together on that afternoon about 2.30 to 3 o'clock; they said nothing to me as to where they were going—I remained in charge of the shop—I shut it up about 8.30—they are outside shutters which pull down—I pulled two down, but I could not get the other one on the right-hand side of the door right down—I shut the shop door, and left by the private door about 20 minutes to 9, leaving Mrs. Clark, and the servant, and a little boy, and Mrs. Clark's little sister, about 7 or 8 o'clock—the shop was then all right—there was gas in the shop; I had turned it off—there was no gas in the back parlour; I had a paraffin lamp—I left Mrs. Clark in the front parlour; the paraffin lamp was then alight—the servant girl had not gone to bed—there was a second lamp in use—I purchased a pennyworth of paraffin the night before this—the servant told me to get it—it would last one or two nights for the lamp—I fetched it in a tin can—I put it in the lamp—that was the only time I fetched paraffin—I did not get any in wine bottles—paraffin is about 1 1/2 d. a pint.
EMMA FRYER . I was servant to Mrs. Clark—on the night of the fire we all went upstairs to bed at the same time, Mrs. Clark, Mr. Clark, and Murphy—Murphy and Clark came home about 9 o'clock together, and we went upstairs together about 9.30—Mrs. Clark sleeps over the kitchen, and Murphy in the next room to it—he would have to go through Mrs. Clark's room to go to his own—I slept in the back room, over the parlour—I went to sleep immediately, and was awoke by Murphy; he was in his shirt and trousers, and had a lamp in his hand, the one I have seen here to-day—he said "Emma, get up"—I said "What is the matter?"—he said "The house is on fire"—I got up, and went downstairs—I saw a gentleman at the door, and a fireman outside—I did not notice any one in the house—I saw smoke, but no flame—I generally got the paraffin for the lamp in a tin can—I never got it in a bottle—there were two lamps; only one in use, the other had no glass—when I went to bed there was no sign of smoke or fire; the house seemed all right—I lived with Mr. Clark in the Borough before they came to this place—I sometimes went into the shop at Norwood, but not very often.
the North British Mercantile Assurance Company—I called on Clark about a month before the fire, and spoke to him about insuring; he agreed to insure in our office—I took down the particulars, and read them over to him—he paid me 9s. premium—the policy was afterwards given to him—he said he wanted to insure for about 150l.—I said it would not make very much difference in value, he might insure for 200l.—he said he was going to have a lot of furniture in, and going to have a lady lodger—I suggested 50l. for the stock in trade—I saw some of the stock—of course greengrocery is floating stock; he might have a little one day, and more the next—I had known the fixtures some time before; I think it was a fair value to insure them for 50l.
Cross-examined. I knew the fixtures before—I asked him if his plate-glass was insured—he said he believed it was—I asked him then if the rest was insured—he said "No," and I said "Why don't you insure?" and then it was that he agreed to insure—I suggested the amounts to him.
FREDERICK DUNN . I am principal clerk to England, Clark, and Harrington, auctioneers—I valued the property at this house where the fire took place on Wednesday last, the fixtures and trade-fittings at 13l., the stock in trade 2l. 7s. 6d., trade utensils 4l. 1s., furniture 13l. 4s., wearing apparel 1l. 6s. 6d.; total 34l. 7s.—that is about what they were worth to any one living in the house.
Cross-examined. The wearing apparel that I valued was what I found in the house, not what they were wearing.
EDWARD WHITE . After the prisoners were in custody, about 5 o'clock, Murphy said, "I wish you would give me a call about 7, as I suppose I had better attend the police-court, for I have as much interest in the business as my brother-in-law, and I get my living here."
The prisoners received good characters.
GUILTY .— Five Years' Penal Servitude each.
Before Robert Malcolm Kerr, Esq.
ADJOURNED TO MONDAY, FEBRUARY 26TH, 1883.