CENTRAL CRIMINAL COURT
FIFTH SESSION, HELD FEBRUARY 26TH, 1883.
MINUTES OF EVIDENCE.
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
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ROLLS CHAMBERS, No. 89, CHANCERY LANE.
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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, February 26th, 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, LORD MAYOR of the City of London; The Hon. Sir FORD NORTH , Knt., one of the Justices of the High Court of Justice; Sir ROBERT WALTER CARDEN , Knt., M.P., Sir THOMAS GABRIEL , Bart., Sir SYDNEY HEDLEY WATERLOW , Bart., M.P., DAVID HENRY STONE , Esq., Sir THOMAS WHITE , Knt., Sir THOMAS SCAMBLER OWDEN , Knt., WILLIAM McARTHUR , Esq., M. P., and Sir JOHN WHITTAKER ELLIS , Bart., 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., and ROBERT NICHOLAS FOWLER , Esq., M. P., 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. FIFTH 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, February 26th, 1883.
Before Mr. Recorder.
294. JAMES HORSFALL TILNEY (43) and GEORGE HERRIDGE were indicted for unlawfully conspiring with Thomas Elkington to defraud Samuel Tuckett and others and to violate the provisions of the Bankruptcy Acts. Other Counts varying the form of charge.
HERRIDGE PLEADED GUILTY to the 20th and 21st counts charging him with making a false proof as a creditor. He received a good character.— Two Months without Hard Labour . TILNEY was sentenced to Six Months' Hard Labour from his conviction last Session, and ELKINGTON— Twelve Months' Hard Labour from conviction . (See page 484.)
296. WILLIAM BRONSON (15) [Pleaded guilty: see original trial image] to stealing whilst employed under the Post-office two post letters containing orders for the payment of 20s. and 15s., and also to forging and uttering receipts to the said orders. He received a good character.— Eighteen Months' Hard Labour.
297. JAMES MATHER (26) [Pleaded guilty: see original trial image] to stealing whilst employed under the Post-office a post letter containing a sovereign and 2s. He received a good character.— Five Years' Penal Servitude.
298. ROBERT HENRY BARNES (23) [Pleaded guilty: see original trial image] to three indictments for forging and uttering orders for the payment of 10l. 10s., 11s., and 1s., and also to unlawfully forging and uttering a printed card purporting to be from the manager of the Exchange and Mart.— Five Years Penal Servitude.
299. HENRY THOMAS RICHARDS (19) [Pleaded guilty: see original trial image] to feloniously forging and uttering a warrant for the payment of 8l. 10s., also to stealing a post letter containing the said order whilst employed under the Post-office.— Five Years' Penal Servitude.
HOOPER and WILKINS PLEADED GUILTY .
MESSRS. COWIE, Q.C., and BAGGALLAY Prosecuted.
FREDERICK WYATT . I am manager to John William Prudence, furniture dealer, Commercial Road—on the evening of 3rd January, about half-past 7, Wilkins came and purchased some articles amounting to 2l. 10s.—he tendered in payment this post-office order for 7l. 1s. 6d., payable at 219, City Road—I had some conversation with him for about half an hour—he left, and returned in about an hour with this letter from Mr. West, of 5, Cleveland Street, Mile End Road—he went away again, as he said he had forgot the change; he returned in an hour—he then had 30s. on account—he gave me this receipt for it; I wrote it out, and he signed it "J. West"—I sent the goods next day, and they came back in consequence of not being able to find the address—neither Wilkins nor any one else came for the change—on 2nd February I was present when Hines and Hooper were taken into custody—Hines said to Constable Bick that if he would go to the Blue Anchor beerhouse in Church Street, Shoreditch, he would find a man who would get him a Counsel, calling him by some name—I went to the beerhouse and there saw Wilkins, and he was afterwards taken into custody.
GEORGE JOHN HARVEY . I am assistant at the King Street, Poplar, Post-office—this is an application for a post-office order, which was issued on 2nd January for 1s. 6d.—This is the order—the pounds column marks have been erased, and the figure "7" inserted in its place, and the writing part has been altered in the same way, and the word "seven" inserted—the order is now of an entirely different colour, as if it had been dipped in some chemical substance, which has removed the ordinary ink, but not the printing ink.
WILLIAM HURST . I am a detective in the employment of the Post-office—on 2nd February, early in the morning, I went to Arcadia Street Poplar—about a quarter or 10 minutes to 12 at noon I saw Hines and Hooper leave the house—Bick and Mr. Wyatt were with me—I took the prisoners into custody, and took them to the Limehouse Police-station—when I first stopped Hines I asked him his name; he said "My name is Andrew Palmer"—I asked where he lived; he said "I have got no fixed residence"—I said "Do you know that woman you are with?" he said "No, no more than I met her last night, and stayed with her for the night; beyond that I know nothing whatever about her; before that she was an entire stranger to me."
PHILIP BICK (Detective). On 2nd February I accompanied Hurst to Arcadia Street, and went with him, Hines, and Hooper to the station—on reaching the station Hines walked across to Hooper and attempted to pass something to her; I took it from his hand, and found it to be this pocket-book—Hines said "That is hers"—I afterwards opened it, and found in it these three money orders, one issued on 1st February for 1s. 6d., and altered to 12s., and one for 1s. 4d., altered to 12s., also a flash 10l. note on the Bank of Engraving and two or three brass Hanoverian medals.
Cross-examined by Hines. You did not say "I do not know who you are"—I at first said "What is your name?" you said "Andrew Palmer"—at the station I said "What is your real name?" you said "George Hines, I did not feel justified in giving you my correct name as I did not know you."
CHARLES JAMES STEVENS . I am travelling clerk attached to the Missing Letter Branch of the General Post-office—on 2nd February I was present when Hines and Hooper were taken into custody—at the station Hines endeavoured to pass this pocket-book to Hooper; it was stopped by Bick—Hooper was taken into another room, and she made a statement—I afterwards saw Hines, and after telling him who I was I said "This pocket-book you had in your possession just now contains three money orders"—I opened it and showed him the orders—he replied "I don't know anything about it, she gave it to me to mind for her"—I said one had been fraudulently altered, and the woman had confessed to altering and negotiating several—he said "I don't know anything about that; I met her last night and went home with her, and on coming out this morning to have a drink she gave me the book to take care of"—I said "You will be detained here until I have made further inquiries"—I afterwards went to 36, Arcadia Street—on my return Hines called me into a back room where he was standing, and said he wished to speak to me—he said "I am innocent;" I said "If you are you are a very unfortunate man to be in the company of this woman, but I have just ascertained that you did not go to the house last night, but went there this morning between 9 and half-past 9, and as two of the orders found in your possession were taken out in the neighbourhood where several have been negotiated, you will be charged with being concerned with the woman"—he said nothing to that.
ROSE DYER . I am assistant at the Limehouse Post-office—this is an application for an order for 2s.—I issued this order on that application—it has been altered to 12s. in a different colour—the order was issued to a woman.
ARTHUR BROWN . I am a blacksmith, and live at 36, Arcadia Street—Hooper lived there—I have known her about twelve months—I had only been there four or five weeks—I know Hines by sight—I have often seen him there—I did not see him living in the same house with Hooper at Arcadia Street, but when they were living in the East India Road previously—I saw him at Arcadia Street two or three times a week—he did not stop at night to my recollection—I am at work during the day; I am not at home all day; I only saw him there of an evening—I saw Wilkins once at 36, Arcadia Street; they were all three there then—it was between 1st and 2nd January—that was the only time I saw Wilkins there; he came in between 7 and 8 o'clock; he went out with Hines and did not return—I wrote this letter that evening at Hooper's request—she dictated it—Hines and Wilkins were present—I was in the back parlour—Hines asked Hooper whether she could get me to write that letter or not—I said I would not mind, and that is the letter I wrote at her dictation—I gave it to Hooper—I did not see what she did with it—she went out of my presence—I don't know whether she went out of the house—Hines and Wilkins went out of the house after that—I did not see them again till I saw them at the police-court.
for six months—I often saw Hines there—he frequently stopped with Hooper—I have seen Wilkins there three times—he came with Hines—one evening the three prisoners were there in the kitchen together when a letter was written—I think it was about 2nd January—Hooper sent me out, and when I came back they were gone.
EMILY MARY ANN HOOPER (The Prisoner). I have pleaded guilty to this indictment—I have known Hines about two years—when I first knew him I was living at l, Ware Street, Kingsland Road—I have lately been living at 36, Arcadia Street—I saw Hines while I was there several times—sometimes he came in the middle of the day, sometimes late at night—I know Wilkins; Hines brought him one Friday evening since Christmas; it was the same day that I changed the post-office order at Webb's, the first one that was issued, to which I have pleaded guilty—I gave it to Wilkins the same night after I had written the one to go to the furniture dealer's—Hines was there—I saw Arthur Brown that evening—I asked him to write this letter; he did so and gave it to me—I went with Hines and Wilkins to the furniture shop—this blue post-office order is my writing; I altered the "2" to "12"—Hines came in the morning and I gave it to him—these other orders I have only seen in the hands of Mr. Stevens in Court—when I gave Hines the one altered from 2s. to 12s. it was by itself, not in any packet—that order was never presented—30s. was got on the one for 7l. 1s. 6d.—I had 8s. 6d. out of that; Wilkins had some and Hines had some; it was divided between the three of us.
Hines's Defence. I am innocent. I never had a shilling benefit by Mrs. Hooper's business transactions; in fact I cannot write my own name.
HINES— GUILTY .
He also PLEADED GUILTY to a previous conviction on 7th September, 1874.— Ten Years' Penal Servitude .
WILKINS.**— Ten Years' Penal Seritude .
HOOPER.— Six Months' Hard Labour.
NEW COURT.—Monday, February 26th, 1883.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and LLOYD Prosecuted.
EDWARD THOMPSON . I am barman at the Fleece Tavern. Bermondsey—on 31st October, about 10.11 p.m., the prisoner came in for twopenny-worth of rum and gave me this half-crown—I bent it in the tester, showed it to the landlord, who said "Do you see what you have given to my barman?"—he said "I gave him a two-shilling piece and I want the change"—he said "You did not, you gave him a half-crown"—he was given in charge with the coin—he was remanded for a week at Southwark Police-court and then discharged.
ROBERT BELTON (Police Sergeant M), The prisoner was given into my custody with this coin—he said "What are you going to do?"—I said "To search you"—he said "You shan't," and became very violent; I forced him into another compartment, and with the assistance of another constable, searched him and found 12s. 5d. in good money and three
separate screws of tobacco such as you purchase in public-houses—going to the station he said "It is no crime to utter a counterfeit unless you know it; I did not know that it was bad till they tried it"—after he was charged he said "I received 10s. from Mr. Harman this evening, four half-crowns, and this is one of them"—he afterwards said "I received it in change for a half-sovereign over the water"—the inspector asked his name—he said "Charles Edmunds, 7, John Street, Old Kent Road"—I inquired there—these are the half-crowns (produced)—I received them on 16th January, when he was remanded.
HANNAH GWILLHAM . I am assistant postmistress at Stamford Street office, Blackfriars Road—on 17th November the prisoner came there about 6.45, and asked for 25s. worth of 1d. stamps—I handed them to him and he gave me ten half-crowns—as I began to ring them he left with the stamps—I found they were bad, marked them, and kept them in a drawer by themselves till I gave them to Sergeant Belton in January—I was then taken to see about a dozen persons, from whom I picked out the prisoner.
Cross-examined by the Prisoner. I am no relation of Sergeant Belton; I saw him first in December—I recognised you on 30th January—the sergeant did not say "Is not that him?"—he said "Have you identified him?" and I said "Yes"—I had given him your description at the post-office at the end of November—I have never been to the sergeant's private house, and do not know where he lives.
ADA KIRWOOD . I am barmaid at the Daniel Lambert, Ludgate Hill—on 16th January, about 6 p.m., I served the prisoner with a glass of stout, and he gave me a shilling—I said "This is a bad one," and gave it to Iliff, who said "Have you any more" about you?"—he said "No, you can search me"—a policeman was sent for.
CHARLES ILIFF . I am manager at the Daniel Lambert—on 16th January Kirwood handed me a bad shilling, and I said to the prisoner "Have you any more of these?"—he said "No, you can search me"—I gave him in custody—on the day before I had cleared the till at noon, after which I found a bad bright florin in it, and two or three other florins—I showed it to Miss French, who had taken it that day—I broke it in half and threw it in the fire; it melted quickly.
Cross-examined. She said that she took it of a short man with a cast in his eye.
ALICE FRENCH . I am barmaid at the Daniel Lambert—on 15th January about noon I served the prisoner with a glass of ale, price 1 1/2 d.—he gave me a bright florin—I put it in the till and gave him the change—about five minutes afterwards Mr. Iliff took it out and showed it to me—it was bad—there were two or three other florins there, but I recognise this as the one the prisoner gave me.
Cross-examined. I know it because I was suspicious of it at the time. but it bad a good ring—I told Mr. Iliff that the man was short and had a cast in his eye—you have a cast in your left eye, or something the matter with it.
HENRY HARNETT (City Policeman 302). I took the prisoner—he said "I am not a person likely to utter a shilling; I am a respectable man"—I searched him at the station and found a florin, a shilling, and a three-panny piece—he gave his address, 34, Bryan Street, Caledonian Road—I made inquiries there.
WILLIAM WEBSTER . I am Inspector of Coin to Her Majesty's Mint—this shilling and half-crown are bad—these ten half-crowns are also bad and from different moulds—a good florin will not melt in an ordinary fire, but a bad one easily would.
The prisoner in his defence stated that if inquiries were made it would probably be found that the coins were given to the witness Gwillham by her husband or her sweetheart, and denied passing them, and stated that he did not know that the shilling and half-crown were bad.
GUILTY . He then PLEADED GUILTY** to a conviction of a like offence in September, 1871.— Five Years' Penal Servitude.
MESSRS. CRAUFURD and LLOYD Prosecuted.
ALFRED ROGERS . I keep the Prince Albert, Brushfield Street, Spital-fields—on 2nd February, about 10.15 p.m., I served the prisoner with a pot of ale—he put down a bad shilling—I said "Young man, I think I have seen you at this game before; I think you tendered a shilling to one of my young men"—he said "No, I don't pass bad money," and paid with coppers—I bent the shilling and returned it to him—I came to the door to look for a constable, and saw the prisoner come out at another door and turn the corner—I ran and found him in the next doorway trying to put the shilling under the door—I said "Halloa, what have you put under that door?"—he did not answer, but struggled violently and kicked me and tried to get away—I held him by his collar—he dropped some money from his hand, but people collected round and we could not find it—Robins came up, and I told him to turn his bull's-eye on to the door and he would find some bad money—he did so, and found the broken shilling and another—I saw the prisoner talking to Daley in my bar, and after he left Daley made a statement to me.
JOHN DALEY . I am a shoemaker, of 3, Union Court, Fashion Street—on 2nd February I was in Mr. Rogers's bar—the prisoner came in and gave me a piece of paper; I thought he was joking and put it in my pocket; he offered me his pot and I drank out of it—after he was taken I found a bad shilling in the paper he gave me—I broke it in half with my teeth and threw it into the road—I made a statement to Mr. Rogers the next night.
WILLIAM ROBINS (Policeman H 74). Mr. Rogers spoke to me—I turned my lantern on to the door of the next house to his, and found this broken shilling and another shilling close together—I took the prisoner and told him the charge—he said "I know where I got the two shillings, but I shan't tell you"—I found a good sixpence and a halfpenny on him.
Prisoner's Defence. I received the money for carrying a gentleman's luggage.
GUILTY . He then
PLEADED GUILTY** to a conviction of felony at Westminster in July, 1878.— Two Years' Hard Labour.
MESSRS. CRAUFURD and LLOYD Prosecuted.
ELLEN GREEN . My husband keeps the Northumberland Arms, Fashion Street, Spitalfields—on 13th February, about 4 p.m., the prisoners came in together—McCarthy called for some ale and paid with four pence—they drank it together, and then McCarthy called for another pot and gave me a shilling—I put it in the till; there were no other shillings there; my husband had cleared it before the prisoners came in—they drank the beer, and McCarthy called for another pot and gave me a good florin—he then called for a quartern of rum and gave me a shilling, which I put into the same till; then for a half-quartern of rum, and gave me a good sixpence—McCarthy left the bar for a few minutes and Hogan called for a pennyworth of tobacco, and said "When my friend comes back he will pay for it"—McCarthy came back and gave me a shilling for the tobacco; I put it in the till and gave him the change—my husband then came down and cleared the till, and the prisoners left directly—he went after them—these are the three shillings.
Cross-examined by McCarthy. Two women and a third man were with you—you all came in and went away together—I took no money after the till was cleared except from you—no one else was serving.
JOHN LEGG GREEN . I am the husband of the last witness—on 13th February, about 4 p.m., I cleared the till and went up to dress—I returned in an hour and five minutes and saw the two prisoners and another man and two women in the bar drinking together—I went to the till, in which I had left only two sixpences, and found a florin and three bad shillings—the prisoners left—I went after them, found them in the Frying Pan tavern 200 or 300 yards off, and gave them in charge.
HENRY MITCHELL (Policeman H 73). I went with Mr. Bear to the Frying Pan and found the prisoners drinking together—Mr. Green charged them, and I found on McCarthy six sixpences, a florin, and 11 1/2 d., all good—I told him the charge—he said "I know nothing about it; I am as innocent as the lady who took them"—I called another constable, who took Hogan.
Hogan's Statement before the Magistrate. "I was called in by McCarthy to have a drink of beer."
McCarthy's Defence. I know nothing about it.
MCCARTHY— GUILTY .He then
PLEADED GUILTY** to a conviction of felony at Stratford in January. 1882.— Fifteen Months' Hard Labour.
HOGAN— NOT GUILTY .
MESSRS. CRAUFURD and LLOYD Prosecuted.
LOUISA WRIGHT . My son keeps the Enterprise public-house, Long Acre—on 5th January, about 11 p.m., a young man came in and had a glass of ale and paid me 2d.—the prisoner then came in and called for a bottle of lemonade, which came to 2d.—he gave me a sovereign and I gave him the change, a half-sovereign and 9s. in silver—I saw them nudge one another with their elbows—the prisoner called for a cigar and gave me 2d. for it—he then pushed a half-sovereign towards me and said
"Give me silver for that?"—I saw that it was bad, showed it to my son, and said to the prisoner "This is not the one I gave you; I am not going to be done like that"—he said "If you have been done my friend done me"—I am quite sure I gave him a good one—I gave him in charge.
HENRY WRIGHT . I keep the Enterprise—I have heard my mother's statement; it is correct—she handed me a half-sovereign; I put it on the scales and found it was bad—he said to her "That is not the one I gave you"—she detained him while I went for a constable.
GEORGE SEABRIGHT (Policeman G 18). The prisoner was given into my charge—he said to Mrs. Wright "If you have been done my friend has done me"—I searched him at the station, and found two florins, 6s., a sixpence, and 3 1/2 d., all good.
GUILTY .— Eight Months' Hard Labour.
OLD COURT.—Tuesday, February 27th, 1883.
Before Mr. Recorder.
307. ALFRED EDWARDS (25) , Stealing a barrow value 3l. 10s., the goods of William Brannan, and a basket of 120 eggs, value 1l. 14s., the goods of the Great Eastern Railway Company. Second Count, Receiving.
MR. FULTON Prosecuted.
JAMES HENRY RATTLEY (City Policeman). About half-past 5 on the morning of 5th February I was standing between two vans—I saw the prisoner with a barrow, no one was with him at that time—I was in plain clothes and watched him—immediately after I saw a man come across the roadway and take the basket off the tail of the railway van—the prisoner ran across with it and put it on the barrow and came in my direction with the barrow—the other man ran away through the market—I stopped the prisoner and asked him where he was going—he said "To Gray's Inn Road, to my master's"—I said "What is your master?"—he said "A fishmonger"—he was then going away from Grays Inn Road in an opposite direction—I said "I saw you take this basket with another man off the tail of a van"—he said "I did not take it off, two other men did"—I said "Who are they?"—he said "They are fishmongers"—I then said I should take him to the station and charge him with it—going to the station with him I met the carman and the boy who saw the basket taken off—the prisoner gave an address in the Gray's Inn Road, where I found his mother-in-law lived.
WILLIAM BOWDEN . I am a van boy in the employment of the Great Northern Railway—I was with a van in Charterhouse Street at half-past 5 on the morning of the 5th February—I saw the prisoner with two other men—the two men took the basket off the tail of the van and put it on his barrow and he went off with it—the other men ran through the middle of the market.
Cross-examined by the Prisoner. The two men took it off the van and put it on your barrow and you ran off with it.
hired of Mr. Earne for eighteen months—I do not know the prisoner at all—I don't know how the barrow came in his possession—I put it up the court on Sunday afternoon—I did not authorise him to take it.
JAMES LINCOLN . I am a carman in the employment of the Great Eastern Railway—I missed a basket from one of the vans—the boy told me—I afterwards received it from the policeman and identify it as part of the property of the Company on my van.
The prisoner in his defence stated that the other two men had asked him to wheel the barrow down to the market, and that they were going to give him a shilling for doing it.
GUILTY .— Four Months' Hard Labour.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
WALTER SIMON ANDREWS (Police Inspector). I took the prisoner into custody on 2nd January at 20, Alexander Square, Brompton—he was then living there with a person named Alice Gill—I produce two certificates of marriage, which I obtained from Somerset House. (One of these was dated 3rd January, 1878, of the marriage between Horatio Nelson Lay, bachelor, corporal, and Clara Rote, spinster, at All Saints' Church, St. John's Wood. The second was dated 30th of September, 1882, of a marriage between Henry Walters , bachelor, and Alice Gill, spinster.) When the prisoner was charged at the station I said "Possibly a charge of bigamy will be made against you"—he made no reply.
JOHN HENRY THOMAS . I am a tobacconist, of 104, Harbour Street, Ramsgate—on 5th January, 1878, I was present at the marriage between Horatio Nelson Lay and Clara Hose—I was one of the witnesses and signed the register—the prisoner is the person I knew by that name at the time—I saw his wife about a month ago.
Cross-examined by the Prisoner. I was not aware that Clara Rose had been previously married—you stayed in my house a few hours after the marriage—it may have been half an hour—you were not there for a month afterwards to my knowledge—when you left London in July, 1878, I took a little cottage at Herne Bay, it was called Tower Cottage—I did not write to you from there to my house in Bryanston Street—I did not write to Mr. Bishop of 40, Portland Place, on your behalf, or to any gentleman in Grosvenor Garden—I was in the Royal Artillery—I left in 1867 in the ordinary way; I did not desert, I was discharged—I was in the army in the name of John Henry Thomas—I believe I told you that I had deserted—if it is necessary I can tell the story—I cannot remember the day on which I saw Clara Lay last—I think it was a week before I attended at the police-court about three weeks ago—it was at Ashford Station that I saw her—it was accidental, she was on the platform—I spoke to her—I was waiting for a train and I suppose she was—I had not been previously applied to by the police—Inspector Andrews came to my shop one evening and gave me a subpoena—he asked me if I had seen Clara Lay, and I said I had—that was about two days before I went to the police-court—I knew an officer in the army named Captain Edward James, at least I don't know him, I know there is such a gentleman—my wife was a Miss James. and he was her brother—I never heard that Clara Lay was married to him—I had not been
married previous to my marriage with Miss James—the boy I brought to my house was not my son—I introduced him as such simply because he was a little friend of mine—when I saw Clara Lay on the platform I simply asked her how she was—I had a little more conversation with her for about live minutes while waiting for the train—I am not positive whether I addressed her as Mrs. Lay—I might have said "How do you do, Clara?" for she had been lady's maid to my wife for some years—I don't know what name she is going by now—I don't know her address.
JOHN HARRISON . I am deputy superintendent registrar of the district of Kensington—I produce a register of the marriages of that district in 1882—I was present on 30th September, 1882, at the marriage of Henry Walters to Alice Gill—the prisoner is the man—I have seen Alice Gill in Court.
ALICE GILL . I am now staying at 4, Smith Terrace, Elthorpe Road, Upper Tooting—on 30th September, 1882, I was married to the defendant at the Registrar's office, Kensington—he described himself as a bachelor.
Cross-examined. I am not prosecuting you; I was not aware that I should be brought into it at all; Inspector Andrews told me in the first instance it wasn't for bigamy he wanted you, but something else—I should in no way prosecute you; I have been very much averse to coming here.
The prisoner, in his defence, asserted that his first wife having been previously married, she was not his lawful wife, and that he had therefore committed no offence.
309. HORATIO NELSON LAY was again indicted for stealing four shirts and other articles, the goods of Edward Hugessen, Lord Brabourne, his master, and two shirts the goods of Edward Knatchbull-Hugessen.
MESSES. POLAND and MONTAGU WILLIAMS Prosecuted.
EDWARD HUGESSEN, LORD BRABOURNE . One of my places is Smeeth Paddock, Ashford, Kent—early in October last the prisoner applied to me for the situation of butler, and entered into my service on the 23rd of that month—he stated, among other things, he had lived with Lord Bury and Mr. Halse—I wrote to Mr. Halse and received an answer—the prisoner was in my service in the name of Henry Walter —he left on 4th November in consequence of certain complaints, not complaints concerning honesty—these shirts marked "E.H.K.H." are my property—this handkerchief marked with a baron's coronet is mine, and this note-paper is similar to mine—I never gave the prisoner any of those articles nor authorised him to remove them from the house—the shirts and handkerchief were in the wardrobe, not the note-paper—he had the key of the wardrobe.
Cross-examined by the Prisoner. Two sheets of paper are produced to—if you had stayed a little time you might have had to write letters in the course of your duty—I asked you to arrange my wardrobe—I don't suppose I had 100 shirts—I never told you you might have anything—you had only been in my service a week—you had no right to take anything out of that wardrobe—I did not miss anything else—when you came into my service the outgoing butler gave you a list of the plate, and I checked it when you went—there was only a spoon missing, which might have been mislaid—her ladyship found fault with you, and when
I came back from London I sent for you and told you there were complaints, and that the best thing I could do was to let you go off at once, because the character you had come with was a very good one, and if I went into the charge against you I might not be able to give you as good a one—I don't remember if I asked you why you did not come up to do my room that morning—I don't think the plate was of any great value.
EDWARD KNATCHBULL-HUGESSEN . I am a son of Lord Brabourne—I identify as mine two of these seven shirts, and two of the six which were taken from 23A, Markham Street; also this handkerchief marked "E.K.H."
Cross-examined. It is quite possible for some of my old shirts to have got mixed up with his lordship's, but not very likely, because they were kept in a different room—I am sure these are mine—they are rather old, I should say about three years old.
ANNIE SPENCER . I am the wife of Charles Spencer, of 23A, Markham Street, Chelsea—I know the prisoner by the name of Egerton—he gave me six shirts to be washed and altered about three or four weeks before I was examined at the police-court—I afterwards gave them up to Sergeant Meredith.
Cross-examined. I did not say they were not worth altering; my friend who was going to do them said so—she said they were very much worn, and they certainly were.
ELIZABETH MORTIMER . I live at 61, Grove Place, Brompton—in January the prisoner lodged with me in the name of Walters for about six weeks, in the back room, first floor—this book and handkerchief which were taken by Inspector Andrews were taken from the room occupied by the prisoner.
JOHN ALFRED WOODYEAR . I have been staying at 20, Alexander Square—the prisoner lodged there for some few weeks before his arrest—he was allowed permission to stay there with his wife, Alice Gill, who was housekeeper there—they lived there as man and wife in the name of Mr. and Mrs. Walters—he was arrested there—he occupied the top floor, back room—after his arrest Alice Gill was discharged.
WALTER SIMON ANDREWS (Police Inspector). On 22nd January I went to 20, Alexander Square—the prisoner was not there on that day—I went up into the top floor back room with Alice Gill and Sergeant Meredith, and there saw these seven shirts marked "E. K. H."—I also found these other shirts in Bexley Road, Belvedere, on 7th February, after the prisoner's arrest—I also found this handkerchief and book—I produce the six shirts that I received from Meredith—they have been shown to the witness and identified—I also produce what I found at Mrs. Mortimer's.
Prisoner's Defence. I picked up the two books in a hurry on leaving, and when I got to London I put them in a parcel and went to Queen Anne's Gate, his lordship's residence, intending to return them, but as he was not in town I took them back with me, intending to return them personally.
NOT GUILTY .
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted;
MR. CARTER Defended.
CHARLES BOYD ROBERTSON . I live at 38, Onslow Square, South Kensington—in the beginning of December, 1881, I was in want of a butler—a man named Charles Lay came to me at the Foreign Office, where I am engaged—I conversed with him relative to the situation—he gave me the names of two or three persons in whose employment he had been—he wrote this name and address, "H.N.E. Herbert, Esq., Hackness Grange, Scarboro'"—I wrote to Mr. Herbert and received this reply: "Dec. 22, 1881. Dear Sir,—In reply to your letter of this morning I am happy to be able to answer your questions satisfactorily; I found Charles Lay a man somewhat superior in point of intelligence to most of his class, and I consider him sober, honest, and in every respect trustworthy. He did not when with me have charge of the wine cellar, that I always manage myself; but I should have no hesitation in trusting him to that extent. He kept my plate in truly beautiful order, and in fact everything else with which he had to deal. I am confident you will not regret it if you engage him. I remain, faithfully yours, H.N.E. Herbert. I omitted to state that with me he had 50l. a year." I believed that to be a genuine character, and in consequence I engaged Charles Lay as butler—he remained about three months, when I discharged him—I subsequently attended at the Westminster Police-court on a charge of his conspiring with the prisoner, not then in custody, for obtaining my situation by false pretences—he was committed, tried, and convicted in June last.
Cross-examined by MR. CARTER. I believe the letter came in the ordinary way by post from Scarboro'—I have not the envelope—I am quite certain this is the letter.
FRANCIS JOHNSTONE . I reside at Hackness Grange, Scarboro'—it is the property of Lord Derwent, my father—in August, 1881, the prisoner came into my service in the name of Edward Herbert , as butler, and remained till the February following—I have note-paper with the name of the house, Hackness Grange, Scarboro', upon it, like this (produced)—the servants would have access to it—I have seen the prisoner write—to the best of my belief this letter is his writing—Charles Lay was never in my service—I never heard of him.
Cross-examined. I have none of the prisoner's writing in my possession—I saw him write the morning he was leaving my house in the pantry, that was the only occasion—I have seen his writing on other occasions when he brought me his monthly book which he kept.
CORPORAL MAJOR HOLMES. I am troop corporal-major in the Royal Horse Guards—I have known the prisoner the last 9 years, it may be 12—I have seen him write, and know his writing—to the beat of my belief this letter is his writing.
Cross-examined. I would not swear to it, but to the best of my belief
it is his—he writes a very good hand—I have often seen him write—he had a deal of writing to do when he was orderly corporal, every week, and he would have to bring it to me—I have a paper here with his name, Nelson Lay, upon it—it is one that he left behind him when he deserted in June, 1878.
WALTER SIMON ANDREWS (Inspector). I apprehended the prisoner on a warrant in the name of Herbert Nelson Lay —I had known of him before in the name of Herbert—I said "Lay, I am Inspector Andrews; I am going to arrest you on all sorts of charges; I have a warrant for you, you know about it, get up and dress"—after a time he got up and partially dressed, and he then made a rush at me, seized me by the throat and struck me a violent blow in the side, and said "You b—, I will kill you"—we had a struggle—I ultimately put him into a bath and there held him till assistance came—he was very violent, it took five of us to get him down the stairs, he broke one of the banisters—we were obliged to take him without coat, waistcoat, or hat—he was very violent the whole way—I received the warrant for his arrest on 31st May, 1882, but did not arrest him till 29th January of this year—I had been looking after him, but was unable to find him.
Cross-examined. When I got him to the station I charged him on the warrant, and I further charged him with other things—it was 11 o'clock at night when I arrested him—he was in bed, I believe asleep—Alice Gill was with him, she was living there as servant—I did not pull him out of bed, I simply told him to get up and dress himself—nobody else was in the room—there were others within calling distance.
GUILTY .— Eighteen Months' Hard Labour. There was another indictment against the prisoner for assaulting Inspector Andrews.
NEW COURT.—Tuesday, February 27th, 1883.
Before Mr. Common Serjeant.
MESSRS. LLOYD and DE MICHELE Prosecuted.
JAMES MORLEY (Policeman C). On Saturday night, 17th February, about 11.30, I saw the prisoner and another man standing under a lamp in Trafalgar Square looking at something bright, and rubbing paper on it; their hands were together—Mew was with me—they looked towards us, and instantly jumped into a hansom cab which was passing—we followed them to the top of the Haymarket and then lost sight of the cab—I went to the Criterion Restaurant and saw the prisoner standing outside alone—I told him I should take him in custody for having stolen property and counterfeit coin in his possession—he made no reply—I took him to the station, and on the way he said, "What have you got me for?" I told him again and he said, "I have got nothing"—I found on him at the station five counterfeit florins wrapped up in an old song paper—I then went back to see if I could find the other man, and Newman had gone into the Criterion to look for him—I then saw the prisoner again, and he said that the other man brought him from the Elephant and Castle, and he was in the Criterion—we were in plain clothes.
Cross-examined by the Prisoner. The other man was dressed better than you.
WILLIAM THOMAS NEW (Detective Officer). I was with Morley, and saw the prisoner and another man standing under a lamp in Trafalgar Square looking at something bright and cleaning it—it was in the prisoner's hand—we went towards them, and they jumped into a cab, and drove towards the Haymarket—we followed as hard as we could run for a quarter of a mile, but lost sight of the cab at the top of the Haymarkot—we went to the Criterion and saw the prisoner outside alone—Morley went towards him, and I went into the Criterion, but it was so crowded and there were so many ways of going out that I could not find the other man.
WILLIAM WEBSTER . I am Inspector of Coin to the Mint; these five florins are bad; two are from one mould and three from another mould—bad coins are rubbed to take off the black stuff before they are uttered.
Prisoner's Defence. I am recently discharged from the army—I was at the Elephant and Castle, and a gentleman asked me to come over to the side of the water and paid my expense in a bus—he asked me to go to the Criterion with him, and we got into a cab and went there—a policeman caught hold of my arm, and I asked him what he charged me with—the gentleman gave me these coins in a paper—I did not know whether they were good or bad—I did not shine them under a lamp.
GUILTY .— Nine Months' Hard Labour.
312. WILLIAM DAVIS (21), PLEADED GUILTY to two indictments for breaking and entering the dwelling house of John Abbott and others, and the shop of John Restall and another, with intent to steal.— Eighteen Months' Hard Labour.
314. HENRY ESTE (27) [Pleaded guilty: see original trial image] to feloniously forging and uttering a request for the delivery of 8 albums, with intent to defraud, having been convicted of felony in February, 1881.— Twelve Months' Hard Labour.
FOURTH COURT.—Tuesday, February 27th, 1883.
315. JOSEPH COLBOURN (35) PLEADED GUILTY to stealing a mare, cart, whip, harness, and other goods of Joseph Pewtress, his master, having been convicted of felony in August, 1882, at Sedgeley, in Staffordshire.— Two Years' Hard Labour.
PLEADED GUILTY .
MR. FOSTER REID Prosecuted.
ALFRED SCRIVENER (City Policeman 505). On Wednesday, 24th January, I was at the Royal Exchange about 12 o'clock—I saw the prisoners in conversation—I watched them—I saw them walking about amongst the females who were waiting for an omnibus—a lady crossed towards Lombard Street—Anson went behind her and looked into her pockets behind—Roberts followed, and at the corner of King Street he went in front of her and kept her waiting for a second—Anson put a
newspaper over her bag and opened it—as he moved away I saw the hand-bag open—I went to take them into custody, and saw Anson hand the purse back to the lady—he ran towards the Mansion House—I called" Stop thief!"—another officer stopped him—I took them to the station and charged them—I found one halfpenny on Roberts, and a knife and a piece of pencil on Anson—Roberts refused to give any address; Anson gave a false one.
MARY ANN CATTERMOLE . I am the wife of Frederick Cattermole, of 50, Barnsley Road—on the afternoon of 24th January I was crossing Cheapside, and felt something touch my arm—my bag was open and purse gone—I caught hold of Anson—I said "You rogue, you have got my purse"—he gave it me back—Scrivener took him, and I went with him—nothing was taken out of the purse.
Cross-examined by Roberts. I cannot swear to you; I was so confused.
THOMAS GREEN (City Policeman 658). On 24th January, about 12.20, I was in Cheapside, heard a cry of "Stop thief!" and saw Roberts running towards the Mansion House, followed by several persons—he knocked one gentleman down who endeavoured to stop him—I stopped him and held him, took him to the station, and Scrivener charged him in connection with another person with a stealing a purse from a lady's hand-bag.
Cross-examined by Roberts. I did not see you down.
Roberts's Defence. I was not with Anson. I never saw him before, and he will tell you so—I do not know whether I was walking in front of him or not—the detective came across and said "Stop thief!" and I made away because I thought he would know me.
ROBERTS—NOT GUILTY. ANSON— Twelve Months' Hard Labour.
MR. FOSTER REID Prosecuted.
The evidence was interpreted to the prisoner.
HARRY LARKINS . I am manager to Messrs. Lesage and Co., bullion merchants, of 8, Lower Thames Street—I was there till 1.30 or 2 o'clock on 23rd December—I left 88l. in the office, of which 10l. was in the drawer in gold, silver, and copper, also some pencils, papers, stamps; a clock was hanging on the wall—I returned between 9 and 10 a.m. on Wednesday, the 27th—the place had been broken into, and between 28l. and 29l. stolen, as well as several stamps, the clock, and keys belonging to it, and between eight and nine yards of cloth—this cloth (produced) has been cut into three lengths, which correspond with the length stolen—this is the clock—I can also swear to these two keys and these pencils—this piece of wood was broken off a door, and a mark upon it is similar to a tool found in the prisoner's possession.
ROBERT DEAN . I am a porter to Messrs. Lesage—on 23rd December I locked up the premises about 2 o'clock—on the 27th I was let in by the housekeeper at the front door—I found the outer office door open, and the place in confusion—I missed this clock, these keys, and these pencils.
which communicate with No. 8—the party living in No. 8 were away, and I answered the bell—I never saw Bastard before I saw him at the station.
HERBERT HOWE . I am assistant to Mr. Wells, pawnbroker, of Broad Street, Bloomsbury—I produce a clock pledged with me on 27th December in the name of John Rene for 2s. 6d.—I do not recognise either of the prisoners.
JAMES HOBBS . I am assistant to Messrs. Warden and Starkett, pawnbrokers, of 95, Westminster Bridge Road—I produce about seveneighths of a yard of cloth pledged by Lecomte in the name of Mary Williams for 15s.
WILLIAM EDWARD ARCHBUTT . I am a pawnbroker, of 201, Westminster Bridge Road—I produce two yards and three-quarters of black cloth pledged by Lecomte on 27th December in the name of Louisa Rene for Louisa Williams for 15s.
SOPHY GRALL . The prisoners lived with me at 35, Wood Street, Westminster, for about nine months—they left on 24th January early in the morning or in the night—they and two others owed me 15l.—I afterwards searched their room, and found these pencils.
TIMM KUHRT (Policeman C). I was present when Lecomte's box was searched, and these four pawntickets were found; three relate to cloth, and one to the clock produced—I took Lecomte on 29th January on the charge of breaking and entering 8, Lower Thames Street—I searched the box in the room the prisoners occupied, and found this revolver loaded in four chambers, two chisels, and two daggers—on 30th January, about 9.45 a.m., I went to 8, Lower Thames Street; I was shown this piece of wood which had been forced off the writing table in the office where the money was stolen from—there is a mark on it—one chisel fits.
The Prisoners' Statements before the Magistrate. Bastard says: "As regards what was found in the house they do not belong to me. I have nothing to do with the house; I have never set foot in it. All the things found, including the revolver, were given to me by Henri Fournier. He brought them to me, and asked me if I had room in my box. I went out on the Sunday to Gadrum's. I did not come back till the Tuesday. On the Sunday Henri Fournier came down from his room bringing some sheets, saying he had received those articles. He begged me to pawn them; he did not speak a word of English, and wanted to pay his landlord when he pawned them. My wife took the clock on the Tuesday. If we had known he had stolen them we never should have taken them into our possession."
Lecomte says: "On the last occasion I did not admit I pawned the things, because on the last occasion I saw the person in Court who might have warned Henri Fournier."
Lecomte's Defence. I protest against this accusation being brought against my husband and myself. We received the cloth, the pencils, the clock from a man named Henri Fournier, who left for Paris a week after we were arrested. He also rendered to me the night before we left Wood Street the two chisels, the revolver, and two knives; he had paid 3l. he owed to the landlady the week before. He brought some daggers, which
were found in my place, also a pair of trousers, and various other articles, and he told us that he had received the money from his friends in Paris by a post-office order. He went to Paris with a man named Jerome. He gave us all these things for the purpose of living together at 23, John Street. My husband and I are quite innocent of the robbery. Had I known these things were stolen I should not have given my name on the ticket when I pawned them. I gave some English, and not a French name, because they would not be able to spell or write it. Immediately I came to Clerkenwell, after being taken in custody, I wrote a letter to the Magistrate directing him have Henri Fournier arrested.
NOT GUILTY .
MR. FOSTER REID Prosecuted.
CHARLES MALTBY . I am a grocer, of 261, Caledonian Road, Islington—I locked up my house securely on a Monday night and went to bed about 11.30—my wife awoke me in the night—I got up, and lit a candle; I heard a noise, ran downstairs and into the yard, and saw doors open—I unlocked one door and ran round to Bingfield Street; the prisoner was getting over the rails—I said "What do you want here?"—I do not know what he said, but in running he dropped one of my boots—I called out "Stop thief!" and "Police!" and ran after him—coming back I saw a cabman—I went back home—this is my boot which I picked up—I saw the prisoner's features—the cabman brought him to my house just after I got back—he must have got in by opening a small window, opening a door, and forcing the parlour and kitchen doors.
Cross-examined by the Prisoner. I did not say you had a brown coat on—I said I thought the coat was different, and you looked certainly better there than you did when I saw you.
HENRY THOMAS BENNETT . I am a cabdriver, of 3, Bride Street, Liverpool Road—about 2.30 on Tuesday morning I was going up the Caledonian Road, and saw the prisoner running and Maltby behind him, who said he had broken into his house—he called out "Stop thief!"—I turned my cab round and pursued the prisoner up the Richmond Road, round Matilda Street; the prisoner popped through a gateway into a garden; I pulled the horse up in front of it—the prisoner said "You don't want to lag me, old man, do you?"—I made no answer—I saw a constable, and saw the prisoner run, and the policeman after him—Maltby came up and told the constable the prisoner had broken into his house.
KILNER CANTWELL (Policeman Y 324). About 2.45 a.m. on 30th January I heard Bennett say "Stop that man"—I was about 15 yards from the prisoner, who ran away—I caught him in 150 yards—he said "I have done nothing; I have just come up from King's Cross"—Bennett drove up—I said "What has he been doing?"—the prisoner said "A gentleman has been running after me in the Caledonian Road"—I took him back, and Maltby gave him in charge—his hands were black and wet as if he had been over some sheds—I took him to the station and charged him with stealing those boots—I examined the premises the same morning—I found the doors broken open, and fourteen or fifteen marks on the door—this jemmy corresponds in size with the marks.
Cross-examined by the Prisoner. I did not see you in any gateway.
WILLIAM JACKSON . I am a packer, of 29, Hemingford Road Islington—I found this jemmy in my back garden—I handed it to the constable—it could have been thrown over the back wall from Gray Street—the wall is about four feet high.
WILLIAM BETTY (Policeman Y 496). On Tuesday morning, 30th January, I searched Maltby's house—I picked up this boot, which he identified—I had seen another man with the prisoner about 1.30, about 60 yards from the house.
The Prisoner's Statement before the Magistrate. "I was coming from King's Cross, and the cabman drove furiously after me. I am innocent of this charge."
Prisoner's Defence. I heard the cry of "Stop thief," and ran into a gateway. I thought the cabman was drunk. Seeing him stop, I came out and asked him what was the matter. He asked why I had run into the gateway. I said I did not want my legs broken. We came to a constable, and the cabman tried to turn his horse on to me. I ran into another gateway. The constable came up, and the cabman said I had broken into some one's house in Richmond Road. I was taken to the station. We passed a house which was lit up, and the prosecutor came out, and said "That is the man, I thought he had a brown coat on, and his handkerchief was not tied in that manner." I know nothing of the robbery, neither was I by the house. I was at the coffee-stall at a quarter past 2, and it was impossible for me to have broken into any one's house at 2.
GUILTY . He then
PLEADED GUILTY* to a conviction of felony at this Court on 30th January, 1882.— Two Years' Hard Labour.
WILLIAM SHEA (City Policeman 756). About 5.30 a.m. on Tuesday, 13th February, I was on duty in Fish Street Hill—my attention was called to the prisoner in the Steam Packet public-house, the corner of Fish Stree Hill—I saw him with two others round the prosecutor—after being there some time I saw him put his hand into the prosecutor's pocket, and draw something from it, when all three came out of the house and went up Fish Street Hill—they turned into King's Head Court—I ran along Thames Street and up Pudding Lane, and walked steadily to King's Head Court, when the prisoner and the other two not in custody came out of the court—the prisoner had the purse in his hand, and gave one of the others something—I caught hold of him, and held him for some time, when the third man struck me in the neck, and kicked me, and pushed me against something—I still held them, but they tried to put me underneath a loaded van in Pudding Lane—I struggled, and got the prisoner underneath a waggon—I was obliged to loose the other man—the prisoner threw the purse away—I called to a porter, and he picked it up and followed me to the police-station, where I took the prisoner—I searched him, and found seven shillings, two half-crowns, a two-shilling piece, and a Hanoverian medal in his trowsers pocket.
ANDREAS OLSEN . I am a sailor, residing in Fish Street Hill—on Tuesday, 13th February, I was in a public-house in Fish Street Hill, drinking with the prisoner and his companions—I treated them—the prisoner
followed me a long while—this purse is mine—I had in it hall a sovereign and some silver—this medal is mine, and the key—I had my purse out to pay for drink during the day—the prisoner pulled out my purse—he and his companions ran away.
Cross-examined by the Prisoner. I did not ask you to show me St. Paul's, and round the City, I said I wanted to go to St. Paul's, and you followed me.
ALFRED GARRETT . I am a barman at the Steam Packet public-house, Fish Street Hill—on Tuesday afternoon, 13th February, the prosecutor was in our bar drinking with some men—Shea came in and had some refreshment, and spoke to me—I kept a look out—the prisoner kept getting drink out of the man—at the finish they pulled him back again, and shoved him against one man's arm, and got away his purse.
GUILTY . He also
PLEADED GUILTY** to a conviction of felony at the Mansion House Justice Room in August, 1882.— Two Years' Hard Labour.
320. JOHN GARLICK (27) , Burglary in the dwelling-house of Ferari Francisco, and stealing two bills of exchange, and various orders for the payment of money, and 13s. 5d., the property of Paul Polenghi. Second Count, receiving.
MR. FOSTER REID Prosecuted.
WILLIAM WEIGHT (City Detective). On 22nd January, about 6.45, I with Hunt and Parsons apprehended the prisoner at Euston—I said we were officers, and I wished to speak to him about a cheque he had given to his mother—he said he had not given it to his mother—I told him his mother and father were in custody at the bank, and that they had said they received it from him on Wednesday last—he said he had not given her the cheque, and afterwards that if he did give her one he must have been drunk at the time—I told him he would be charged with breaking and entering No. 61, Charterhouse Street on the 16th, and stealing four cheques, two bills of exchange, and some money—he said he knew nothing about it—I asked him what he had done with the remainder of the cheques and the money—he said his companion had stolen them from him—I told him his mother had stated she had received the cheque, and that she had seen in his possession three other cheques—he said his companion had robbed him of the whole—I took him to the police-station—I told him that was the cheque he had given her—he said "My mother and father are innocent of this robbery; I know nothing about it."
FERARI FRANCISCO (Cross-examined through an interpreter). I am a warehouseman, employed by Paul Polenghi, of 61, Charterhouse Street, and live on the premises—on 16th. January I left the premises at 7.30., the outer door being safely locked—I returned at 12.40.—I saw two individuals run away from the window—the window was fastened when I went out.
MARY JENKINS . I am the wife of John Jenkins, and reside at Blanchard Road, London Fields—the prisoner is my son by a former husband—on Wednesday, 17th January, he gave mo this cheque for 7l. 3s. 9d. between 2.30. and 3 o'clock—I was at my street door—he asked me how I was getting on, and had his father got any work; that was his father-in-law—I said, "No, you know that, he has had none since a fortnight before Christmas"—in a few minutes he took that cheque from his pocket with some others and said, "That will help you; you will get that at the corner of John Street at the bank"—he had three or four like that in paper—he had had something to drink.
PAUL POLENGHI . I am a wholesale provision merchant, of 61, Charter-house Street—on 17th. February, on arriving at my warehouse, I found the desks had been broken open and the papers removed—I missed some foreign coins—I have not seen them since.
THOMAS SUTTON . I am manager to the prosecutor—on 17th. January, on reaching my warehouse, I found the desk had been broken open—several cheques were missing, some money, and two bills of exchange—this is one of the cheques.
Prisoner's Defence. My father and mother are not able to read or write. I cannot account for being in possession of the cheque; I was drunk at the time. As to having more of them, this is the first time I have seen that one. The detective said he showed it to mo in the station-house; he never did; I have never had it in my possession yet.
GUILTY of receiving. He was further charged with a conviction of felony at this Court on 13th. July, 1874., to which he
PLEADED NOT GUILTY.
JAMES CATCHPOLE (Policeman G). I was present in July, 1874, when the prisoner was convicted and sentenced to 18 months' hard labour and five years' police supervision—I knew him well; I am positive he is the man.
Prisoner's Defence. I enlisted in November, 1875., and from July, 1874., to November, 1875., is not eighteen months.
GUILTY.— Two Years' Hard Labour.
OLD COURT.—Wednesday, February 28th, 1883.
Before Mr. Justice North.
MR. HARRY GIFFORD Prosecuted; MR. FULTON Defended.
GEORGE JOHNSTON . I am a paper-stainer, and live in Barnsbury Road, Islington—the deceased William Johnston was my brother; he would have been 27 next birthday—he lived with me—he was a painter by trade—on Saturday, 20th. February, about 9 o'clock, he and I went into a public-house in Graham Street, City Road, and there saw the three prisoners; I knew them as fellow-workmen—somebody proposed to play skittles, and we went to the Dock public-house and played skittles—we then went to the Duke of Bridgwater public-house—Jackson asked me for a penny for setting up the skittles—I said I could not spare one just now—he said "I want it"—I said "I can't spare it"—he punched me in the mouth—I said "If you were big enough I would give you a good hiding"—I and my brother then left the house—the prisoners came after us—they were all going out together, and I said to my brother "Bill, we will go with them"—when we got out I saw Jackson telling Alf Kingman that he had punched me in the mouth—I said "What are you talking about, Jackson?"—he said "About punching you in the mouth,
and I would do it again"—I then struck him back; he struck me first; that was in the Duke of Bridgwater; he did not strike me a second time; when I struck him, he called Daniels up—I said "Jackson, what do you call Daniels for?"—he said "To take my part"—Daniels came up and said "So I will take his part;" and he went to hit me; he did hit me, and then my brother hit him back—this took place in the City Road, on the pavement—then the two had a fight and fell in the road—they both got up—they were all right that round—nothing had been said about fighting before—then Daniels wanted to fight me because I was his own size—my brother said "You won't fight him, you will fight me"—Daniels said "Do you think I am going to fight a man of 25. and I am only 18?" then he said to my brother "I will put a knife through you"—he had no knife then—my brother pushed him and they both closed in at one another, and while they were fighting, Jackson and Wilsdon punched my brother, and Daniels threw my brother on his head—I picked him up and took him home and laid him on the sofa—the prisoners went away—it was about 9.30. when I took him home—I went out again and came back about 11.30., and found him on the floor groaning—I put him into bed, and next evening, Sunday, I took him to the hospital in a cab and left him there—he died on Monday morning.
Cross-examined. When the prisoners left the Dock public-house, they did not invite us to go with them—we followed them for the purpose of renewing the quarrel—my brother took no part in the dispute between me and Jackson—he was a much bigger man than either of the prisoners—he was not stronger, he looked stronger—when he struck Daniels the people did not call out "Shame," they called out "Go on, little one; pay him, little one"—Daniels was very anxious not to fight my brother because he was a bigger man—he hit him with his fist in the face; it did not knock him down, it was a blow with all his strength, right from the shoulder—Jackson and Wilsdon were not attacking anybody then, merely talking—Daniels and my brother were fighting perfectly fair till Jackson and Wilsdon punched him—I was looking after the others to keep them back—there were three more besides these three—Daniels got my brother round the waist and threw him in the road on his head and back—I saw his head come against the ground—I did not say before the Magistrate that the people cried shame when my brother struck Daniels. (The witness's deposition being read, it so stated.) Jackson and Wilsdon were punching my brother at the time he was thrown—I did not interfere in the first round, I was talking to Jackson in a friendly way, I was not encouraging my brother to fight.
Re-examined. We did not follow the prisoners with the intention of fighting them, we were going with them to the playhouse.
MIHANDA BARRIGEA . I am house-surgeon at the Royal Free Hospital—the deceased was brought there at half-past 8 on Sunday evening, 21st February—he was quite unconscious, he remained in that state till he died at 6.45. a.m. on Monday—the injury to the head was very superficial, there was an abrasion over the left ear—on making a post-mortem examination it was found that the left temporal bone of the skull was fractured and there was much bleeding inside the skull, compressing; the brain—that was the cause of death—the injury might have been caused by a heavy blow with some blunt instrument, or a fall—a man's fist
would not be very likely to do it—it is possible but not probable—a violent fall on a stone would do it.
WILLIAM POWELL (Police Inspector G). On Monday afternoon, 22nd January, I arrested Daniels and Jackson in a public-house—I told them what it was for—Daniels was about to make a statement and was advised not to do so, and he did not then, but in going to the station he said "He wanted to fight me, but I did not want to fight him, as he was bigger and stronger than me; lie caught hold of me and in the struggle he fell and struck his head on the tram line"—I afterwards apprehended Wilsdon—I told him the charge—he said "I did not hit him, I went to pick him up, it was all over a game of skittles"—at the station both Jackson and Wilsdon said in answer to the charge "We did not strike him"—Daniels said "He folio wed us over the bridge after he fell"—Jackson and Wilsdon said "Yes, he did."
Witness for the defence.
HENRY CROUCH . I am a paper-stainer—I am 18. years of age—I was with the three prisoners at the Duke of Bridgwater on this Saturday night—George Johnston offered to play anybody one game of skittles—two of us offered to play him—he would not pay his money as he ought to have done, and there was a dispute about a penny; then there was a blow struck by Jackson on George Johnston—I went out with the prisoners—we said we would go to a place of amusement—the Johnstons were not to go with us—they followed us on to the City Road bridge—they stopped there and Jackson called Daniels—we were in front—we all went back—George Johnston said "What did you call Daniels for?"—Jackson said "To see me righted"—Daniels said "So I will see him righted; you offered to fight anybody of your own size at the Duke of Bridgwater; I am your size, I will fight you"—George Johnston said "No, you fight my brother"—Daniels said "What, me fight a man of 25. and I am only 18"—with that there were a few words between Jackson and George Johnston, and George Johnston struck Jackson in the mouth—it was a hard blow with his fist—Daniels went to interfere and William Johnston struck him, and they fell to the ground—they got up again—they were all right then, and they walked to the kerb, then William Johnston said "I won't fight you now, we will have it out another time"—Daniels said "I don't wish to fight you, you are too big and too strong for me"—with that William Johnston struck Daniels in the nose and made it bleed—up to that time no blow had been struck by Daniels—they then closed with each other and fell from, the kerb into the road together, Daniels on the top—Johnston fell on his back—George Johnston was standing by looking on—I saw Wilsdon trying to part them once just before the first fight—there is no truth in the suggestion that Jackson and Wilsdon set on the deceased just before he was thrown to the ground, or that they punched him about the head and face.
Cross-examined. I knew the deceased and his brother twelve or eighteen months—I have known the prisoners much longer.
NOT GUILTY .
MR. ISAACSON Prosecuted.
CAROLINE STAGG . I am the wife of Henry Stagg, of 15, Tudor Grove, Well Street, Hackney—I know the prisoner—on Saturday, 10th. February, about 10 minutes past 12, she brought her baby to my house and said she had taken laudanum herself and given it to the child—she gave me two bottles—she did not seem very ill, but very much distressed in mind—I knew that the child was illegitimate—she said she had no food to give the child and no money to get any—she did not say anything about the father of the child—she did not seem to have command of herself—I have known her some time—she has been very kind indeed to the child—she was removed to the infirmary about half-past 6; it was about noon when she came to me—I took the child to the doctor as soon as she came in—this is the child—it has recovered now.
SAMUEL WILSON , M.R.C.S. I live at 155, Layard Street—about 3 o'clock on the 10th. I saw the prisoner there—she had been brought there earlier, but I did not see her till then—she was suffering from the effects of opium poisoning: contracted pupils, coldness of the extremities, drowsiness, giddiness, slow pulse, and sickness—she was rational, although drowsy, and appeared to be extremely miserable and desponding—I knew her previously—she said she wished to be locked up to create a sensation—I heard from Mrs. Stagg that she had taken three teaspoonfuls of laudanum; that would have been sufficient to destroy life if she had not vomited—the child had also been sick, but for that I am afraid it would have died—I can't say the quantity it had had—the prisoner has been under the charge of the Union since.
GEORGE NELSON (Policeman N 100). On Saturday evening, the 10th., I was called by Mrs. Stagg, who gave the prisoner into custody—I' took, her to the station and charged her "with attempting to poison it with intent to murder—she made no answer at that time—when I took her into custody she said she should not have done it, but she was destitute, and she did not know what she was doing.
Prisoner's Defence. When I administered the poison to my child I was quite destitute, and had been so almost the whole month. The father had been away four months, and I had been without a situation all that time. I had removed the child in consequence of not being able to pay for her. I gave her to another person; after she was there some time I was not able to pay for her, and I had to remove her. On this Saturday morning I really did not know what to do; I had no money to get the child any food; I had taken it away the night before, and I really know not what I did. I bought the poison, threepennyworth, and gave half a teaspoonful to the child and took two and a half myself, and when I done it I really knew not what I done.
GUILTY on second count. There was another indictment against the prisoner for attempting to murder herself, upon which no evidence was offered.
MR. PELLEW Prosecuted; MR. BURNIE Defended.
MARYANN ROBERTS . I am married, living at 3, Windsor Terrace, Bishopsgate—on May 29, 1871, I was present as the witness at the marriage of the prisoner to Ellen Tooey at the Catholic church, St. Mary, Moorfields.
(A translation of the certificate, which was in Latin, of the marriage of
Alexander Collins with Ellen Tooey, on 29th May, 1871, was read) I knew Ellen Collins well—I saw her to-day.
Cross-examined. They lived together for about 18 months after the marriage, and I have never seen Mr. Collins since then till I saw him at the police-court—I have seen Mrs. Collins from time to time—I have never seen them together for nine years now.
By the COURT. They lived together in New Street, Gravel Lane, after the marriage until it came down for the railway nine years ago—I saw her from time to time after that; I don't know where she lived; I used to see her at her work in Houndsditch—she buys clothes—I saw her several times a year.
Re-examined. I have not seen her in her home since she lived with the prisoner—I have not seen Mr. Collins since.
MARTHA LEVEY . I live at 53A, High Street, Woolwich—on 3rd May, 1881, I went through the ceremony of marriage with the prisoner before the registrar—this (produced) is the certificate—I thought he was single; I don't remember his saying anything to me about it—I had a grocer's shop at Woolwich then.
Cross-examined. I have been told the Grand Jury have ignored the bill as to the other charge.
Re-examined. It was for attempting to murder his first wife.
MR. BURNIE submitted that there was no case to go to the Jury, as there was no evidence to show that the husband and wife had been living together within seven years previous to the second marriage (see Queen v. Lumley, Queen v. Briggs, and Queen v. Chirgurwen, Archbold).
The COURT considered that there was no evidence that they had not been living together.
MR. BURNIE then contended that the statute had not been complied with in the first marriage, as it had not been proved that the priest was in Holy Orders, or the church properly registered, the certificate being in Latin and signed by a Roman Catholic priest.
MARY ANN ROBERTS (Re-examined). I saw the ceremony take place—after the marriage I signed the book as the witness at the altar—the clerk stood by the altar—I don't know if I signed my name or put a cross.
MR. PELLEW stated that the certificate was extracted from the register, which would presumably be certified by the registrar. It was necessary that the registrar should be present, but there was no evidence of his presence.
The COURT held that there was no evidence that the first marriage was legal, and directed a verdict of
NOT GUILTY .
NEW COURT.—Wednesday, February 28th, 1883.
Before Mr. Recorder.
WILLIAM BOLTON PLEADED GUILTY .— Eighteen Months' Hard Labour, and to enter into recognisances . MR. MONTAGU WILLIAMS, for the prosecution, offered no evidence against ELIZA BOLTON, she being the wife of the other prisoner.
NOT GUILTY .
326. CHARLES WYLIE (16) [Pleaded guilty: see original trial image] to Feloniously forging and uttering an endorsement to a cheque to a cheque for 1l. 8s. 10d. with intent to defraud,— One Months Hard Labour . And
328. HENRI SANDERS (25), JULES LEROY (25), FLORENT MERNET (21), and CHARLES MARTIN (66) Unlawfully obtaining certain painting from Theodore T'Scharner and others by false pretences. Other counts for conspiracy.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. O'CONNOR POWER, appeared for sanders, MR. RIBTON for Leroy, MR. ROLAND for Mernet and MR. FRITH for Martin.
ALPHONSO PATTINI (interpreted). I am Director of the Municipal Schools at Rome—my brother Theophilo is an artist—I know a picture by him which was in the Milan Exhibition, I am part proprietor of it—I received this card in February last, and sent it to my brother (This was in French, from C.M. Reust and co., 22, Newcastle street, Strand inquiring the lowest price of the picture exhibited at Milan including packing and carriage to the port of embarkation)—on 26th February I wrote an answer and posted it and received this post card (dated 6th March, from C. M. Reust and co., offering 3, 500 francs for the picture) I sent that to my brother, who gave directions for the picture to be dispatched to England, and it was sent off—I wrote to Ruest and Co. on 22nd March and waited till 16th April, but on money arrived—I then sent a telegram to 22, Newcastle street and no 18th April wrote in French asking for payment, but received no reply—I communicated with friends in this country and then came to London and saw the picture without the frame—it had a frame when it left Rome—this it is (produced).
Cross-examined by MR. FRITH. My brother is not here—we live in the same house—I am only part owner of the picture.
EDWARD SMITH . I am clerk to Atkins and Nisbet, forwarding agents—on 3rd April, 1882, they received a case from Boulogne, addressed to Roust and Co., 22, Newcastle Street, Strand-we sent a carman with it, who brought it back as he was not able to deliver it—bout five days afterwards the prisoner Martin came and brought this order: "April 6, Please deliver to Roman's cart one case consigned to us from Turin, &c. C. M. Roust and Co."—he said that he came for the case, and wanted us to deliver it that day, but we could not as we had no Tan-we asked for a printed bill-head as a mark of identification, and he produced this printed paper: "C. M. Roust and with 22, Newcastle Street, Strand"—Martin afterwards called again with Roman's cart and the case was taken away.
Cross-examined by MR. FRITH. I saw Martin twice that day—I had never seen him before—I was busy.
MATTHEW ROMAN . I am a carman, of Tower Hill—in April last Martin gave me an order to fetch a case, and came to me with the carman and the case—it was subsequently opened, and contained the picture which M. Pattini has identified—it was in a frame—some one had been
to inspect it before that, but I don't know who it was—it was fetched away in Tomkins's cart by this order: "Mr. Roman—Please deliver to bearer one case.—C. M. Reust and Co."
FREDERICK ALBERT WOOD . I am articled clerk to my father, a solicitor, of Bedford Row—in August, 1881, he had the letting of the shop 22, Newcastle Street, Strand, and let it in September, 1881, to the prisoner Martin, who gave the name of Martin Reust—we received letters from him from time to time, some of which were on printed headings—he left in the beginning of April, 1882—we never got any rent—I went there after he left, and found among other papers this letter from Rome, with the postmark April 18, also a telegram and a post-card.
HENRY DEARLOVE . I live at 23, Newcastle Street, Strand, and know Martin as the tenant of a shop next door, which was never opened for business—he used to let himself in and pass out again—no business was done there—I saw a case brought there the same size as this large picture, the carman kicked at the door but nobody answered—something was written across the window about being a commissioner—he left suddenly.
THEODORE T'SCHARNER . I am an artist, of Thun, in Flanders—I exhibited a picture at Vienna last autumn, which appeared in the catalogue with a description, and my address Place de I'lndustrie, Brussels—I afterwards received this letter on a printed heading of Nuna D. Davis. (This was in French, stating that one of Mr. Davis's traveller had seen M.T' Scharner's picture as he passed through Vienna, and requesting to know the price, free to terminus of departure. Signed, NUNA D. DAVIS.) I replied, informing him that the picture belonged to the Belgian Government, and was withdrawn from the Museum to be exhibited in Vienna—I then received this letter of 7th September, with the same printed heading. (This was from Nuna D. Davis, requesting the witness to send other pictures to hang in his gallery for sale.) I replied, stating that I had four pictures for sale, and received this letter, with the same printed heading. (Requesting the witness to send the four pictures named, which should be placed in the first galleries of the town, and that his son would call and settle the value of them.) I then sent these four pictures (produced), and received this letter of 19th September. (On the same heading, stating that the pictures had arrived that day in good condition, except two or three accidents to the frames, and praising the execution.) I asked 8,000 francs for the four—the son did not visit me as promised, and I never heard anything more—on 1st November I wrote this letter. (To Nuna D. Davis, requesting him to return the pictures, which he would replace by others.) I received no answer to that, and then wrote this letter of 10th November. (Again requesting the pictures to be returned, if they did not please the public.) I got no answer, came to London, and saw my pictures at the police-station.
ARTHUR WILSON . I am manager to Mr. Alt, a pawnbroker of 11, Greek Street, Soho—these four pictures of Mr. T'Scharner's were pawned with me on 20th September by Leroy to the best of my belief, in the name of A. Puzin, 54, York Road, Lombeth, for 80l.—another man was with him—they were redeemed by Johnson, of Carlisle Street, on 4th October, who produced the contract note.
Cross-examined by MR. RIBTON. I had never seen the person before—he was there perhaps half an hour—I saw him next several months afterwards at the police-court—the four prisoners were in the dock, and
I identified Leroy—I have no doubt about him—I believe I should know the other man if I saw him—I believe it was in the morning—I took them into a warehouse adjoining the shop—Mr. Attenborough was there, and there may have been a lad—inquiries have not been made of them whether they can identify the men.
PAUL HAEEART (Interpreted). I am an artist, of Louvain—in September last I exhibited at Antwerp two pictures, "Lundi" and "L'Attente," and afterwards received this letter. (This was on a printed heading of H. Sanders, of 92, Belvedere Road, S.E., dated 21th October, 1882, requesting to know the lowest price for the pictures "Lundi" and "L'Attente" as a gentleman had commissioned him to obtain them.) I replied, and received this letter. (Dated 27th October, from H. Sanders, agreeing to purchase the two pictures for 1, 450 francs, and ordering them to be sent to him.) I sent them off on 4th November, and on the 6th I received a letter stating that they had arrived safely—I never got paid—I wrote to the same address concerning the payment, and my letter was returned through the post—this catalogue (produced) contains the names of the two pictures.
Cross-examined by MR. POWER. I had no previous acquaintance with Sanders, and no means of judging of his writing—the Utter may have been written by any one else.
EUGENE GIRARDET . I am an artist, of 27, Rue du Generale, Paris—I exhibited two pictures in the Antwerp Exhibition last year, and they appeared in the catalogue with my address, 8, Avenue de Paris, Versailles—on 23rd October I received this letter by post. (This was from Sanders, of 82, Belvedere Road, stating that he was commissioned to treat for the two pictures, and requesting to be informed of the lowest price with carriage and packing.) I replied, stating that the price of the two was 2, 600 francs—I then received this letter of 27th October. (From Sanders, ordering the pictures to be sent, and stating that a cheque on the Credit Lyonaise would be sent.) I then wrote promising to send the pictures when they came back from the Exhibition, and on 9th November I received this letter. (Giving a new address, 8, Stanford Street, Pimlico.) When I received that, the pictures had been sent off to the old address—I then received this letter of 27th November. (From Sanders, stating that although he had received the witness's letter stating that the pictures had been tent, they had not arrived, and requesting him to telegraph the date when they were sent off, and that on their arrival the money should be sent in bank notes.) I then received this letter of 30th November, signed "H. Sanders." (This stated: "I have received the pictures. The purchaser will see them at my house and pay me the 2, 600 francs, which I will forward to you.") I never received the money—I came to London, and gave information to the police—this (produced) is one of the pictures—I have not seen the other—they are both in this catalogue—I sent them believing the statements in the letters.
Cross-examined by MR. POWER. I don't know Sanders's writing.
LEON OLIVIE . I live at Paris—on 22nd November I received this letter. (On a printed heading, "Gronsmith and Son, Pimlico, ancient and modern tables, objets d'art, &c.," requesting to know whether certain works of art recently exhibited in Belgium were sold, and if not, requesting to know the lowest price for them, including carriage and packing.) I replied, naming 300 francs as the price of two pictures, and received a letter with the
same heading, but the address altered to "2, Dorset Street" (Ordering the pictures to be sent, and stating that payment would be made either by cheque on the Credit Lyonaise or in bank-notes)—I forwarded the pictures to Dorset Street, and then received this letter. (Dated 4th December, from Gronsmith, acknowledging the safe arrival of the pictures, and stating that his son would be in Paris that week, and would call and pay for them.) The son never called, and I never received the money—I wrote several letters, which were returned by post—these are the pictures, and this is the catalogue.
LIONEL BAES . I am an artist, of Brussels—I exhibited a picture at Antwerp last year called "Le Cafe," with my name and address in the catalogue—I afterwards received this letter of 27th December. (This was from Lavadat and Woreschi, of 47, Wynford Road, Caledonian Road, on their printed heading, stating that they had seen "Le Cafe" at Antwerp, and inquiring the price.) I wrote this letter (Found at the prisoner's lodgings), stating that the price was 250 francs—I then received this reply. (Accepting the price, ordering the picture, and stating that a cheque would be sent, or Belgian bank-notes.) I then wrote this letter of 29th December. (Stating that the picture had been forwarded, and requesting the amount to be sent in Belgian notes.) I did not receive the notes, and on 9th January sent this post-card. (Requesting that the money should be sent by return of post.)—I received no money, communicated with the Consul, came to London, and gave evidence—this is my picture (produced)—I sent it, believing that the writer carried on business at that address.
JANE ELWELL . In August last Leroy lived in my house, 28, Royal Street, Lambeth, eight or nine weeks, in the name of Nuna Davis —he paid 12s. a week—Sanders stayed with him one week, and they went out together—this glass plate, "Nuna D. Davis" (produced) was on the door—between 30 and 40 foreign letters came every day—four pictures came, but the cases were too big to come in, and they were sent to 54, York Road—I went there and saw them, and have seen them here—Inspector Chamberlain came to my house, and the prisoners left the same day—after that 65 letters came, and some bronze figures, which were sent back—I handed to the police five catalogues of foreign exhibitions which were left behind.
Cross-examined by MR. RIBTON. A number of letters came while Sanders was there, but no pictures—I did not know his name—they could not speak English, but I speak a little French—they asked me what Chamberlain said and I told them, and they went away the same day, leaving a box till Saturday night—neither of them had given me notice.
Cross-examined by MR. POWER. I don't know whether Sanders came in the spring or the autumn; I know the difference—it was about a month after the pictures were brought—I cannot read or write—I identify this plate because it is glass; it was taken off my door.
Re-examined. I told them that Chamberlain had asked what their name was, and that I said I did not know—Chamberlain came a second time—there was one named Porto who would not tell his name, but Chamberlain said he would make him, and he gave his name and address—Chamberlain told me to tell them that they were scoundrels and thieves—I did so and they departed.
unfurnished room at 5s. a week—Sanders wrote down his name, and I heard Leroy afterwards mention another name, but I cannot think of it—they put a table and four chairs in the room—they did not sleep there to my knowledge—Sanders asked me to take in letters and I did so—a number of letters came, some addressed to Sanders and some to the name which I forget—Sanders and Leroy came daily for the letters—a carman brought a case for which there was 17s. 6d. to pay; I would not pay it and he left the way-bill—I gave it to Sanders, who said he would go and fetch the case—another case came in November, for which there was 19s. to pay—some other person called and I gave him the way-bill—Sanders and Leroy continued to call, up to about November 12th—I do not know where they went to.
JANE COLEMAN . I live at 8, Stratford Street, Pimlico—in the beginning of November, Leroy took a room in my house in the name of Sanders—letters came addressed to him and also to Barnes—Barnes fetched them and sometimes Sanders—they left without notice—I could not speak French to them, and they put down on a piece of paper that they were doing business all over London.
MARTHA ROSS . I live at 29., Aylesford Street, Pimlico—in November last, Sanders and Leroy took a small unfurnished parlour in my house at 4s. a week as an office—Sanders was Barnes—they sent in four chairs and a table, and I took in letters for them which were all foreign—they remained one week and then I gave them notice—they paid beforehand.
SUSANNAH ROBINS . I live at 28, Stanmore Street, Caledonian Road—on 30th November Sanders, Leroy, Mernet, and a woman, who passed as Leroy's wife, took rooms on my first floor—Leroy gave the name of Davis, and Mernet said that he wanted the rooms for his brother and his wife and himself—he spoke English—he said he had been longer in England than the others, they were all Davises, and that they were three brothers—they lived there till they were taken into custody—foreign letters came—no name was up and no business was done—they paid half a guinea a week; being foreigners I let them have it 6d. cheaper—I showed the rooms to Inspector Morgan, who took possession of some documents they left behind—I remember a large paper parcel about a yard square coming.
Cross-examined by MR. ROLAND. Mernet interpreted between me and the others—they were not there a month.
Cross-examined by MR. RIBTON. After they left I received one letter addressed to Madame Leroy.
ANN MASON . I live at 47, Wynford Road, Caledonian Road—about 20th December I had a shed to let at the back of my house, which is a general shop—I let it to Leroy, Mernet, and Sanders for 4s. a week—they gave the name of Latherdal—they asked me if I had a letter-box—I said "No, but the letters might be left in the shop"—nothing was put in the room—letters came addressed to Latherdal and Moreski on New Year's Eve—a case was left addressed the same as the letters, and the prisoners took possession of it before it was opened.
Cross-examined by MR. BOLAND. Mernet interpreted.
ELIZABETH SEAGER . I live at 70, Lillington Street, Pimlico—at the end of last year I let a back room to Leroy and his wife for 5s. a week—Sanders came every day and visited them—Mernet did not come till
the pictures came—I remember two cases coming, one was unpacked and I saw a picture—I recognise one of these as the same—the next case came on the Saturday as they left on the Monday—they let them-selves in with a latch-key—Mernet slept there I believe two nights—they left on 4th December without giving me any notice—they did not pay the last two weeks' rent—Leroy was there about two months.
Cross-examined by MR. ROLAND. The first case came the week before they left, which was the latter end of November—Mernet came with it; I had never seen him before—the first picture came in a cart; there was another man in the cart—I did not hear Mernet interpreting between the carman and Leroy—there might have been a conversation—I saw them on the Sunday and they left on Monday morning together—they carried their boxes to the bottom of the street and took a cab—Leroy paid part of the lodging.
JOHN DOWNS . I live at 12, Stephen Street, Tottenham Court Road—three weeks before Christmas, Mernet and another man came and asked if I had a workshop or a room to let—I said "Yes;" they went away and returned in three or four minutes and asked if I would take some letters in for 3s. a week in the name of De Keroomer, as they had just come from the continent—letters afterwards came addressed "Fine Art Gallery"—Mernet called for them—two cases came like picture cases—Mernet took one away in a cab, and the police took the other, but there was nothing in it.
Cross-examined by MR. ROLAND. Mernet interpreted for the others.
GEORGE BIFFEN . I live at Upper Dorset Street, Pimlico—I let a room to Sanders and Leroy at 5s. 6d. a week; they paid 3s. deposit but they never saw it—they said some letters would come if I would take them in—I took in a number of foreign letters—I afterwards gave up to Inspector Morgan one letter which was left behind.
ADA BIFFEN . I am a daughter of the last witness—I know Sanders and Leroy—on a Saturday in November a large case came and there was 17s. to pay—I heard them tell the carman to take it to Lillington Street—they came to the house just as the picture arrived.
Cross-examined by MR. RIBTON. Mernet told them to take it to Lillington Street—he spoke English—I first saw Mernet on the Saturday when the case came.
Cross-examined by MR. ROLAND. I have never said said before that Mernet was there—I did not know his name—it was the little dark one—I had forgotten to say so before the Magistrate.
FREDERICK DICKER (Policeman E). On 23rd. December, about 9 p.m., I was watching in Stephen Street, Tottenham Court Road, and saw Mernet knock at the door of No. 12: it was opened; he spoke to a man and left and went into Tottenham Court Road and spoke to Leroy—they both went to 47, Wynford Road, Caledonian Road, a chandler's shop—Mernet went into the shop, got some letters from Mrs. Mason, brought them out and gave them to Leroy under a lamp—he opened them, gave them back to Mernet, and they both went to 28, Stanmore Street, Caledonian Road, a private house—Leroy opened the door with a key and they went in—on 25th December, about 9 a.m., I was in Stephen Street, and saw Mernet and Leroy coming in a direction from Caledonian Road—Mernet went to 12, Stephen Street, knocked at the door and the landlady handed him some letters—he then went to
Tottenham Court Road and gave them to Leroy, who opened them, read them, handed them back to Mernet, and he read them—they then went to Gower Street by train from King's Cross, and I got into the same compartment—they got out at King's Cross and went to 47, Wynford Road—Mernet came out with some letters, Leroy was waiting outside; they then went to 28, Stanmore Street—on 27th December, about 9 p.m., I was in Tottenham Court Road, and saw all four prisoners and a woman at the corner of Stephen Street talking together—Mernet went to 12, Stephen Street—the door opened and he came back again to the others—he then left them, went towards Oxford Street, and joined them again in ten minutes, carrying three water-colour pictures, which he gave to Martin, who gave them to Leroy, and they all went to the Bedford Head Hotel—I went into the same compartment with two other officers, looked at the pictures on the table, and asked Mernet how he became possessed of them—he said "I know nothing about them; I can speak no more English"—I told him he would have to go to the station, and he was to tell his friends that they would have to go too—he spoke to them in French—I had hold of Leroy, other officers took the other prisoners—on the way to the station some one struck me on the chest, threw me to the ground, and Leroy got away; the woman caught hold of me and prevented my pursuing him—a man stopped him, but he struggled violently to get away—Sanders escaped—the others were brought to the station and charged with unlawful possession of the pictures—they made no answer—I found on Leroy this knuckleduster (produced)—the pictures are all signed "Chretien."
Cross-examined by MR. RIBTON. Inspector Moser read the charge in French—these are the three pictures.
Cross-examined by MR. ROLAND. I spoke in English at the public-house, addressing Mernet, because I first saw him with the pictures—he did not struggle to get away.
MORRIS MOSER (Police Inspector). On 30th December I went to Liver-pool, and found Sanders in custody—I told him I had an extradition warrant against him with regard to some pictures—I read it in French—it related to M. Herdsart—he said "I reside at 92, Belvidere Road; I keep a place under the name of Sanders; I had two pictures from an artist named Herdsart; I wrote to other artists, but these are the only pictures I obtained, I had the intention of paying him"—I showed him two sketches of "L'Atente" and "La Lundi," and he identified them as the two he had received, and said they were in the Antwerp Exhibition, and he thought he could dispose of them in London—as to the water-colours, he said "I know nothing about them, Martin brought them with him"—I brought him to London, and he was charged with the others—I went to 28, Stanmore Street on 27th December, and found about 70. letters in Leroy's room, addressed to H. Sanders, by Belgian and French artists—they were addressed to Lavadat and Woreschi, and others to Davis, 20, Stanmore Street, and to Barnes and to Charles De Keroomer—I also found the cover of a book stamped "H. Sanders, 92, Belvidere Road, S.E.," and a tissue copying book, some of the letters in which are signed Grondsmith and Son; others are signed differently—I also found various catalogues of picture galleries in Vienna and Antwerp, in which Herdsart's and Oliver's and Cretien's pictures are marked—I found a quantity of note-paper with headings of Barnes, and of Lavadat, Woreschi, and of
Charles Do Keroomer, also some cards of Sanders's, 92, Belvidere Road, and one card of Leroy's, on which he is described as Representant du commerce—also this blank form of letter, and a book of artists' names, and some letters written by artists—I received from Chamberlain a letter dated 23rd November, 1882, addressed to Davis, and signed by Chamier—I here produce some letters addressed to Lavadat and Woreschi, and a post-card from Lionel Baes, whose picture I found there, and took possession of—also this letter from Biffen addressed to Grondsmith and Son—I got this letter relating to the water-colour pictures from 12., Stephen Street—I also produce these receipts which I found at Scotland Yard; they are signed H. Sanders—I find here a receipt of 8th November, 1882: "Bought of H. Sanders two pictures 'La Lundi' and 'L'Ateute,' 10l.," with a stamped receipt addressed to C. Johnson, and another receipt from Sanders for 10l. for a picture—that is in the same writing as the other—here is another: "Bought of H. Sanders two tables 25l.; received by cheque, H. Sanders and Co" in the same writing as the other, on the back of which is this memorandum "The pictures were confided to me by a friend to take charge of and dispose of to the best advantage"—I went to Mr. Johnson, he is the government contractor for lace, and found these pictures there.
CHARLES HAGAN (Police Inspector). I know Martin's 22, Newcastle Street—Mr. Patini's complaint came to me, and I met Martin by accident in the Royal Exchange in June, and said "What has become of that picture?"—he said "What picture?"—I said "The picture of the dying man lying on the floor and the woman sitting in rags in the corner and the naked baby under her feet"—he said "I will let you know in a day or two," but he never did.
Cross-examined by MR. FRITH. I never charged Martin in this case till January—proceedings were going on against him, but he did not know it—I never heard the County Court mentioned—the only proceedings I heard of were with the Italian Government, asking for his extradition—I never heard of civil proceedings.
WILLIAM CHAMBERLAIN (Police Inspector). I went in December to 78 and 79, Royal Street, Lambeth, two houses which are joined together, and saw Mrs. Elwell, the landlady—I took possession of some letters and bill-heads, which I handed to Inspector Moser—Sanders left just as I went there—I know 54, York Road, Lambeth—I have seen all the prisoners there, but not all at one time—I have seen Sanders and Leroy there together, and have seen Martin standing on the step—I have also seen Laporto there, who is not in custody—I have also seen him at 78, Royal Street—there is no warrant against him.
FRANCOIS MANFREDI . I live at 5, Chenies Street, Tottenham Court Road—I know Martin and Leroy—I know Leroy as Pugin—I saw these four large pictures at Laporto's lodging, 54, York Road—I went to Mr. Attenborough, the pawnbroker's, and Leroy went in the afternoon—I know Johnson—I have never seen him with any of the prisoners.
Cross-examined by MR. ROLAND. The pictures were taken to Attenborough's when I went there with Mr. Portocarry and Pugin and Leroy—I thought it was a bona-fide transaction, and interpreted for Mr. Portocarry.
Cross-examined by MR. RIBTON. I am speaking of the time when the pictures were pawned; I was present when they were pawned—I was
there when they were found—one witness has said that they were pawned by Leroy and a man he did not know the other man was Mr. Portocarry, not me.
Mernet received a good character.
GUILTY . SANDERS, LEROY, and MERNET— Eighteen Months' Hard Labour each . MARTIN— Five Years' Penal Servitude.
THIRD COURT.—Wednesday, February 28th, 1883.
Before Mr. Common Serjeant.
329. EBENEZER WENHAM (19) and GEORGE MORRIS (19) , Unlawfully attempting to obtain by false pretences from Alfred Aldwinkle and another, 28 dozen pocket-handkerchiefs, with intent to defraud. Second Count, Conspiring to defraud.
WENHAM, PLEADED GUILTY .
MR. CARTER Prosecuted
ALFRED ALDWINKLE . I am an agent in Addle Street, City, my partner's name is Lowen—we deal with Messrs. Cullen, Bayne, and Co., of Nottingham—on Thursday, 25th January, we received this letter by the morning's post. (An order dated Nottingham, 21-1-83, for about 28 dozen of pocket-handkerchiefs, and asking for the parcel to be left at St. Pancras Station, on 25th January, addressed to their traveller, Mr. J. Cove, care of C. B. and Co., Nottingham.) I telegraphed to Cullen, Bayne, and Co.—I received a reply, in consequence of which I made up a test parcel composed of empty boxes and cardboards—the size would correspond with about the quantity of articles asked for—we sent it by our porter accompanied by a detective to St. Pancras—Wenham had been in our employment six months as our porter, and had been discharged about a fortnight before this occurred—he was employed in the warehouse, and had every means of knowledge—I have seen his writing a good deal—this order is in Wenham's writing, in imitation of our customer's writing.
JOSEPH LAKE . I am porter in charge of the cloak-room, St. Pancras Station—Youd left a parcel in my care on Thursday, 25th January—Morris brought this order for it the next day (produced)—I delivered him the parcel—he came alone about 7 p.m.—I asked him what sort of a parcel it was—he said "That is it," or something to that effect, when I produced it.
Cross-examined. I said "Do you think that is the parcel?" and you said "Yes"—you did not say you did not know the parcel.
EDWARD LATTER (City Detective). I went with Youd to St. Pancras—I saw him deposit a parcel in the cloak-room addressed "Mr. J. Cove, care of C.B. and Co., Nottingham, St. Pancras Station, to be left till called for"—I remained about the premises till 10 p.m.—I placed a watch all night and went there again.
FREDERICK EDWARD FUNNELL (City Detective). On 26th January I went to St. Pancras and watched the cloak-room till 7 p.m.—I saw Morris leave the cloak-room with this parcel—I followed him to the Euston Road—he was alone—he turned towards the Tottenham Court
Road, where he was joined by Wenham—I was about ten yards off—my companion was in uniform—Wenham turned his head as we followed them, and Morris crossed back on the other side of the way—I gave Morris in charge to the uniform constable, and followed Wenham and stopped him in the Euston Road—when they were together I said "You will be charged with attempting to obtain a quantity of handkerchiefs from Mr. Aldwinkle of Addle Street, City"—Morris said "I know nothing about the other man, a gentleman gave me 4s. on Blackfriars Bridge to fetch a parcel for him"—they were taken to the station—Wenham said "It is no use fighting against this, as Mr. Aldwinkle will know me in the morning"—I searched Wenham and found on him a pocket-book with figures in it corresponding with the figures in the letter—I found on Morris a note book, and in it an entry of the name of "Wenham," and some figures, also 6s. 7d.—he gave an address which I did not find.
Morris's statement before the Magistrate. "A man who was with him (Wenham) gave me 4s. to go into the station to get the parcel."
MORRIS— NOT GUILTY . WENHAM— Nine Months' Hard Labour.
MR. JONES LEWIS Prosecuted.
CHARLES HANNING . On 1st February, about 3.20, I was on duty in Albion Mews, Hyde Park West—I heard a rumbling over the wall at the back of the public-house as if some one was in the back premises of the Eagle and Wheatsheaf—I went to the front and turned my light on over the bar—I heard a noise as if some one had dropped from the wall at the back—turning round I saw the prisoner come from that direction under the archway which leads into the Mews from Connaught Street—I stopped him and said "Where have you been?"—he said "Down there"—I said "Down where?"—he said "Down there to make water"—I said "Where did you come from?"—he said "Holborn"—I took him in custody, searched him, and found this knife and chisel, two boxes of silent matches, and a key that belongs to where he lives—I called another constable to hold him while I looked over the wall at the back of the public-house—there I saw a pair of steps standing against the smoking-room window, which was halfway open—I called the landlord down—an inspector came up and I took the prisoner to the station—I saw some marks on the inner door which could be made by this instrument—the back wall is about twelve yards from the street—I afterwards went to the prisoner's lodging and found these three knives and another chisel—he gave me a correct address, 3, Macklyn Street, Drury Lane.
Cross-examined by the Prisoner. I was in front of the public-house when you came out of the court—yon did not say you found the knife and chisel in the mews, you said "They are my property, I use them in my trade, I am a plumber"—when charged at the station you said "I picked them up under the archway where the constable stopped me."
drive to the mews, which is its only entrance—on the 21st February about 3.15 a.m. I was awoke by a bell ringing—I got a light and came downstairs in my drawers and slippers, and I saw the coffee-room door open—I placed the candle on the stairs and called my son, who answered me—the door leads into the smoke-room—I saw it fastened before 12.30—I unbolted the outer door which leads into the mews by the side of the yard—a policeman came in and searched the house and also the tops of the houses in the mews—a window was open, and some steps which the potman uses to clean the window, placed to the window, which is about 6 feet high—the ladder had been placed there by some one—the window had been fastened the night before, but the fastening was not good—we do not use silent matches.
HENRY WYBORN (Police Inspector D). About 3.50 a.m. I was called to the Eagle and Wheatsheaf, and found the prisoner with a constable, and Hanning was in the house searching—the smoking-room window was open, and the steps placed against it—the smoking-room door had been forced open; the lock had been splintered away from the doorpost in about 50 pieces—a chisel would have done it—I found 30 or 40 lucifers—these two lucifers are nearly burnt up—I also found some fat of a candle without any wick—these matches correspond with those found on the prisoner and the others found on the box—the door bolt had been forced open.
Prisoner's Defence. I was going to see Whiteley's fire. I went down the yard to make water, and the constable took me as I came back.
GUILTY .— Twelve Months' Hard Labour.
OLD COURT.—Thursday, March 1st, 1883.
Before Mr. Justice North.
MR. POLAND, for the prosecution, offered no evidence on the Inquisition, the Grand Jury having ignored the bill.
NOT GUILTY .
332. GEORGE WILLIAM FOOTE, WILLIAM JAMES RAMSAY , and HENRY ARTHUR KEMP were indicted for unlawfully printing and publishing in the Christmas number of a paper called the Freethinker a certain blasphemous libel concerning the Holy Scriptures and the Christian religion.
SIR HARDINGE S. GIFFARD, Q.C., MESSRS. POLAND and F. H. LEWIS
Prosecuted; MR. HORACE AVORY defended Kemp.
The Jury in this case being unable to agree, were discharged without giving a verdict, and the case was postponed to Monday next.
MESSRS. POLAND and F. H. LEWIS Prosecuted; MR. KEITH FRITH Defended.
board outside on the left of the doorpost on which was a copy of the publication open, with pages 8 and 9 exposed—we were both in plain clothes—I went in and saw the defendant standing behind the counter—I asked for two copies of the Christmas number of the Freethinker for 1882—he handed me these two copies (produced), and I paid him 6d.—he said "You may as well have one of our catalogues"—that was the catalogue of Watts and Co., who formerly occupied the shop—I went there again on 31st January—the defendant was behind the counter, and I said "Who is H. Cattell and Co.?"—he said "My name is Henry Cattell, and I am trading as H. Cattell"—I said "Have you any partner?"—he said "No"—the Freethinker was not exposed on that occasion—on 27th February I served this notice marked "R" on the defendant.
Cross-examined. When I bought the paper I did not caution him or tell him he would be liable to be prosecuted—I do not know that the paper has been sold by newsvendors for several months—the Freethinker has been sold, and it has been prosecuted by the City Police—I saw in the window, periodicals of all kinds, social, religious, political, and secular—I did not see a paper in the window or on the counter like this: "Central Wholesale Agency," giving a list of publications; but it might have been there—I saw the Christian World and Punch; I did not notice the Banner of Israel, the Family Herald, the Bird of Freedom, the Primitive Methodist, the War Cry, or Spurgeon's Sermons—I looked in at the window; it appeared to be a general news agency shop, doing a good business in all kinds of papers—the board was eight or nine feet high, and about four feet from the ground, and 18 inches wide, just the width of this paper, and about half a dozen publications of various kinds were put up on it in the same way—no newsvendors have been cautioned about selling this paper to my knowledge—I saw a boy there.
Re-examined. I went there at 12.45 in the day—a number of people were looking at the paper; there was no difficulty whatever in seeing it.
WILLIAM OLDHAMPSTEAD (City Detective). On 22nd January I went with Sagar to 84, Fleet Street, and saw on a board pages 8 and 9 of this Christmas number exposed to view—I did not go into the shop; Sagar went in and I remained at the door—on 31st January I went there again with Sagar, saw the defendant, and heard him spoken to—I have heard Sagar's evidence; it is a correct account of what took place.
Cross-examined. It appeared to be an ordinary newsvendor's shop—I went there again on 6th February to purchase another copy, but did not see the Freethinker on the board then—I did not caution the defendant on any occasion, or any other newsvendor.
Re-examined. The Christmas number was in the shop on 6th February, and I purchased one—it was in the window, but closed—people outside could read it.
The prisoner received a good character.
GUILTY . Strongly recommended to mercy by the Jury, on the ground that he may not have known the contents of the paper.— To enter into recognisances.
NEW COURT.—Thursday, March 1st, 1883.
Before Mr. Recorder.
334. RICHARD HESSIENAUER (19) PLEADED GUILTY to two indictments for feloniously forging and uttering orders for the payment of 25l. and 25l., with intent to defraud the Beaumont Compressed Air Locomotive Company, Limited, his masters.
MR. MONTAGU WILLIAMS, for the prisoner, said that his friends would repay the amount and send him abroad.— Judgment respited . And
336. ARTHUR TAPLIN was again indicted, with WILLIAM PERRING (21), THOMAS MASSEY (19), and ELLEN SWEENEY (22) , for stealing a watch and chain, sheets, pillow-cases, and other articles, the property of George Horne.Second Count, for receiving the same.
MR. MONTAGU WILLIAMS Prosecuted; MR. BURNIE defended Massey.
JANE HORNE . I am the wife of George Horne, of Ottershall, Buckinghamshire—on 12th January I was living in Poland Street, Oxford Street, at my mother's, and met Taplin and Perring in a public-house in Oxford Street—we had some conversation about changing my apartments—Taplin said that his mother and sister kept a lodging-house on the other side of the water, and I went there with them; but the mother said that she would take no more people into her house, and they went back with me in a cab to Poland Street to remove my luggage—a proper cabman drove the cab—Perring went up to my room and took my box down—Taplin was in a public-house—directly my box went down I missed my gold watch and Albert chain, and went down and told my mother—I then looked for the cab, but it had gone, and my box also, which contained wearing apparel and other things, value about 16l.—this is a list of them—I have since seen the property found at 17, Windmill Street, and identify it, and also a handkerchief pawned by Sweeney.
Cross-examined by Taplin. I went into the public-house to have a glass of ale—I was asking the landlord for apartments, and you spoke to me—I did not go for a walk with you—we did not go to Barnsbury.
Cross-examined by Perring. I did not go with you to Penton Place, but you said you had taken a lodging for me—you went into my room with me, and took my watch off the side table and put it in your pocket—my brother-in-law came to the room door and tapped, but he was in a temper—he did not say "Are you going to take the two children?" he said "Clear out as quick as you can, you will rob anybody"—you did not come back from the cab—I did not meet you on the first floor and say "Don't come up again, get away as quick as you can"—I said "Has anybody been in my room to-day? I have lost my watch and chain," and you had got it in your pocket—I was so poor that I was going to let you pay for my lodging, but I said that I would give it to you back—I left a clock at Mr. Osborne's, the jeweller's, to get money—he said that it was worth 7s. 6d.—I asked him to have something to drink.
EDWIN DUNN . Mrs. Horne is my sister-in-law—she was staying with me in Poland Street—she came there with Perring about 8 p.m., and said "This is a cabman come to fetch away my things"—a four-wheeled cab was standing at the public-house opposite—Perring went upstairs, and about 10 minutes afterwards I went up to my sister-in-law's room
to see if he had a badge on, and found that he had—I afterwards heard somebody coming down with a box, and went upstairs, and she complained of the loss of her watch—the cabman was not in the room then—I afterwards described him to the police, and went to the station and picked Perring out from a number of men.
Cross-examined by Perring. You were up there a long time, and I knocked at the door and said "Come, Jenny, get away as soon as you can; take away your things, but don't take any of mine."
GEORGE NITE . I am a beershop keeper—on Sunday evening, 28th January, Taplin came and had some refreshment—he could not pay, and left a book and a small parcel tied in a handkerchief (produced)—he had tried to sell them in my bar and failed—he left when the house closed—next morning Taplin was inside my house, and Perring out—Perring said "Are you aware you have got a thief in your house?" I said "No, but if he is, and he has anything to do with you, fetch him out," and he fetched Taplin out and said "These things he has stolen from a young woman of mine"—I said "If they are you had better pay for what he had last night, and take them away"—they began quarrelling, and went away, leaving the things—I spoke to the police—a man named Kingswell came a few days afterwards and asked for the things that a dark young man had left—I refused to give them up, and he left.
HENRY GEORGE (Police Sergeant). On 10th February, about noon, I went with Morley to 17, Windmill Street, South Lambeth, and found Sweeney and Massey in bed in the same room—some pillow-cases, towels, and diapers were hanging on a line, which Mrs. Horne has identified, and also a trunk—I told Sweeney I should take her in custody for being concerned with Taplin and Perring in stealing and receiving these things, and asked how she accounted for the possession of them—she said "Two men and a woman brought them here, and stayed here a few days"—Massey said "I have only been staying here two nights"—I found in the room a bag and some papers, the property of Mr. Hickson, which had been stolen—Sweeney said "Don't take that bag away, it is mine"—I said "How do you account for these papers?"—she said "A gentleman came and stayed with me one night and left them on the table with the pocket-handkerchief over them"—I searched the room, and found some more of Mrs. Horne's property—I took Taplin at 10.30 the same night on another charge, and told him he would be further charged with stealing a quantity of things from Poland Street; he said "I did not steal them, the other man brought them out, pushing me and the things into the cab, and told the cabman to drive to Camberwell."
Cross-examined by Sweeney. You said "What are you going to take him for? he has only been staying here two nights."
WILLIAM HICKSON . On 18th December I took a Hansom's cab from Ludgate Hill to the Elephant and Castle—I had this black bag and a pair of cuffs and sleeve links with me—I got out and went into the Elephant and Castle, and when I went back I missed the bag—the papers in this bag are mine.
out of it"—he had two handkerchiefs round his neck which Mrs. Horne identified—Dunn picked the prisoners out at the station—I was present when Massey and Sweeney were arrested—I found a number of pawn tickets of Mr. Chapman, of Blackfriars Road.
Cross-examined by Perring. The words, "To get out of it" are not an addition of my own.
FLANNIGHAN (Police Inspector P). I have only seen Perring twice—I produce an expired cab licence—I said "It is a wonder a man like that should apply for a licence;" he said that he was suffering from skin disease, and had to be as much in the air as possible—"Thos. E. Massey" and other names were at the foot of the licence.
Cross-examined by Massey. It is usual to give two references; the third is to say that he can drive.
WILLIAM BURNHAM . I am assistant to Mr. Chapman, pawnbroker, of Charlotte Street, Blackfriars Road—I produce two shirts, pawned by Perring on 31st January for 5s., two handkerchiefs by Sweeney on 15th January for 1s., and a table-cover on 13th January for 2s. 6d.—I knew Sweeney as a customer.
Cross-examined by Sweeney. I have never said that you are not the person; I said that to the best of my belief you are.
Perring's Defence. We met the prosecutrix in Wardour Street in a beerhouse. She seemed very partial to my friend here, and we went in a cab to my lodging to pay my landlady. We went from there to Kennington to his mother's house, as she wanted a room, but his mother would not take her in. We took a lodging in Penton Street, and from there we went to Poland Street in a cab. I said, "Shall I come up and help you pack?" She said, "How can you?" I said, "I will put on the badge, and say I am the cabman." Her brother-in-law came up and said, "Clear out as soon as you can; you will rob anybody." I took down a japanned box and another article, and she met me and I did not go into the room again. A door opened and somebody said, "Have you been in my room to-day, I have lost my watch?" We went to Penton Street, and the landlord said, "You cannot come here, my wife objects to take children," and we went to a lodging-house and left the things. I think the fact of taking her to his mother's house shows that we had no intention of robbing her.
Sweeney's Defence. The woman left me in charge of the little box, and told me to take charge of it, and said that I might do as I pleased with it, and I was rather short one day and pledged it in the name I am known by. I had had a wash, and the things were hanging about, but they were of no value to adybody but the owner.
The COURT considered that there was no evidence against Massey.
MASSEY— NOT GUILTY .
TAPLIN— GUILTY .— Twelve Months' Hard labour.
PERRING— GUILTY .— Nine Months' Hard Labour.
SWEENEY— GUILTY*†on the second count— Six Months' Hard Labour.
NOT GUILTY .
MR. MONTAGU WILLIAMS Prosecuted; MR. GEOGHEGAN defended Barrett.
HENRY LEWIS JACOBS . I am a tailor, of 50, Shepherdess Walk—on 7th January I went out at 11 o'clock, leaving everything safe—I returned at 12.45 a.m., found my shop broken into, and missed eight coats—these are them—there were marks of a jemmy on the door, which was burst open.
HENRY CHRISTOPHER GARDNER . I am a porter at 29, Cavendish Street, Shoreditch—on 7th January at 11.50 I was passing Jacobs's shop, and saw Stringer and two men standing outside—I spoke to Page, and we watched them, and saw them rush at the door, which forced it in—Stringer stopped outside, and the others went in, and came out wearing long coats; they also had coats on their arms—Stringer went into the shop after—I met two constables, and then went up to Stringer, who was standing behind two women in York Road—he dropped three coats and ran away—a policeman ran after him, and he dropped three more—I picked them up and ran after him, calling "Stop thief"—a gentleman stopped him.
WILLIAM PAGE . I am a sawyer—I was in Hoxton at 11.50, and the witness Gardner spoke to me—we hid ourselves in the doorway, and saw three men come out with overcoats on and carrying bundles of clothes on their arms—we followed them down Windsor Terrace into York Road—they stopped at the top of Nelson Passage talking—Gardner went for a constable, and I walked past them twice—the prisoner Gardner followed me into the road and asked me what the b—h—I wanted—I said "Nothing much"—Barrett said, "What did he say?"—Gardner said, "It is all right," and they left me and walked to the top of the court—when Barrett and the prisoner Gardner saw the witness Gardner return with O'Leary they threw the coats to Stringer and ran away—Stringer got behind some women, and I pointed him out to a constable, and went to the station and described the prisoners—I went there again on the 19th, and picked out Gardner from 12 men—I did not see Barrett again till he was at the police-court—to the best of my belief he is the man.
Cross-examined by Gardner. I did not at first say you were not the man—the inspector said "Have a good look, and touch the man on the shoulder"—I said "That is the man to the best of my belief."
Cross-examined by MR. GEOGHEGAN. Barrett was up on a charge of wife desertion, and I swore to him to the best of my belief.
Re-examined. I gave his description to the officer before he was taken, and he answers it in every way—I did not know his name at the time of the burglary.
on a long overcoat, and a round felt hat—I seized him, a struggle ensued, another man tripped me up, and while I was on the ground Barrett stabbed me with a knife—they both got away—I chased Barrett, but lost sight of him—Dr. Yarrow is still attending me—I was incapcitated from duty for 15 days—on 23rd January I picked Barrett out from other prisoners who were standing in the corridor—he was in custody of a City constable for wife desertion.
Cross-examined by MR. GEOGHEGAN. I met the man who I say is Barrett 400 or 500 yards from Shepherdess Walk—I did not speak to Detective Sage at Worship Street—there were a dozen prisoners there, men and women—I did not tell Barrett that I did not recognise him till Sage told me who he was—I had never seen him till I tried to arrest him, and another man was struggling with me at the same time—I am positive he is the man.
ROBERT SAGE (Detective Serjeant). On 19th January I was with Revell, and took the prisoner Gardner in Harmer Street, Kingsland—I said "I shall take you for being concerned with Toby Connor in breaking into a shop in Shepherdess Walk"—that is Stringer—he said, "I have not seen Toby for two weeks"—he was placed with several others at the station, and picked out by Page.
Cross-examined by MR. GEOGHEGAN. I got to Worship Street on the 23rd at 11 o'clock, and the prisoners were placed in the dock at 12 o'clock—I saw Burr in the corridor shortly before we went into Court with the prisoners—I did not speak to him, or he to me, till we got into Court that I am aware of—he spoke to me about Barrett, in the passage before we went into Court—I had not spoken to him before—there were 10 or 12 male prisoners there.
RICHARD REVELL . I have measured the distance from Mr. Jacobs's house to where Burr was stabbed; it is about 300 yards, and from the house to the Swan Tavern, City Road, is 480 yards, and to Arthur Street, St. Luke's, where Barrett's sister lives is 1,450 yards.
ALFRED WRIGHT . I keep the Swan, Provost Street, City Road—on Sunday, 7th January, the prisoners were there from 1 to 3 p.m., and at 6 o'clock, when I opened the house, Barrett and Stringer came in again, and Gardner came soon after—they stayed till we closed.
Cross-examined by MR. GEOGHEGAN. Barcett used to be there twice or thrice a week, but not lately—a lot of people were there, but I did not see any one speaking to the prisoners—these three were left in the house.
Gardner's Defence. I only work 150 yards from the place, and it is not at all likely.
GUILTY . They were all further charged with previous convictions, Stringer at Clerkenwell in February, 1866; Gardner in August, 1880; and Barrett in December, 1871, to which they
PLEADED GUILTY**. STRINGER and BARRETT.— Twelve Months' Hard Labour each . GARDNER.— Fifteen Months' Hard Labour.
MR. STEWART WHITE Prosecuted.
early on Sunday, the prisoner came in and had some lemonade; he was there ten minutes—a woman named Fergusson came in and went out after him, and crossed the road to Mr. Abbott's house which is opposite—ten minutes after I saw the prisoner opening Mr. Abbott's parlor window and getting out; I caught hold of his arm and struggled with him, but he got away—I picked him out after from several men at the police-station and identified him—I have no doubt of him; I have seen him at my shop.
SOPHIA FERGUSSON . I am in the service of Mr. Abbott, who keeps a milkshop in Foley Street, opposite Mrs. Mallett's shop—I went to her shop on 18th February, and saw the prisoner there—he left before me—I was there half an hour, and crossed to our house—I went in by the front door and shut it; you can open it from outside by turning the handle—after, in consequence of what Mrs. Mallett said, I looked in a cupboard, and missed 30 shillings in silver and copper from a bag which I had put in a basket; it was safe before I went to Mrs. Mallett's, and I missed it five minutes after I returned—there was a light in the parlour.
FREDERICK TICKER (Policeman E). On 18th February the prisoner came to the station in Tottenham Court Road with his father, and said, "I hear I am wanted for a burglary"—I said "Yes, and you will be charged"—I placed him with six other men and sent for Mrs. Mallett, who pointed him out without any hesitation—he said "I will call witnesses to prove I was in bed."
Witnesses for the Defence.
EDWARD ALFRED SMITH . I am a labourer, but am out of work—I live at 14, Chester Buildings—I have known the prisoner four years—I was with him on Saturday night, 17th February, and left him at his door in South Road just before one on Sunday morning, 18th—he lives opposite Mrs. Mallett's—I then went home—I knew of his going to Mrs. Mallett's—I went in with him.
JAMES MAHONEY . I am the prisoner's father—he came to me at 7 o'clock on this Sunday evening, and said that he was charged with a robbery in Saville Street—I said "Are you guilty of it?"—he said "No"—I said "What time was it?"—he said "Just before we came home; I am innocent; me and another boy went in and had some ginger-beer, and she and another girl went to the milkshop and were drinking; she was nearly drunk; the other chap wished me good night; I am not guilty; I should not like to have such a charge against me; I will give myself up"—he said that some boys told him he would be charged with it—he went to the station and gave himself up, and I went with him—I was not in bed when he came home—he came in at 1 o'clock and went to bed; I don't know the other boy—I know Abbott by name—the milkshop is a quarter of a mile from my house.
Cross-examined. I was up reading a newspaper when he came in, and I saw it was 1 o'clock—three or four boys wished him good-night, but they are not here.
Prisoner's Defence. All I can say is she was drunk. I saw her come out of the public-house once. The police said that she said it was 1.30; now she says 1 o'clock.
1.30—it was as late as between 1 and 2—I turned him and several of them out of the shop, deeming it a joke; I did not want them there—it was then nearly 1 o'clock—it was 2 o'clock when I got to the police-station.
NOT GUILTY .
MR. LATIMER Prosecuted; MR. GEOGHEGAN appeared for Hart, and MR. PURCELL for Kaufman.
JAMES CONNOR (Policeman H 35). On 12th February, about 1 o'clock in the night, I was on duty in High Street, Whitechapel, and saw the prosecutor—just as I got within ten yards of him he was knocked violently forward, and some one glided from behind him; except for that I am unable to tell whether he was knocked or fell down—I went up to him, and saw the prisoner Hart kneeling on the prosecutor's knees, with his left hand in the prosecutor's trousers pocket—Kauffman had hold of him by the right arm, and another man by the left, who I pulled away, and then collared Hart, and drew his hand out of the prosecutor's pocket with these two keys on a ring in it, and some money dropped from his hand—Kauffman let go of him and picked up some of the money—some one said to the prosecutor "What is the matter with you, Bill? get up, Bill"—I took Hart and Kauffman—Kauffman pointed to the prosecutor, and said "I don't know him, I am a gentleman"—Hart said "I have taken nothing"—a shortish female stood by the prosecutor and Hart when I saw them first.
Cross-examined by MR. GEOGHEGAN. Four or five men stood about two yards away, and about three beyond them—they were four or five yards from the drunken man—they shuffled round him to prevent my seeing—Kauffman did not say "I will be a witness for Hart, he did nothing"—I saw no blow given, but it was not the fall of a drunken man from the violent way in which he came to the ground—it was not Hart who glided from behind him when he fell—it was a man, not a woman—we charged the prosecutor with being drunk; he did not know what he was doing.
Cross-examined by MR. PURCELL. I saw Spiers, who gave evidence at the police-court—Kauffman was not with Spiers when he came up—Kauffman laid hold of the drunken man's arm, and could have lifted him if he wished—I know Morris; he came up afterwards—those may have been some of the seven persons—I took Kauffman instantly—he might have got away if he had resisted.
Re-examined. Kauffman picked some of the money up—he was then a yard or two from me—he might have got away then, because I could not run after him—I found on him 4s. in silver, two pence, and a key, and on Hart 2s. 6d. in silver, two pence, and a key.
JOHN GRAY . I am a chemist—on 12th February I was not very sober, and was taken in custody, and found myself in the station in the morning—these keys are mine—I missed a sovereign and nearly 1l. in silver.
Cross-examined by MR. GEOGHEGAN. I don't say that the money was stolen, but I have not got it—I could only put it in one pocket, as I had a hole in the other—I do not recollect speaking to any one—I found a severe bruise on my face in the morning, and have the mark of it now.
Cross-examined by MR. PURCELL. I was probably in two or three public-houses
that evening—I had only seven or eight shillings left in the morning.
Re-examined. There was a small hole in one pocket during the day, and I kept my money in the other, where there was no hole—a half-crown would not pass through.
Witness for Kauffman's Defence.
HYMAN SPIERS . I am a general dealer, of 23, Freeman Street—about 12.30 on the night Kauffman was taken in charge I saw him with Morris in Commercial Street—we stood talking, and saw Gray there drunk, and surrounded by prostitutes in white aprons—I saw him fall, and Kauffman and I went to pick him up—I saw some keys on the ground, but no money, and a minute or two afterwards I saw the constable take hold of Hart—the women were near then—I had been to a club—I have known Kauffman for the last ten years—he has been manager to Michael Lyons, a boot and shoe maker, of Chiswell Street, who is here, for a number of years—he bears an excellent character.
By MR. GEOGHEGAN. I did not see Hart there when Gray was on the ground—I did not see Hart before the policeman came up.
By the COURT. It was afterwards that I saw the policeman seize Hart; he was coming from Whitechapel Road—he was a little distance from Gray when I first saw him—I did not see him kneeling on Gray, or see the policeman pull him off—I did not see Hart on the spot before the constable took him.
Cross-examined. I was not so sober as I should be, but I was not drunk—I did not say that there were seven women round Gray, there may have been four or five when I went up—I did not watch them—Kauffman and I went to pick Gray up, but nobody else—there were plenty of people there, but I don't know them—I went to Gray's assistance before the policeman came up, and at that moment the keys were on the ground—if the policeman says that he took hold of Hart's hand and the keys dropped out he must be mistaken—I believe the keys were on the ground—I did not see Hart put his hand into Gray's pocket—I cannot say whether he could have done so—Hart had a macintosh on his arm, and the coppers dropped out of it—I did not see anybody pick them up, but perhaps they were the keys that dropped out—I picked Gray up, but he could not stand, and came to the ground again—I am not the man who knocked the prosecutor down—I did not say at the police-court "At the time the prosecutor was knocked down the prisoners were not near him, to my recollection"—this is my signature to my deposition, but I am a little deaf—I had been with Kauffman and Morris to a club—I have seen Hart at the club—he is not a member—it was an harmonic meeting that night—I said "I was at the club, and Hart was there."
Kauffman received an excellent character.
NOT GUILTY .
THIRD COURT.—Thursday, March 1st, 1883.
Before Mr. Common Serjeant.
341. CORNELIUS DONOVAN (40) , Feloniously attempting to break and enter the dwelling-house of William Bailey, and steal his goods. Second Count, being found by night with housebreaking implements in his possession without lawful excuse.
MR. BAYLIS Prosecuted.
WILLIAM CAUDLE (Policeman Y 425). About 1.45 a.m. on 13th February I was in High Street, Camden Town—I saw the prisoner pushing doors and looking at fanlights—he then went to No. 71, put this key in, and unlocked the door, but it would not open, it was bolted—he then went to two or three doors below, and was about to try the same game again, when I took him in custody, and said "Give me the key you have got;" he said "I have not one"—I said again "Give me that key;" he said "I have not one"—I thrust my hand into his left trousers pocket; he then gave it to me—the lining of his pocket was torn out—the key will fit seven locks within a small space—I found a few matches on him, which I destroyed—he had been drinking, but was not drunk—on the way to the station he said "If it was not for the likes of me there would be no work for you chaps to do"—he put the key in his pocket—he was under a lamp opposite No. 71—I watched him about five minutes.
GUILTY .— Six Months' Hard Labour.
MR. HICKS Prosecuted.
RICHARD HARRIS . I am a plumber and gasfitter, of 13, Calvert Street, Old Gravel Lane—I collect rents—on 25th January I was in Rochester Square, Camden Town, about 8.20 p.m.—I had 45l. in gold in my right trousers pocket, and 5l. 9s. in silver in my left, loose—I also had a silver Geneva watch and this pocket-book full of papers, including two addresses respecting 4, Calvert Street, and 4, Silver Street—some of the papers were in it when it was produced, with my name and address on—before I left Calvert Street I was accosted by a man much resembling the prisoner, but wearing no whiskers—another man stood at the top of the square—I was knocked on my head, knocked down, and robbed of my watch, pocket-book, and money—I went to the Kentish Town Police-station and informed the police—I had to have a doctor, and had ice on my head for two days—I was going to Mr. Serle's, 4, Rochester Square—I was in the habit of going there every week with money—I never employed the prisoner—on 30th January I was on business at Mr. Clark's, a surveyor, 6, Adam Street—I had finished my business, but the men had not left off work—the prisoner spoke to me outside the Lyceum Theatre—he hit me on the shoulder, and said "Halloa, old boy, how are you?" I said "I do not know you"—he said "I know you;" I said "I do not know you, and I do not want to know you"—I went to the Savoy public-house, and he came in after me—he said "Halloa, Harris, how are you?" I said "I do not know you"—he said "Oh, but I know you very well, I worked for you years ago; I worked with Morris; you know Morris well enough down where you live?" I said "Yes, I know Morris, but I do not know you, and I do not believe you are a plumber"—that was 5 or 10 minutes after the first conversation—I was not drunk, I only had two glasses of ale—I was having lemonade—I had one glass of ale in the Savoy—he said "Are you going to treat me, or shall I treat you?" I said "I do not want any, I have some here"—he said "Well, you can have one if you want it;" I said "No, I do not want it"—I then pulled out my cigar-case to give a gentleman
a cigar, and the prisoner took one out of the case; he said "I suppose I am welcome?" I said "Oh, I am not particular to a cigar"—referring to something in his hand, he said "This is not a Geneva lever, is it, old boy?" I said "What do you mean?" he said "Oh, it's all right"—I said "It strikes me you know something about my Geneva lever I lost last week;" he said "Oh, that is all right"—I said "Well, I will be going home;" he said "I am going with you, I live down your road"—I had not told him where I lived—he said he lived in New Court, close to where I lived—he does not live near me, he lives in the Southwark Road—several men and women were in the house—I treated one woman—the landlady Mrs. Nelson, called me to the bar—in consequence of what she said Rose Scott got into my trap—my boy was with us—we stopped in Queen Victoria Street to have a drink—I had a small bottle of lemonade—the prisoner kept on talking about the Geneva lever—he said "You think I have got your Geneva lever, if you think so lock me up;" I said "I do not know but what I shall do yet"—I went to the door, and sent my boy for a constable, who came, but did not take the prisoner—I went back into the public-house—the prisoner was fumbling down his leg, and seemed to pass something into a glass—he said "Here, drink, old boy"—I was about to drink it, when it was knocked out of my hand—he said "Well, there is no harm," producing what appeared to be a quartern rum-bottle from his pocket—I had another small lemonade—I asked Rose Scott what he had done; she said "He put something in your drink, you do not want that"—I was standing with my hands in my pockets, and saw the prisoner drop something at my feet—he was standing close to me, and nobody was within three or four yards of us—I saw a book, and he said "You have dropped something;" I said "No, I have not, for I have not had my hands out of my pockets"—he said "Then it cannot be yours," and put it back in his pocket—I said "I will be getting off home, are you going?" he said "Oh, stop a minute, and have another drink"—I said "No"—I recognised the pocket-book at once as mine—after 10 minutes I got into the trap; the prisoner got in, I wanted him in—I drove him to the Black Horse, Leman Street, about a quarter of a mile from where I live—he said "I am not going farther;" I said "I am going to drive you home, if you are not going any farther I shall send for a constable and have you locked up"—I sent the boy for a constable to the opposite corner of the street, about 40 yards, when the prisoner had gone inside—Scott left me a few minutes past 11 in Queen Victoria Street—I gave the prisoner in custody about 12 o'clock—I saw him searched—he had the pocket-book in his hand, but I have seen no more of my property—I am sure I lost that pocket-book on 25th January among other articles.
Cross-examined by the Prisoner. I did not toss you; you took one out of three—you said "Geneva lever," not "This is not a Geneva"—I might have been twenty or forty minutes in the Savoy—I left about 9 o'clock—we got to the public-house in Queen Victoria Street about 10.30—you dropped the pocket-book before the policeman came—I gave Scott her cab fare—I parted with her because I was in a lighter road—I do not say you poured out rum, but it was not the colour of lemonade—I do not say that you are the man that stopped me, but you had got my property—I treated you and the policeman at a coffee-stall—I said
"I know you know something about this robbery; if you will tell me who it was that robbed me I will give you 10l."
WILLIAM NEUTH . I live at 13, Calvert Street, Old Gravel Lane, and work for the prosecutor—I was with him in the Strand on 30th January—I first saw the prisoner at the Lyceum Tavern—my master walked across to the Savoy Palace, and I was in the cart and drove the pony after him—when he went in the prisoner said "What name does the governor go in?"—I said "Harris"—he said "What work does he do?"—I said "Plumbing and gasfitting"—he said "I am a plumber and gasfitter; I'll go in and ask him for a job"—my master left the Savoy about 9.10 p.m.—the prisoner and a young woman got in the trap and we drove to Queen Victoria Street along the Embankment—they went into a public-house—I stayed outside—I went for a constable, who came, stayed outside, and went away—I afterwards drove to Leman Street—I saw the prisoner given in custody—he saw the first policeman and kept outside.
Cross-examined. I know that pocket-book—I did not see it on 30th January—I last saw it in my governor's possession three weeks before he was robbed—I did not hear you say "He is in there with a nice lot; I will go in and try and set him out," you asked for his name and address—we left Victoria Street about 11.30—we stayed there from 10 o'clock—we arrived at the Black Horse, in Leman Street, about 12 o'clock—I did not see you looking at the pocket-book till you came outside with it in your hand.
Re-examined. I kept looking at the clocks—we got to the police-station about 12.18.
ROSE SCOTT . I live at 5, Little Palace Street, Lambeth—on 30th January I saw the prosecutor in the Savoy public-house, Strand, about 8.10 p.m.—I spoke to him—the prisoner came in five minutes afterwards and said "Halloa, Harris, old boy, how are you?"—Harris said "I do not know you"—the prisoner said "Oh, yes, you do; I worked for you years ago, and I lived in one of your houses in New Court"—Harris, said "I am sure you never did; if you had done so I should have recognised you"—the prisoner said "Well, shall we have a drink together? I will toss you to see which shall pay"—Harris said "No, thank you, I have some"—Harris then handed a gentleman a cigar; the prisoner took one and when he had got it he said "Harris, old boy, this is not a Geneva lever"—Harris said "I did not know cigars by that name: but I think you know something about my Geneva lever that I lost"—they talked together and Harris gave the prisoner a drink—Harris said he would go away—the prisoner said" I live your way; I shall get up in the trap and go for a drive with you"—Harris said "I do not think you will"—he said "Oh, yes. I shall"—Mrs. Nelson, the landlady, said something to Harris and to me, in consequence of which I got up in the trap with Mr. Harris and the prisoner—we drove towards Queen Victoria Street, down the Embankment—we went into a public-house in Queen Victoria Street, about 10 p.m., and had a drink—Harris had a small lemonade—Harris paid for the drink, and everything he took up in his hand the prisoner said "This is not a Geneva lever"—Harris sent for a constable—I never saw the pocket-book—the constable came—the prisoner put his hand somewhere down by his side and poured something from a small bottle into Harris's lemonade—it changed the colour very slightly—Mr.
Harris took it to drink it and I said "You do not know what that man has put in there, and I shall not allow you to drink it," and I knocked the glass out of his hand—I left a few minutes after that and went home as near 11 o'clock as possible—we left Savoy Street between 9 and 10 o'clock—the prisoner dropped something at Harris's feet, I did not see what it was, and said "Mr. Harris, old boy, you have dropped some-thing"—Harris said "No, I have not had my hands out of my pocket"—the prisoner said "Well, if it is not yours, I will put it in my pocket again"—I then said to Harris "I must bid you good night, I must go home"—Harris, the prisoner, and the boy got in the trap—Harris gave me my cab fare to get home with—the prisoner said "What is that he has given you?"—I said "What has that to do with you?"—he said "I want to know"—I said "You won't, then."
Cross-examined. You did not have many glasses—you were drinking mild and bitter and Harris was drinking lemonade—Harris was speaking to me alone—there were more in there—I had seen Harris once or twice in the Savoy before—I had not seen you cleaning windows—there was no one else to drop that pocket-book—I did not see what you picked up; you stooped and picked something up and said "Here, Harris, here's your pocket-book"—I think the pocket-book was dropped after the policeman was sent for—you had the rum after the policeman was sent for—Harris has not employed me to swear against you.
Cross-examined. Nothing was mentioned about the pocket-book—Harris said he thought you knew something about the robbery from something you had in your hand resembling a Geneva watch, but did not think you committed the robbery, as the man who had done so had no whiskers.
CHARLES ANDREWS (Policeman H 187). I was on duty near the Black Horse, Leman Street, Whitechapel, on 30th January—a boy called me to go to the prisoner about 12.3—I met the prosecutor at the public-house door—inside Harris said "This man has my pocket-book in his possession"—the prisoner had it in his hand—I asked him how he came possessed of it—he said "Mr. Harris gave it to me and asked me to look at it to see if I knew it"—Harris said "I did not"—I charged him with being concerned in the robbery—I took the pocket-book out of his hand and took him to the station—on the way to Kentish Town he said "Mr. Harris, do not employ Counsel against me whatever you do at the trial"—Harris said "If you know anything about it, or any one that robbed me, I will give you 5l. or 10l."—he gave several addresses at the station—I have received some letters, in consequence of which several persons are brought here as witnesses for the prisoner.
Cross-examined. Mr. Harris was not inside the public-house drinking with you—I took you to the station without giving you a chance of explaining yourself—I took the pocket-book from you.
Witnesses for the Defence.
HENRY FOULCHER . I am a lodging-house keeper in Southwark Bridge Road—on 25th January you paid me, after I opened my office about 5.30 or 6 p.m.—I did not see you again till 1.30, when I cleared the kitchen, and you said "I am going to market."
Cross-examined. The prisoner has lodged there between five and six months since I have been there—he was absent on the 30th.
Cross-examined. I heard of the robbery when a letter was sent to the deputy—I was told by the letter the robbery was at 8 o'clock—I did not know the time before that—he came home about 6.30—I cannot say when he came home again as I was in bed.
The prisoner, in his defence, stated that he knew nothing about the pocket-book; that he tossed Harris for drink and lost it, and remarked "This is not a Geneva." That he had been imprisoned for two months for being drunk and disorderly in the name of Henry Clark , of 2, New Court, Ratcliff Highway, which was one of Harris's houses, and he believed Harris was bribing the witnesses to ruin him and get him sent to prison.
GUILTY of receiving. He then
PLEADED GUILTY to a conviction of felony in April, 1879, at Clerkenwell.— Seven Years' Penal Servitude.
MR. BLACKWELL and MR. HOPKINS Prosecuted; and MR. PURCELL Defended.
ALFRED HILLS (Policeman M 127). On 21st Feb. I took the prisoner at 56, Larnaka Street, Bermondsey, where he lives—he is a biscuit baker—Mr. Overton, the father, in the prisoner's presence said "I give this man in custody for decoying my daughter away under the age of 16 years"—the prisoner said "The daughter left her home of her own free will"—the daughter was with him in the back bedroom on the first floor—she said "It is all my fault"—when the charge was read over at the station the prisoner made the same statement.
Cross-examined. The mother spoke first—I cannot tell you what she said—she was very excited—she was holloaing at the top of her voice as I went up the stairs—I did not hear that the girl had been turned away by her father and mother—I was there about five minutes.
LOUISA OVERTON . On 10th February I was living with my parents at 7, Artillery Lane, Bishopsgate—I shall be 16 on 8th November next—I had known the prisoner over twelve months—he lodged with my parents about eight months—he left them two or three months ago—I saw him on February 9th—I made an appointment to meet him on Saturday the 10th—on the 10th I went to my business at Bunhill Row—I saw the prisoner between 4 and 4.30 p.m. in Bishopsgate Street—I went with him where I had been lodging when I was away from home in Lonsdale Street, Moorgate Street—I had gone home from there last Wednesday week night.
Cross-examined. I earn 13s. to 15s. a week at De la Rue's—I pay my parents 9s. to 10s. a week—I am the youngest child—I have a brother and sister—I have not been happy at home lately—there have been frequent quarrels ever since I have known the prisoner—it was just the same whether I went out or not, they would always find something to quarrel about—my father called me a bad name two or three times—he told me to go away on several occasions—my mother did not say so—the prisoner had asked me to be his wife, we were coming together at
Easter—my father quite agrees that we should come together, he says he does not wish to harm the prisoner at all—it was not the prisoner's wish that I should leave home, it was all of my own accord—I could not live at home comfortably and I was very comfortable while I was away from home—the prisoner's wages are a guinea—he had to be in by 11, but the last night he did not because his arm was so bad—we went together to Larnaka Street—we arranged to come in on the Saturday to live together there—before that the prisoner lived where he worked—on the Friday night I quarrelled with my father and he told me to go away and I told him I would take him at his word that time—that was after 7.30 p.m. when I leave work—I said before the Magistrate that I met the prisoner in Bishopsgate Street on Friday evening and then went with him to Larnaka Street, and that I had arranged with him on the Friday evening to meet—he did not ask me to go, I went voluntarily.
Re-examined. I was living with my father when I arranged to go and live with the prisoner—I lived with the prisoner as his wife at Larnaka Street.
JOHN NELSON OVERTON . I am a harness maker, of 7, Artillery Lane, Bishopsgate—the last witness is my daughter—this is the certificate of her birth on 8th November, 1867—I got it from the Registry—up till 10th February my daughter Louisa was living with us—she left our house that morning at 7.30 to go to her occupation—I expected her back—I had never told her to leave my house—finding she did not return I went and searched for her—I found her in Bermondsey on the 21st at 6, Larnaka Street, in a second floor room with the prisoner, lying on the bed—she did not have my permission to go away with the prisoner—it was against my will.
Cross-examined. There had been quarrels between us—I had not called her a whore—I believe her mother had—I have given her a good reprimand—I do not know what money she brings home, I have nothing to do with the children or the house—I have since been asked to consent to the marriage—I have not consented—I would not sell my child for any person—if he was a respectable man I would consent but I would not sell my child to him—I left this matter in the hands of the police and have given no instructions to solicitors or counsel.
Re-examined. I reprimanded her for being out late of a night—she began to stay out late ever since she has known the prisoner.
NOT GUILTY .
OLD COURT.—Friday, February 2nd, 1883.
Before Mr. Justice North.
MR. WILME Prosecuted.
NOT GUILTY .
MR. POLAND Prosecuted; MR. RIBTON defended, at the request of the Court.
Shields—the prisoner was also a fireman on board—he is a Maltese—on 21st January last the vessel was in the port at Brest, lying close to the quay in the harbour—the tide rises and falls there—about 1 o'clock that day I went ashore—I found the prisoner there and we were together on shore for about four hours—we had some brandy, four or five small glasses each, but he had been half drunk already—about 5 I left him in the public-house and went on board—the prisoner was drunk when I left him—he came on board about two or three minutes after me—he was crying—I said "Why not come in the forecastle? You are a fool, you cry like a child"—he said "No, I won't come in the forecastle, you want to strike me"—I had not struck him—I put my hand to pull him out and we fell on the deck—I found a cut in my face and a cut in my hand—I don't know how it was done—I saw no one there but the prisoner—I did not see a knife in his hand, I saw one in his belt—after this I went to the galley and got my tea—I left the prisoner in the forecastle—he came outside the galley and said he would pay me to-night—I told him to go to the forecastle and go to bed—as soon as I said that I saw him lift his hand and strike me in the left side of the neck—I did not see anything in his hand—I saw the blood run out and I lost my senses—when I came to myself I was in the hospital at Brest—I was there thirteen days, the doctors attended to me—I then returned to England by the mail boat and was in the Sailors' Home—I was seen there by a doctor—the wound is well now.
Cross-examined. I have known the prisoner a long time—we have always been good friends—we had no disagreement on shore—I do not carry a knife; the sailors always carry knives—I don't know whether the prisoner carried one; I never saw it—sometimes the firemen use a knife when they are at work in the harbour—I did not see the prisoner with a knife that day—he was very drunk—I did not see him strike me, only I found a cut in my head and face—we had no fight—we fell on the deck; I don't know which was on the top.
PETER CHIMOSIDE . I was a seaman on board the Buetron, of London—on 21st January, between 6 and 7 o'clock in the evening, I saw the prisoner on board—he was intoxicated—he came to the other side of the ship and commenced crying, and said that Peter wanted to strike him—Peter did strike at him in the forecastle with his fist—they began scuffling together and fell—we put them on their own side of the ship—they were talking in their own language—they came out again and commenced quarrelling again—the watchman, James Gordon, and Walsh, parted them, and they went to their own side of the ship again—they came out shortly after, and Peter went to the galley, and I saw no more till he came out, and he was then stabbed in the neck—before that I had seen the prisoner with a knife in the forecastle—Gordon took it from him, and it was hove overboard—that was before they went into the galley—I afterwards saw the prisoner with a second knife—that was when Peter came out of the galley with his throat cut—he said "Stand clear, he has cut my throat again"—the prisoner came out of the port galley door, went under the bridge, and dropped the knife overboard—I helped to take Peter to the hospital.
Cross-examined. I only knew the prisoner since he joined the ship in January, about nine days before this happened—he had been drinking on this day—Peter struck him first with his fist, and he struck him with
a knife in the cheek—they always seemed to be good friends before this.
EDWARD WALSH . I was a seaman on board this vessel—about 6.45 on this evening I saw the prisoner in the forecastle with Peter—I saw the watchman take a knife out of the prisoner's hand; it was only a bit of a table knife, it would not do one any harm—they then came quietly into the forecastle—I then saw Peter take a knife out of his belt and offer it to the prisoner, who said "That is my knife"—Peter said "I am afraid of you and your knife"—Peter came out, went out, and the prisoner followed him—they began quarrelling again—I went to part them—I don't know who had the knife—I got a cut in my hand—the prisoner cut it; he had the knife then—I pulled Peter off the top of the prisoner, and then went to wash my hand—about 10 minutes after I saw Peter bleeding from the neck.
Cross-examined. I saw Peter take a knife out of his bunk—the prisoner said it was his—at the time I took the knife away from the prisoner I don't know whether Peter had a knife; I don't think he had—I saw two knives—I don't know who they belonged to.
WILLIAM TOPPING . I was engineer's steward on board this vessel—on this Sunday evening, 21st January, I was standing outside the galley—I saw Peter there—the prisoner came in shortly afterwards, they began talking, and suddenly the prisoner raised his arm and struck Peter in the neck—I saw the flash of a blade—Peter called out that he had been stabbed, and ran over to the starboard side—the prisoner ran over to the port side—the gendarme came on board and took him away.
JOHN TUNBRIDGE (Police Inspector). On the morning of 3rd February I took the prisoner in charge from the Glasgow Police at the King Street Station in London—he can understand English when spoken to quietly—he was charged with cutting and wounding one of his shipmates on board the British ship Buerton in Brest Harbour—he made no reply—on the way to the station he said "It's only a scratch. I had been ashore all day and was very drunk."
JOSEPH SOANE . I am a surgeon, of 1, Dock Street—on 6th February I saw the prosecutor in the Sailors' Home, Well Street—I found a wound on the left side underneath the jaw, about three inches long, partly healed—it was such a wound as might have been inflicted by a stab with a knife—I should think it had not been very deep—it was near the large bloodvessels—he had two scratches, one on either side of the head—they were quite healed—they were such as might be caused by a knife—he is quite well now.
Cross-examined. The wound was not in itself dangerous.
The Prisoner's Statement before the Magistrate. "I was drunk."
MR. POLAND put in a certified copy of the vessel's register.
GUILTY on the Second Count.— Eighteen Months' Hard Labour.
345. JOSEPH STANTIAL (34) , Feloniously setting fire to certain straw in the dwelling-house of Richard Coveney, with intent to set fire to the said dwelling-house, persons being therein. Second Count, with intent to injure.
MR. RIBTON Prosecuted.
—he stayed in the club-room till about 12 o'clock—he came into the bar parlour and said he would set fire to the shant—I told him to go to bed; he went up to his room—I heard a noise upstairs—it woke the baby, and I sent my wife up to fetch it down—when she got on to the first landing she called out to me, and I rushed up—I saw the prisoner doing a war-dance in front of his door like a madman—he was calling out "Come up, you b—s, and see it burn!"—I could see the shine of the light as I ran up the stairs—I could not get by without knocking him down—there was a small couch in the room—he had broken that up and taken the straw out; of it and scattered it about on the floor, and it was alight—I and another lodger put the fire out—I sent for a policeman and gave the prisoner in charge—in going to the station he said "I told you I meant to break the sofa and burn it."
By the COURT. There was no harm done to the room; only the stuffing of the sofa was burnt—there was an oilcloth in front of the fireplace, and a carpet on the other side—those were not burnt.
Cross-examined by the Prisoner. The straw did not fall down from the fire-grate on to the oilcloth in the confusion; the straw being dry was scattered all over the place—a small portion was under the couch—that was on fire—we had always been good friends—I never had any words with you—I don't know what your intention was, unless you were mad drunk.
GEORGE BROWN (Policeman SR 17). After 1 o'clock on the Sunday morning I was called to Coveney's beershop—I went up to the second-floor back room—I found it full of smoke—I saw the couch, a great quantity of straw had been taken from it; it was almost empty, and straw ashes were on the carpet and oilcloth—the prisoner was sitting on the bed drunk with his elbows on his knees, covering his face up, and he was bleeding a little from the mouth—I asked him what he had been doing—he said "Breaking up the couch"—I asked him what he had done it for—he looked over to Mr. Coveney, and said "I told you I meant doing it; you know I meant doing it; I told you so"—I asked him how came the straw alight on the carpet—he said "I was lighting my pipe"—I found a pipe on him at the station; it was empty.
Cross-examined. You did not make any attempt to get out of the room—you were stupidly drunk—you did not appear to know what you were about.
WILLIAM CLARK . I am a furniture mover—I was at the house on this night—about 12 o'clock I went into the bar-parlour—the prisoner was there—he said "I will burn the shanty down to-night"—Mr. Coveney told him to go to bed, and he went up—shortly after I beard an alarm of fire—I went up, and saw some straw on the floor alight—I helped to put it out, and fetched a policeman.
Cross-examined. You said you would not allow any one to sleep on the couch—Mr. Coveney meant me to sleep on another couch; not the one you set on fire—you did not want me to sleep in your bed, and Mr. Coveney said I should sleep on the couch in the bar-parlour.
certain things in the bedroom of the prosecutor's house—he said "I told you I would do it, and I did it; I meant to do it."
The Prisoner's Statement before the Magistrate. "I admit saying I would break the couch up and burn it. I also admit putting a piece of straw, but I don't remember setting light to it; what caused me to dance about I have not the least idea. I was a bit upset, and well in drink, which preys on my head. I have been in India. The constable has my discharge. I have no animosity against the prosecutor or any one in the house."
RICHARD COVENEY (Re-examined). There was a fire-grate in the room, but no fire in it—the straw extended fram the fireplace right up to the sofa, which was about three feet from the fireplace—some straw ashes were in the grate—if he had set fire to the straw in the grate the fire might have spread from there to the sofa.
The prisoner in his defence said that it was a trumped up charge on account of his not letting William Clark sleep in his room that night; that he had no intention of setting fire to the place, but since an attack of enteric fever a little liquor brought on insanity, and he had, taken a little when this occurred, and as he said he would break up the couch he did so.
In answer to questions put to them by the Court, the Jury found that the prisoner set fire to the straw, but that he did not intend to set fire to the house; that he was not aware that what he did would probably set fire to the house, and so injure the owner; and that he was not reckless and indifferent as to whether he set fire to the house or not. Upon these findings the Court directed a verdict of
NOT GUILTY .
(See the cases of Reg. v. Nattrass and Reg. v. Harris and Atkins, Sessions Paper, vol. 95, pages 522 and 529.)
NEW COURT.—Friday, March 2nd, 1883.
Before Mr. Recorder.
346. GEORGE PEARCE, (25) , Unlawfully omitting to discover to and concealing from his trustee in bankruptcy the sums of 230l., 120l., and 25l., part of his personal property, and conspiring with Frederick Baynard and others to commit that offence.
After being given in charge to the Jury the prisoner, by the advice of MR. DENNIS, his Counsel, stated that he was
GUILTY, upon which the Jury found him
GUILTY . He received a good character—Two Months' Hard Labour.
347. EDWARD JOHN HURLEY (41) PLEADED GUILTY to uttering an acceptance to a bill of exchange for 300l., with intent to defraud. Recommended to mercy by the prosecutor.— Twelve Months' Hard Labour . And
MR. MONTAGU WILLIAMS offered no evidence.
NOT GUILTY .
MR. J.P. GRAIN Prosecuted; MR. CLARE Defended.
—on 4th January the prisoner came to my office and said that he wished to do some business—he wrote his name on his paper, "A. Benslium, 13, Burton Street, Tavistock Square"—I asked him who introduced him, he said "Mr. Cooper, of Pawson and Co.," whom we knew, as we act for Pawson and Co.—I said "I decline to do speculative business of any kind"—he said that he wished to invest to some money, and requested me to buy 1,000 Spanish Bonds sand some American railway shares—I declined to buy the latter, as they were too speculative, and I was not much impressed by my new client—he said that he would put the balance into Spanish Bonds—I bought them, and sent him a contract, of which this is a copy (produced)—I inquired about him the same afternoon of Mr. Cooper, and then wrote to the prisoner: "Jan. 5.—Dear Sir,—We have to-day seen Mr. Cooper, to whom you referred us, and are surprised to find that he is quite unacquainted with your name, and under the circumstances we must decline doing business with you until you favour us with sufficient references." On the same day I received this letter from the prisoner. (Dated Jan. 5, acknowledging the receipt of the purchase note, and ordering other shares to be bought.) Our letters had crossed—I then wrote: "We beg to enclose you a statement of your account, and shall be obliged by your handing us the amount in bank notes on the 12th instant, and in the event of your failing us we shall resell them." The 12th was the settling day—no remittance came, and the stock was sold on the morning of the 13th at a loss 17 l. 1s. 6d.—I wrote to him again, but never saw him till he was at the police-court.
Cross-examined. He mentioned Mr. Cooper's name, but I am not sure he said that Mr. Cooper gave him my address—I bought the 1,547 Spanish mentioned in this account of a dealer in the market, and I was liable as a member of the Stock Exchange to carry out all my bargains—there was no commission on the sale—I should not have done the business without the introduction.
Re-examined. I purchased the stock and became liable for it, and he became liable to me for it.
WILLIAM COOPER . I am cashier to Pawson and Co., Limited, of St. Paul's Churchyard—the prisoner called on me in January, and asked for a balance-sheet of the company, saying that he had been recommended to purchase the shares as a permanent investment—I had never seen him before, and do not know how he got my name—he asked if we could supply them, and I said that he must purchase them through a broker—he said that he had a large sum at his banker's which he wanted to make productive—he asked for a broker's name, which I gave him, but I did not recommend him.
JOHN CUTCLIFFE . I am a member of the Stock Exchange of 27, Cornhill—on 7th July, 1882, the prisoner came to my office and gave the name of Nino Bensilum, 22, Torrington Square—he said that he was introduced by Mr. Smithett, if Mincing Lane, whom I knew, and that he had some money to invest—he inquired as to Ottoman Bank, and told me to buy 100 shares—I said that it was a risky sort of stock—he said "My friends tell me they are low and likely to improve"—I asked if he meant to pay for them on the account day; he said "Yes, I have a sum of 4,000l. lying at a bank which is bringing me no interest, I may as well make something of it"—I bought 100 Ottoman Bank shares, and sent him a contract note that night, and also wrote to Mr. Smithett—on
the 10th I received this letter, dated the 8th. (From the prisoner, ordering the purchase of 80 Imperial Bank shares.) I purchased 80 Imperial Bank shares for him, and sent him a contract note for them—the settling day was the 13th—the prisoner came to the office that day, and I asked him for the money; he said that he had not got it, as his friends advised him not to keep them, and asked me to sell them—I sold them while he waited, for an amount which left 149l. 5s. against him—I gave him a statement of account, and he promised to send me a cheque, but I have never received it—I presented a petition in bankruptcy against him in August in respect of the debt, and he was adjudicated, and a trustee was appointed—I have never recovered anything.
Cross-examined. I was on the Committee of Inspection with Mr. Shotoff—I purchased the 80 Ottoman shares because Mr. Smithett's reply was not unfavourable.
WILLIAM SMITHETT . I am a colonial broker, of Mincing Lane—prior to July 3 the prisoner brought me a sample of coffee, and asked me to value it—he said that he had come from a broker in another line of business, and he had 2,000l. at the London and South-Western Bank, family money, which he was getting very little for, and wanted to put it somewhere safely, as he might want it again, and wanted to invest it in stocks—he asked me for the name of a broker, and I gave him Cutcliffe and Co.'s monthly list as bearing their name.
Cross-examined. I have looked at the advices from all our branches, and his name is not there; he has no account at any of them.
FREDERICK ALBERT TAYLOR . I am a stockbroker, of 29, Threadneedle Street—on 22nd August the prisoner came and gave his name Abraham Bensilum—I asked him by whom he was introduced—he said "Mr. Gray," but did not say of where—Mr. Gray had been a clerk of ours but is now in business for himself—I said "Oh, our late clerk Mr. Gray?" he said "Yes," and that he wanted to invest 2,000l.—I suggested various securities—he asked which I would recommend, and I said "Colonial Bonds"—he said he preferred foreign stocks—I suggested Portuguese—he said he preferred Russian and Egyptian Unified—I calculated that 1,500 of each would come to rather more than 2,000l.—he said 100l. more or less would make no difference—I bought the stock and sent him the account the same night, but never saw him again till he was in the dock—I wrote to him, asking him to pay for the stock, and received this letter: "Dear Sir,—I received your favour. I cannot see you to-day, owing to a severe cold, but will call at your office"—also this letter: "I regret to say I am very ill, and therefore cannot possibly arrange my transaction with you; I must ask you to be good enough to hold over my stock till this day week, when I will call and pay for it"—I sold the stock, and lost 16l. 17s. 6d. by it, which I had to pay.
Cross-examined. He asked me to hold it over for a few clays, but I sold it next morning.
GRENVILLE GRAY . I am a stockbroker, of Copthall Court—prior to August last I was Mr. Taylor's clerk—I did not introduce him to Mr. Taylor or give him the address—I was out of town at the time—I never saw him till he was at the police-court.
PHILIP MEADOWS TAYLOR . I am a stockbroker, of 21, Threadneedle Street—about 27th September the prisoner came to me—I asked him by whom he was introduced—he mentioned an old friend of mine, said he had some money to invest, and wanted to buy American railway shares—he wrote his address, Alfred Corea, 124, Inverness Terrace, Bayswater—I bought him 80 Denver shares, and sent him a contract note the same night—on 30th October I received a telegram, in consequence of which I bought him 80 New York and Ontario shares—on 3rd October I bought him 60 more Denvers, and also in consequence of a telegram sold for him 2,000 Egyptian for delivery on the account day—I felt uneasy, and wrote to Mr. Smaffield, and in consequence of his answer I wrote to the prisoner, and I think he sent me a telegram—I ultimately sold the stock at a loss of 144l. 10s.—I sent him an account and asked him for the money—I would not have entered into the transaction if he had not been introduced to me as I thought by Mr. Smaffield.
Cross-examined. He simply mentioned Mr. Smaffield's name—he said that Mr. Smaffield had mentioned my name to him—I think he said "our mutual friend Smaffield."
THOMAS MORRIS OAKLEY . I am a stockbroker of Copthall Buildings—on 27th October the prisoner came and gave his name as Alfred Corea—a Mr. Wright who introduced him had called in the morning and said the prisoner would call later on—it was settling day, and being busy I asked the prisoner to sit down and write his instructions—he wrote this paper: "Please buy 50 shares Hammond, 20 Richmond Hammond Electric, do the best for me. Alfred Corea, 30, Burton Street"—I bought those shares in the afternoon and wrote him a letter to say so—he did not take them up and they were sold at a loss of 94l. or 95l.
Cross-examined. He made no representations to me, he only asked me to buy the shares.
HERBERT SHATTOCK . I am a stockbroker—on 29th July, 1882, the prisoner was brought to me by a clerk in my brother's office with the card of a solicitor who my brother knew—he gave his name Nino Bensilum and said he wanted to invest 1,800l., and asked what I thought of American railways—I said they were good things to buy, and he chose two or three, among which were Pennsylvania railway shares—he also asked my opinion of Denver Rio Grand shares—I said "They are recommended"—I bought them and they exceeded 1,800l. by 46l.—he said the excess did not matter—I gave him the contract, and he said "If you hand those securities to my bank, the London and South-Western head office, they will hand you the money on the account day"—he did not take up the stock—I made inquiries at the bank—I am a loser of 131l.
Cross-examined. I have proved my debt in the bankruptcy—I am one of the Committee of Inspection—he also said that Mr. William Webster had recommended him—I sued him, and that made the debt 142l. 5s. 10d.
WILLIAM FLUISSTER (City Police Sergeant). On 31st January I received a warrant from Guildhall for the prisoner's apprehension, and on 1st February at 8 a.m. I saw him in Mapleton Place, Euston Road—I said "Mr. Curtis," he hesitated—I said "I think your name is Abraham Bensilum and I hold a warrant for your apprehension"—I read it to
him—he made no reply—going to the station he asked me on whose suit the warrant was granted—I said Whitehead and Co.—I had been to Burton Street and to 8, Inverness Gardens—I found on him nine duplicates for shirts and waistcoats and ladies' underclothing, amounting to 2l. 2s. 3d. and a quarter of a dollar.
GUILTY — Six Months' Hard Labour.
THIRD COURT.—Friday, March 2nd, 1883.
Before Mr. Common Serjeant.
MR. MONTAGU WILLIAMS and MR. PURCELL Prosecuted; MR. THORNE COLE and MR. CRANSTOUN Defended.
EDWARD FARR . I am a stock-keeper to the prosecutors, Messrs. W.B. Fordham and Sons, general merchants—on 16th January in the afternoon the prisoner brought me a linen press and a special order—that would have to be checked by me—the price of the press was 1l. 15s.—I looked at the press and passed it as all right—the prisoner produced this invoice: "One linen press 1l. 15s."—he was entitled to receive that sum upon that document after I put my initials at the end—the top line has since been added: "One dozen housemaid's boxes, No. 2 new shape, 24s."—that would entitle the prisoner to receive 24s. more—I gave no authority to receive that extra sum of 24s.—I did not receive those articles—on 12th of February the prisoner produced this invoice: "Twelve housemaid's boxes 2l. 5s."—they were checked by Charles Wallis—I initialled it, giving an authority for the payment of 2l. 5s.—"Twelve each housemaid's boxes, 2 and 3 old shape, 2l. 5s." has been added, which would entitle the prisoner to receive 4l. 10s. instead of 2l. 5s.—on 16th February, about 4.30, the prisoner brought three dozen housemaid's boxes for 3l. 12s.—Wallis checked them—I gave an authority to receive that sum by initialling the invoice—nothing else was entered when I initialled it—"Three dozen housemaid's boxes each No. 1 and 3, 21s. and 27s., 7l. 4s." has been added—that would alter the authority from 3l. 12s. to 10l. 16s.—another invoice has been added from another department.
Cross-examined. I do not know where the other invoice is—we employ about forty people—I have been in the firm about twelve years—the prisoner has supplied them with articles near upon that time to the extent of thousands of pounds—this invoice is in Mr. Murray's, the cashier's, handwriting—we have fifteen or sixteen clerks—I have six men under me—I work on the country floor, that would be the third floor—goods are received on the ground floor and then removed to the upper stories—the man delivering them comes to me with the invoice, which I initial and hand back to the man, who takes it to the cashier, Mr. Murray, or to one of the firm, or to the town cashier—above 3l. we pay by cheque—2l. 19s. was paid by cheque possibly because they had not sufficient cash—Mr. Harrison pays small amounts—Wallis receives the goods such as housemaid's boxes—he is not the stock-keeper for the whole place—some goods go to another department—there are ten or a dozen departments—Wallis sees all goods brought to his department,
and looks at the invoices—I do not make any entry in any book when I sign an invoice—I believe Wallis does—Wallis's signature is sufficient for me that he receives the goods—I took the invoice down to Mr. John Fordham to ask him to look at the press—he came up and looked at it—I believe the firm have got back the money out of moneys owing to the defendant—8l. 2s. was owing to him, 5 guineas were deducted and 2l. 17s. handed over to his wife—I remember selling a pony—I asked the prisoner whether he would like some tickets for a lottery or a draw, but I cannot remember shouting out to Charlie on that day.
Re-examined. The day I shouted out to Charlie was not the day the linen press came.
CHARLES WALLIS . I am warehouseman in the prosecutor's employment—on 12th February the prisoner brought me 12 housemaid's boxes—I counted them and made an entry of them—the amount was 2l. 5s.—that entry shows that I received them—the prisoner gave me the invoice—the top line has been added since—I ticked the invoice at the bottom—Farr initials the invoice after it receives my initial at the back—I put my initial on the back of that—I ticked off the articles and gave it to the prisoner—Farr puts his initials upon the invoice before it goes to the cashier—I am sure I did not receive a double lot of housemaid's boxes—on 16th February I had an entry of three dozen large old-shaped boxes at 24s., 3l. 12s.—the prisoner brought me the invoice—I ticked it and endorsed my initials on the back—the other entry has been added—I am sure I only received three dozen on 15th January—I see a line indicating a delivery of housemaid's boxes which is not ticked by me, and my initials are not on the back—I never received them on that date—the prisoner is in the habit of bringing me the housemaid's boxes, which he supplied to the firm.
Cross-examined. I do not take in the linen presses—no one else would take in the boxes—I may have seen the prisoner, but it is not in my diary—I will swear he did not show me those boxes—I did not get a large order for brushes and boxes—I attended to several persons at the time the prisoner came—I only know of one omission in my diary when I had received an invoice—I know the company have recouped them-selves for the money they are said to have been defrauded of—I have known the prisoner five years—he was honest and straightforward—I received goods from a Mr. Savoury about the time I was engaged with the prisoner.
Re-examined. I am the only person who receives housemaid's boxes, and I did not receive any on 15th January—if somebody else had received them they would have called my attention to it at once.
CUTHBERT MURRAY . I am cashier to the prosecutors—on 16th January the prisoner brought me this invoice as it is now—the initials "E. F." were an authority for me to pay the amount, and I gave the prisoner this cheque for 2l. 19s.—on the 12th of February he brought me this invoice as it is now, and upon the authority of Farr's initials I drew a cheque for 4l. 10s., and paid him—on 16th February he brought me this invoice for 4l. 10s., to which I added another invoice, making 15l. 6s.—I examined and found the calculations correct—in consequence of my suspicions, I made inquiries respecting it—the prisoner was brought into the office and questioned—he said "These housemaid's boxes are at my workshop"—I did not pay attention to what was said—before that
Mr. William Fordham questioned him; Mr. John Fordham had questioned him previously—I was told to go to the prisoner's premises—I had the cheque in my possession—I went there and asked him to show me the boxes—he showed me some, but nothing like the quantity—six dozen should have been at his workshop—I told him I must either see the boxes or I had my instructions—he said "You challenge me, I challenge you; I refuse to show them"—Mr. John Fordham, who was with me, fetched a constable—the prisoner was charged, and I handed this cheque for 15l. 6s. to Mr. John Fordham—the goods actually received amount to 8l. 2s.—this is the cheque which I drew and altered—the line in the invoice is struck out by our warehouseman in pencil, in order that I might make the total agree with the cheque.
Cross-examined. From the amount due our firm, deducted five guineas and sent the balance, 2l. 17s.—the prisoner brought the invoice from the warehouse; it was handed to me by a clerk.
Re-examined. I have seen the prisoner write—to the best of my belief the writing on the invoices is his—the cheque is endorsed in the same writing.
JOHN FORDHAM . I am one of the prosecutors—our cashier brought me this invoice, and I saw the prisoner—I said that it looked peculiar that the top lines were struck out and that there was a different ink—he said "I have the goods ready to bring in, with the exception of labelling"—I went to the warehouse and found the goods had not been delivered—I said to him "You have never delivered these goods"—he said "They ought to have been struck out"—I said "You never gained that signature 'E. F.' with that line upon it"—he said he did—we drew a cheque for 8l. 2s.—I sent for Farr; he said the line was not on when he signed it—the prisoner said it should have been struck out; it was there—all the invoices were brought to my attention—I searched for them—I have seen the prisoner write many times—the added line is his writing—the invoice of the 15th January came into my hands on that day—it had one line only then—I found the linen press satisfactory, and gave the invoice back to Farr to sign—I have not received the added goods.
GEORGE HARVEY (Police Sergeant M). At 7.30 on 16th February I went with Mr. Fordham to the prisoner's house at 43, Borough Road—I said to the prisoner "I am a police officer. I shall take you into custody for obtaining money on bills being altered"—he said nothing—I took him to the station—a charge was entered of obtaining money by fraud—he said "I deny it in toto; the goods have been delivered."
Cross-examined. I have not inquired into the prisoner's character—the firm have known him many years.
GUILTY . Recommended to mercy by the Jury and prosecutors.— Nine Months' Hard Labour.
OLD COURT.—Saturday, March 3rd, 1883.
Before Mr. Justice North.
MESSRS. POLAND, SNAGGE, and LITTLETON Prosecuted; MR. RIBTON Defended.
HENRY KEMP AVORY . I am Deputy Clerk of Arraigns of this Court—I was present at the trial of Frauz Felix Stumm at this Court for forgery on 8th, 9th, and 11th December last—he was convicted on all the counts of the indictment—I produce the indictment—the verdict and sentence are endorsed in the usual way—I have the minutes of the trial made by me in Court.
Cross-examined. The indictment was for forging and uttering a deed dated 5th October, 1881, purporting to be between Urban Napoleon Stanger and Charles Frederick Clark—there were also counts for forging and uttering the signature of Clark and for forging and uttering a receipt for 650l.—the name of Stanger was not specifically alleged to be forged, only that of Clark.
JAMES DROVER BARNETT . I am official shorthand writer to the Central Criminal Court—I was present throughout the trial on 8th, 9th, and 11th December last of Franz Felix Stumm, in this court—on Monday, 11th, Elizabeth Stanger was called as a witness for the prisoner—she was sworn in the usual way—I have here the original shorthand notes I took of her evidence; they are a true and correct report of her evidence—this (produced) is the transcript of them.
Cross-examined. It is taken in the form of question and answer—the Sessions Papers are reported by us—they are in the form of a narrative, and give the substance of what she stated—she was examined in English—she seemed to understand it easily; she answered in English.
CHRISTIAN ZENTLER . I am a German—I speak English—I live at 82, Drury Lane—I was formerly in the service of Urban Napoleon Stanger, at 136, Lever Street, St. Luke's—he was a baker, and I assisted him as a journeyman baker in his business—I was about two years with Stanger before 12th November, 1881, and about four or five months before he came there—he was doing a considerable business, it was the best business in the neighbourhood—I last saw him on Saturday night, 12th November, 1881, about 5 or 10 minutes to 12—he came home with Stumm, Mr. Lentz, and Mr. Kramer—Stanger came into the shop, and the other three went home—Mrs. Stanger was behind the counter—I went to bed—since I left Mr. and Mrs. Stanger together in the shop on that night I have never seen Stanger—the following morning about 8 or half-past 8 Mrs. Stanger called me and another German in the house, Peter Schroeder—when we came down she asked me if I had time to go and fetch Mr. Stumm from St. John Street Road—she did not say for what purpose—I fetched him from St. John Street Road, which was his home—he came to Lever Street about an hour afterwards—that would have been about 10 on the Sunday morning—I remained in the house till 2—Peter Schroeder and Stumm were there up to that time—I can't remember if I went out or to bed in the afternoon—I was at home again at 7—Stumm was there then—after the Sunday he stopped there every night, and after a week or a fortnight he went away for a few hours in the afternoon—he was a baker—he had sold his own shop at that time—he attended to the baking and to the business generally during that time—I left the employment in the beginning of May, 1882—I was away four weeks, and went back in June some time, and continued there in Lever Street till September last—Elizabeth Harvey was the servant there—I saw her in the bake-house on the evening of 13th September burning a paper over the gas—this parchment (produced) was that paper—while she was burning it some customer was knocking in the shop, so that she was obliged to go into the
shop to serve, and then she pushed it underneath the trough—I took it out, looked at it, and saw Stanger's name on it very often, so I took it to the Black Bull, a house of call for bakers, and gave it to Mr. Heinrich, the proprietor.
Cross-examined. I and Peter Schroeder slept in the house on the second floor on the Saturday night—I think I was asleep when Peter came to bed—he was shutting up the shop—he was there when I woke up in the morning—Mr. and Mrs. Stanger used to sleep on the first-floor, under us—the three master bakers who came home with Mr. Stanger on the Saturday night did not come into the house, they came to the door, and Mr. Stanger came in—I was not in company with them on that night: I was out about four or five hours by myself—I came home just a few minutes before Stanger—Mr. and Mrs. Stanger were both in the shop, and Peter was shutting it up when I went to bed—if I was awake I should hear a noise on the stairs—I did not hear Stanger come up to his bedroom, and I never saw him afterwards—Mrs. Stanger did not tell me the following morning that she did not know what had become of Mr. Stanger—I am sure she did not say anything at all about Mr. Stanger—I knew Stumm before he had sold his business—Mrs. Stanger said "Go and knock at the private door and desire Stumm to come directly"—she did not tell me the reason, and I did not ask her—on the Sunday night the baking for Monday went on—as Stanger had not made his appearance, Stumm overlooked the baking business—I had seen him at Stanger's house nearly everyday, or twice a day before this transaction, and I have seen Mrs. Stumm there sometimes—I don't know whether the families were on good terms—Kramer is dead; the other master baker, Lentz, who came to the house on that night, is here.
Re-examined. I took my orders from Stumm when he took charge of the business—he was conducting the business.
CHRISTIAN HEINRICH . I am landlord of the Black Bull Inn in Montagu Street—on 13th September last year the last witness handed me this deed—it was then in the same condition as it is now—I afterwards handed it to Mr. Geisel.
ALBERT STEPHEN HATCHETT JONES . I am a solicitor, practising at 47, Mark Lane—I knew Urban Napoleon Stanger, of 136, Lever Street—I remember Stumm, the man who was convicted, calling at my office on 23rd November, 1881—he brought me the deeds of the property in Lever Street, and gave me instructions as from Stanger—on that I prepared a mortgage deed—this (produced) is the engrossment of the mortgage deed that I drafted and prepared—it was engrossed at Waterlow's—I saw Stumm again the following day, November 24th; he called again at my office and took away this engrossment—the mortgage is by Stanger to Charles Frederick Clark, 64, Caledonian Road, brewer, to secure 650l. by demise of the premises, 136, Lever Street, and interest at five per cent. payable half yearly—it is dated 5th October, the date given me by Stumm as the day the money was advanced—the proviso for redemption was that the money was to be paid within three months, and if not paid within that time interest was to be paid half yearly—there was an attestation clause and there was engrossed a receipt for the money, the stationer put that on without instructions—it was a clean engrossment on stamped parchment when I handed it to Stumm, there was no signature to it—I had it in my possession on the 23rd, and at that time there was no signature
of the grantor and no signature to the attestation clause—Stumm took it away—I next saw Stumm about the matter in February, the 23rd I think; he brought the deed with him—it then purported to have been executed, receipted, and attested—Urban Napoleon Stanger appeared as mortgagor and as having signed the receipt, and it purported to have been attested by Ch. F. Clark, 65, Caledonia Road; and in consequence of Stumm's instructions I had a reassignment endorsed upon it—that was engrossed by one of my clerks, Wintersgill—according to this the mortgage is paid off and the property reinvested—the money was supposed to have been repaid on 6th January, the date of the equity of redemption, three months from the 3rd October—the reassignment is dated the 6th January, 1882—there was an attestation clause, also engrossed, to the reassignment—when the deed was so engrossed it was handed to Stumm, who took it away—I don't remember to have seen it again till I saw it in the hands of the police.
CHARLES JAMES WINTERSGILL . I am clerk to the last witness—I remember Stumm coming to our office on 22nd February, 1882—this is a call book with my entries in it—he brought this deed with him, it had been executed and attested I believe—in consequence of instructions I endorsed this reassignment upon it, and it was taken away by Stumm.
ALBERT STEPHEN HATCHETT JONES (Recalled and Cross-examined by MR. RIBTON). I was solicitor for the trustee in Stanger's bankruptcy—after 12th November he was adjudicated bankrupt, two of the creditors presenting a petition—that was afterwards annulled by the Court of Appeal because there was no proof of his having absconded—Stumm paid over 700l. on account of Stanger's debts at the time he was managing the business from 12th November—when the bankruptcy trustee took possession the shop was advertised for sale and sold by auction at the Corn Exchange—Stumm paid 850l. for it—I believe Stumm carried on the business there afterwards.
Re-examined. It is alleged that Stumm took over a large quantity of stock—I know nothing of that.
(The signatures upon the deed of Urban Napoleon Stanger to the deed and receipt, of Ch. F. Clark to the attestation clause and to the reassignment, and of Thomas Letch, were pointed out to the Jury.)
RALPH GREEN . I am a fishmonger, of 90, Central Street, St. Luke's—I and Stumm were the attesting witnesses to the will of Kramer—I saw the written part of the endorsement to that will written by Felix Stumm.
Cross-examined. I saw Stumm write all that on the back—he is a German—I am sure I saw him sign his name in the bedroom.
HENRY RADKEY (Police Inspector). I was directed in April last to trace the missing man Stanger—I went to Metz in August to make inquiries on this subject, and there saw the prisoner—she came to the police office there to give information, and answered questions put to her by the police at my suggestion—she was cautioned and her statement was taken down, read over to her, and she signed it in my presence—this is the document, it is in German—I am a German—Chief-Inspector Hagan translated it, and I compared it—the prisoner was asked if it was correct and she made an alteration in one word—Hagan's translation is correct—I am quite conversant with German and English. (Read: "Stumm has said nothing to me about my money affairs. I know nothing
of a mortgage for 650l. registered upon the lease in favour of a brewer named Clark, of 65, Caledonian Road; I don't know the man at all. I don't know where the lease is, I have never seen it. I don't know a lawyer named Jones, of 47, Mark Lane; I was never at his place, and had nothing to do with the transfer of the lease from Stanger to Stumm in March last. It is not true that I was in Mr. Jones's office respecting the transfer of the lease.")
Cross-examined. Stumm was not in custody when I saw the prisoner at Metz in Aug.—I saw her at Branderhause on the 1st Aug., and at the police-office on the 3rd—she knew me; she had seen me before at 136, Lever Street—I questioned her through the German police officer; he put the questions in German—her answers were taken down in writing by the German police officer—she was not sworn—questions were put to her about a mortgage, and explanations were given to her of what a mortgage was—dates and names were given—that (produced) is the original paper on which her answers were written—only the answers are given shortly—I do not know that she was not given into custody in Germany and an extradition applied for—she was never told that if she came over to England she would be taken into custody; whether she was told by anybody else I don't know—she came back to England in the beginning of September last; these questions were put in August—Stumm was apprehended on 12th September; she was here before that—she was apprehended on 28th September, and charged at the police-court with conspiring with Stumm, and after remand, Mr. Poland withdrew the prosecution—she remained in London—I never told her that if she remained in London she would be taken up again; I don't know whether anybody else did—she had been ordered by the authorities at Metz to attend at the police-court there, and she did attend next morning—I cautioned her in the proper manner.
Re-examined. I was present when the prisoner was arrested, on 22nd January—I went to identify her; she knew who I was—the warrant was read over to her by Detective Sergeant Meisner, but not in my presence—she said she could not tell me any more than she had already done—I have made inquiries at the house of Mrs. Stevens, her mother—I saw these two envelopes at 73, St. James's Road, Holloway, the house of Stumm's mother-in-law, Mrs. White.
JOHN GEORGE GEISEL . I live at Fonthill Road, Finsbury Park, and am a flour factor—I was acquainted with Urban Napoleon Stanger—I was well acquainted with his handwriting—I received this letter, dated 9th January, by post, about 12th January, 1882—there was an envelope with it with the Kreusnach post-mark—I have not got the envelope, I mislaid it—this other letter and envelope purports to be written to a person of the name of Hoffman—it is not Stanger's signature, it is an imitation—I can't say who wrote either of the letters.
GEORGE WILLIAM DANTER . I live at 28, Durham Road, and am cashier at the London and County Bank, Shoreditch—Stumm had an account there—I am familliar with his handwriting—I was present when he signed the bank-book—I believe the endorsement on this will of Kramer's to be Stumm's writing; the signature F. F. Stumm, as an attesting witness, I believe is also his writing: also these two envelopes, and the two letters of 9th and 11th January—the signature of the attesting witness, "Ch. F. Clark," to the deed of 5th October, 1881, I have no doubt whatever is Stumm's
writing; the "Ch. F. Clark, 65, Caledonia Road," is the same writing—I also believe the "Thos. Letch," flour factor, 5, Buxton Street, Mile End, as attesting witness to the reassignment, to be Stumm's writing—I am not so sure about that, because it is rather different to the other, but I believe it to be his.
Cross-examined. As to the two signatures to the will, one is larger writing than the other, that is the only difference; I should say they were the same writing—I have seen Stumm write several times—I also believe the signature of Clark to be written by Stumm.
GEORGE SMITH INGLIS . I have an office at 13A, Red Lion Square—I have been accustomed for 30 years to make fac-similes, and lately it has been my study to make comparisons and give evidence as to handwriting as what is called an expert—I made some fac similes for the use of the Lord Chief Justice in a trial—I have examined carefully the handwriting of the endorsement to Kramer's will, of these two envelopes, of the letters of 9th and 11th January—in my judgment those are written by the same person—the signature Ch. F. Clark, 65, Caledonia Road, to the attestation clause of the mortgage deed, is written by the same person who wrote the letters and the two envelopes addressed Mrs. Stumm, St. John's Street Road, London, and the endorsement to Kramer's will—the "Ch." agrees with the same letters in the endorsement of Kramer's will, and also with the Charles Frederick Clark to the reassignment—that signature I believe also in the same handwriting—the capital F in the deed agrees with the same letter on the police statement, on the letter of the 11th, and the attestation to Kramer's will—the K in "Clark" agrees with the "K" in Clerkenwell on that envelope marked 14A—the "R" in "Road" on the deed agrees with the same letter in "Road" on the envelope referred to—the "K" on that envelope is a similar one, but not so decided as the other—those are some among the many points I made—I have no doubt that the "Ch. F. Clark" to the attestation and reassignment are by the the same writer as the envelopes.
Cross-examined. This is not the first time I have given evidence as an expert, it is the third time—I knew the late Mr. Chabot—I have been told experts have sometimes made mistakes—I have never had to examine the letters of German writers before—there are undoubtedly national peculiarities about a style of handwriting—one German writer might write like another German writer—I only speak to the signature and address of Clark—I endeavoured to find out some similarity in the formation of some of the letters, to arrive at the conclusion that they were written by the same person—"Ch." was the only instance I gave as a combination of two letters, in all other cases I mentioned the formation of single letters—I first gave evidence as an expert on the trial of Stumm.
JOHN MARTIN WARNE . I am a chemist, living at 65, Caledonian Road, King's Cross, in the parish of Islington—I commenced my residence there in June, 1881—there was no person of the name of Charles Frederick Clark living there when I went there, nor has any man of that name lived there since.
Cross-examined. I occupy the whole house—William Baker, a chemist, lived there before me; he has gone to Hampton—I don't know whether he let lodgings—I do not.
New Town—this is not my signature to the attestation clause of the deed—I know nothing whatever of it, and I knew nothing of the deed until the trial in December—it is my name and address on it.
Cross-examined. I know nothing of Stumm's trial—I received a warrant from the Lord Mayor, at the Mansion House, to arrest her on 20th Jan.—I found her in St. George's-in-the-East, where she had apartments—I went with Radkey—I told her the object of my visit and read the warrant; she knew Radkey, not me—she made no reply—shortly after Radkey came in, and she said she could not say more than she had already said.
CHRISTIAN ZENTLER (Re-examined). After Stanger went away Stumm only managed the business till April, I believe—he put his own name up at the end of March or the beginning of April, and he and her managed the business—Stanger's name had remained up till then—from November till March or April he used to go there and manage the business without his wife, and stay there at night.
The evidence of the prisoner on Stumm's trial was read from the Sessions Paper (see page 112), and portions of the transcript of the shorthand notes, as taken in question and answer, were also read.
MR. RIBTON submitted that there was no sufficient case to go to the Jury; that the only contradiction to the evidence of the prisoner on oath at Stumm's trial was her own statement to the police officer at Metz, which might have been supposed by her to have been compulsory; that there was no independent testimony to prove that her evidence was untrue, and that, therefore, this case went beyond any that had been decided to be necessary to support a charge of perjury (see Reg. v. Yates, 1 Carrington and Marshman, p. 138, and Reg. v. Hooke, 1 Dearsley, Crown Cases, p. 606).
MR. JUSTICE NORTH was of opinion that there was a case for the Jury, and declined to reserve the point.
GUILTY .— Twelve Months' Hard Labour.
NEW COURT.—Saturday, March 3rd, 1883.
Before Mr. Recorder.
MR. MONTAGU WILLIAMS, for the prosecution, offered no evidence.
NOT GUILTY .
MR. CARTER Prosecuted; MR. GEOGHEGAN appeared for Dunn, and MR. FRITH for Cooke.
ARTHUR RUSSELL (Policeman A 260). On 20th February, at 1 a.m., I saw the prisoners in Whitehall in a group with four other men and two girls—they went towards Westminster, and met a man by the Admiralty—they all got round him, but he got away—after passing the Horse Guards they met an old man—the men got round him, and the girls stood a few paces off—Dunn struck the man on his face, and before I could run up Dunn struck him a second blow, and he fell—the girls shouted "Run, you
f—, here is a b—copper"—they all ran away—I left the man lying there, and ran after Dunn, and with the help of another policeman caught him—I took him back to the spot, and met Mr. Vanpoole, who said "That is the man who knocked me twice, and tried to take my watch, why did you do that? I did not say anything to you;" Dunn did not answer—I took him to King Street Station, where he said "I did not strike you, if I had I should have blackened your eyes"—Mr. Vanpoole was bleeding from his nose; he had a cut on his nose, and another on his forehead—later on I was at Bow Street Station, saw Cooke in custody, and recognised him as one of the men who attacked Mr. Vanpoole.
Cross-examined by MR. GEOGHEGAN. I was 15 yards from Dunn when he struck Mr. Vanpoole—I saw everything clearly—I did not see Dunn try to take the watch—there was a good deal of larking—the girls were 14 or 15 years old or more.
Cross-examined by MR. FRITH. It was 12.45 or 12.50, not long after closing time—when I got six or seven yards from them they started—Cooke was taken four hours later.
ALBERT CHARLES VANPOOLE . I am a messenger, and live at 32, Great Marlbourough Street—on 20th February, in the early morning, I was in Whitehall, going home towards Charing Cross—I had a bad hand from a poisoned finger, and had to carry my hand up—all at once I was surrounded by four men—I received two blows; my coat was buttoned, but it was opened by the first blow; the second blow was on my eye, and I have the the mark now—I recognise the prisoners—it was Dunn who struck me, but Cooke was the worst—a policeman caught Dunn, and brought him to me—I recognised him, and asked him what he struck me for, as I did not interfere with him—I saw Cooke at Bow Street the same day—I recognise him, as he is tall and thin and pale-faced—my eyes were all light till the second blow—I have no doubt the prisoners are two of the men who attacked me—my watch was inside my coat in my left waistcoat pocket—they opened my coat, but I kept my hand tight against my chest.
Cross-examined by MR. GEOGHEGAN. The first blow nearly stunned me, but it was not in my eye—after that I felt a hand feeling over me—they did not try to take my hand away.
Cross-examined by MR. FRITH. I picked out Cooke from several others—the policeman was standing by a pale-faced man—the Magistrate asked me if I knew him and I said "Yes"—I did not see him till he was in the dock—he is dressed the same now; he wore a round hat, but I am not sure whether it was a hat or a cap, as it was all confusion, and so quick after the first blow.
Re-examined. The man I saw in the dock had a pale face—I saw him then in open daylight—the constable told the inspector that he saw them try to take my watch.
DUNN— GUILTY .*
COOKE— GUILTY . He then
PLEADED GUILTY** to a conviction at Clerkenwell in May, 1880.— Five Years each in Penal Servitude and Twenty-five Strokes each with the Cat.
MR. GLADSTONE Prosecuted; MR. FRITH Defended.
OLIVER WHEELER . I am second clerk at Worship Street Police-court—a summons was granted against Rachael Newman in November, and I produce the notes I took on the hearing on 1st December—this (produced) is the original summons—Mrs. Newman appeared, and it was inquired into—both parties were there.
Cross-examined. The summons was for abusive language, and Mrs. Newman was bound over by the Magistrate.
EDWARD JOSEPH PAXMAN . I am a carman, of 23, Pelham Street—I have known the prisoner six or seven years—he came to me in December and said "I have got a case on at Worship Street, and have got a summons out; I told the Magistrate I had witnesses, but I have none; will you take a walk with me?"—I did so—he asked me to have a drink in a public-house, which I refused—we walked to Worship Street and went into a public-house by the side of the Court and had twopennyworth of rum—he then said "Will you state as I tell you? on 16th November, Thursday, Mrs. Newman was out in the road quarrelling with me, and she scratched my face, pulled my whiskers, spat in my face, and told me I had a child and was paying 5s. a week for it, and as I was going indoors she caught hold of me and kicked me several times, and told me that I was a Kishmot, that is a Jew reformed to a Christian, and had a little synagogue of my own in my house, and she would try to ruin my little congregation, and as I went to the door she caught hold of me and pulled me out two or three times"—he then gave me a half-crown—I made no reply—he took me to a solicitor named Pike, and repeated the evidence to him—I went to the police-court on 1st December and heard my name called three times—I did not answer, but I stopped till the case was over—he had asked me to say that I saw this, but I did not—he began abusing me outside and cursing me in Hebrew because I did not go in and speak for him—I was then taken in to the Magistrate and offered to return the half-crown.
Cross-examined. I had never seen Mrs. Newman before—I made no reply when he asked me to give false evidence—I took his half-crown with the intention of exposing his villany—I sent word to the Magistrate the day after the trial, and he sent word out that I was to keep it for my trouble—I won't say whether I spent that half-crown, but I returned a half-crown or 2s. 6d. to the interpreter in the case—he is here—I did not speak to the solicitor—Marks said "These are my witnesses, and this is what they are going to say," but it was not my intention to go and swear against a woman I knew nothing about—I was once accused of stealing a shilling, but the inspector dismissed the case—I have not gone to Marks and asked him for money since this charge has been pending, or to his friends.
Re-examined. I took a half-crown to the Court on December 2nd, and received a message from the Magistrate.
BENJAMIN LEVY . I am a cigar maker, of Baker Street, Mile End—on 22nd November I was in Mr. Solomons's shop; Abrahams was present—the prisoner came in and Mr. Solomons said "Hallo, Mr. Marks, what is the matter?"—he said "I am in a little bit of trouble, I have had a row with a neighbour"—he whispered in his ear and called him outside—Solomons sat down to his bench and the prisoner asked him to have a drink, but he refused—he said "Are these your friends?" meaning me and Abrahams—he said "Yes"—he said "Will you come and have a
drink?"—I said "No," not knowing the man—Abrahams and the prisoner and I eventually had a drink at a public-house, and the prisoner addressed us both and said "I want you to go to Worship Street Police-court on Friday next as witnesses to say that that you were passing down Spicer Street between 3 and 3.15 on 16th November, and saw Mrs. Newman spit in my face and pull my beard and put her foot against the door to force herself into my house, and that she called me a turncoat in religion;" he said that in Hebrew; "also that I heard her accuse him of having a bastard child by a young woman of the Christian faith, which he had to pay 5s. a week for"—Abrahams said "How could we do a thing like that? people who never knew him before"—he said "It won't be nothing"—Abrahams said "We can't do a thing like that"—the prisoner gave us half-a-crown each, and we went to the police-court, but were not called, the case was postponed—I saved my half-crown and did not break into it, intending if I had been called to expose the prisoner, but I had no opportunity, and when I heard that the two summonses were dismissed I went to Worship Street and tendered it to the Magistrate to put into the poor-box—I did not go in, I was outside, but somebody told me what the Magistrate said, which was that we were to keep it for our trouble.
Cross-examined. I suggested that it was a disgraceful thing to ask us to commit perjury—I was not angry in front of him but I was within myself, and when he spoke to his solicitor about the false evidence I was going to give I walked away and laughed—I asked him for the half-crown in the public-house—he said "I will make it all right with you afterwards"—I said "It is not all right, give me the half-crown now"—I said before the Magistrate "Marks came up and said 'Mr. Levy, you are not going to do anything wrong for me to-day?' I said 'Oh, no'"—if I had been called his villainy would have been exposed—I have never said that I should have been on the other side only I received some money—nobody is paying me for coming here to-day, I am bound over in 40l.—Mrs. Newman has given me nothing.
Re-examined. I was not taken to Mr. Pike's office, I saw him in Court—he did not take down my deposition, it was simply a conversation between us.
ABRAHAM ABRAHAMS . I am a cigar maker, of Hope Street, Mile End—on 22nd or 23rd November I was in Mr. Solomons's shop with Levy; the prisoner came in, I had seen him before, but I had never spoken to him—he said "Will you have a drink?" Solomons said "No, take my friends"—Marks said "Are these men all right?"—he said "Yes"—he said that he was in trouble, and repeated the case, and in the public-house he asked me to say in my evidence at the police-court against Mrs. Newman that I saw her pull his beard and spit in his face, and heard her say that he had a bastard child, and use abusive language to him—I said "How can I say such a thing if I never saw it?"—he said "It is simply said, I will pay you for your trouble"—on the Thursday night he said to Solomons "Shall I see you to-morrow?"—he said "Yes"—in the public-house he said to us "Don't come down to my house because I don't wish you to be seen walking with me," but I went on the Friday to his house—I went to the police-court, but was not called—I did not go on the second occasion, I was at work—he gave me half-a-crown in the public-house—I took it to the Court next morning to
put it into the poor-box—I gave it to the interpreter because he could speak better than I could.
Cross-examined. I took the half-crown to expose his villany—I did not ask him for it, he gave it to me feely—I did not notice whether he gave one to Levy—Marks did not say "It will be all right," nor did Levy say "No, it won't; we want it now"—there is another chap here who he offered a half-crown to—the interpreter told me to spend the half-crown, and I did so—the interpreter was objected to at the police-court.
JACOB SOLOMONS . I am a master boot and shoe maker, of 44, Pelham Street—on 22nd November the prisoner came in and said "Mr. Solomons, I want to speak to you, come outside; I am in trouble; I have had a few words with a neighbour and the Magistrate asked me if I had any witnesses; I said 'Yes;' and I want you to allow your workmen to go as witnesses; will you have some liquor?"—I said "No, thank you"—he took Levy and Benjamin to have a drink—I went to the Court next day to see how they were getting on, and saw Abrahams and Levy talking to Mr. Pike, and they came into the public-house and had a drink—I was in there and saw Marks pay Levy and Benjamin half-a-crown each—the case did not come on that day—Marks said on December 1 that he should be ruined if the witnesses did not come.
Cross-examined. When he asked me to let my workmen go as witnesses I made the excuse that I was very busy.
LEWIS MARKS . I am a riveter, of 48, Pelham Street—I am no relation of the prisoner—I was in a public-house when Paxman and Marks came in—Marks said to Paxman "I hope you will speak well and get over this case, and I shall make it all right with you hereafter," and he took some money out and treated me and gave Paxman some money—Marks said to me "Look after Mr. Paxman, see that he shall not leave the Court but go in as a witness for me."
Cross-examined. I did not understand what Paxman was to say or who he was to give evidence against—I saw Marks give him money, but do not know what; it was silver and copper—I heard about Mrs. Newman, but did not notice what they were talking about.
The prisoner received a good character.
GUILTY .— Three Months' Imprisonment.
MR. BIRNIE Prosecuted; MR. STALLARD Defended.
SAMUEL DEACON . I am a retired Major in the Army, and live at Winniford Villa, Southampton—in March last year I saw this advertisement in the Daily Telegraph: "Secretary wanted for a club, salary 150l. with allowances, address F. X., May's Advertising Offices, Piccadilly"—I replied, and on 13th March received a letter, which I cannot find, and on 15th March came to London and saw the prisoner at the club premises, Cursitor Street—I saw the prisoner, and said that I should like to have some particulars about the club—he said "I am the proprietor; it is a proprietary club, the premises belong to the Law Chambers Company, and the rent is 400l. a year. The standing furniture, such as the large tables and carpets, I have paid 800l. for"—we went over the rooms, and he showed me the furniture—the expensive things were billiard
tables, and things of that kind, which with the pictures were included in the 800l.—I said that I would consider about it, and let him know by post—he said that there were a great many applications for the secretaryship, and mentioned clergymen's sons and persons well-to-do, and that the furniture had been valued at 1,100l.—he said he would draw up the agreement and send it to me by post, which he did on 15th March with this letter: "Dear Sir,—I enclose you a copy of the agreement about which I spoke to you to-day, which can be stamped, and then it becomes a legal document"—that is written on the inner side of the club prospectus (The agreement was to perform the duties of secretary to the club for 150l. a year and daily luncheon, on deposit of 150l., upon which 5 per cent. interest would be paid, provided the accounts were correct)—I wrote accepting the situation, and an interview was appointed, but as my little boy was at the point of death I wrote and put it off, telling him to select another candidate—he then wrote me this letter of March 22nd. (Offering to keep the appointment open for a week, as he had declined the services of several gentlemen who had applied for it.)—I afterwards saw him, and signed the agreement (produced)—it is the same as the other, except that I was to have 10s. a week more instead of lunch—I gave him a cheque for 103l., and the balance in gold—it was not my own cheque, and I do not know what became of it—he gave me this receipt for the 150l. (produced)—I parted with my money believing that he had put 800l. into the business, and that the 150l. was to secure my integrity—I commenced my duties on 17th April, and continued till 8th May—there was a clerk, who addressed envelopes—I only answered a little correspondence, nothing of any importance—I received money, and paid it, and it was duly entered in the book—the club consisted of three paying members only, and they were enrolled in my time—there were about four others, but they only put their names down on 6th May—the prisoner paid me a cheque for 14l. 10s. for a month's salary, and I cashed it—I saw Mr. Turpman on the premises several times, and found that he was secretary, and after having a conversation with him I resigned at once, and received this letter from the prisoner (Dated 9th May) accepting my resignation—I had an interview with him at Forest Hill in the presence of Mr. Hall and Mr. Roberts, when he expressed a great deal of contrition, and said that he would settle with us to-morrow and discharge us—Mr. Turpman was not present—next day I attended to receive my money, but the prisoner was not there, and at the hour appointed I received this letter by post from the prisoner (Stating that he had consulted a solicitor, who advised him not to pay the money till it became due in August, and that he must hold the witness liable for any act which necessitated the closing of the club, and was going to the North of England for a few days)—that was the last communication I received from him—I went to Bow Street, and the Magistrate granted a summons.
Cross-examined. I am Quartermaster, with the rank of captain—the prisoner did not say that he had the option of purchasing the furniture, but that he had paid 800l. for it—I may have told the Magistrate he said "staked 800l.," but I used the word "paid;" the word "staked" was when I said that he having staked so much induced me to take the situation—I did not know Mr. Watson before I entered the employment; I never saw him till between May 1st and 8th—three months' notice in writing was to be given on either side, but I resigned on finding another
secretary there—I was not paid up to 10th May, only up to 30th April—I wrote to the prisoner and told him that the landlord had put a man in: a distress; and he never appeared afterwards—the club was undergoing thorough repair, and was not finished on 31st March—a man named Sims did up the furniture—about 600 yards of kamptulicon were bought, and a secretary's desk, and a great quantity of furniture—I do not know whether it was all seized under the distress, but the man in possession would allow nothing out—a lot of wine was taken out on a cart, and put back again.
Re-examined. I said before the Magistrate "I parted with my money believing he had staked 800l."—I did not see Mr. Watson before I parted with my money—the wine and the kamptulicon came after I had parted with my money.
EDWARD TURPMAN . I now live at 8, Upper Bedford Place—I saw an advertisement in the Daily Telegraph like the other, only that the salary was 120l.—I saw the prisoner at the club premises in January or February, 1882, we discussed the question, and I agreed to accept the situation and to deposit 100l. for my fidelity, but I only paid 40l.—I entered on the situation on 11th February, and the agreement is dated March 11th—I discharged the duties of secretary daily up to May—I directed between 2,000 and 3,000 envelopes, containing the club circulars, and did all else that was required of me—I parted with my 40l. believing it was a guarantee for my fidelity—I saw Major Deacon as soon as he came on the premises, but did not have a conversation with him till May—I believe he sent in his resignation in consequence of that conversation—I then had an interview with the prisoner at Forest Hill, and said "You told Roberts the furniture was yours"—I don't think he answered—I said "It is strange you absent yourself from the club, when it is so necessary you should be there"—he said that the want of success was a disappointment to him, and he would find the money for us all next day—I did not discharge the steward's duties at the club; as far as I know there was no necessity for stewards.
Cross-examined. There was no club; there was no business—I was not engaged as canvasser—I did not take out a summons—my wages were paid regularly up to a week prior to the distress—I received 20l.—I am a week or two short—a week's notice was to terminate the appointment—I arranged to pay 100l. deposit; my paying 40l. only was the result of an interview with Mr. Watson after I had the situation—my salary was 120l.—I was secretary before Major Deacon—I entered into the prisoner's employment and received wages before I paid the 40l., but I paid 25l. on 11th February, the day I went in—I engaged one porter for the club, not more.
Re-examined. The agreement was put in at the police-court; I don't know what has became of it—the last time I saw it it was in the hands of Mr. Smyth, who defended the prisoner.
AUGUSTUS ROBERTS . I am a school teacher, of Chichester—on 14th March I advertised, offering a bonus of 50l. for a permanent situation of 30s. a week—I received this letter from the prisoner. (This was dated Imperial Club, Cursitor Street, offering an appointment on the terms named, and appointing an interview next day.) I called next day at the Imperial Club—the prisoner showed me over the promises, and I saw all the furniture, and four billiard-tables—he told me to be careful what I was
about, because there were most unscrupulous men in the City—on 4th April I called again and paid him 25l., and signed the agreement he had drawn up, and he gave me a stamped receipt for the 25l.—before I signed that several letters passed between us—they were all produced before the Magistrate—I don't know if they were all read—this is one them. (Dated, "Imperial Club, March 18, 1882," from G. Brett to the witness, stating that he was willing to accept his services at the rate of 30s. for any time he liked to name, provided he would deposit 35l. as a guarantee, which should be returned at a fortnight's notice; and that he should be glad if he would write or call at the Club on Monday at 11.) I called again on 4th April—before I signed the agreement he told me he had paid 800l. for the furniture in the club; he pointed to it and said, "You have got good security for your money"—thereupon the agreement was executed—this is the memorandum of agreement. (This appointed A.D. Roberts clerk to the secretary of the club, at 30s. a week, provided he deposited 35l. as security, which was to be returned on the termination of the engagement, deducting for any deficiencies; one month's notice on either side to terminate the engagement.) A receipt for the 35l. is attached to that—I entered on my duties the same week—I parted with my money because Brett told me he had paid 800l. for the furniture, and produced a document on which I saw written 800l.—I was there till 20th May—on 10th May he promised to come back and pay us back our deposits, but he never came back—after I entered on my duties some kamptulicon and a few chairs came into the club, but the bulk of it was there when I went in—I never received back my 35l.
Cross-examined. I received in wages 30s. a week for about five weeks—I was very willing to get a situation, and to give a bonus of 86l. for it—I should not have parted with it if I had thought it was not his furniture—nobody else was present—I looked at the furniture generally round the club—I saw no valuation, with the exception of that document, which I thought was a receipt—I don't know what it was—I gave a month's notice to leave; this is a copy of it—I produced all the letters I could find, before the Magistrate—I don't know how many there were—I declined to produce them before the Magistrate on my solicitor's advice—on 25th March two or three men were engaged at the club cleaning the floor, and the carpets were rolled up in one or two rooms—kamptulicon and some chairs and tables were brought in while I was there, but five empty rooms were not furnished—Mr. Kemp sent me to see about the handles of the doors.
ROBERT WATSON . I live at Highgate—I am secretary to the Law Courts Chambers Co., Limited, 37, Cursitor Street, Chancery Lane—the defendant took the premises of the company—the date on the agreement is 22nd February, 1882—at that time there was certain furniture on the premises—there were four billiard tables, and the agreement set forth that the rent was 400l. to 25th March, 1883; 450l. to 25th March, 1884; and 500l. to 25th March, 1885; and that the annual rent of the furniture and effects was 81l. 18s. 6d., being 10 per cent. interest on 819l., at which the furniture and effects were valued—the defendant never paid me 819l. for the furniture to become his property—there was a clause that he could do so if he wished for 819l., from which would be deducted the amount he had paid for its rent—he paid no rent, and I never received a farthing in respect of the furniture—the company is in possession now—it became vacant about June, I think—the whole thing was a failure—when the
first quarter became due we distrained for about 120l.—there was some furniture of the defendant's which realised the amount due.
Cross-examined. The rent was payable in advance, or on 25th March at any rate—he had the option of purchasing the furniture at any time before 25th March, 1883—I cannot tell when the distraint was put in—it was after Mr. Brett had gone away; I cannot say how soon after—I cannot say if at 10 o'clock on the morning of 10th May, the day on which the sale was advertised to take piece under the distress, the rent for which the distress was levied was tendered—I was present when some money was laid on the table before our solicitor, who refused to receive it as the goods had been sold by the company—I have been secretary to the company for several years—I cannot say if the sale took place before the advertised time—I never saw any advertisement or bill of sale—the matter was handed over to our brokers—I don't know if it was posted on the place; there was no bill in the secretary's room—we distrained for 120l.—100l. was due, and the other was for costs and so on—I have met Mr. Sims once—I have seen his solicitor, Mr. Webb, once or twice, about this matter—I don't know if he appeared and tendered the rent—Mr. Stallard was present one morning; I don't know if it was that morning—there were three or four interviews after and before the levy—we asked Mr. Stallard to pay it out, and he would not do so—he came with Mr. Sims's solicitor and counted out something on the table—I knew nothing of Deacon, Roberts, and Hall till Brett had gone—I saw Deacon—before Brett went into possession all negotiations for his taking these premises were made through me—I believed him; he said that Lord Justice Brett was his cousin—I made inquiries, acted on those inquiries and the statement he made that he had some few hundreds to speculate with, and accepted him as tenant—I did not refer to two tradesmen who supplied him with goods—I told them I should not like to injure any man, and I said "Take care of yourselves," and that Mr. Brett was very seldom at the club—very likely I said that I was doubtful about him—I can't say that goods of great value were sent into the club; I don't think they were a great deal more than enough to pay the rent—it was certainly not 400l. or 500l. worth—the kamptulicon cannot be taken up; it is there still—the club building was ready on 19th March, with the exception of glass to be put in—it was not because the building was not ready that I gave him another month to pay the rent due on 25th March; it was because he told me he was short of money, and would we give him time—we did not give him time—I believe Brett gave instructions to Grimshaw—I think they were not finished when he went away—when Brett applied to me about the chambers, I told him they had been a great success as a club in the past, and that years before there had been 900 members in that very building—I did not tell him I could get him 200 members—I said I would do my best to get members as soon as he had a committee appointed—I did not promise him that the directors of the Law Courts Chambers Company would become members—I did not tell him we had 60 tenants in the upstairs part of the building—I do not recollect if I said there were any—I did not promise to get him any members.
Re-examined. I did not make inquiries about his relationship with Lord Justice Brett.
a wine steward—50l. security was required, and the salary was 35s. a week—I answered the advertisement and got this reply from the prisoner, dated March 10th, Imperial Club. (This stated that if the witness would deposit 50l. as security, for which he could have a stamped agreement, it would be repaid when he left, and he could have the situation at 30s. a week, and sleeping accommodation on the premises.) In consequence of that I called on him at the club—I noticed some very fine furniture; some very large tables in the morning-room, fine mahogany tables in the dining-room, and four billiard tables and everything necessary—the prisoner said he was the sole proprietor of the club, and that he paid 800l. for the furniture—we did not conclude at that interview—I had three letters from the defendant, which I have destroyed—in one of them he stated himself to be the sole proprietor—I agreed to take the situation on 20th March—I deposited 50l.—he gave me a receipt for it—I parted with my 50l. on his telling me it would be a very good club, and that he was the sole proprietor and that he paid 800l. for furniture—I was present at the interview at the club in May between Deacon and Roberts, when he said that he would pay us back our deposits—I became wine steward—wine was sent in while I was there, about 100l. worth, I should think—I think it was not paid for—he never gave me my 50l. back—I gave up a very good situation to go to it.
Cross-examined. The prisoner told me it was going to be a good club, and that is one reason why I took the situation—he told me he was sole proprietor; that is one reason why I advanced the money—there was nobody there besides me when he said he had paid 800l. for the furniture—I am sure he did not say he had the option of buying it—he said he had paid—I was there from March 20th to 10th May—the prisoner was to and from the club during the whole of that time—he paid me my wages regularly; he did not go off as a common swindler directly he got the deposit—I was under the impression that the wine sent to him was worth 200l.—that was seized with other things to pay a distress of 120l.
THOMAS PARTRIDGE (Detective Sergeant E). On 25th January, 1883, I went to Eastbourne, and found the prisoner detained at the police-station there—I told him I was a police-officer and held a warrant for his arrest for obtaining 50l. by false pretences from Samuel Deacon in March last—he said "I have made a statement in answer to this charge"—a statement was then handed to me, and he signed it in my presence—this is it. (Read: "Eastbourne Police-office, 24th January, 1883. A statement by Gordon Steward Brett in answer to the charge. In February last I took the premises in Cursitor Street, Chancery Lane, called the Imperial Club. I engaged a secretary at a salary of 150l. a year, but to secure myself from loss through him, he receiving all subscriptions and moneys, I required a deposit from him of 150l. in cash. I also engaged a wine steward at a salary of 30s. a week, and as he would have entire charge of all wines I required a deposit from him of 50l.; also a clerk, who offered me 50l., but I accepted 25l. I had taken the premises for 7, 14, or 21 years. I laid out a great deal of money in advertising and printing, and I sent out 5,000 or 6,000 circulars soliciting barristers, lawyers, and others to become members of the club, but unfortunately only three members enrolled, and the landlord put an execution in the club, and consequently it failed, and I was not able to repay the deposits back to the several persons above mentioned. I wish to add that I regularly paid
the salaries of the respective persons up to the time the club was closed, and I did everything in my power to make it a success.—W. S. Brett.") I brought him to London—a warrant had been out—I traced him through furniture left at a railway station for him since May last, telegraphed to Eastbourne, and they took him there.
GUILTY . Strongly recommended to mercy by the Jury on the ground that the prosecutors had been very reckless, in which Major Deacon joined.— Four Months' Hard Labour.
THIRD COURT.—Saturday, March 3rd, 1883.
Before Mr. Common Serjeant.
MR. DALTON Prosecuted; MESSRS. MONTAGU WILLIAMS and PURCELL defended Johnson.
GEORGE CHITTOCK . I am a farmer of Lea Bridge Road, Leyton, Essex—I arrived in London on 5th February about 6 p.m.—I had 3 sovereigns and 50l. in receipts and 4s. or 5s. in silver and a pocket-book—I had several glasses; I do not know how I came to lose my knowledge—I drank at the Telegraph public-house in Sydney Street, Stepney—I do not remember anything more till I found myself at the police-station with my head bandaged up and a wound at the back of my head—I had had a handkerchief on my head like this produced, and this is a part of one of my cards.
Cross-examined by MR. WILLIAMS. I had come to London for several things, to sell some hay—I promised to look at a horse that had been for sale, but it was disposed of—I was in the public-house about 7 or 8—I found myself at the police-station about 3 or 4 a.m.—I did not go to a brothel—I know it because that is not my habit—I am not aware that I took off my coat to fight—I believe I missed two handkerchiefs—my receipts were deposit notes.
Cross-examined by Cole. I did not say at the police-court that I gave you a card each.
WALTER FRANKLIN CHAPPEL . I am assistant to Dr. Minchin, surgeon to the H Division of Police—I was called in to Arbour Square Police-station on the night of the 5th February—I saw the prosecutor—he had a wound on the back of his head and a good deal of bruising—he was partially drunk—he was sensible enough to know he was injured, and that I was attending him for it—he said he was sore.
JOHN LUXON . I am a carman residing at 4, Clark Street, Stepney—on 5th February, about 9.30 p.m., I was in Mr. Palmer's, the Old York Castle, Baker Street, Stepney—I saw Cole and Jackson with the prosecutor—they had a pint of mild and bitter when they came in—the landlord refused to serve them with any more—Chittock was the worse for liquor—they went out—I heard a bustle outside—when I went out I saw Cole and Johnson leaning over Chittock, who was lying on the ground—Johnson put his hand in his right-hand trousers pocket, and took out some money—it was loose in his hand—Cole said "Show me how much you have got in your hand"—Johnson opened his hand and then
put it in his pocket—the prisoners pulled Chittock's coat and guernsey off—Johnson put the guernsey up the back of his coat—Cole said "I will lay you a shilling I can carry him"—Knox and Gregory lifted the man on to Cole's back and carried him to John's Place down Clark Street—the people came out of Palmer's beershop and knocked Johnson down and held him while one or two of them went for a constable—when he got up he ran away—Cole came back about 11.45 and called for a pint of mild and bitter in at Mr. Palmer's, and said "Who's Tom Blayne in here?"—I was sitting at the end of the table—he came up to me, we had a fight, and Mr. Palmer turned us out—when I got out I saw Johnson and others with stones in their hands—they started knocking my mother and father about, and I ran in and got a poker—I made a rush at Johnson and hit him—somebody hit me in the eye with a stone—Christie took me in charge for assaulting Johnson—I was discharged at the police-station, as Johnson did not come.
Cross-examined by MR. WILLIAMS. I told the inspector of the robbery, and he went there—I have no situation—I had one three months ago—in John's Place and Clark Street there are a good many brothels—my mother and father keep one and I live with them—the robbery was about 9.30—I do not know where I hit Johnson—I saw his mouth bleeding.
ROBERT PALMER . I am the landlord of the Old York Castle public-house in Clark Street, Stepney—about 9.30 on 5th February I saw Johnson and Cole with the prosecutor—the prisoners called for a pint of mild and bitter, which they drank all but a third, which they offered to the prosecutor—they called for a pot and I refused to serve them because when I saw the old gentleman move I thought he had quite enough—they went out and were away for about two hours—Cole came back first—he said "Who's Tom Blayne, I'll give him Tom Blayne"—he fastened on to Luxon, and said "You are the one, I will pay you"—there was a scuffle in front of the bar—Cole said "I'll give it to you," or something to that effect—I got every one from the front of the bar and shut my doors—I heard a great row outside.
Cross-examined by MR. WILLIAMS. Glass in the window was broken—Luxon was not the worse for liquor.
ANNIE SMITH . I live at 4, Clark Street, Stepney, the house that is kept by Luxon—about 9.30 on 5th February I saw Johnson leaning over the prosecutor and feeling his pockets—I stood at the door and watched—Johnson pulled the prosecutor's coat off and put the prosecutor's waistcoat up his own back, and one man took his guernsey—Johnson smacked the prosecutor in the face and kicked him on the leg and back as he was lying down—Johnson said he had some money, and held his hand out—I could not see what it was—I called to the people to go for a constable, but nobody would go—I went for a policeman—I saw one when I came back—the prosecutor was in John's Place then, about twenty yards away.
Cross-examined by MR. WILLIAMS. I have lived in the same house as Luxon about four months—it is a brothel—I am a prostitute using it—Johnson felt in all the prosecutor's pockets—Jack Luxon, as we call him, was in the beerhouse next door—I think he could see—we have talked about the robbery.
—then I went round my beat—from information I got I went to John's Place—I found the prosecutor drunk—that is about 50 yards from the Old York Castle public-house.
Cross-examined by MR. WILLIAMS. I said before the Magistrate "John's Place is inhabited thoroughout by thieves and prostitutes."
JOHN MARCHANT (Policeman H 356). I was called to Clark Street about 10.30 on 5th February—I saw a disturbance outside the Old York Castle, and the prisoners there—I persuaded Cole to go away—he was fighting with Luxon—I took Cole away—I saw Johnson and Luxon fighting—Luxon had a poker in his hand; I made a rush at it, but before I could stop him he struck Johnson, and Johnson threw something at Luxon and knocked him down—his friends picked him up and took him indoors—Johnson gave Luxon in custody for an assault with a poker—I was sent by the inspector to bring Cole and Johnson—I found them in the Lord Liverpool public-house, in Clark Street, about 200 or 300 yards away from the other—this was about a quarter of an hour after the row—I took Johnson and told him inside the beershop that he would be charged with assault and robbery—he said nothing—I pointed Cole out to Maguire—I took Johnson to the station and charged him—he said he would not say anything to me—he was drunk—I searched him and found three two-shilling pieces, a shilling, two sixpences, and two pence.
Cross-examined by MR. WILLIAMS. I saw Luxon make a deliberate blow at Johnson's face—I saw Luxon's father and mother there—they made no complaint to me—the complaint was made at the station.
JOHN MAGUIRE (Policeman H 404). About 12 p.m. on 12th February, from information I received, I went to Clark Street—I traced Johnson and Cole to the Lord Liverpool public-house from a description I received—I met Marchant and Christie at the Lord Liverpool—I took Cole into custody—I told him he would be charged with robbing and assaulting; a man unknown—he, pointing to Luxon, said "That is the b—that has put you on to us, he ought to be in with us"—I took him to the station and searched him—I found 15s. in silver and 2d. in bronze, a card with the prosecutor's name on, and this handkerchief in his right-hand coat pocket—I read the card to the inspector, who said "That shows he was there"—Cole said "I was not there"—I told Cole I should take down what he said, and it might be used against him.
Cross-examined by Cole. You were the worse for liquor—Johnson was very drunk and rolled off his chair on the floor—I said "Can you account for the card being in your pocket?"—he said "You policemen have rum things in your pocket sometimes."
FREDERICK JAMES MANESFORD . I am a barman at the Three Compasses, Sydney Street, Mile End, about ten minutes' walk from the Old York Castle—on 5th February I saw Johnson between 6 and 7 p.m., and in the Three Compasses between 10 and 11 p.m., a little the worse for liquor—he gave me 3l. and asked me to mind it for him.
Cross-examined by MR. WILLIAMS. He also gave me his watch and chain to take care of—he was a little but not a great deal excited—the bar was full of people—I showed it to the people in the bar.
In the Prisoners' statements before the Magistrate, Johnson said that the prosecutor spoke to him about buying a horse, that he had one to sell, but being
too late to see it then, they went to a public-house and got drunk, and a disturbance occurred in which the prosecutor lost his money, but he had nothing to do with it. Cole said that what Johnson said was right, and that the card found in his possession was given to him by the prosecutor.
Witnesses for Johnson.
JAMES FISH . I am a cab driver and live at 22, Mount Street, Mile End Road—I know Johnson by the name of Roberts—he is a cab driver—I had a horse for sale—I sold it at 9 a.m. on 5th February—I saw Johnson at 10 o'clock that morning—I went to meet him at Mile End about the purchase of the horse; as I had sold the horse to Mr. Welstead the purchase could not come off—Johnson stopped about two hours at Mile End Gate—I had 10s. in gold and a cheque for 6l. to pay on account for the horse—Bradshaw was with us and we went to change the cheque at several public-houses with Johnson—we called a cab at 12 o'clock—Bradshaw left us at King's Cross, and I and Johnson started home in the cab—we stopped at Short's, in the Strand, and had something to drink—then we drove back to Mile End, and arrived there about 6 p.m.—we went into a coffee-shop and had something to eat—we left about 7 p.m. and went to the Telegraph public-house, where I had an appointment to pay 2l. 17s. to Alfred Giles—a conversation sprang up in the bar with the prosecutor about the horse I had sold, and the payment of the amount—I had previously bought the horse of Alfred Giles—at 8 p.m. I left the prosecutor and Johnson there—Johnson had gold in his possession when he started with me in the morning, and I saw it repeatedly through the day in his putting his hands in his pocket—he had a watch and chain.
Cross-examined. I have known Johnson about four years—I spent about 30s. and Johnson 10s. or 12s.—the general topic was on horsedealing and horses.
Re-examined. Johnson bore a good character—he was my fellow-servant in a cab yard.
GEORGE BRADSHAW . I am a cab builder, of 24, Abbey Mews, Russell Square—I was in Johnson's company three or four hours the morning he was with Mr. Fish—I met them in the Mile End Road—I went with them to various houses to change a cheque—Johnson said to Fish "Will you take my money for that horse?" Fish said "I have sold it and taken a cheque as part payment, I want to get it cashed"—I saw the prisoner had 3l. or 4l. in his pocket—he took it out for various payments—he also had a watch and chain.
Cross-examined. That was the first time I saw Johnson.
SUSAN JANE ROBERTS . I am the prisoner's mother (Johnson's)—on the morning of the day he was taken into custody I gave him 11 sovereigns—I am in the habit of minding his money—he is a cabdriver—he has a licence.
(Johnson received a good character.)
NOT GUILTY .
358. JOHN SMITH (20), CHARLES SMITH (50), CHARLES SMITH , JUN. (22), GEORGE NYE (28), WILLIAM SLADE (22), JOHN PICKTON (26), THOMAS HOBBS (31), and GEORGE MARTIN , Burglariously breaking and entering the warehouse of Thomas Foreman, and stealing 20 yards of cloth and other goods, his property. Second Count, receiving.
MR. HICKS Prosecuted; MR. THORNE COLE defended the two Charles Smith, MR. J.J. WILSON defended Pickton, and MR. BURNIE defended Slade.
THOMAS FOREMAN . I am a tailor, having a shop at 47, The Broadway, Hackney—I slept on the premises—I left them a little after 1 o'clock on the Sunday—I came back about 10.30—I found there had been a fire, and the police were there—I afterwards looked over my stock—I missed goods to the value of about 10l.—the shop was burnt out—the shutters were down and the front broken in—these coats, trousers, and other things are mine—this white vest has been burnt; the others do not seem to have been burnt—I spoke to a policeman about the things I lost.
Cross-examined by MR. COLE. The fire had been put out when I returned—the fireman had possession of the place.
GEORGE SATCHELL . I am a lathrender, of 36, Ship Lane—on Sunday night, 28th January, I was passing along the Hackney Broadway, when I saw the fire at Mr. Foreman's shop, between 9 and 10—I saw smoke coming from the top of the shutters—I saw Pickton kick the door three times with his right foot; the shutter of the door fell down, and he broke the front of the shop open with the shutter, and went in through the window—I saw him go up the stairs, and come down with two or three bundles in brown paper parcels—he went towards his home, somewhere by the side of the Duncan public; I saw him turn the corner, it is not more than 50 yards from the shop—he came back again, and with something in his arms went the same way—he said "It is a b—good job I had the things, if not they would only have been burnt"—I know Hobbs, Charles Smith the younger, and the father by sight—I did not see them there—I was there about a quarter of an hour—the fire was not out—a policeman came.
Cross-examined by MR. COLE. I believe the Charles Smiths keep a greengrocer's stall opposite the Duncan—Mrs. Smith keeps a greengrocer's shop next door to the Duncan, and I know a little more about them.
Cross-examined by MR. WILSON. I have known Pickton since I was a baby; he is my brother-in-law—I took no part in it—I thought Pickton was stealing the things—I watched him.
Cross-examined by Hobbs. I did not see you there.
Cross-examined by Martin. I did not see you there.
MARY SMITH . My name is Mary Smith Lane; I have been separated from my husband, and go now by the name of Mary Smith—I live at 34, Broadway, Hackney, opposite the prosecutor's shop—on Sunday night, 28th January, I saw a fire in Mr. Foreman's shop about 9.15—I saw that poor lad, John Smith, better known as Jack Smith, break in the front of the shop door by kicking and smashing—amongst others he broke the panels of the door, and they put their hands through and undid it—there were six there, Charlie Smith, the son, George Nye, William Slade, and Martin—I saw the old gentleman in his shed, not far from the shop—I saw John Smith throwing out goods after he broke in—Charles Smith, junior, picked the parcels up and gave them to his father at his shed, and he put them in the shed—I saw two parcels taken in this way—I ran out of my shop, near the Duncan, when I saw the fire—I saw Nye in the shop, taking out some
things—Hobbs went away and came back again—Nye went away with something, and came back empty-handed twice—he went up his own street—Slade had a roll of cloth and a coat; he went to the Market beerhouse—Martin had something in his arms like a roll of cloth—he went round his own street, opposite mine—he came back, and had a stool; he gave a desk to another man—Satchell was the third man in the fire, and he had bundles running away with—I saw him in the shop, he was the third man in the shop—it was 20 minutes before a policeman came or the fire-engines—I first told what I had seen three or four days afterwards—the prisoners live in the neighbourhood.
Cross-examined by John Smith. I did not know anything about you till you gave yourself up.
Cross-examined by MR. COLE. When John Smith spoke to me at the station I said "My lad, speak the truth, whatever it may be"—he spoke to me in the shop after he was in custody—he gave himself up at Hackney Station, and was brought to Dalston—that was not owing to any complaint of mine against him—he is no relation of mine, or of the Charles Smiths—I saw him next door to Mr. Foreman's in custody—Charles Smith, father and son, keep a greengrocer's stall near my shop—I have been there 10 years—I am living with Mr. Smith; it is his shop—I have the active management of it—our shop was open on this Sunday evening—ours is a fruiterer's shop, next door to the Lord Duncan—the Smiths have kept their stall about 18 months—I have no animosity towards them—I summoned a man named Berry for indecently exposing himself; we were bound over to keep the peace—I sought protection against my husband 10 years ago in a police-court—my daughter is bound over to keep the peace towards Charles Smith the younger—Casey has been with us eight years.
Cross-examined by Nye. You did not take up a bundle and throw it back.
Cross-examined by MR. WILSON. When I saw the shop the shutters were up—I did not see Pickton break open the shutters, nor in the shop—I went to see if the children were there—I have employed Pickton to do odd jobs.
Cross-examined by Martin. I did not see you bring the stool back again.
GEORGE CASEY . I live at 10, Duncan Square—I work for Mrs. Mary Smith—on 28th January I stood in the crowd and saw the fire and smoke—I saw John Smith burst open a door and take down a shutter, and bust them through the window—he threw out clothes, and Nye and Slade picked them up—Slade ran towards Cat and Mutton Fields—I looked on till the engines came, about three-quarters of an hour—I was near the window.
Cross-examined by MR. COLE. I knew that Mrs. Smith's daughter was bound over to keep the peace towards the Charles Smiths—I was outside the Lord Duncan when I heard the cry of fire—I was about there till it was over.
Cross-examined by Nye. You ran up the Broadway with the parcel—you had cloth, and parcels, and all—I did not say I was not going to forswear myself against the Smiths, but against you and Slade—I did not see Martin nor Pickton, nor either of the Charles Smiths, nor John Smith.
Re-examined. Some one was upstairs, I could not tell who.
went to look at the fire at Mr. Foreman's—I was about five shops off—I saw Nye—I had known him previously—he said "Here, mother; take it away"—he alluded to a bundle he carried in his hand—he came from the fire, and he went back to the same place—I said "Not for me."
Cross-examined by Nye. You did not say "Hold this for a minute," and I did not say "No, my boy; I won't have nothing to do with it"—you took the bundle back into the crowd towards the fire—when I went to get my beer I saw you go straight to the fire.
JOHN FARRIER (Policeman M 527). On 1st February John Smith came to the police-station at Hackney—he said "I have a coat and a pair of trowsers which I picked up off the footway in front of Mr. Foreman's shop in the Broadway on the occasion of the fire"—I went with him and saw Mr. Foreman, and then took him into custody—I took him to Dalston Police-station—he made a statement, in consequence of which I went with Sergeant Denman and brought the two Charles Smiths and Nye to the station—I told them there was an accusation made against them, and they must accompany me to the station—this is John Smith's statement, which was taken down and signed by him: "I went into the shop of Mr. Foreman, tailor, in the Broadway, on Sunday night last, which was on fire, and stripped the window and throwed the clothes out into the street, and Charlie Smith and his father who keeps the fish shop took them away, and George Nye, who lives down Duncan Street, had some"—Charles Smith, jun., said "It is a lie."
Cross-examined by MR. COLE. This is my evidence at the police court: "On the Thursday after the fire John Smith came to the station and said he had a coat and waistcoat that he had picked up in the footway on the night of the fire. I took him into custody, and from what he said I saw both Charles Smith and Nye and asked them to go to the station, and in their presence John Smith made a statement which was written down and signed by him, now produced, made in the presence of both Charles Smith and Nye."
HENRY JENMAN (Police Sergeant N). In consequence of hearing John Smith's communication to Farrier, I went and saw the two Charles Smiths and Nye—I found one Smith at a shop in the Broadway, one in Duncan Street, and Nye at his own place—I said to the Smiths "A statement has been made at the station respecting your having some of this property"—they both said "I will go with you to the station"—the younger Smith said "I saw a man named Pickton with some bundles under his arm, he went into Smith's gateway down Duncan Street"—he showed me the gateway—that would be Mrs. Smith's, the greengrocer's, the back of the Duncan Arms—I afterwards saw Nye—I told him what had been said about his having some of the coats; he got out of bed, put his clothes on, and went to the station—Nye said "I know nothing about it, I was in the Duncan drinking a pint of gin"—he meant with others—
afterwards when taken to the station John Smith repeated his statement in their presence—I made inquiries in the neighbourhood—I found a coat pawned by Hatchett—in consequence of those inquiries I took Hobbs into custody on 6th February—he said "I found the coat in Duncan Street and I gave it to my wife to pawn"—Pickton gave evidence at the police-court—I saw him outside the court, he said he was a witness in the fire case—the three Smiths and Nye were then in custody—this is the evidence which was taken down, I do not think it is signed: "John Pickton, of 1, Duncan Road, says as follows: Last Sunday I heard of this fire and I went to see, and I saw Charles Smith, junior, take up some clothes or something like that which was outside the shop; I said 'Turn it up,' and he went away with it. I saw Nye and the elder Charles Smith there.
Cross-examined. I did not take away three bundles to where Mrs. Smith's gate was; there was a fight over the money before he was examined—when Pickton picked Charles Smith out he said 'Why, you are the worst of all of them.'"
FREDERICK COBB (Policeman M). I took Slade into custody—I said "I shall take you into custody for being concerned with others in stealing a quantity of cloth and clothing, the property of Mr. Foreman, in the Broadway, while his shop was on fire"—he said "I know nothing about it"—I took him to the police-court—he said "All I know is I had one of the dummies, and that a little boy had."
JAMES FLETCHER (Policeman M). I was present when Pickton was examined at the police-court—I took him to the back of the court, where he identified Charles Smith, junior, who said, "Why, you are the worst of the lot of us"—he identified the other Smiths—the father said "You know you was there"—Nye made some answer and Pickton smiled; then John Smith said "Did you see me there?" and Pickton said "No"—I took Pickton into custody after he had given his evidence—I told him what it was for, and he said "Well, there is more than me in it"—I gave my evidence about half an hour afterwards.
Cross-examined by MR. COLE. Pickton was put into the dock by order of the Magistrate—I said at the police-court that Charles Smith said "You are the worst of the lot of us"—he said "You took three lots away"—a special number of police were told off from Dalston to attend the fire—the police take charge of the premises if they are not insured; if insured they leave the firemen in charge—I cannot tell you what policemen were in the neighbourhood on Sunday morning.
HENRY JENMAN (Recalled). I was at the police-station when the alarm came, and was there in about a quarter of an hour—139 M was there before me—the shutters were all down and the place ablaze—the glass was all broken, particularly by the door—the shutters were not burnt—I was in plain clothes and moved about amongst the crowd.
THOMAS BROCKWELL (Policeman). At 9 p.m. on 20th February I took Martin into custody—I told him the charge—he said "I know nothing about it"—on the way to the station he said "Who has been rucking on me?" (that means peaching) "I reckon I shall get a bolt this time"—that means five years' penal servitude—at the police-station, when Smith said what he took, Martin said "It was an old broken stool which I took home and burnt; I was not inside; Pickton was inside and throwing them out."
Cross-examined by Martin. I have since been to your house—I was told the stool was taken back the same night you got home.
Martin's Statement before the Magistrate. "I was outside the shop and I took up an old broken stool and burnt it."
Witnesses for Charles Smith, senior, and Charles Smith, junior.
RIENSI HILLIARD . I am landlord of the Lord Duncan, in the Broadway, Hackney, a full-licensed house at the corner of Duncan Street—I have been there nine months—the two Charles Smiths keep a greengrocer's stall opposite my house—on this Sunday evening, at a quarter past 9, when the fire broke out, I and Miss Lane were in my bar—the elder Charles Smith was there and the younger Charles Smith was there part of the evening—my house is 150 to 170 feet from Mr. Foreman's—the elder Charles Smith stood at the corner smoking a long clay pipe—my door at the corner faces Mr. Foreman's shop—the elder Charles Smith looked over my window—on the cry of fire the bar was almost left empty—old Smith said "Here's the engines"—my barmaid stood on the counter—old Smith said "You wear pretty stockings, miss"—I said "Now, Mr. Smith, no rude remarks"—he must have been there 25 minutes before the fire broke out till about 5 minutes to 10.
HENRY PISH . I am a hairdresser at 41, Coleman Street, Hackney—I was in my shop when I heard the cry of fire—Mr. Foreman's shop is 200 yards off—when I came up I saw people pushing things away and kicking the door open, and the shutters were falling—I stood at the corner of the Lord Duncan—from there I went home—Mrs. Smith in the fruiterer's shop said "Don't you think they set fire to that place?"—I said "I do not think so"—she said "What do you think of the robbery"—I said "I can see no robbery"—I was speaking in her shop about 20 minutes before the fire-engines came—I saw old Smith come out of the corner door of the Lord Duncan smoking a 10-inch pipe just as the engines came up—a little while after he returned into the Duncan again, and I saw young Charles Smith standing at the Duncan door six or seven minutes—I did not stay outside the place more than about two minutes; I came back again—Mrs. Smith did not say a word about Charles Smith, father or son, having taken part in the robbery.
Cross-examined. As soon as it broke out I went to the fire—I did not see any robbery—Mrs. Smith said "What do you think of the fire? don't you think they set fire to it?"
ANNIE LANE . I am barmaid at the Lord Duncan—I recollect the fire about 9.30 p.m. on Sunday—when the alarm was given old Mr. Smith was in the house—I stood on the counter—he went to the corner door, but not till the engines came—he stood inside the door.
WILLIAM STOCKER . I live at 8, Duncan Street, London Fields, close to the Lord Duncan—I was in the Lord Duncan on the night of the fire with old Mr. Smith—we went to the door to look at it, and then came back to the bar—I heard the engines come up—the old man did not go away from the place.
Cross-examined. I did not see young Charlie Smith, but I heard he was outside.
WILLIAM DRIVER . I am a wood carver, of 8, Drury Yard, Hackney Road—I was in the Duncan when the fire took place—I saw the two Charles Smiths there when I heard the alarm—when the people rushed to the door
I remained with Charles Smith, senior—his son stood on the step—the barmaid stood on the counter—I took my pot and drank my beer at the door, and Charles Smith, senior, was with me, where we could look at the fire, and the flames were half-way across the pavement—I remained till closing time in the third compartment—I saw the engines come up—after that the old man came back again and the young Smith—we were drinking four ale, and stopped till nearly a quarter to 11 o'clock.
Cross-examined. When I first saw the fire the shutters were down and the flames shooting right out.
Charles Smith (the elder), Charles Smith (the younger), Nye, Slade, and Hobbs received good characters.
In defence Hobbs said that, going home, he found a coat at 10.30 p.m., which he took home and kept till Tuesday; he pawned it to get food, as he had been out of work seven weeks. Martin said he was backwards and forwards for a week, why did not Mrs. Smith give him in charge then? When he got into a little trouble they took him.
CHARLES SMITH (the elder), CHARLES SMITH (the younger),SLADE, and
HOBBS— NOT GUILTY .
JOHN SMITH— GUILTY of burglary. Recommended to mercy on account of his youth.— Eight Days' Imprisonment.
PICKTON*— GUILTY of burglary. He also
NYE and MARTIN** GUILTY of receiving.
MARTIN PLEADED GUILTY to a conviction of felony in March, 1875, at Hampstead.— Eighteen Months' Hard Labour . NYE— Six Months' Hard Labour.
OLD COURT.—Monday, March 5th, 1883.
Before Mr. Justice North.
SIR HARDINGE S. GIFFARD, Q. C., with MESSRS. POLAND and LITTLETON Prosecuted; MR. CLUER appeared for Foote and Ramsay (only to argue any legal points); MR. HORACE AVORY for Kemp.
Before the defendants were given in charge MR. CLUER applied that the indictment might be quashed, on the ground that it was bad, in charging the three defendants together with committing one offence, whereas in fact the offence alleged was distinct in each; that it was contrary to the usual course, and that it prevented each from being a witness for the others. He relied principally on the case of Reg. v. Bolton and Parke, 12 Cox, p. 87, and also on Reg. v. Tucker, 4 Burrows, 2046, reported in Archbold, p. 47.
MR. JUSTICE NORTH could not accede to the application; the present offence was one in respect of which the defendants might very properly be jointly charged, without being prejudiced by being so charged.
ROBERT SAGAR . I am an officer in the Detective Department of the City Police—on 16th December last I went to the shop, 28, Stonecutter Street, Farringdon Street, City—it is an ordinary bookseller's shop—
"The Freethinker" was over the shop facia—I went in and purchased two copies of the Christmas number of the Freethinker—the defendant Kemp was serving—I paid him 6d. for the two numbers—these produced (marked A and B) are the numbers—I went to the shop again on 20th January and purchased two more numbers of Kemp, for which I paid him 6d.—on 31st January I went again to the shop and saw him behind the counter serving—I produce two certificates of the registration of the Freethinker. (The first was dated 2nd August, 1882, presented for registration by H.A. Kemp, 15, Harp Alley, Farringdon Street, proprietor; W. J. Ramsay, publisher, 20, Brownlow Street, Dalston; printer and publisher, H.A. Kemp. The second was dated 7th February, 1883; proprietor, G.W. Foote, 28, Stonecutter Street, journalist, residing at 9, South Crescent, Bedford Square, The Christmas number of the Freethinker (A) was put in, on the front page of which the name "G. W. Foote" appeared as editor; at the back, "Printed and published by H A. Kemp, 28, Stonecutter Street," &c. &c. Among a list of Foote's publications appeared "Blasphemy no Crime: the whole question fully treated, with special reference to the prosecution of the Freethinker."
Cross-examined by MR. AVORY. 28, Stonecutter Street is an ordinary bookseller's shop—there were many other publications of different kinds there—I did not give any idea of what purpose I wanted these things for either on the first or subsequent occasions.
Cross-examined by Foote. I had instructions from my superior, Detective Inspector McWilliam, to purchase the two numbers on the 16th December—I paid for them out of my own pocket—no one has repaid me yet; I expect to be repaid—the same gentleman sent me to make the second purchase—he did not give me the money—I had not been paid for them—I have had money for travelling expenses and serving subpoenas—I expect to be refunded for those two copies—I suppose the money will come from the City Solicitor, Sir Thomas Nelson, who is now in Court—I did not see you in the shop when I purchased the first two copies; I saw you in the shop after I purchased the second two copies, but not when I purchased them.
Cross-examined by Ramsay. You spoke to me about this case once or twice when I have seen you—I remember your remarking that the City were expending plenty of money in engaging Sir Hardinge Giffard, who would not come without a heavy fee—I don't remember saying that the City had plenty of money and would not spare it; I don't recollect it, I might have said so.
Re-examined. I was acting in this matter under Mr. McWilliam's instructions—I saw a pile of these things in the shop—it was on 20th January, after I had purchased the second copies, that I saw Mr. Foote in the shop.
JOHN LOWE . I am collector of rates for the parish of St. Bride—28, Stonecutter Street is in that parish—I produce my rate-book, showing a rate dated 5th October last year—on 7th November last year I received this cheque for 2l. 1s. 3d. in respect of that rated house; it purports to be signed W.J. Ramsay—I paid it into my bankers and it has been credited to my account.
Cross-examined by MR. AVORY. The names on the rate-book were Charles Bradlaugh and Annie Besant—the same names are still there.
Re-examined. The persons rated are the occupiers—I received this
cheque for that particular October rate; it was made for six months—the usual demand note was sent in—the 2l. 1s. 3d. was for the rate up to the end of March—when I get notice of a change of occupation I alter the rate-book.
WILLIAM JOHN NORRISH . I live at 20, Fowler Street, Camberwell Grove—I formerly lived at 28, Stonecutter Street, Farringdon Street, for about five years; it was the shop of the Freethought Publishing Company—at the commencement of October last that company was removed to Fleet Street—they vacated at the Michaelmas quarter—I was in the service of Mr. Bradlaugh and Mrs. Annie Besant; they represented the Freethought Publishing Company—up to that time Mr. Ramsay had been the manager of that company, and he was from day to day at the shop 28, Stonecutter Street—the Freethinker was sold there, but not by the Freethought Publishing Company—I decline to answer whether I used to sell it, or whether I have seen it sold in the shop, in case it might lead to a criminal information against me—I was not employed at all by Mr. Ramsay—I ceased to live at 28, Stonecutter Street when the Freethought Publishing Company removed to Fleet Street—I know Mr. Foote, he called in occasionally at Stonecutter Street when I was living there—if Mr. Ramsay and I were there he has seen us—Mr. Ramsay would be there at times attending to the business—I did not know where Mr. Foote lived—I know Mr. Kemp slightly—I don't know what he is by trade—I believe this cheque to be in the handwriting of Mr. Ramsay; I have no doubt of it—I should say this was his writing. (The name and address in the bank-book.) I should say the filling up of these registration forms are his writing—I am not sufficiently acquainted with Mr. Kemp's handwriting to speak to it—I have known him eighteen months or two years—I meet him occasionally—this "H. A. Kemp, 15, Harp Alley, Farringdon Street," on this second registration form may be his, I can't say for certain, to the best of my belief it is.
Cross-examined by MR. AVORY. I was at Stonecutter Street as a weekly servant to the Freethought Publishing Company at a weekly salary—I simply acted as shopman, under orders in everything I did—there was no facility there for printing—no printing was done there.
Cross-examined by Foote. I have seen you at Stonecutter Street only occasionally—the Freethinker had been sold there for some considerable time before I shifted into the employment of the Freethought Publishing Company—I did not see you often there during the period it was so sold—I never saw you transact any business there; I had no reason whatever to suppose that you transacted business there.
Cross-examined by Ramsay. You were manager of the Freethought Publishing Company up to the time they left Stonecutter Street, and when they shifted to Fleet Street—you are manager there still—you removed to Fleet Street in consequence of requiring larger premises—you were not entirely employed at Fleet Street in managing the business of the company.
Re-examined. When Mr. Foote came to Stonecutter Street I fancy he would sometimes visit my own apartments—Mr. Ramsay would sometimes be in the shop, and sometimes in the other parts of the house.
JAMES BARBER . I am Assistant-Registrar in the Newspaper Registration Office, Somerset House—I produce the original registers of the proprietors of the Freethinker under the statute—this one of 7th February,
1883, was made in my presence by Mr. Foote and Mr. Ramsay together; they were both present—Mr. Foote wrote it; it is all the same writing; I saw him write it.
WILLIAM OLDHAMPSTEAD (City Detective). I know the shop 28, Stonecutter Street, and I know the present office of the Freethought Publishing Company in Fleet Street; they are not more than five minutes' walk apart—on 16th February I purchased this weekly number of the Free-thinker, dated 18th February, at 28, Stonecutter Street, of defendant Kemp—I made a note of the date at the time I bought it—it is a Sunday newspaper; you can get them on the Thursday, dated up to the Sunday following. (This stated that the Christmas number of the Freethinker had had an unprecedented sale, that they had spent lavishly on the Christmas number in order to carry their views far and wide, and were out of pocket by it.) I served a notice to produce, of which this is a copy, on the defendant Foote, by leaving it at No. 9, South Crescent, Bedford Square, on 27th February—at that time he had been admitted to bail by the Lord Mayor.
Cross-examined by Foote. I left the notice with the servant, Mary Finter, I did not see you at the time—I have been buying some numbers of the papers; I was told to do so by my inspector, Mr. McWilliam—he did not give me the money to purchase them, I don't expect that he will; I expect to be repaid by the City Solicitor.
Cross-examined by Ramsay. I have no idea where the funds for this prosecution are coming from, no further than from the City Solicitor—I cannot say whether he is finding it out of his own pocket, I have no idea.
SARAH CURLE . I am the wife of Alfred Curle, and live at 9, South Crescent, Bedford Square—Mr. Foote has lodged with me about three years—my servant, Mary Finter, waits on him—I occasionally go into his room, very seldom—he has lived there down to the present time, and does so still—I could not swear that I have seen the Christmas number of the Freethinker in his room, I do not notice any particular book in his room—I may have seen it—I could not swear if I have seen a number of the Freethinker without the yellow cover; I have seen divers coloured books there; I could not swear to one book in particular—I have seen this cover, or the colour of it, not containing a number of the Freethinker to my knowlenge—I may have seen copies of the Freethinker in his room, I have no doubt that I have—I could not swear to one in particular; I never examined any books in his room.
MARY FINTER . I am in the service of Mrs. Curle at 9, South Crescent, Bedford Square, and have been for fifteen months; during that time Mr. Foote has lodged there—I used to wait upon him and do his rooms—I have not seen the Christmas number of the Freethinker in his room. (MR. POLAND, in accordance with the notice to produce, called for the production of all letters and papers addressed to Foote relating to the Freethinker, and all letters and envelopes describing him as the editor of the Freethinker.
MR. CLUER objected that the notice was not sufficient in itself and that the service of it was too late, and was not proved to have reached the defendant. MR. JUSTICE NORTH did not think the service proved was sufficient.) The defendant was living at this address last week—I can't say that he slept there every night—he was there every day—when papers are left for him I take them up and put them in his room—I remember Oldhampstead
giving me a paper last week—I took it up into Mr. Foote's room—he slept at the house on the Wednesday night before the trial last week—I put the paper in his room directly it was given to me about half-past 5 in the afternoon—I don't think he slept in the house on the Tuesday night. (MR. CLUER still objected to the evidence, but MR. JUSTICE NORTH considered it was now admissible, the witness being the person who waited upon him, and it not appearing that he had a Separate servant of his own.) There is a letter-box to the house—I generally take out the letters in the morning—letters addressed to Mr. Foote I put on the hall table—his rooms are at the top of the house, the third floor—some of the letters were addressed to Mr. G.W. Foote, 9, South Crescent, Bedford Square, very seldom as editor of the Freethinker; some were, but very seldom; I have only seen letters addressed to him in that way since the first trial.
Cross-examined by Foote. I cannot say that I have seen more than one copy of the Christmas number of the Freethinker in your room, I don't believe I have—I see papers of all shapes and all colours in your room—I never saw an envelope with the words "Editor of the Christmas number of the Freethinker" on it—I could not say that I saw any envelope or letter addressed as editor of the Freethinker between 16th November and 16th December—I have seen an envelope addressed "G. W. Foote, editor of the Freethinker," but very seldom—I can't say if I saw you between the time I received the notice paper and the following morning—you might have been there but I did not see you—I answer the door.
Re-examined. The lodgers have keys to let themselves in—Mr. Foote had a latch-key.
THOMAS WILLIAM JAMES ALFORD . I am a letter carrier—for the last eight years I have delivered letters at 9; South Crescent, Bedford Square—I have delivered letters there directed to G.W. Foote for the last year or two—some have been addressed G.W. Foote, Esq., editor of the Freethinker—I have here a memorandum which I made since Christmas—I can give no dates prior to that—I have seen letters so addressed before Christmas, I may say months before—I have also delivered newspapers so directed—I have delivered letters so addressed since Christmas, up to last Saturday week.
Cross-examined by Foote. I have no memorandum before Christmas—Oldhampstead served me with a subpoena—I had seen him before that—I had no conversation with him about this prosecution, not by himself, he called at our district post-office in Holborn, and I was called upstairs by the district postmaster, who asked me if I had had letters addressed to G.W. Foote, at 9, South Crescent—I don't think he asked me if I had had letters addressed to the editor of the Freethinker—this interview took place about a month back—I had had no conversation with anybody about this prosecution before that—I was instructed by my superior officer to make a memorandum as to the delivery of letters about a month ago.
By the COURT. I have my memorandum book here—I made the first memorandum about 10th February.
THOMAS CAMPBELL . I am a letter-carrier, and live at 84, Gower Place, Gower Street—I have been in the habit of delivering letters at 9, South Crescent, Bedford Square—I have been on duty there for 18 years—during the last year I have noticed how some of the letters I left there were addressed—some were addressed "G. W. Foote Esq., 9, South
Crescent, Bedford Square, some Mr. G.W. Foote, Editor of the Free-thinker, and some G.W. Foote Esq.—I noticed letters so addressed for several months past—I put them in the letter-box in the door—I remember on one occasion about three or four months ago, having a packet that was too big for the letter-box, and I rang the bell and gave it to the servant—that bore on it as part of the address "Editor of the Freethinker"—I don't know whether it had Mr. Foote's name on it or not.
Cross-examined by Foote. Since I saw the detective, Oldhampstead, I have made memorandums of the delivery of letters addressed to you—that was, I believe, on the 9th of last month; the first memorandum I took was on the 10th—I have often delivered letters addressed to the Editor of the Freethinker, but I can only recollect delivering one package, that was about three or four months ago, it might be longer—I cannot swear that I delivered any letter or package addressed to the Editor of the Freethinker between 16th November and 16th December; I should be surprised to learn I had not, because my belief is that I have delivered letters to you so addressed pretty well every week; I could not swear as to that interval—the 9th February was the first time I had any conversation on this subject—I have not been paid anything for coming here to-day—I expect to be paid my expenses, it has cost me 6s. a day to get off—I received half a crown on the night the subpoena was served, nothing else.
WILLIAM LOY (City Policeman 495). I know the three defendants—I last saw Kemp at 28, Stonecutter Street on Wednesday last, Foote on 16th February, and Ramsay on Tuesday or Wednesday last—I have seen Kemp there for some months, Foote for four or five months, and Ramsay for the last two years.
Cross-examined by MR. AVORY. I have seen Kemp behind the counter acting as shopman and serving the customers—I have been on duty at 6 a.m. and have seen the shop opened—I never saw Kemp open it—I have seen a boy close it several times—no one slept there—I have seen persons served with papers and books—it is four or five months since I first saw Kemp there.
Cross-examined by Foote. I have seen you there four or five times—the earliest day I can fix is January 21st, but I have seen you there for four or five months—I told the Magistrate four or five times; I may have said three or four—the last time was February 16th—I have not seen you transacting what looked like business, but I saw you go in and come out.
Cross-examined by Ramsey. A number of books and papers are sold there—I have seen you go in and out—Detective Sagar spoke to me three or four days before the first hearing, and said "Just take notice who you see going in and coming out of 28, Stonecutter Street"—he may have said that I was to take notice as to Ramsey going in and out, but I don't remember, nor do I remember saying so before the Magistrate.
JOHN EDWARD KELLAND . I am a solicitor's clerk, and live at 19, Peabody Square, Westminster—during the last year I have often been to 28, Stonecutter Street and bought the weekly numbers of the Freethinker—I have seen all three of the defendants there—I usually made the purchases of Ramsay up to July, when I gave evidence at the Mansion House against him and Foote and Charles Bradlaugh—all these numbers produced were bought of Ramsay and given in evidence, and attention was called to the fact that they are edited by G.W. Foote,
and also to the fact of the heading for literary correspondence to be forward to the editor; and the statement at the end "Printed and published by W.J. Ramsay, 28, Stonecutter Street"—the first date of these is 24th March, 1882, and the last 18th June, 1882; some numbers are missing—after July I bought various other numbers there, most of them of Kemp—they run on every week, and early in December the Christmas number of the Freethinker is advertised—the earliest one is December 3rd: "Ready next week, the Christmas number of the Freethinker "—at the end of that here is "Printed and published by H. A. Kemp, 28, Stonecutter Street"—they have all Foote's name on them as editor, 9, South Crescent, Bedford Square—the number of Dec. 30 has the advertisement of the Christmas number, "now ready"—I saw Foote at 28, Stonecutter Street, on 28th February, not before.
Cross-examined by MR. AVORY. I can't say the earliest date I saw Foote there, but it was after the first prosecution at the Mansion House—my first purchase of Kemp was before the prosecution—I was conducting the prosecution in July and am now—I also asked Kemp for the National Reformer—I saw a number of other books and publications there.
Cross-examined by Foote. I did not buy this Christmas number in your presence—these numbers of the Freethinker have been in the custody of the solicitor for the prosecution—this is my signature on them; I put it on at the time of the purchase, not at the shop, but in the office—I am clerk to Messrs. Batten; they are solicitors to Sir Henry Tyler—the firm gave me the money to buy these numbers—I don't know whether Sir Henry Tyler pays for them—my employers did not tender them to Mr. Poland; I was subpeonaed to produce them—Sir Thomas Nelson may have written to the firm—I don't know whether I shall get any extra payment for this case—I expect to be treated liberally.
Cross-examined by Ramsay. I bought the copies in July, chiefly of you—you were in the habit of serving behind the counter—I don't think I have bought any of you since July.
Re-examined. My examination in July related to some of the weekly numbers—my depositions were taken and I signed them—I was called more than once, and my depositions were taken each time—in each case I attended on subpoena, which was served in the regular way, and I was asked to produce these numbers.
MR. CLUER submitted that there was no evidence against Ramsay on any of the counts. It was not proved that he was the proprietor after 7th February, 1882, so as to connect him with the Christmas number.
The COURT considered that there was ample evidence of publication.
MR. CLUER further contended that the prosecution must elect against which of the defendants they would proceed, as they ought to have been separately charged; the defendants being charged jointly, the offence must be proved jointly, and no joint offence against the three defendants had been proved.
MR. JUSTICE NORTH said that the case must go to the Jury, and declined to reserve the point.
Foote in his defence complained of the hardship of not having been admitted to bail on Thursday last, from which he had not only suffered considerably, but had been prevented from preparing his defence, which he had to do alone against three learned Counsel, backed by the wealth of the Corporation of London, who he thanked for the splendid advertisement which
their prosecution of the Freethinker had given to it, and contended that there was no proof that he was the editor; and as to the publication itself no witness had been called to say that his feelings had been outraged by it; that it had not been forced on any one, and no one need have bought it who did not want it. He quoted largely from the works of Payne, Carlisle, Shelley, Byron, Professors Huxley and Tyndall, J.S. Mill, and others, whose works are still freely sold, and contended that if the Freethinker was blasphemous those works were blasphemous also, and that Christianity, like every other religion, ought to take its chance of success without having to depend, upon law and police.
Ramsey in his defence also complained of the harshness of his imprisonment, having hitherto surrendered to his bail. He begged the Jury by their verdict to render obsolete the barbarous laws of former times; he stated that the meaning of the word blasphemy had greatly changed during the last 250 years; at that time Quakers were blasphemers, and were flogged at the cart's tail, but now one was allowed a seat in the Cabinet. He contended that the publication in question was only, as its name implied, a free expression of opinions.
GUILTY. FOOTE— Twelve Months' Imprisonment . RAMSAY— Nine Months' Imprisonment . KEMP— Three Months' Imprisonment.
For case tried in New Court on Monday, see Essex Cases.
Before Mr. Justice North.
MR. LILLEY Prosecuted; MR. GRUBBE Defended.
THOMAS HALL . I am a labourer, and live at Barking—on Sunday evening, 21st January, about 10.30, I was walking in the Barking Road, and met the prisoners—Newton said "Here, old chap, give us a shilling"—I said "I have not got one, and if I had I should not give it you"—Webb then stepped forward, took off his coat, and said "Can you fight?"—I said "No"—he started sparring at me, and I walked backwards—Newton struck at me with something that looked like a big stick, and said he would blow my brains out—I turned round and ran away for about 25 yards—I then stopped, and turned round to see if I could see them—I could not see anything of them, but I heard the report of a gun—the firing came from the direction of the East Ham Road, the same direction in which I had left the prisoners—one shot hit me on the little finger on the loft hand, one hit and went into the right knee, and another went through my cap—I have the shot here—I stopped for a minute, and then ran towards where the prisoners were, but I could not find them—I went a bit farther, and three or four minutes after I saw Police-constable Cox—I gave him information of what had happened—we both proceeded to endeavour to find the prisoners—we did not find them—I walked round two or three fields with Cox, and then we went to East Ham Point, where the policeman stands—about 2 next morning I saw the two prisoners in the police-station at Barking—I identified them—while conversing with them I was sufficiently near to see their features—I did not hear what they said at the station—Newton had a cheese-cutter hat on, a round
cap with a square peak to it—the other had a round hard hat—I saw a doctor about three in the afternoon—I have been under medical treatment ever since—I was sober.
Cross-examined. I had never seen these men before—it was rather a dark night, there were clouds coming over—I could not say whether it was raining or not—it was about half-past 10 that the shot was fired—I live near the place—I do not know that a great many men go out shooting on the marshes, after the plover—I have never carried a gun in my life—I have heard shots—I cannot say if on Sunday 20 or 30 men go on to the marshes to shoot plover—there are marshes running towards Beckton, about one and a half miles from where I was shot—I ran along till I met Cox—that was two or three minutes afterwards—I told him I had been shot, and accompanied him round the fields—I knew the prisoners again by their appearance, by their hats, coats, and whiskers—I knew Webb by his moustache, he had no whiskers when he was taken into custody—I said at the station I recognised him by his moustache—Newton struck at me with something; it was too dark for me to see what it was—he did not hit me—one shot went in at the side of my knee—it was taken out, and the policeman had it—this is it (produced), he gave it to me this morning.
Re-examined. I have not heard of shooting taking place on the marshes; I never saw any—I have heard guns fired there—I have lived in the neighbourhood for six years.
FREDERICK COX (Policeman K 345). At half-past 10 on Sunday night, 21st January, I was on duty in the Barking Road, East Ham—I saw a flash of light, and heard the report of some fire-arm in the direction of Barking—the Barking Road leads up to Barking within 200 yards of Barking Lane—I continued on duty in the same locality—I heard a second report about half an hour after the first; but previous to that I went in the direction in which I heard the first report—I heard some men going across some building land—I went in that direction, and heard some one running along the road—I went into the road again, and found it was the prosecutor—he made a complaint to me, and gave me some information, in consequence of which I asked him to accompany me across the fields in search of them—he went with me—we came back into the Barking Road—I then told him he had better go to the police-station, and he left me to go there—about 5 minutes after I heard the second report—I got Josept Taylor to accompany me across some fields, and we came up with the two prisoners in the White Horse Lane—they were both loading their guns, ramming the charge with the ramrods—they both had doublebarrelled guns—I asked them what they were out discharging firearms for at that time of night—Newton replied "We are only having a bit of sport"—I told them a man had been to me and complained of being shot, and did they know anything about it—they both said "We know nothing about it"—I told them they had better accompany me to the corner of the lane—they said they would not—I took Webb's gun away from him—I was in uniform—Taylor is a farm labourer—I told Taylor if he could to take the gun away from Newton—he attempted to close with him and do so, when Newton said "If you touch it I will put the but into you" or "strike you across the head," or something similar to that—they both refused to go to the police-station—I detained them for 10 minutes, and then I allowed them to pass on through the lane, directing them through
there as the best way home—George Taylor, 433 K, came up, and we went after them again, and came up to them just at the corner of White Horse Lane, in the Barking Road—I told them then that I should take them into custody for demanding money and shooting a man in the Barking Road—we took them along the Barking Road till we got within 200 yards of Barking Lane, when the prosecutor came up, and he at once identified them—when the charge was read to them at the station Newton replied "I did not want any money from the young man"—they were searched at the station—each carried a double-barrelled gun, with a gunstop in their pockets, and each had a flask containing powder and shot, several wads, and caps—the charges were withdrawn from the guns on the following morning by Cook, 422 K.
Cross-examined. I was not present, nor was the Inspector—they were drawn in front of the prisoners, I believe—I have been five years in this district; I know it well—the marshes are down by the river—I have never shot there myself—I hear a good many guns going off at times—I have seen ducks shot there—I cannot say if the best time for shooting duck is at dusk—I am aware that dozens of men go down to shoot on these marshes, especially on Sunday—I wanted these men to give up their guns; they were very indignant at my asking for them, and declined to give them—one of them said "We have been having a little sport"—neither of them said they had been shooting in the marshes all day; they did not say when they came out shooting—I have not made any inquiry about them myself; I believe some one is here who has; I have not ascertained where they live—I did not see either of these men with a stick; none was taken from them—I had never seen Webb before to my knowledge.
Re-examined. The marshes across from the Barking Road would be about a mile or a mile and a half—it does not commence till you get to the outfall, and runs from there to Tilbury right alongside the water—I have never known shooting on the marsh so late as half-past 10 at night—it was dark about half-past 10, there were some very heavy clouds about—it was not raining; the clouds passed off, and there was a beautiful moon about half an hour afterwards.
By the COURT. It was a bright moon, I think a full moon; I know it came out as we were crossing the fields, so that we could very comfortably see our way across—I should think the second shot I heard was about a mile from the first—I have heard shooting within about 100 yards of the roadway where I heard the first report in the adjoining fields.
JOSEPH TAYLOR . I am a labourer—on Sunday night, 21st January, I joined Cox about a quarter to 11—I heard one report of firearms from the direction of the White Horse Lane; I had heard one before, about half-past 10—I and Cox made across the fields to White Horse Lane, and we saw these two men both loading their guns—I can swear to Newton—Cox went up to Webb, taking his gun away, and halloaed back to me to try to get Newton's—I tried; I did not succeed—Newton said to me "If you touch my gun I shall hit you across the head with the butt end—we detained them in the lane for about 10 minutes till we got some more help from constable Taylor.
Cross-examined. It was moonlight after 11 I believe—I do not swear to Webb; I did not know so much about Webb till I saw them at the station that night—Cox spoke first when we came up to them, and went
towards Newton—I did not hear any conversation till he called out to me to take Newton's gun—I asked Newton civilly for it—I don't know that I was surprised he did not give it me, it was not as if I was a policeman—I heard Cox ask Webb for his licence; he produced it—I did not hear any talk about where they had been all day—I do not know where they lived—I have never shot in these marshes, I have not got a licence.
Re-examined. We got to the police-station with the prisoners about half-past 1 or a quarter to 2, as near as I can tell.
By the COURT. I saw the prosecutor when we brought the prisoners down, about a quarter of a mile off, about a place called Wall End, in Barking—he was coming down the road with another constable.
GEORGE TAYLOR (Policeman K 433). I am stationed at Barking—on the night of 21st January I was on duty in the Mount Road, East Ham—I know the Barking Road; it is occupied by houses on both sides of the way—I heard one report of firearms about half-past 10—later on, about 11, I heard another report from the direction of White Horse Lane—I went to that road and met somebody who gave me some information—I went on farther and obtained further information, and ultimately I arrived at White Horse Lane, when I met Cox and Joseph Taylor—they made a communication to me, and Cox and I went in pursuit—we came up with the two prisoners in the Barking Road; they were walking along the side of the road with their guns unstocked and in their pockets—I said to Webb "What have you there in your pockets?" he replied "Nothing much, only a gun"—I said "I shall take you into custody for shooting at a man in the Barking Road"—with the assistance of Cox I took the prisoners to the station—I saw the prosecutor when near the station; he came up and looked at Webb, who I had in custody, and walked back to the other prisoner—I did not hear him say anything—Cox had Newton in custody behind me, about four or five yards off—at the station they were charged; Newton replied "I did not want any money from the young man."
Cross-examined. I was present when the charges were drawn from the guns by another constable, Cook—I did not hear the inspector ask him a question—the inspector is not here—I did not hear a remark about Webb's gun—I had never seen either of these men before as far as I know—I know where they live—I have not made any inquiries about whether they were in the habit of shooting down in these marshes—inquiry has been made about Webb—I have not made it—I have been in this district about two years and a half.
HENRY COOK (Policeman K 422). I saw the prisoners at the station at 6 o'clock on Monday morning, the 22nd—in consequence of directions I examined the guns, which I produce, and I drew the charges—I ascertained to whom the guns belonged—both barrels of Webb's guns were loaded with powder and shot—I drew the charge, and made the remark to him that the gun was very foul; it had been recently discharged and loaded again—the left barrel of Newton's was charged with powder and shot, the right with powder and wad—I said to Newton "Your gun is very, foul, it has recently been discharged and reloaded again"—he made no reply—I have served in the army and understand the use of firearms—the shot in this pill-box is No. 2, I should think—those in Webb's gun were No. 2; those in Newton's Nos. 4 and 6, a mixture.
Cross-examined. Inspector Jeffries and the, last witness Taylor were
present when I drew the charge—Taylor might have heard what passed—I heard him say he did not, that is not true—the remark was made when Taylor was there—I have been nearly 14 years in the district—I do not know these men by sight, or where they live—I do not know that Webb is a painter with 15 years' character—I have not inquired about them, I know nothing of them.
SAMUEL LEA . M.R.C.S. I practise at Barking—I was called to attend the prosecutor on Monday, 22nd January—I found him suffering from a wound near the right knee joint, and also a wound of the left little finger—I probed the wound in the knee and failed to find the presence of any shot in the wound—inflammation supervened, and about a fortnight after I was able to discover the presence of a shot, and I extracted it—I requested the prosecutor to put the shot into a box and keep it—he is suffering in some degree from the wound in the knee to the present time—the wound in the finger resulted probably from a gun-shot—I did not find any shot there.
Cross-examined. He is better, and in a fair way of recovery.
HENRY COOK (Re-examined). I had charge of the pill-box with the small shot in it—I received it from the prosecutor, and it had been in my possession ever since until I handed it back to the prosecutor this morning—the prisoners and the inspector were present when the charges were withdrawn—the inspector did not ask me if Webb's gun looked as if it had been recently fired—I did not reply "Webb's gun looks as if it had not been recently fired."
GUILTY of unlawfully wounding . WEBB, who received a good character— Two Months' Hard Labour . NEWTON**— Four Months' Hard Labour.
Before Mr. Common Serjeant.
MR. COHEN Prosecuted; MR. FULTON Defended.
FRANK STONE . I am the manager of the Temperance and General Advance and Investment Company—it is an incorporated company—their offices are at 202, Bishopsgate Street—on 7th August last the defendant called at the office and said "I require an advance of 30l."—I said "What security have you to offer?"—he said "The security of my furniture"—I said "By bill of sale?"—he said "Yes"—I said "I cannot give you any answer until I have seen the furniture, I will do so the evening of the day after to-morrow"—two days afterwards I called at the defendant's house, 23, Wingfield Road, Leytonstone—he showed me through various rooms and pointed out the furniture—I said "Is all the furniture in these rooms absolutely your own and free from incumbrances?"—he answered "Yes"—I then said "Is any of the furniture on hire?"—he said "No, with the exception of a sewing machine which I have had from Messrs. Davis"—I said "Have you a marriage settlement?"—he replied "No"—I then handed him our ordinary form of application to fill up, and I saw him sign—in consequence of that I instructed the solicitor to fill up a bill of sale—30l. was advanced by cheque—two instalments were paid—on the third coming due the defendant called and said "I am unable to meet the instalment due to-day, will you kindly allow it to stand over for a fortnight or three weeks?"—I said "Yes"—that was on 1st November—he called again in a few days
and said "Will you advance me a further sum of 10l. upon the security you now hold?"—I said "In the face of an instalment being already overdue I cannot do so, but I will not press you for payment of the instalment for a week or so"—I received no more money—I entered into possession—on 18th December I received a letter, and in consequence of an interview with Mr. McCandlish I had to give up the furniture—I issued a writ on 18th December in civil proceedings—he had given me a promissory note—it is the usual custom to take one—at the time civil proceedings were taken I was not aware the furniture was on hire.
Cross-examined. Any one who belongs to a Temperance Society can apply for a loan in the temperance section at a less rate of interest—the prisoner had three rooms—the house was a six-roomed house, apparently belonging to two families—he gave me the name of his firm where he had been employed fifteen years—I never interfere with a man's business, I have been told the prisoner has an irreproachable character—the bill of sale comprised a few paltry articles not mentioned in the inventory—my attention was called to that at the police-court—I took an absolute bill of sale of everything on the prisoner's premises—he owed Mr. McCandlish about 23l.—the amount was repayable by twelve monthly instalments of 3 guineas each—the furniture was of the value of about the amount advanced—we frequently advance to that amount.
GEORGE FREDERICK BELL . I am the solicitor to the prosecuting company—on 18th August last I attested a bill of sale—before the execution I read it over to the prisoner and explained it in the usual way—I asked him if the furniture was his own and if it was free from incumbrances, and he said "Yes."
Cross-examined. I saw the promissory note—it was a joint and several promissory note of himself and his brother.
ALEXANDER MCCANDLISH . I am a house furnisher—I lent some goods to the defendant upon the agreement produced of 5th July, 1882—the signature is the defendant's—on 7th August, 1882, 17l. 15s. 4d. was due from the prisoner to me on the hiring agreement—in December I found the goods had been seized under a bill of sale—I gave notice to the holder that part of those goods at all events belonged to me—in consequence of that they were given up to me—part of those goods were let to the prisoner under the agreement—the value of the furniture in the schedule was 23l. 18s.
Cross-examined by the Prisoner. You had the first lot of goods in April, 1881, and the last were delivered in March, 1882—there were nine deliveries between April, 1881, and March, 1882—he had been paying monthly for them—the agreement setting out that the furniture was on hire was not entered into till 5th July, 1882—I cannot swear whether there is a word about hire on the receipts. (The witness's deposition being read, stated: "I never gave the prisoner a receipt for payments on account of these goods with the word 'hire' in it.") That is my signature—that must be so, I was considering the first lot of goods—no doubt I said it—I call my system the easy purchase system—it is unusual to supply furniture upon the hire system without an agreement—the schedule was added when the agreement was drawn up—in my first examination before the Magistrate I was not sure of that—I said several months might have elapsed before the schedule was added—the clerk called my attention to that statement once or twice—the second
occasion I corrected it and said the schedule must have been added at the same time—my accounts are not confused, but it does not show the balance till you reckon up the cash—I know Rolfe has been employed by Homer and Sons for a great many years—he is respectable—he has no family—the 5th July, 1882, was the date on which the first transaction was finished—I promised him I would allow him anything he required during the time the first loan was being paid, and he promised to enter into an agreement at the termination of the time—there is another agreement for goods to the amount of 18l. 1s. 10d.—this is the agreement produced.
NOT GUILTY .
MR. FULTON Prosecuted.
ELIZABETH CHEEK . On Saturday, 27th January, about 9.45 p.m., I was standing inside a fish shop at Stratford with my mother waiting for fish—the prisoners came between me and my mother—Harris took hold of my arm and struck me in the mouth—I did nothing—he hit me again and snatched my basket and threw it into the road, then he ran away—this is the basket—I missed my purse with three sixpences and a penny, which was in the basket—I picked up my basket and ran after him and Bibbing down the street—Harris stopped at the corner and struck me in the side—a constable came up and I gave him in charge—going along in charge of the constable he struck me in the eye—I charged him with stealing my purse—he said "Thank you."
BARBARA PARKING . I was with my daughter at this fish shop—Bibbing stood just inside the shop; Harris went to the far end between me and my daughter—he took my daughter by the arm and struck her in the mouth—I said "You vagabond, what have you done that for?"—he struck her again and took her basket—as I held him Bibbing struck me in the mouth—he ran out of the shop with Bibbing—my daughter picked up her basket and chased Harris, and I ran after Bibbing, who went into a house—I heard my daughter scream and halloa "Mother!"—I was present when Harris was charged.
JOHN MCCARDLE (Policeman K 60). I took Harris into custody—Cheek charged him with striking her and stealing from her 1s. 7d.—when given into custody I said "You hear the charge. I shall have to take you to the station"—he said nothing—on the way to the station he struck Mrs. Cheek in the eye—when the charge was read over to him at the station he said "Thank you"—Bibbing escaped; I took him afterwards—I charged him with robbing and assaulting two women—he said "All right; I was there"—he was rather hard of hearing.
Prisoners' Statements before the Magistrate. Harris said: "When I went into the shop the young woman was having a row. She turned round and tore my jacket, and as I was going out she called out 'Police!' and accused me of stealing her purse." Bibbing said: "I have nothing to say."
Harris's Defence. I showed the constable my coat; it was torn right down.
MR. FULTON Prosecuted.
BARBARA PARKING repeated her evidence, and added: I missed 3s. 6d.—it was in a purse in my pocket—I had seen it as I went in the shop—I had my hand in my pocket—I went to put my hand in my pocket, and said "Oh, my purse is gone!"—I told the constable, and he said "You had better come to the station"—Harris is the man that stood beside me.
NOT GUILTY .
PLEADED GUILTY to a conviction of felony at the Thames Police-court in November, 1881.
There was also an indictment against the prisoners for assaulting the same persons, to which they
PLEADED GUILTY. Judgment respited.
Before Mr. Recorder.
MR. FULTON Prosecuted.
HENRY WATSON . I live at Forest Gate, and am a cheesemonger—I have known the prisoner about 18 months—on Saturday evening, 21st October, he called and asked me if I would cash him a cheque—I asked him who for—he said "The same gentleman I had done it for formerly, the name of Bishop"—I had cashed two cheques for him before signed by Bishop—they had been duly honoured—I agreed to do so, and he then handed me this cheque (produced). (The whole of this cheque was written; it was for 6l. 10s., and signed Henry Bishop, and was on the London and County Bank.) The other cheques I had changed for him were on regular forms of cheques printed in the usual way—I gave him the 6l. 10s., and he went away—passed the cheque away to a wholesale house in the course of business—it subsequently came back to me with the memorandum on it, "No account, not known at the London and County Bank, Southwark, Blackfriars, Newington, or Lambeth"—I saw the prisoner on the Friday morning after I received this back on the Thursday; I told him the cheque had come back, and showed it to him—he said he felt quite surprised at it, but he would see Mr. Bishop and see to it—I did not communicate with Mr. Bishop; I did not know where to find him—I first ascertained who Mr. Bishop was about a month or five weeks ago—I know the prisoner's writing; I have had various notes from him—this letter of 27th October, 1882, I received from him; it is his handwriting—I have not particularly compared the writing, but I noticed the handwriting of the cheque to be exactly the same as the letter—I subsequently found out Mr. Bishop, and the prisoner was given into custody.
Cross-examined by the Prisoner. You have been an occasional customer—on two occasions I allowed you goods on credit—you paid me about nine months afterwards after a deal of trouble—I gave you 6l. 10s. in gold on 21st October—I am quite certain there was not an account of 9s. or 10s. outstanding at that time—I came to you and saw several letters—one was that Mr. Bishop was laid up with bronchitis and could not attend to business, and he would forward the cash if I would wait, and I waited—I have not seen your friends till lately, when they offered to settle it if it cost them 20l.
THEOPHILUS JAMES CARPENTER . I am a clerk in the London and County Bank, Lombard Street—there is no branch of our bank at Blackfriars—I have no knowledge of any customer of the name of Henry George Bishop.
HARRY BISHOP . I reside at 39, Borough Road, Southwark, and am a cigar manufacturer—I have known the prisoner about seven years, and done business with him—these two cheques are signed by me, and were payable to him—I gave them to him in the course of business—they are on the Central Bank of London, Blackfriars branch—this written cheque is not in my handwriting or written by my authority—I have no account at the London and County or at any of its branches.
Cross-examined. I have known you for seven years in a very respectable position until these last two months—you called at my office on 16th October, and in the course of conversation you spoke to me about a loan—you asked me if I would become security for you, and I declined—you asked me if I could do something for you, and I said I would consider the matter—I do not remember if you wrote on the following day asking me if I objected to your passing a cash order on me for 6l. or 7l.—I should not have done so unless I had done it in writing.
The prisoner in his defence did not deny writing the order, but stated that he was given to understand by his late partner Mr. Smith that he had Mr. Bishop's permission to pass cash orders on him; that he thought this was a cash order; that he had no intention of defrauding any one, and that he understood Mr. Smith had left the country.
GUILTY .— Four Months' Hard Labour.
MR. FULTON Prosecuted.
ALFRED GRIGGS . I am employed at the Lea Wharf, Stratford, Mr. Bangs's—on Saturday night, 17th February, at 7 o'clock, I was going round on the wharf—I saw there the prisoner inside the wharf lying down on what appeared to be carpenters' tools—he got up and asked me if I was employed there—I said I was having a look round—he said, "There is a man gone over the dust yard with a pick and shovel on his shoulder; I will stop here while you go and look for him"—I saw the
office door broken open, and thought there was something wrong—I at once fetched Constable Finch and told him what I had seen—I left the prisoner there till I fetched Finch—on the way back I met the prisoner, and the constable took him in custody.
Cross-examined by the Prisoner. There is no thoroughfare in this dust yard—the door was not open—you did not tell me some one had been and forced the door open.
Re-examined. He was lying on these two saws and bits and stocks.
WILLIAM FINCH . I am in the service of the Lea Conservancy Board—about 7 o'clock on 17th February a communication was made to me by the last witness—I then went with him and saw the prisoner—I asked him what business he had on the wharf—he said, "It is all right, old man, the man has gone over the dust yard with a pick and shovel, and I will remain here while you go round"—I did not feel satisfied, and said I should detain him—I examined the place pointed out to me by Griggs, and there I found these tools, these two saws, a stock and bit, and a few feet farther away I found the pick and shovel and hammer—he said, "It is true I was found on the wharf; I suppose I shall have to suffer"—I examined the warehouse and the tool shed; I found the lock had been forced off one, and the hasp of the warehouse door had been wrenched off.
Cross-examined by the Prisoner. I did not see you take anything or force the place.
---- MCCARNELL (Policeman K 60). I was sent for, and took the prisoner in custody, and charged him with breaking and entering the office and stealing tools—he said "It is true I was found on the place; I suppose I must suffer for it"—I took him to the station—he said "My name is Robinson, but put me down Jones"—he gave no address—I produce the hasp; it is broken.
JAMES BOYDON . I live at 4, Orchard Place, West Ham Lane—I am foreman at Lea Wharf—on this Saturday afternoon, about 12 o'clock, I locked my office door, and labourer Harris locked the tool warehouse and brought the key to me, and I handed it in the office on the desk—the windows were fastened up with shutters—the constable sent for me on Saturday evening—I then found the office and toolhouse had been broken open, and these tools outside—I identify them by the men working with them—the prisoner had never been employed at the wharf that I am aware of.
JOHN HARRIS . I live at Stratford, and am a labourer—I work for Mr. Bangs, at the Lea's wharf—I knocked off work at noon on Saturday, 17th February—I locked up the tool shed with a hasp and padlock—I gave the key to the last witness—I have examined the scaffold hammers produced by Finch; they belonged to me—I left them in the storehouse.
WILLIAM GIBBS . I am a carpenter, and work for Mr. Bangs—I was working for him on 17th February—about 12 o'clock that day I knocked off work—I placed my tools in the foreman's office—I have examined the tools produced; they belong to me—their value is about 2l. 5s.
The prisoner, in his defence, stated that he wanted a place of convenience, and, having no money, could not go to a public-house, so went on to these premises, where a lot of people went in and out.
GUILTY .— Six Months' Hard Labour.
Before Mr. Common Serjeant.
MR. BISHOP CULPEPPER Prosecuted.
ALFRED DOYLE (Policeman K 303). About 11.30 on the night of 18th February I was on duty in the Victoria Dock Road with Constable Hopkins—on turning the corner into Eagle Street I saw Suleman, a coloured seaman, thrown from the door of a brothel, No. 9, by the hands of a female—I went to him—he was lying on the ground on his left side—I picked him up, and found him bleeding from a wound over his right temple, and there was another on the top of his head, and another behind his left ear—I went into No. 9, and called out "Is Holmes in?"—after about three minutes Holmes came to the front parlour door in his shirt only—Suleman had followed me into the passage—he said, pointing to Holmes, "That man strike me," and he put his hand to his head—Holmes said "You are mistaken; I have been in bed since 10 o'clock"—Suleman said again "You did strike me; mumma take my money"—I told Holmes to dress himself—I then went into the back kitchen with Suleman and Constable Hopkins—Donelly, Holmes's wife, Devine, and a woman named Swan were sitting round the kitchen fire—Suleman went up to Devine, put his hand on his right shoulder, and said "This man strike me, sahib," pointing to his head—he counted his fingers, "One man in front room strike me, one man in this room strike me"—Holmes was in the front room dressing at this time—Suleman pointed to Donelly, and said "This mumma snatched my money, 2 1/2 rupees"—that would be 5s. in English money—it was English money he had, two florins and a shilling, only he called it rupees—I said to Devine "I shall take you into custody for being concerned with Holmes and a woman in assaulting this man and robbing him of 2 1/2 rupees"—Devine said "All right, if you want me to go I will go with you"—he was under the influence of drink, not very drunk—I went to the front room door to Holmes to see if he was dressed—I told him he would have to go to the station with me—he said "All right, sir, I will go"—I did not make any charge against him—I got them to the station and charged them with being concerned with a woman not in custody in assaulting Suleman and robbing him of 2 1/2 rupees—Holmes said "I was in bed, and know nothing of it"—he did not say what time he was in bed—ho had mentioned at his house that he had gone to bed at 12 o'clock—Devine said "I thought I was at my lodgings"—he said he could get a good character from his captain—about 3.30 on the next morning, the 19th, I went in company with Suleman to 9, Eagle Street—I knocked at the door; it was opened by Donelly—I said "Can you tell me where 'Black Polly' lives?"—she said "I will go and show you; she lives in Poplar Street"—that is adjoining Eagle Street—I knocked at the door and asked the person who opened it if Mrs. Carroll was in—she said she was upstairs in the presence of Donelly and Suleman—Mrs. Carroll is called "Black Polly"—she called out from upstairs "Yes, I am in; who wants me?"—I said "The police"—she came to the street door—Suleman said "That is not the mumma that take my money"—Donelly had crossed over to a street lamp opposite the corner of Eagle Street, and Suleman went up to her and turned to me and said, "Sahib, this mumma snatched
money," making a motion with his hand—I said to Donelly, "You hear what this man says, I shall have to take you in custody for being concerned with two other men in custody with assaulting and robbing him of 2 1/2 rupees"—she said "I never had his money"—I took her to the police-station, Barking Road, and she was charged there with being concerned with Holmes and Devine in stealing 2 1/2 rupees—she said to Suleman "You black sewer, I never had your money;" that was all the reply she made to the charge—I found a shilling on Holmes—in the passage at 9, Eagle Street Suleman picked up four pieces of a glass decanter in the presence of Donelly, Holmes, and Devine, and said to me "This is what struck me"—they made no reply.
Cross-examined by Donelly. You were sitting by the fire when I came into the kitchen—Suleman did not charge you then—he did not accuse two or three before he accused you, and I did not then say "This must have been the woman that took your money"—I did not point you out to him—I went to "Black Polly's" thinking that was the one.
WILLIAM HOPKINS (Policeman). On 18th February, about 11.30, I was in the Victoria Docks Road—I went into Eagle Street, and saw Suleman thrown by a woman from No. 9, which is a brothel kept by Holmes—I assisted a constable to get him up—he was bleeding from wounds on his right temple, the top of his head, and behind his left ear—I went into No. 9 with the last witness, who called out, "Is Holmes in?" in three minutes Holmes came to the door in his shirt, and Doyle said "This man says he has been robbed and assaulted in your house"—Holmes said "He must be mistaken, for I have been in bed since 10 o'clock"—Suleman said, pointing to Holmes, "That man struck me"—I went into the back kitchen and saw Devine and Donelly, and two other women, sitting by the fire—Suleman touched Devine, and said that he struck him on the head, and pointing to Donelly, "That woman was there"—Holmes came into the kitchen in two minutes, but was not there during the conversation—Devine was under the influence of drink—when he was charged he said that he could get a good character from his captain.
Cross-examined by Devine. On the road to the station you said that you entered the house with a woman—I had said nothing to you.
Devine's Defence. I had only been ashore four hours. Just after 11.15 I entered the house with a girl, and was sitting by the fire, when he came in with a policeman. I got 30s. from my captain when I came ashore.
Holmes's Defence. I went to bed early, as there were three or four ships in, and I had to get up early. I heard no noise, and was asleep till I heard the knock at the door, and went to the door in my shirt. I was taken to the station without my stockings, and have had none since. I had never seen the prosecutor till then.
Donelly's Defence. About half an hour before the policeman came I had been to bed, and this darkie and another darkie frightened a lot of white men. This darkie had a knife out. I said "Mind, he has a knife in his hand." This darkie rushed into our house, and what they did with the other darkie I don't know. I went downstairs when they came and took Mr. Rose and the other man in custody. He said I should have to go to the police-court, and I said "All right, I will go."
NOT GUILTY .
Before Mr. Common Serjeant.
MR. WILSON Prosecuted; MR. THORNE COLE defended Barry.
The evidence arises out of a quarrel in a brothel, and is unfit for publication.
WILLIAMS— GUILTY of larceny.— Six Months' Hard Labour.
BARRY— NOT GUILTY .
MR. WILSON, for the prosecution, offered no evidence.
NOT GUILTY .
MR. SMYTHIES Prosecuted; MR. BURNIE Defended.
THOMAS WHITE . I am a mariner and live at the Sailors' Home, Well Street, Whitechapel—on Friday night, 16th February, I was outside a public-house near Greenwich Road Railway Station—a few minutes past 12 o'clock I saw the prisoner illusing a woman about 200 yards away from it—I said "It is a shame that you should knock a woman about like that"—the woman fell on the ground—he used bad language which I do not recollect, and said she deserved it—when I was stooping to pick her up the prisoner kicked my feet from under me and struck me on the back of the neck; I felt his legs come in between mine; he tore the button out of my vest and took my watch and chain—I had only just felt my watch—I also lost my pipe, my handkerchief, and about 19s. 6d. out of my pocket—this pipe and handkerchief are my property—in falling to the ground my nose was grazed—I had been previously under two operations in the Seaman's Hospital—I became insensible.
Cross-examined. I had been in the public-house two or three hours with two soldiers—we might have had four or five glasses of rum each—I had been with some friends in Deptford—I had nothing to drink there—the public-house was closed, the lights had not been turned out—the woman was intoxicated, the prisoner was sober—I had taken the key out of the watchpocket because it pressed against the glass just before the occurrence—my coat pockets have flaps.
WILLIAM HODGSON MOORE . I am a medical student, of 29, Keppel Street, Russell Square—on Saturday morning, the 17th February, about 12.30, I was in the Greenwich Road, when I was called across the road by my friend and saw the prosecutor lying on the ground with his head propped up against the wall—he was insensible—I noticed a bruise on his nose—the prisoner was standing at his head bending over him—a woman was there—I do not know whether I spoke first, but after I made a remark the prisoner said "We do not want a row, we do not want a policeman"—the prosecutor's coat was loose except the top button, and his waistcoat was unbuttoned—before the constable came the prisoner went away with the girl—he had previously been asking us to take the girl away—she was inebriated—the constable was about 20 yards off when the prisoner went away.
Cross-examined. The prosecutor was insensible when, the prisoner had
his hand at the top button of his coat—the prisoner was not excited, he was quite sober.
FREDERICK WILDERS MAWBY . I am a medical student, and live at 41, Amersham Road, New Cross—on 17th February, about 12.30, I saw the prosecutor lying on the ground and the prisoner bending over him—I called my friend Moore from the other side of the road, and one of us asked what was the matter—the prisoner said "This man is in a fit"—we bent over the prosecutor, and the prisoner went and spoke to the woman—then the prisoner asked us if we would take the woman home; he would take the man—the prosecutor's buttons were all undone except the top one, and I undid the top button of his shirt—before the constable came up the prisoner and the woman walked off—the prosecutor's nose was grazed on one side—I formed the opinion it was a concussion from the fall—the prisoner was sober.
DANIEL COOK (Policeman R 209). On the night of 16th February I saw the prosecutor, the prisoner, and the woman first about 11.40 p.m. outside the Prince of Orange public-house—the prosecutor asked me the road to the Sailors' Home, Whitechapel—he was wearing a watch and chain—after seeing the three together I went again on my beat and returned again at 12.45, when I saw the prosecutor lying insensible on the ground and the two last witnesses standing by him—his clothes were disarranged and open—he had no watch and chain on—a communication was made to me, in consequence of which I went in search of the prisoner and the woman—I arrested the prisoner at the corner of Greenwich Road and Blackheath Road, about a quarter of a mile off—I told him I should take him into custody for stealing that sailor's watch and chain—he said he knew nothing about it—I took him to the station—while in the dock and the charge was being taken by the inspector he took this handkerchief and this pipe out of his right-hand coat pocket and handed them to me; he said "This belongs to him"—the female said to him "This is a nice mess, Harry, you've got me into"—she was taken into custody at a coffee stall—I know him well.
Cross-examined. The prisoner and the woman were standing some distance from the prosecutor when I saw them at 11.40—the woman was taken into custody about two minutes before the man, very shortly after the robbery, and after the public-houses were shut—she was searched; nothing was found on her—I believe I said before the Magistrate that the prisoner said "This belongs to him," referring to the pipe and handkerchief.
GUILTY of robbery with violence.— Nine Months' Hard Labour.
MR. A. METCALFE Prosecuted.
EDWARD HIGGINS . I am skipper of the barge William Wood—on 20th January, about 1.15 a.m., I was in my barge with my mate Bowes lying off Woolwich—I was asleep—four men came into the cabin and woke me up, and three of them knocked me about—my eyes were full of blood and I cannot recognise any of them—after they left I missed the main sheet and a piece of a hawser—the shortest of the four knocked me about most—this is my hawser and this is my towing line (produced).
prisoner was one—three of them came into the cabin, where we were putting our clothes on—one of them hit Higgins and knocked one of his teeth out; that was not the prisoner—another man said "I think the best thing we can do is to clear out of it; we are doing wrong"—I said "Don't hit the old man, hit me," and they let fly at me—I saw them leave the cabin and tumble into their boat, and saw the rope in their boat—they said "Let us go ashore and cork the beggars"—we had some paddles on board and they were taken—I had never seen the prisoner before, but I recognise him by his cap and coat.
Cross-examined by the Prisoner. I did not recognise you at first in the police yard—I heard you speak on the craft, but not in the cabin.
Re-examined. The prisoner had a cap on at the station—he had no cap on in the cabin, but he put it on when he got up on deck.
CHARLES BARRY . I am a miller, of Mellish's Mill, Woolwich—the prisoner came there on 20th January, about 10.30 a.m., to buy milk to sell—he did not offer this rope to me, but I saw it carried up by two men and put on the scale—it was in a bag—it has remained on my premises ever since.
THOMAS YOUNG . I am foreman at Mellish's Mills—on 20th January the prisoner and another man came to the office and offered some rope for sale; I said "I am busy now, come again after breakfast"—when he came back I sent him up to the mill to have it weighed, and it came to 5s. at 1 1/2 d. a pound—it was wet; he said that he found it in the river—I have cut up a considerable portion of it to tie up sacks—I handed the rest to Inspector Lander.
GEORGE LANDER (Thames Police Inspector). On 20th January I received information of this robbery, went to the mill, and saw the rope—it was not wet then, it had been on a boiler, and had got dry—17 fathoms of it were entire, and 5 fathoms had been cut up—on 24th January I took the prisoner in a public-house in Woolwich, and told him the charge; he said "I was not there, I know nothing about it"—one is a four-strand and the other a three-strand rope—these are samples of them (produced).
GUILTY **†.— Five Years' Penal Servitude.
Before Mr. Recorder.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. BURNIE defended Goggin.
REUBEN BROMMAGE . I keep the Duke of Cambridge public-house. Cannon Row, Woolwich—I know the three prisoners by sight, and also Harry Pritchard—they are occasional customers—on Saturday, 29th January, I closed my house at midnight and went to bed—I heard a tumult in the direction of the Prince of Wales public-house, about 100 yards off, looked out at the window, and saw Goggin, John Cane, and Pritchard coming down the road—it was moonlight, and there was a lamp just above my house—I saw McCarthy near his door, and as he turned to go into his house Goggin pulled hold of him and forced him into the middle of the road, and they fought for 10 minutes or a quarter of an hour—a soldier named Alexander picked McCarthy up once or twice, and then moved
down the street a door or two below my house, and Goggin, John Cane, and Pritchard went up and attacked him—he defended himself, but was soon down—I could judge that they were fighting, by the savage thuds which I heard—Reilly came up and said that he would not stand to see a man murdered like that; he is a powerful man, and beat off the three of them—Peter Cane then came upon the scene, and the fight was renewed—the four were getting the worst of it, when Pritchard said "Hold on a minute, I will fetch something which will do for him," and ran to a house 20 yards up a court, and returned immediately with something in his hand which I took to be a soldier's belt—I went downstairs, but the door was locked, and I returned to the window and saw them kicking Reilly, who was on the ground—I heard cries, and the tumult was like Pandemonium—some of them were drinking beer in the street out of cans—Reilly was taken into a house smothered in blood.
Cross-examined by John Cane. Alexander and Reilly were not fighting before you came up—there was no fighting till you began it.
Cross-examined by MR. BURNIE. There may have been 40 or 50 people—it began by my house and finished 30 yards away—none of the 40 people took Alexander's part except Reilly; it was more than they dare do—the whole crowd were terrorised by these three men.
JOHN ALEXANDER . I am a gunner in the 1st Brigade Royal Artillery, Woolwich—on Saturday, 27th January, about 12 p.m., I was going towards the barracks—I had had a glass or two, but was not drunk—I saw a crowd by the Duke of Cambridge, and two men fighting—I do not know who they were—I picked one of them up when he was knocked down—I think he was taken away and did not fight again, but I was struck immediately in the face and knocked down—I don't know who by—I got up and went almost to the pavement, and stood there some time—three men came up and knocked me down, but I cannot recognise the prisoners—I was kicked on my body and legs, and wounded—I bled very much from my head, face, and nose, and my lip was cut—Reilly tried to assist me and was knocked down by the same persons and kicked in a brutal manner—we were both assisted to a house, and I then saw that Reilly was bleeding—my wounds were washed and I went to barracks—I was out beyond bounds that night, so I did not complain to the police, for fear of getting into trouble—I did not know Reilly before.
Cross-examined by Peter Cane. You did not take me up the street and say "Now go into barracks."
Cross-examined by John Cane. I was sober—I got seven days on the Monday for breaking out of barracks—if I had been drunk when I got back I should have been confined that night.
GEORGE REILLY . I am a labourer, of 13, Burridge Road—on Saturday night, January 27th, about 12.15 or 12.30 p.m., I was in Cannon Row, Woolwich, and saw the three prisoners and Pritchard, assaulting Alexander—I said that I could not stand to see it, and walked halfway across the road, and they left him and attacked me—I beat them off, but as soon as the fourth man came I was done—that was Peter Cane—I had 7s. 10d. in my trousers pocket and a watch and chain—John Cane put his hand in my pocket and took out two half-crowns and two shillings—my watch was hanging out, and I was knocked down and kicked on my eye—I bled very
much, and was taken to Mr. Esplin's house—I have known all the prisoners and Pritchard ever since they were children—they are the men—a doctor attended me for a fortnight, and I was out of work on account of the injuries.
Cross-examined by John Cane. I was sober—I got hold of you by your throat while you had your hand in my pocket, but I said nothing—I also had a sixpence and fourpence in my right pocket—I gave you no provocation—I did not rush at you and knock you down before you interfered with me.
Cross-examined by MR. BURNIE. There may have been 40 or 50 people there—I had been fighting some minutes before Peter Cane came up—I did not see M'Carthy there—no one took Alexander's part—the kicks were given me while I was on the ground—the prisoners only were round me, but I cannot tell which of them kicked me.
SARAH NAPPER . I live with Mrs. Cook at 3, Warner Street, Woolwich—on 27th January I was going home about the time the public-houses closed—I got home and heard screams, and Mrs. Cook and I went in the direction where the screams were, and saw Pritchard and Goggin, both of whom I knew, fighting with a soldier—they knocked him down in the road and kicked him—this was next door to the Duke of Cambridge—he got up, bleeding from his head, and they knocked him down again, and then Reilly came, and Mrs. Cook said to him "Don't you interfere; they are a funny lot"—he said "I can't stand and see a man served like that," and made Pritchard and Goggin run away, and the two Canes, who I knew, came up, and Goggin and Pritchard came back and knocked Reilly down—he got up and they assaulted him again, and he got hold of John Cane by his throat—they both fell, and Peter came and got Reilly by the back of his collar and kicked him in the eye with his boot—blood came from his eye directly—I said "You are a lot of brutes; I will round on you. I will go and fetch a policeman"—when I returned Reilly and the soldier were in Mr. Esplin's house.
Cross-examined by John Cane. There was no fighting before you came up—I said to you "Don't interfere," and you took off your coat and interfered directly—the prosecutor did not rush at you and knock you down while you were speaking to me, you rushed at him.
Cross-examined by MR. BURNIE. I was not examined before the Magistrate—it was Peter Cane who kicked Reilly in the eye—I came along while Alexander and the other men were fighting, and fetched my land-lady to see them—Alexander and Reilly made two of them run.
MARY COKE . I am the wife of Samuel Coke, of Warner Lane, Woolwich—on Saturday night, 27th January, when the public-houses were closed, Sarah Napper called me, and I went and saw Goggin and Pritchard beating Alexander—Reilly came along, and said "I can't stand that"—I said "Don't you interfere, they are a funny lot," but he made two of them run—the two Canes then came up and pitched into him, and Peter Cane pulled him up by the coat and kicked him in the eye, and his eye was pouring with blood—Esplin then came out of his house, and said "If you knew who he was you would not touch him," but they struck Reilly again, and Esplin got him into his house—I heard a lot of them say "We will have his blood, and we will murder him to-night, and if George Esplin comes out we will serve him the same."
Cross-examined by John Cane. Reilly did not get hold of you because you interfered with him—you two sprang from somewhere, and rushed at Reilly—I saw you strike him—he went to protect the soldier.
Cross-examined by MR. BURNIE. Reilly got the best of Pritchard and Goggin, and made them run away, and afterwards he knocked John Cane down—there was a general row.
GEORGE ESPLIN . I live at 3, Cannon Row, Woolwich—I saw the fight between Goggin and McCarthy after the public-houses had closed—while McCarthy was on the ground Alexander came up—I also saw Pritchard and John Cane, but they took no part in it, and I went home to bed—I was awoke by a row about 1 a.m., dressed myself, and saw John Cane and Goggin attacking Reilly—Pritchard was there, but took no part in it—I said "If you knew who that man was, you would not touch him"—I shoved John Cane on one side, and said "Do you want to murder the man?"—he said "He knows us, and if he don't take our part he will have to put up with the consequences"—I said to Peter Cane "Why don't you take your brother away?"—he said "What can I do? you know what they are as well as I do"—I got Reilly into my house—he was covered with blood—I bathed him and took him home—I also bathed the soldier—his head was cut.
Cross-examined by John Cane. Reilly and the soldier were not punching one another against the public-house door.
Cross-examined by MR. BURNIE. Reilly was quite sober—they were all knocking one man about, and you could not expect one man to fight three.
HENRY RUTHERFORD (Policeman R.227). On Sunday, 28th January, about mid-day, Reilly made a complaint to me, and I went to the station with him—about 12.30 that afternoon I met Peter Cane in Beresford Street, and said "Peter, I want you"—he said "All right, Sir, do you know what it is for?"—I said "Assaulting a man named Reilly last night"—he said "I know nothing about it"—on the following Thursday I went to 1, Collingwood Street with Griffin, and found John Cane hiding behind an arm-chair in the front room—I said "John, is that you?"—he said "Is that you, uncle? I would rather you would take me than somebody else"—I am not his uncle; that is my nickname—I said "You have given us a great deal of trouble"—he said "Everybody has to get a living; I suppose I shall see Commissioner Kerr over this."
Cross-examined by John Cane. I did not hear you say "George Reilly professes himself to be a fighting man, and now he has got knocked about he is going to charge us," and I was in the room all the time.
JOHN GRIFFIN (Policeman 26 RR). On Sunday, 28th January, about 1-25, I saw Goggin in the New Road, Woolwich, and said "Goggin, I want you for being concerned with three other men in assaulting a man shortly after twelve o'clock last night"—he said "I was not there, I know nothing about it"—his waistcoat and trousers were smothered in blood and dirt—I took him to the station.
Peter Cane's Defence. I saw the row, and asked the man what was the matter with him; he said that one of the men had been hitting him. I took him into barracks. About three minutes afterwards I went to a friend's house, heard a row, looked out, and saw Reilly, and when my brother came up I went out.
John Cane's Defence. They were fighting before I came up, Reilly
knocked me down, and when I got up of course I struck him in defending myself.
GUILTY .**— Two Years' Hard Labour each.
NOT GUILTY .
JAMES JOHN MOSS . I am a builder, of Metcalfe Road, Peckham—I have been building three houses at Evelyn Road, Deptford—on 21st January I visited those houses—I found the lead pipes had been taken out of two houses—I had seen them safe at one o'clock the day previous—the lead was worth about 2l., it would cost about 5l. to replace it—I saw the fittings on the 21st at the police-station—I identify the pipes by the sockets—I have here the waste preventers which have been torn out of them—there are twelve pieces.
Cross-examined. I identify the portion of the socket which fits in the waste preventers—the sockets were purchased at Barton Brothers' in the Old Kent Road—thousands are purchased in London.
Re-examined. The pipe has been cut into about four lengths—they are about 10 feet long.
THOMAS FRANCIS (Policeman R). At 11 o'clock on Saturday, 20th January, I was in Watergate Street, Deptford—I saw a man run out of the prisoner's shop—I went there and said, "What has he been here for, Pym?"—he said, "Nothing"—I said, "He has been here for something"—he said, "He has been here to buy an old shirt"—I said, "I believe he brought some lead"—he said, "He has not"—I told him if he did not produce it I should search the place—I took a candle up and was about lighting it, when he turned the gas down and said I should not search the place without a warrant—he got hold of me by the beard—I got Marsden, another officer, to take hold of him—I lit the candle and went into the back room, where I saw pieces of pipe lying on a table or a dresser—I said, "You see this, Pym?"—he said, "Yes, you had better go and take him, he brought it here"—I said, "How much have you given for it?"—he said, "I have given 4s. for it"—I said, "Four shillings for this?"—he said, "No, 3s."—I told him he would have to go with me to the station—he asked me if I could not let him go, to be as light as I could with him, and go after the other man—when Mr. Moss came to the station he said, "I hope you will not charge me; if you will not charge me this will never occur again"—the prosecutor identified the pipe on Tuesday, 23rd January, when the prisoner was remanded—I made a further search and found seven pieces, which Mr. Moss identified at the police-court to the best of his belief.
Cross-examined. I have been 16 years in the police force—I told the Magistrate what I have said to-day—I mentioned the lead—I took no
note of what was said—he said he had given 4s. for some, and 3s. for other parts of it—I did not search the whole house.
Cross-examined. When I was taking him to the station the prisoner said, "It is a bad job, let me go and get the other man"—I heard the conversation between Francis and the prisoner inside the shop—Francis asked, "What has that man been here for?"—the prisoner said, "He came to buy a shirt"—Francis said he did not believe him, or something to that effect—Francis asked if the man had brought some lead—I am certain of it—he also said, "I will see what he has brought"—Francis is my superior officer; he is in plain clothes—the shop is a marine store dealer's.
GUILTY* of receiving. He also
PLEADED GUILTY to a conviction of felony in June, 1876.— Seven Years' Penal Servitude.
Before Mr. Justice North.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. HORACE AVORY Defended.
THOMAS FREEMAN . I live at 24, Isabella Street, Lambeth, and am a coffee-stall keeper—on Sunday morning, 20th March, 1881, at half-past 12, I was behind a coffee-stall kept by Donovan at the corner of Suffolk Street, Blackman Street—he was 62 years of age—he was sitting behind the stall—I was serving the coffee—four men came up to the stall, the prisoner was one of them, and a man named Green was another—the prisoner asked for four cups of coffee—I served him with them—he did not pay for them, he ordered four more—I refused to serve him till he paid for the others—Donovan went round to the front and asked for his money—there was a few words and a bit of altercation, and Donovan was thrown down to the ground by the prisoner—I saw the prisoner kick him when he was on the ground—I ran to his assistance and tried to pull the prisoner off Donovan, and I was struck and knocked down—the prisoner ran away, he was stopped by me and a constable—Donovan was taken to the station, which was only a few yards off—I did not see any blood upon him then, but as soon as his wound was dressed he was brought back to the coffee-stall—his hand and nose were bandaged, and I saw blood on his face in places—he went to St. Thomas's Hospital at dinner time the same day—I saw him there on the following Sunday, the 30th, and I saw him on the Wednesday about an hour before his death.
Cross-examined. He lived in the same house that I did—I did not know any of the four men before, I have never seen the other two since, and if I did I should not recognise them—I served behind the stall till I saw Donovan on the ground—there was a public-house at the corner—the house lamps were out; I had a paraffin lamp on the stall which gave a
very good light, and a street lamp was within ten yards—I only saw one man assault him, he told me there were more, but I did not see it—I first asked for the money, and then Donovan asked for it—as I did not get it he went round and stood in front of the prisoner—I saw the prisoner take hold of him—I should not like to swear positively that Donovan did not first lay hands on the prisoner, but I did not see it; they had hold of each other—I saw Donovan cuddle him round the neck—I did not see the prisoner down with him on the ground at all, I saw Donovan lying on the ground cuddling the prisoner round the leg, and the prisoner's leg in the act of kicking—the prisoner was standing, I did not see him on the ground at any time—I could not swear that he was not down and getting up again while I was going round the stall—he was stopped about twenty yards from the stall—I don't know what became of the others—I afterwards gave evidence against Green before the Magistrate.
JOHN FREDERICK HUGGINS . I am a clerk and live at 19, Great Dover Street—on Sunday morning, 20th March, 1881, at 12.35, I was going along Blackman Street—I saw the prisoner standing at the foot of the coffee-stall with a man named Green—I saw Donovan—the prisoner was disputing paying for some coffee they had had—the deceased came to the front of the stall and laid hands on the prisoner to detain him, when the prisoner threw him on the ground, and whilst there he kicked him in the face—Donovan was wrestling with the prisoner, he had hold of one of his legs—the prisoner said to Green, "The old b—won't leave go," where upon Green said "Kick him off"—the prisoner then kicked him in the face with his disengaged leg and kicked him off, and Green kicked him in the back—I did not interfere—I called "Police"—Donovan was calling "Police" the whole time—Policeman Dunn came up and took the prisoner into custody—Green was also taken.
Cross-examined. The prisoner was about 30 yards from the stall when he was taken—I saw four men at the stall at first besides Donovan and Freeman—I was in front of the stall, close to it—the first thing I saw was Donovan laying hold of the prisoner; the prisoner threw him on the ground; they went on the ground together—there was a slight scuffle on the ground—I saw Freeman come round from behind the stall—I believe the other two men were assaulting Freeman; I did not see them, they were at the other end of the stall—my attention was drawn to the prisoner and the old man—the stall was only three or four yards long—while the scuffle was taking place I saw that Donovan had hold of the prisoner's leg—the prisoner was on the ground when he kicked Donovan; it was a kick to free himself from Donovan—I had not seen either of the four men before—I should not know the other two men if I saw them.
EDWARD DUNN . I am a shoeing smith, and live at 4, Kilbeck Street, Clapham Junction—in March, 1881, I was a constable, M 282—on the morning of 20th March, 1881, about half-past 12, I was on duty in Collinson Street—I heard cries of "Police;" I went to the corner of Suffolk Street, and saw Donovan lying on the ground, and the prisoner standing up and kicking him in the face, and I saw Green striking him with his fist in the face—they went across the road when they saw me—I want after them, and took them both into custody—I believe they were beiled by the inspector—the prisoner did not surrender—I looked for him for some time, and was unable to find him.
Cross-examined. I was 42 yards away from the stall when I saw the kicking—I saw Freeman there, and Huggins was standing close by the stall, I believe—I gave evidence on the charge of manslaughter against Green—I was at the station when the prisoner was bailed—the charge then was for an assault.
THOMAS DELAHAY (Police Inspector M). I was at the Southwark Police-station on the morning of 20th March, 1881, about 12.30—the prisoner and Green were brought there in custody; Donovan charged them with assaulting him, and the prisoner with striking him and kicking him in the face, on the nose—he related the circumstances; the prisoner replied "I could kill a dozen like him"—I think he had been drinking, but he was not sufficiently drunk to cause me to charge him with being drunk—Donovan had an abrasion on the nose—I sent for Dr. Evans, the Divisional Surgeon, to dress the wound, and then I sent the constable home with him as he appeared exhausted—the inspector who relieved me let the prisoner and Green out on bail.
Cross-examined. I heard Dunn say before the Magistrate that both Green and the prisoner were sober—I did not make any note of the statement made by Donovan, it was sufficiently impressed upon my mind—I gave no evidence before the Magistrate when Green was charged—I first gave evidence against the prisoner at the police-court a week or two ago—it was while Donovan was describing how he was assaulted that the prisoner said "I could kill a dozen like him"—I believe he made use of a good many remarks which I may have forgotten; he was excited.
WILLIAM HENRY BATTLE . I am a fellow of the Royal College of Surgeons and surgical registrar at St. Thomas's Hospital—I remember Donovan being brought there about the end of March, 1881—he was suffering from bruises on the face, an abrasion of the nose, and symptoms of tetanus—he remained in the hospital two days—he died from tetanus caused by the injuries to the face and nose caused by severe blows by some hard body; a kick would be as likely as anything to cause it—Mr. Butler, another Burgeon who also attended Donovan, is now at the Cape of Good Hope.
Cross-examined. He was the house surgeon at the time; Donovan was under his immediate charge—I gave no evidence in this case till a week or so ago before the Magistrate—I saw Donovan on the day of his admission, the 28th March—I have said that it is quite impossible to distinguish tetanus arising from blows or wounds from tetanus arising from other causes—there are several other causes which will produce tetanus; it may come without any external injury—I have known it arise from draughts or colds.
Re-examined. A wound to the nose is not more likely to cause tetanus than other wounds—the symptoms generally come on within the first ten days—a case of tetanus at the hospital is rather rare; it is always a case of interest—a case from draughts or colds is much more rare than from wounds—Donovan was admitted as an in-patient on 28th March—he had attended at the hospital before that.
By the COURT. There were bruises on each side of the face—I ascribed the tetanus more to the abrasion on the nose because there was a breach of surface sufficient to account for it—I did not see anything else that could account for it.
about 10 o'clock, I saw the prisoner in Blackman Street—I told him he would be charged on a warrant with causing the death of Matthew Donovan about March two years ago—he said "I am glad it is settled, so help me God"—at the station he said "I have been travelling all over the country, to Bristol, Newcastle, Wales, and Chatham"—the inspector read over the charge to him—he said "I am glad of it; I went to see Mr. Green before the Magistrate; I can clear myself"—I had been endeavouring to find the prisoner from the time the alleged offence was committed.
Cross-examined. I heard that he had been working at Stratford, and also that he had been in the neighbourhood where I apprehended him.
SARAH KIBBLE . Matthew Donovan was my father; he was in his 62nd year—he generally had pretty good health—he was a sober man—he lived in the same house with me—I saw him when he was brought home on 20th March—he went to the hospital on the same day, and on the 28th he was admitted as an in-patient—he had been an out-patient for about a week—he complained of the pain in his face almost directly he came home; he complained that he could not take any food, that he could not get his mouth open to take any food—he complained of that directly he was brought home from the accident—he got gradually worse.
Witnesses for the Defence.
HENRY GREEN . I am a painter, and live at 2, Little Suffolk Street—on the night of 19th March, 1881, I was with the prisoner and Nubbins, at the coffee stall in Suffolk Street—I saw Freeman and Donovan there—we had some coffee, called for three more cups, and Freeman would not serve us till we paid for the others—Donovan came round from behind his stall and caught hold of Quinlan, and in Quinlan struggling to free himself, they both fell down on the ground, Donovan still keeping hold of Quinlan round the neck, and while they were on the ground Nubbins kicked him in the side or back—I did not see any other kick—Quinlan got up first, I believe—he did not kick Donovan before he got up—I did not say anything about kicking—I did not see the witness Huggins there—when Quinlan got up he went across the road, and Donovan went and fetched a policeman, who took Quinlan into custody—I followed them over to the police-station—Nubbins got away somewhere—the constable came out after me, and I was charged with the assault also—I was admitted to bail—next morning I went before the Magistrate and was remanded for a week on bail—I surrendered again—I was then fined 3l. or a month; I paid the fine—after Donovan died I was charged with manslaughter here and was acquitted by the direction of the Judge—I believe Nubbins is in Australia—I last saw him about a week after the occurrence.
Cross-examined. I have known the prisoner five or six years—I am not a friend of his particularly—I speak to him when I meet him out—I hardly ever used to be out with him—I have known Nubbins a number of years; we three were friends together—there was no fourth man—the prisoner did not call for four cups of coffee, only three—we were going to pay for it, but we wanted another cup apiece—I had been to a friendly meeting that evening to help a man named Johnson that was in distress, a friendly lead at a public-house—Johnson had lost a child—I left the public-house about 11.30—the only kick I saw given was by Nubbins—I can't tell how the man got his nose cut, unless it was done in the fall; I did not see it done
—when Quinlan got up Donovan did not keep hold of his leg so that he should not get away—Quinlan walked away and Donovan got up and walked after him—I did not hear anybody call out "The old b—won't leave go," nor did I hear anybody say "Kick him off"—I did not say so—I first mentioned Nubbins's name when I gave evidence for the prisoner at the police-court—I heard Donovan say at the station that Quinlan had kicked him; I can't say that I heard him say where—I did not hear him say he had kicked him on the nose or face.
Re-examined. I had several times mentioned Nubbins's name before I went to the Court; in fact it was the talk for a long while.
GUILTY .— Three Months' Hard Labour.
378. ROBERT LONG (24) , Feloniously setting fire to a mattress, sheets, and bed in the dwelling-house of Thomas Alfred Anderson, he and other persons being therein. Second Count, with intent to injure.
MR. WOODGATE Prosecuted.
ELIZA CARTER . I am caretaker to Thomas Alfred Anderson, lodging-housekeeper, of 12 and 14, Gray Street—on 20th February, between 11 and 12 o'clock at night, the prisoner came with three others and asked for two rooms—I showed them two rooms—about half an hour afterwards two women of the party left—the prisoner came out and used very abusive language, and I returned the money they had paid in advance—the prisoner then said he had left something, and asked to be allowed to go back to the room, and as he passed through the door he said "Now I will show you what I will do for you"—he was in a very bad temper—he came out"of the room in three or four minutes, and ran past me through the passage and down the steps out of the house—I went to the room, and saw the bed in a blaze—I called my master, and went for a constable, and the prisoner was given in charge—he was rather the worse for drink, not much.
Cross-examined by the Prisoner. You gave some pictures in my charge when you first came, before you went into the room, to mind for you till the morning; I had them in ray possession when you went away.
THOMAS ALFRED ANDERSON . I keep the lodging-house—there was some altercation with the prisoner, and Carter gave him his money back—he asked permission to go back to the room—I told him he could do so—I saw him leave—Carter spoke to me, and I went into the room—I found two lamps upset on the bed, and all the bed on fire—I had seen those lamps on the shelf five minutes before—they could not have fallen from the shelf; if they had they would have fallen on the floor, not on the bed—I put out the fire; there was very small damage done, but there were 17 or 18 people asleep in the house—the pillow, bed, and sheet were burnt—the flame was about 18 inches high when I entered the room—no part of the house was burnt—the room is on the ground floor, close to the street door—if the fire had lasted another five minutes nobody would have been able to go in or out of the house—the lamps were little paraffin lamps, about three inches high—they had no glass on them.
and afterwards run out, and the place was on fire—I ran after him, and he was stopped.
The Prisoner's Statement before the Magistrate. "I did not know what I said. I had had a drop of drink."
The prisoner, in his defence, stated that one of the women placed the lamp on the bed and went away, and when he went out of the room to speak to the landlord he was chucked out into the street.
NOT GUILTY .
Before Mr. Common Serjeant.
379. WILLIAM JONES (60) PLEADED GUILTY to feloniously uttering counterfeit coin, after a previous conviction of a like offence, when he was sentenced to fourteen years' penal servitude.— Eighteen Months' Hard Labour, after undergoing the remaining three years of his former sentence.
380. GEORGE STEVENSON (19), JOHN KNIGHT (20), and CHARLES WILLIAMS (19) [Pleaded guilty: see original trial image] , to burglariously breaking and entering the dwelling-house of William Henry Stunt, with intent to steal, Knight and Williams having been before convicted. STEVENSON— Twelve Months' Hard Labour . KNIGHT*— Eighteen Months' Hard Labour . WILLIAMS** †— Five Years' Penal Servitude.
GEORGE RILEY . I am assistant to Mr. Gauntlett, of 43, London London Road—on 23rd January the prisoner came in for a feeding-bottle, price 2 1/2 d., and gave me a bad florin—I said "Have you smaller change?"—he said "No"—I gave it to the manager and fetched a policeman—I saw three boys outside, 12 yards off—one was bigger than the prisoner—I saw them again at the station.
Cross-examined. It was daylight, 2.45 p.m.—I did not tell the prisoner the coin was bad, as I thought he would run away—the others ran away when I returned with the policeman, but they came to the station of themselves, and came in—I passed them as they went, and they were in the same place when I returned—I only went 50 yards.
JOHN BRADDLE . I am manager to Mr. Gauntlett—Riley called me and gave me this coin—I said to the prisoner, "Who sent you with this coin?"—he said, "Mother"—I said, "Where does she live?"—he said, "Round the next street"—I said, "What is the name of the street, and what number?"—he said, "I don't know, we have not long moved here"—I said, "Have you any more money about you?"—he said "No"—I said, "Turn out your pockets"—he pulled out a good florin from his pocket—I had the bad one in my hand and said, "Do you know this is bad?"—he began to cry and said nothing—a policeman came, and I gave him in charge with the coins—the policeman said, "Those are your mates, are they not, who have just ran away?"—he said "Yes."
JOHN FORD (Policeman L 152). I took the prisoner, and as I took him to the station three boys ran across the road into the next street—I asked the prisoner where he lived—he said, "Round the next street, and then to the left"—he said he could not give the name of the street, as he had
only lived there a week or a fortnight with his mother—I said, "Who gave you this coin?"—he said, "Mother, and sent me to get this feeding bottle"—I said, "I shall take you in custody"—he then said he lived it 21, Church Street, Deptford—I said at the station, "Is that your right address, 21, Church Street, Deptford?"—he said, "I think it is 121," and he said after, 141—the other boys came to the station; we let them inside, and one said in the prisoner's hearing, "All four of us came to London and went to the Westminster Bridge Road into a tobacconist's shop for half an ounce of tobacco, and that boy picked up the florin on the floor"—the prisoner said, "That is right"—I found a good florin on the prisoner—I went to 21, 121, and 141, Church Street.
Cross-examined. I took the good florin from the prisoner's hand, and the manager handed me the bad one—I think the prisoner is 15, as I have boys of my own—the other boys came to the station 10 minutes after—they were searched and let go.
Re-examined. The prisoner gave his age at the station as 15.
MR. CARTER submitted that there was no evidence to go to the Jury as the prisoner could not possibly know his own age, and there ought to be positive evidence that he was at least 14. The COURT considered that it was a question for the Jury.
NOT GUILTY .
MR. MONTAGU WILLIAMS Prosecuted.
GEORGE READ . I live at 5, Speller's Court, Blackfriars—on the 26th December I closed the house and fastened the window at 1 a.m.—next morning at 8 o'clock I found the window had been opened and a nail removed which I had fastened it with—I missed a coat, waistcoat, and shawl, which I have since identified—on 31st December, in consequence of what my wife said, I went to 11, Speller's Court and saw the prisoner Michael Keefe—I said, "Michael, you know something of my things, and if you did not have those things you know who did"—he said, "Well, George, I will see you at 6 in the evening at the Angel"—that is in Webber Street—I went there at 6 o'clock, and he came in and said, "Well, George, I did not have your things, but I will do all I can to find them"—he came to me next evening and said, "I have been to a pawn shop and found the things, and had them stopped; I will see you again to-morrow"—I spoke to Jupe, and next evening Michael Keefe came, and Jupe at the same time—he said to Jupe, "I have been over and stopped the things at the pawnbroker's," mentioning the pawnbroker's name, which I forget—the same afternoon Jupe and I met both the prisoners outside the Victoria Tavern, and we all went to Somers Town together, and the police arrested Daniel Keefe outside, who was tried last Session (See page 508)—the coat and waistcoat which I lost were made at Macdonald's in the Waterloo Road, where Michael Keefe's father works, and he helps his father, so that the clothes were probably made by his father.
I saw Michael Keefe in the George public-house, Waterloo Road—I said "Michael Keefe, don't laugh at me, as you know all about my son's clothes"—he said "No, I don't, but I think I know those who has got them"—I told my husband.
DANIEL KEEFE (A Prisoner). I was tried last Session for this offence and found guilty of receiving—I am no relation of Michael Keefe, but I knew him before this burglary—I went to his house on 16th December at 11.30 or 12 o'clock—he was there, and his mother, father, and brother—we went out to get some beer and came back and were there ten minutes, and Jane Claverden, who was with me, talked of going home, but his mother asked us to stop, as it was too late to go home, it is such a long way, and we did so—I slept on a chair, and the girl was along with his mother—Michael Keefe kept dodging up against me—I said "What are you shoving me for?"—he said "It is all right," and soon after he asked me to come out and have some coffee at a stall—that was at 4 a.m., and he took off his overcoat and showed me a coat and waistcoat under it—Farquhar, who was with him, showed me a shawl under his waistcoat—I said to Michael Keefe "Where did you get it?"—he said "Down the court"—he had told me before that he had made a suit for a chap, at least helped his father make it, and he meant to have it—Farquhar was present when he said he got it down the Court—I said "You will get yourself into trouble before long"—he said "No, I won't"—we returned to Keefe's house and I left at 7.30 with Jane Claverden and these two chaps—the girl went to work and Michael Keefe came as far as Hatton Garden with us, and then turned back, and I did not see him till the afternoon—I saw Michael at 4.45, but nothing passed—I went with him and Farquhar to a public-house at 7.15, and later on Michael Keefe said "You need not go home to-night"—I said "Yes, I must," and I went, but a few words passed between me and my brother, and I went to Michael Keefe's house, and got there at 2 a.m., that was Sunday night—they were all in bed, and on Monday morning Michael Keefe said "You need not go to work to-day"—I said "Yes, I must, I shall get into a row"—he said "They won't say anything to you for stopping away one day"—at 2 o'clock in the day he said "You will pawn those things for us, won't you?"—I said "No, I don't like to"—he said "They won't say anything to you, you can say they are yours, as you are in work"—I said "All right, I will"—Farquhar had the waistcoat at his house, and he went in and put it on while we waited; he came out and said "I have got it on"—when we got to Gray's Inn Road he took it off and we walked to Cromer Street, and I took it to Chubb's, the pawnbrokers, and pawned it, and on the Wednesday I pawned the coat at the same place—Michael Keefe took it off and gave it me—he said the shawl was pawned; he did not say who pawned it—Farquhar was not present—he was going to chuck the tickets down the sink, but I said "Give them to me," and he did so—I gave him the money—the two prisoners were witnesses against me last Session, and when I was called on for my defence I told the Jury what I have told to-day, and after they had convicted me, as Michael Keefe passed me he said he was going to pay me, and put his hand up to punch me as I went by—this is the coat and waistcoat.
Cross-examined by Keefe. I saw you and two or three more coal chaps in
a public-house—I said "Ain't you got any work?" you said "No; when I do get any I will be such a lad, I will have a coat with five pockets"—you did not say "How much did you get on them?" nor did I say "Eleven bob"—I did not show you the two tickets in my tobacco-box—I never saw you on Boxing-night.
Re-examined. Before the night I slept there Michael Keefe told me he knew where the things were, and he meant to have them if he had the chance.
JANE CLAVERDEN . I live with my mother at 31, Draper's Place, Burton Crescent—I keep company with the last witness—one Saturday night two or three weeks before Christmas I went with him to Whitecross Street, between 10.30 and 11, to buy a hat—we then went to Michael Keefe's house—I had seen him before, but not Farquhar; they were both there, and Michael Keefe's father and mother—some beer was fetched, and Michael Keefe said we might sleep there, and his mother said so too, as it was late—Daniel Keefe went to sleep in a chair, and I went to sleep in the front room; the mother was in the back room—before I went to sleep Michael Keefe and Farquhar went out—they were there when I woke, at 7.80, and they walked with us on our road home—Farquhar and Daniel Keefe went to Somers Town—some time after, on a Tuesday, I met the prisoners in Burton Street; I don't remember whether it was the next Tuesday—Daniel Keefe gave me a parcel in the prisoner's presence, and asked me to pawn it—I opened it, it was this shawl—I pawned it at Barnett's, in Euston Road, for 3s., and gave the proceed's, 2s. 11 1/2 d., and the ticket, to Daniel Keefe, who said "Give it to Michael," and I did so, and the same night Daniel Keefe came to my house and gave my mother the ticket.
ELIZABETH CLAVERDEN . I am the mother of the last witness, and am a widow—I have known Daniel Keefe two months—my daughter went out with him one Saturday night before Christmas and did not return that might—that was the first time she had stayed out—she returned next day and went to her work—some days after Daniel Keefe gave me this ticket for a shawl, and I found two other tickets for a coat and trousers on the mantelshelf—I took them to Hunter Street Station and gave them to Jupe.
ROBERT GRIFFITHS . I am assistant to Mr. Chubb, a pawnbroker, of 13, Judd Street—this waistcoat was pawned with me on 18th December, in the name of J. Keefe, for 3s., and this coat on 19th, for 8s.—I took the coat in myself—Daniel Keefe pawned it.
HENRY JUPE (Detective Officer). I was present here on 30th January when Daniel Keefe was tried for burglary—the Judge ordered Michael Keefe, a witness in the case, into custody—I took him, and I took Farquhar at the same time—on 2nd January, in consequence of what I heard at the station, I went to Mr. Read's house and found Michael Keefe there, and in his presence I asked Mr. Read if he had any information respecting the robbery—he said "This young man has"—Michael Keefe said "The prosecutor has accused me of having stolen his things, but I know nothing about it; I don't like to be accused, and I told him I would do all I could to find it out; on the night on the robbery a chap
named Daniel Keefe, of Chapel Row, Somers Town, slept at our house, and when we woke in the morning we found him gone, and me and Farquhar went to Somers Town and saw him; I said to him 'Have you sold them tickets?' He said 'What tickets?' I said 'The tickets of that job you did over at our place.' He said 'Who told you I did it?' I said 'You did when you were drunk the other night.' He said 'This chap Farquhar wanted to buy them,' producing his tobacco box and showing me the tickets in it. I told him I could not buy them that night as we had not the money, but we agreed to go again next week and buy them; when the box was opened I saw they were pawned at Chubb's, and I went there and stopped them; I knew them as I had made them, and I came over and told Mr. Read what I had done"—on the same afternoon I met Michael Keefe, Farquhar, and Read in the Waterloo Road—I asked who Farquhar was, he said "This is the man who is going to buy the tickets"—we all went to Somers Town and stopped there till 7 o'clock, when I saw Michael and Daniel Keefe, Farquhar and the girl Claverden, outside a beer-house—I told Daniel Keefe he would be charged with breaking and entering Mr. Read's house on December 16th, and stealing a coat and waistcoat—he said "I know nothing of it"—I took him to the station—I then went out and saw Michael Keefe outside—he said "The girl has just told me that her mother has the ticket of a shawl, she is Mrs. Claverden"—I went there, and she gave me the tickets—Daniel Keefe made a statement to me going to the station, and I said to Michael Keefe and Farquhar "The prisoner Daniel accuses you of having stolen the things and given them to him to pawn"—Michael said "Do you think I should have done so if I had taken them?"—I said "You had better attend before the Magistrate next morning," and they did—Daniel Keefe was committed for trial and tried here last Session, and they were examined as witnesses.
Michael Keefe, in his defence, stated that he asked Daniel Keefe and the girl to sleep at his father's house, and they left during the night; and when Mr. Read complained of the robbery he informed him, and advised him to go to the police.
Farquhar; in his defence, stated that he left Michael Keefe at 6 o'clock on the Sunday night, and did not see him again till New Years' Eve, when he asked him if he wanted to buy a coat and waistcoat.
GUILTY . KEEFE*— Twelve Months' Hard Labour . FARQUHAR— Six Months' Hard Labour . DANIEL KEEFE—Nine Months' Hard Labour.
MR. MICHELE Prosecuted; MR. KEITH FRITH Defended.
JAMES THOMAS . I was a steward of the New University Club—on Friday, 18th January, I was standing at the corner of Gay wood Street, London Road, talking to Mrs. Masters about 12.30—four men came towards me—the prisoner is one—three of them went by me—the prisoner did not touch my face, but put his right hand to my waistcoat pocket and assisted it with his left, and ran away—Mrs. Masters communicated with me, and I ran after the prisoner—I saw a policeman stop him—I found
my watch in the road—it is worth 25 guineas—no one else ran between me and the prisoner.
Cross-examined. The prisoner came up in front of me—he went to the corner of the street, and turned back again—I raised a cry of "Stop thief"—I know Mrs. Masters, and happened to meet her—I did not feel the slightest tug.
LOUISA MASTERS . I am the wife of Charles Masters, coachman, of 14, Gaywood Street, and a friend of Mr. Thomas—he was speaking to me on the evening of the 18th January at the corner of Gaywood Street—four men came up—the prisoner is one—three of them pushed the prisoner against the prosecutor—I stood on one side to allow them to pass—I saw the prisoner raise one hand to the prosecutor's face, and put the other across his chest, and run away—the prosecutor ran after him—I then saw the prisoner return on the other side of the road—I saw the watch lying in the gutter.
Cross-examined. The prisoner passed us, and returned—I spoke to Mr. Thomas about his watch when a few seconds had elapsed—I have lived at 14, Gaywood Street four or five months.
Re-examined. I saw the prosecutor's chain hanging down after a few seconds—the man putting his hand across Mr. Thomas's chest first attracted my attention.
GEORGE LAMBERT (Policeman L R 7). About 1.20 a.m. on 19th January I was about 100 yards from Gaywood Street, and near the Elephant and Castle, but on the other side of the road—I heard cries of police—I looked in the direction, and saw the prisoner running on the other side of the road towards me—I ran across to stop him—he turned back, and I followed him—he turned into Gaywood Street—I saw him throw the watch away after I chased him up Gaywood Street—he threw it with his left hand into the gutter—I caught him—I struggled with him—I found the watch in the mud where he threw it, and about eight yards from where I caught him—it was identified by the prosecutor.
Cross-examined. I saw the watch go, and I heard it—I saw something glitter—I was about six yards off—it was about 60 yards from the place of the robbery—in running back he passed the prosecutor on the road—there were two boys there, who were engaged in carts—they are not here that I know of—one of them was at the police-court, but was not sworn.
Re-examined. The prisoner saw me before he turned.
GUILTY . He also
PLEADED GUILTY** to a conviction of felony in February, 1876, in the name of Richard Neale .— Fifteen Months' Hard Labour.
384. JOHN BISHOP (16), THOMAS READ (19), and WILLIAM ELLIS (17) , Feloniously breaking and entering the warehouse of William Robert Shaw, and stealing a pair of boots, 15s. 9d., four coats, and other goods, the property of William Shaw and another. Second count, Receiving.
BISHOP PLEADED GUILTY .
MR. DRUMMOND Prosecuted.
WILLIAM ROBERT SHAW . I live at Peckham Rye—I am a leather manufacturer—I was at my office in Wild's Rents, Bermondsey, on 27th January—I left at 2.30, and returned on Monday morning, 29th, about 9.30—I found Detective Kimber and a police sergeant there—the office was in great disorder, the drawers open, and things strewn about—I missed cigars from two boxes that had been broken—these boots are my father's—this coat
was in the office on Saturday—I missed 15s. odd from a drawer, and a macintosh belonging to my brother.
CROZIER SPEER . I am a stoker in Mr. Shaw's employment—I locked up the premises in Wild's Rents on 27th January a little over 2.30—I was in again on Sunday, and had two men at work there from 10 till 12.30, and the men were in the yard as well—I left the place securely locked up—I was there at 6 a.m. on Monday—at 8.20 I found the counting-house window had been forced open—a desk had been forced open, and placed in great disorder—one window had been nailed up, the other had been forced from the bottom.
RICHARD KIMBER (Detective M). On 29th January I went to Mr. Shaw's premises about 1.30—I found an entry had been made through an outer ware-house by forcing a window completely out and passing through a drying shed and a passage and entering the counting-house window, which was forced open—four desks had been broken open—I found this small chisel in the counting-house; the marks on the desk correspond—in consequence of an inquiry on Tuesday, 6th February, I saw Bishop in the Grange Road—he was arrested—I found two boxes of cigars, four coats, and 15s. was extracted from the prisoner's pockets—Bishop made a statement, in conesquence of which I went to Levy's lodging-house in Bermondsey Road—I waited there till 1 a.m., till Read came in—I said "I am a detective sergeant, and I am going to arrest you for being concerned with Bishop and others in breaking and entering the warehouse of Mr. Shaw, of Wild's Rents, and stealing therefrom two boxes of cigars, four coats, and about 15s. in money and a pair of boots"—I said "What boots are those you have on your feet? they seem to answer the description of the boots stolen"—he said "That is my business, not yours"—I said "I have reason to believe they are the stolen boots; I shall take you to the station"—at the station I requested him to take off his boots—I said "Here is a pair of boots left behind by the thieves who entered the warehouse," and as I held them up in my hands he said "They are my boots; I will put my own on"—I said "They are 3 our boots?"—he said "Yes," and he placed them on and I took these produced—Bishop and Read were remanded by the Magistrate at my request—on Saturday, 10th February, I saw Ellis, and said the same to him as to the others—he said "I know nothing about it"—I said "A statement has been made in reference to you; I shall take you to the station and before the Magistrate, and no doubt you will be remanded and brought up with the other two"—when the charge was entered he said "It is quite true; I was with the other two prisoners; we got into the warehouse about 11 on Sunday night, and remained there nearly all night; I had two of the coats; I sold them to a man in the Waterloo Road who was a stranger to me."
Cross-examined by Read. I asked you at the police-station to take off your boots; you had none to put on; I produced those from a cupboard, and the moment you saw them you said "Those are my boots; I will put them on."
GUILTY . READ*
PLEADED GUILTY to a conviction of felony in February, 1882, at Lambeth.— Twelve Months' Hard Labour . ELLIS— Nine Months' Hard Labour . BISHOP— Six Days' Imprisonment.
Before Mr. Recorder.
MARIA HAMILTON . I am the prisoner's wife—we have been married 17 years—he is a lighterman—we live at 25, West Lane, Bermondsey—about 8 o'clock on 29th January he was the worse for drink, and about 11 o'clock he was lying on the floor in the back room—he got up and came into the front room, where the bed was—I was going in there to go to bed, and he shut the door in ray face—my three girls and I stood against the door to keep him out—he said that he would get something to break it open, and he would rip me up—he also said that he would go down and get a chopper and chop the door down—he did not, but he broke the panel in and went into the front room to go to bed—he then came towards me with something in his hand, I could not see what, as there was only the light of a sixpenny lamp—he struck the back of my hand with it and cut it—my hand was dressed at the station—I think this (produced) is the prisoner's knife.
MARY COX . The prisoner is my stepfather—on 9th January my two sisters and I were in bed, and the prisoner came home drunk—I went to see what was the matter, and saw him sitting on a box, with something like a knife in his hand, and my mother's hand bleeding—I said "Father, you ought to be ashamed of yourself"—he said "If you don't go away I will cut your throat."
BENJAMIN BROWNING . I am surgeon to the M Division of Police—on 30th January, between 12 and 1 am. I saw the prosecutrix at the station bleeding very much from a stab on the back of her left hand, and from another on her arm—her hand was penetrated all but the skin of the palm; and the tendon of the ring finger is completely divided: she will never be able to use her hand; that finger will always drop—there was a third wound on her elbow—the shape of the stabs corresponded as near as possible with the point of this knife, the blade of which appeared to have been wiped recently—the prisoner appeared sober.
JOHN O'SHEA (Policeman). The prosecutrix complained to me and was bleeding from her right hand—I went to the house and saw the prisoner at the door—I said "Your wife charges you with stabbing her"—he said nothing—she said "Yes, you have got the knife about you"—I asked him for it, and he handed me this knife from his pocket, and said "I did not do it"—the panels of the back door were broken—he had been drinking, but was sober.
The prisoner, in his defence, stated that he fell in crossing a barge and injured himself, and a gentleman picked him up and gave him half a tumbler of whisky, which he had never tasted before, and when he got ashore he had another half quartern, and became mad, and remembered nothing more.
GUILTY. Recommended to mercy by the prosecutrix.— Twelve Months' Hard Labour.
MESSRS. LYON and BAGGALLAY Prosecuted; MR. HORACE AVORY Defended.
ELIZABETH MURRAY . I am the widow of the Rev. Alexander Murray, who died in February, 1881—I am now living at Forest Hill—in January, a year after his death, I proved his will—I produce the probate—with the exception of a few articles he left me all his personal property—in January last I was living at St. Helens, Bournemouth, with my son and his wife—my son was in partnership with Mr. Nesbit, a photographer—the property my husband had left me, of the value of about 400l., was temporarily at this place until I took a house for myself—it consisted of a little furniture, chiefly books, plate, pictures, and other articles—these things (produced) were all there—this case contains a large Bible presented to my husband by the congregation—this inkstand was also presented to my husband by the congregation—in July I left Bournemouth to go for a two months' visit to Scotland, leaving all my property at Bournemouth except the trifles I took with me—I left all these things—the inkstand when I left it had an inscription plate across here, and a brass handle above that attached to the plate—I arrived back at Bournemouth, I think, the end of September; everything was gone except a very few things of no or very little value—I had not given instructions to any one to remove my property—none of these things are excepted in the special legacy to my son—on 9th December I caused an advertisement with regard to the property to be put into the Standard newspaper.
Cross-examined. My son was married in June, 1880—he was in no situation at that time; he had come home from China—he had 10s. a week from his father at the time he married; that was not continued after he married—they went to live at Catford—my son was not in receipt of any income, he was looking for a situation—he married a Miss Mennie, the prisoner's niece—she had 50l. a year—I believe my son was 70l. or 80l. in debt when he married—he paid off his debts after his father's death with the money left him—he inherited a house in Jersey, which he sold in order to pay them and to have a little money to put into business—I never heard that he received any money with his wife—she furnished the house at Catford, or partly furnished it—I believe he made a little money occasionally looking for situations, and doing anything he could get to do—it was very little, I believe—my husband and I went to Marseilles for the benefit of his health, and my son and his wife came to us there immediately after their marriage—we thought it a very imprudent marriage—we had a little furniture in our house at Croydon—I believe my husband gave them permission to use it until we came home—this inkstand had been in our house at Croydon; it was generally kept in the drawing-room; it is an ornamental one, wood inlaid with brass—after my husband's death I came back to live at Catford with
them—my son went into partnership with a Mr. Nesbitt, at Bournemouth, and paid a considerable sum of money to him—my daughter-in-law was never in good health; she had been prematurely confined in June, 1882—she had another child which is still living, and I have it now in my charge—all the goods were moved from Catford to Bournemouth—I packed my own things, and they went down along with the others—my son and I insured the things together, mine as well as his—I was not aware that he had insured them with a declaration that the whole of the things in the house belonged to him—I never heard it; it was not true if he did—I think I heard it said at the trial at Winchester—I never heard my son say so—I believe all the things were insured in his own name with my permission, simply for convenience—at that time my son and his wife were on perfectly good terms, and were so at the time I left—I never heard of any serious quarrel between them—there was a quarrel I understood after I left, but I did not understand it was at all serious—I went to Scotland in July, my son joined me there on 26th August—I think he told me he had left his wife and child at Bournemouth—he said there had been a difference between them, and he had come away for a short time till it was healed—he never told me that he did not intend to go back; we were going back together—I did not go back to Bournemouth when I left Scotland; I had business in London, that was the only reason—I intended to go back after I had settled that—I had no idea that the furniture was sold—my son had arranged to go back to Bournemouth with me—as far as I know, his partner advised him to stay away for a time while he was selling the furniture—I did not wish to return till their quarrel had been made up—I did not wish to mix myself up with their quarrels—I never heard that there was any suggestion of immorality between Mr. Nesbitt and my son's wife—I have heard that proceedings in the Divorce Court were talked of—I did not hear that she had alleged cruelty on the part of my son, or desertion—he did not desert her—I heard from some one that she had said so—before I went to Scotland I asked my daughter-in-law to take charge of my things—I never told my daughter in Mrs. Curtis'a presence that the furniture there was all their own—my son is here to-day—he was at Bournemouth during the proceedings before the Magistrate there—he gave me what assistance he could—the prosecution was against his wife and Mr. Nesbitt by me alone—I did everything in my power to avoid the prosecution—I tried to speak to my daughter-in-law and to Mr. Nesbitt, but they both treated me with the utmost contempt—my son did not promise to put a stop to the proceedings if his wife would only come and live with him—I heard it said that he had done so—I did not hear a witness swear it in Court—I left the Court directly I had given my evidence, and heard nothing more; it was too painful to stay and listen to—my son told me that he had had an interview with his wife and told her if she would give up my property I would take no steps whatever—he did not tell me that he had said if she would come back and live with him he would give up the proceedings—the things charged in the indictment are mere trifles, a few knives and other things—my daughter-in-law had a little jewellery of her own—her husband gave her a very handsome gold necklet and a silver one—the jewellery was not kept in the plate chest at Bournemouth—she asked me to keep a silver mug for her and a couple of children's spoons
—I don't know what has become of her jewellery since these proceedings—I think my son has one or two things, intending to keep them for her.
Re-examined. I contributed to the expenses of the different houses in which I lived with my son and daughter-in-law; I paid a large board and a good deal besides—that was one of the things that induced me to live with them—he took the house at Bournemouth in his own name, and insured the goods there in his own name—I wrote to my daughter-in-law from Scotland to ask her to join me there, as she was in very poor health, but she declined—I was only away for two months, and my son was about a fortnight with me—when I returned I asked for my daughter-in-law's address, as I wished to communicate with her, but her relatives refused me her address—I found that all my property was removed to Mr. Nesbitt's house—they were recovered at different places, some at friends of Mr. Nesbitt's, some at Mr. Garnet's—my silk sealskin jacket was found at Loughborough Station, and a great many of the things were utterly destroyed.
CHRISTINA GARNET . I am the wife of William Garnet, a hatter, of 64, Lothian Road, Brixton—in November last I had a room to let, and I had a card up stating that fact—about 11.30 on the morning of Saturday, 11th November, the prisoner called on me; she was quite a stranger to me—she said she had seen the card, and asked me if I would let her the room—she did not wish to see the room, as she did not wish to live in it, but merely to warehouse some goods for a lady in Wales; and she asked if it would be convenient to bring them in half an hour from Vauxhall Station—she brought them in a cab in about half an hour—the rent was 3s. 6d. a week—she paid me for three weeks' and a shilling, as I had not change enough—she put the things in the room, locked the door, and took the key—she did not give me her name and address; I did not ask for them at that time—this inkstand was among the goods warehoused at my house—I next saw her on the fourth week, she came when the rent was due—I told her I wished her to take the things away, as I wanted the room for a lady, or if she could not take them away I would place them in my apartment, and then she said she would communicate with the lady and let me know on the Monday morning—on the Monday she came and said she had been to Wales and seen the lady, and she was quite willing I should put them in my own apartment, as she was too ill to travel—she sorted them, and I wanted her to take an inventory; she did not care to do it, but she did do it, saying she did not care to write in her own handwriting—she did not say why—she made an inventory, which she took away with her—she wrenched the handle off the inkstand—I said "What a pity!" she said "Oh, that does not matter, it is of no value"—I did not see the plate—she wrapped the bundle in a piece of cloth, which she took away with her—she also took away some letters out of a gentleman's letter-case—the things were removed into my own apartments—I saw her again about 12th January, I think—I went to the Law Courts to try and identify her—before that I had looked at some of the articles, and the inscription in this large Bible had attracted my attention—it is in the Bible still: "Presented to the Rev. A.J. Murray by the ladies of his congregation as a mark of their affectionate esteem." In consequence of that I went to Croydon, and saw the wife of the Presbyterian minister there, and after that I went
to the Law Courts to see if I could identify the prisoner—the last time I saw her I said "If I wish to communicate with you about these goods I have no idea of your address"—she said it would be all right—I pointed her out to Detective Melville.
Cross-examined. I did not see any plate on the inkstand at all, only the handle—these things had been in the room before then, locked up—I had made no examination—I could not tell if the handle was loose—I was no party to the proceedings at the Law Courts—I only went to identify—I saw a child—I did not know what the proceedings were about—I saw the prisoner there—she wrote out the inventory herself, and took it with her—I merely asked her if she would take an inventory.
By the JURY. There were other things in the apartment, but these were the only things belonging to the prisoner.
By MR. AVORY. I did not see any jewellery.
WILLIAM MELVILLE (Detective W). On 12th January I went to the New Law Courts with Mrs. Garnet, and she there pointed out Mrs. Mennie, the prisoner, to me—in consequence of that I afterwards took the prisoner in custody on a warrant on the 25th January, at 41, Arthur Road, Brixton—I read the warrant to her, she said "I know nothing about Mrs. Murray's property; I know she took the things away, and I know where she put them"—this was Mrs. Murray, junior—I subsequently told her that she had been identified as leaving some things at 64, Lothian Road—she said "I will say nothing"—I searched the house, found nothing, and she then added "Mrs. Keys knows more about the things than I do, and she ought to be treated the same."
Cross-examined. I have made inquiries about the prisoner—she has lived for 20 years in Brixton, and is a perfectly respectable woman—there are plenty of people who have known her for years—when I read the warrant to her I said "Mrs. Murray, junior," and she said "I had nothing to do with Mrs. Murray personally, I know she took the things away"—I understood her to refer to Mrs. Murray, junior—I found Mrs. Murray had been staying there and with Mrs. Keys before she went to the prisoner's—I went to the Law Courts for the purpose of seeing the prisoner—I saw a child there—the proceedings at Chambers were about the custody of the child.
Re-examined. Some of the property was found at Mrs. Keys's—the child was given up to its grandmother by order of the Judge.
SARAH BARRY . I am a widow, living at 33, Arthur Road, Brixton—I have known the prisoner for years—some time in November last, I do not remember what time, but on a Thursday, I think, young Mrs. Murray came to my house and brought some articles, some were in a blanket—she left them there till next morning, when I went to 4, Arthur Road, where the prisoner lives, and where young Mrs. Murray then was—they were both together—I asked them to fetch away the things, as I did not like them left at my house; and they came with a cab and took them away between 11 and 12 o'clock on the Saturday—I did not go with the prisoner to Loughborough Park Station.
Cross-examined. I spoke to Mrs. Murray—she was the only person I had to do with—I had known the prisoner for years, and always knew her to be a perfectly respectable and straightforward woman, well known in the neighbourhood.
MR. AVORY submitted that there was no case for the Jury on either Count; that no larceny was proved on the part of the wife of the prosecutrix's son, as her possession was that of the husband, nor was there any proof of any guilty receiving on the part of the prisoner. After hearing MR. LYON, MR. JUSTICE NORTH considered that the case was very slight, and the Jury expressing the same opinion, found the prisoner
NOT GUILTY .
ADJOURNED TO MONDAY, MARCH 19TH, 1883.