CENTRAL CRIMINAL COURT
SIXTH SESSION, HELD MARCH 19TH, 1883.
MINUTES OF EVIDENCE.
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS AND SONS, 119, CHANCERY LANE.
Law Booksellers and Publishers.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, March 19th, 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 JOHN CHARLES DAY , Knt., one of the Justices of the High Court of Justice; Sir ANDREW LUSK , Bart., M. P., Sir THOMAS SCAMBLER OWDEN , Knt., F.R.G.S., and Sir CHARLES WHETHAM, Knt., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q. C., M. P., Recorder of the said City; SIMEON CHARLES HADLEY , Esq., JOHN STAPLES , Esq., F. S. A., REGINALD HANSON , Esq., and JAMES WHITEHEAD , Esq., other of the Aldermen of 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, March 19th, 1883.
Before Mr. Recorder.
MR. CARTER Prosecuted.
GEORGE JORDAN . I live at 11, Half Moon Crescent, Barnsbury Road, and am in the employ of the Pall Mall Gazette as cart inspector—about 12 or 1 o'clock on Sunday morning, 28th February, I was going home alone the Barnsbury Road—as I came to the corner of Chapel Street I noticed five or six men, amongst them the prisoner—I had seen him as I went to business night and morning—I did not speak to them—I had got about two yards from the kerb, just in front of the public-house, when I felt a blow at the heel of my boot, which brought me to the ground on my back with my face upwards—I should think there were fire on me at that time—the prisoner held me down on the left hand side and stooped over me—I felt some hand in my right-hand pocket, and I put my hand in my pocket and felt my watch go—there was 17s. 6d. as near as I can say in sliver in my right-hand pocket—that was gone—I called out "Police!" and all the men but the prisoner had run away—when I got up I found my watch, chain, and money gone—the prisoner used very bad language to me—I said I should detain him—he said "All right," he should not run away—a policeman came up within a few minutes—I gave him in charge—the violence hurt my back very badly.
Cross-examined by the Prisoner. I was not standing in front of the public-house talking to anybody.
SAMUEL DUKE (Policeman G 147). I was on duty in the neighbourhood of Barnsbury Road on this 28th of February at about 12.20—I heard somebody calling out "Police!" and I made my way there—I saw the Prosecutor and the prisoner and another man just against the lamp-post—as I approached I heard the prisoner say "Here is a policeman; if you
are going to lock me up do so. I know nothing about it"—the prosecutor told me he had been knocked on his back and robbed of his watch and chain, and that the prisoner was one of the men—I took him into custody.
Prisoner's Statement before the Magistrate. "I have got a man who was talking to me at the time this happened. I will call him on my trial."
Prisoner's Defence. The man is not here. I told Inspector Holloway the names of the two men that did it.
NOT GUILTY .
MR. LLOYD Prosecuted.
ELIZABETH ROSSI . I am manageress of the "Paris in Europe" Hotel, Leicester Square—on 27th February, about 9 o'clock in the evening, the prisoner came to the bar and called for a glass of bitter, which came to 2d.—he tendered a florin in payment—I discovered it was a bad one—I told the porter, who was standing at the counter, to fetch a policeman—the prisoner could hear me—the porter went out—the prisoner said "Don't do that; I will pay you," and he put down 2d. and ran out, leaving his ale on the counter—the waiter broke the florin—I found these two pieces (produced)—afterwards the policeman brought a man to the "Paris in Europe" for me to identify—he was not the man, and next day I was taken to Vine Street Police-station, and picked the prisoner out from five others.
Cross-examined by the Prisoner. The young man who was brought back for me to identify was in the shop with you at the time—I spoke to the waiter in English, and told him to stop you—he did not understand me.
Re-examined. Antoine Janch went for the constable.
ANTOINE JANCH . I am a porter in the "Paris in Europe" Hotel—I remember the prisoner coming on the night of 27th February—in consequence of something Mrs. Rossi said to me, I went to fetch a police-constable—I did not find one, and when I came back without one I saw a man run out from the corner door—I could not swear it was the prisoner—I was over the way.
WILLIAM THOMAS NEW (Detective C). On the afternoon of 28th February I was in plain clothes—I saw the prisoner in Trafalgar Square about 1.15—I told him I should take him into custody on suspicion of having uttered a counterfeit florin at the Paris in Europe Hotel, Leicester Square—he said "You have made a mistake this time"—I took him to the station—on the way he repeated several times what he had stated—at the station he placed himself among five others, and Mrs. Rossi clearly identified him at once—previous to her coming to the station he asked me to allow him to have one of the other men's greatcoats—I would not do so—he then changed his blue-and-black scarf for a white one—when charged he said "I admit I am the man who passed the coin to the lady"—Mrs. Rossi was there at the time—I searched him and found 1 1/2 d. on him—these two florins are bad.
The prisoner in his defence stated that a man had been asking him for three or four days to pass bad money, until at last circumstances compelled him to do so.
GUILTY . He then PLEADED GUILTY* to a former conviction for uttering counterfeit coin in November, 1881.— Eighteen Months' Hard Labour .
MR. LLOYD Prosecuted.
WILLIAM THOMAS NEW (Detective C). About half-past 6 on the evening of 23rd February I was in Piccadilly, in front of the Criterion, with Constable Morley—I saw the prisoner there with five or six others—he walked some way from them, and I walked up and told him I should take him into custody on suspicion of having counterfeit coin on him—I knew the others to be a gang of coiners—he said "All right," and I saw him put a paper packet into his right-hand trousers pocket—I cannot say if he had received it from the others or not—the others hastened down the Haymarket—Morley followed them—on the way to the station the prisoner made three or four attempts to get at his right-hand trousers pocket, but I had his wrist and prevented him—I searched him at the station, and in his pocket found nine half-crowns, each wrapped up separately in tissue paper—I told him he would be charged with having these counterfeit coins; he said "I picked them up in the Strand"—afterwards he said "You must have dropped them on the floor, and put them in my pocket or something."
The prisoner, in his defence, stated that he had picked them up, and was going to take them to the police-station.
GUILTY . He then PLEADED GUILTY* to a conviction of larceny in May, 1876.— Fifteen Month' Hard Labour .
MESSRS. LLOYD and DE MICHELE Prosecuted; MESSRS. BLACKWELL and CALVERT Defended.
WILLIAM THOMAS NEW (Detective C). On 28th February I was in company with Morley—I saw the prisoner outside the Marlborough Street Police-court in the afternoon after another counterfeit coin case had been heard—I followed him to Westminster, and then to the New Cut, and thence to Seven Dials—I lost sight of the gang there—I saw to prisoner again at night walking about alone outside the Burlington in Regent Street—I and Morley crossed the road—we caught hold of him, and Morley told him he should take him into custody, and he threw us both down to the ground—while struggling the prisoner put his hand into his left-hand coat pocket, drew out a packet, end threw it into the road-Morley was holding him at the time—I went into the road, picked up this packet (produced), opened it, and found it contained five bad florins, each wrapped separately in paper; there are the marks on the paper now-after the prisoner was charged he said "I did not have them in my pocket. I came from the Elephant and Castle with another man to earn a few bob"—the other men were a gang of coiners; I know most of them—Stone and Ashton, who have just been convicted, were there—there were several others.
Cross-examined. I lost sight of them in the Seven Dials and when they went into public-houses—I lost sight of the prisoner for two or three hours before I saw him again in the evening; he was alone then—I waited some 10 minutes before I went over to him—I first saw them about 2—they went into many houses at Westminster—they got to Seven Dials about 8 o'clock, I think—I was watching them continuously from 4 to 8—when we took him in Regent Street we all three struggled and fell to the ground—I had hold of his left arm—he put his hand into his pocket—I said at the police-court that when he was charged he said "I did not have them in my pocket, I came over from the Elephant and Castle with another man to earn a few bob"—I am wrong, that was in another case, what the prisoner said was "I was only trying to make a few pence up here."
Cross-examined. I and New were working together—between 4 and 8 the prisoner went into the Angel in Great Chapel Street, and several houses—we were patrolling Regent Street afterwards, when we saw him outside the Burlington waiting—I closed with him, he put out his foot, and I fell on the ground—New fell on the top—he threw something away with his left hand from his left-hand pocket—I had hold of his right hand—it was done just in the moment of falling down; we were struggling—there were people about.
Witnesses for the Defence.
WILLIAM WOOLDRIDGE . I live at Mint Street, Borough—on 28th February I was living at Anne Street, Blackfriars Road—I was in the house the whole of the day—the prisoner was there with me—he got upstairs about 1 o'clock in the morning; he washed himself, and left about 8 or half-past—I saw him at 2, from 2 till 8.30—he was in the kitchen the whole of the time.
GUILTY . Recommended to mercy on account of his youth.— Six Months' Hard Labour .
MESSRS. COWIE, Q.C., and HORACE AVORT Prosecuted.
HARRIET LOUISA GOODMAN . I am assistant at the post-office 407, West Strand—on 6th February this requisition for a money order was presented to me—I saw it filled up by the prisoner—I altered the name of the office. (Read: "Money order required 1s. 9d. Payable at 224, Post-office, York Road, Lambeth, Westminster Bridge Road, to Arthur O'Leara, sent by R. St. James, 46, Suffolk Street, Pall Mall.) I made out this money order (produced) for 1s. 9d. and handed it to the
prisoner—there were then only the lines in the pounds column, signifying there were no pounds—that appears now as a "4"—the word "four" has also been written in underneath—I next saw the prisoner on the Saturday week or fortnight at Bow Street Police-court—I picked him out from a number of other men and identified him as the man who had presented the requisition to me—I forwarded this letter of advice (produced) in the usual way to the Post-office at the Westminster Bridge Road.
WILLIAM MILLER . I am a portmanteau maker, at 49, Waterloo Road—the prisoner came into my shop on the afternoon of 13th February and bought a portmanteau for 30s.—he said he had a post-office order, but it was too late to get it cashed, and would I take it—this is the order, it purported to be for 4l. 1s. 9d.—he also wanted a little cash to go with till the morning—I let him have 10s.—he signed this "Alfred O'Leara" in my presence—he said I was to leave the balance at 66, York Road; he did not mention any name; and if he was not at home he would call on me for it—no such person was known there—he did not call for the balance—I went to the post-office at Westminster Bridge Road and found it was a forgery, and then communicated with the police—I had done business with the prisoner before—I saw him again in about three weeks, about 2nd or 3rd March—he sent a man to my shop to say a gentleman wanted to see me—I went and saw the prisoner on the pavement—he told me that he was very sorry for what he had done, and he offered me the 10s., and also to return the portmanteau; he understood there was a warrant out for him, and asked me if that was so—in the meantime I communicated with the police and gave him in charge—the police have since brought the portmanteau to me.
RICHARD MACEY (Detective Sergeant L). I received information from Mr. Miller on 14th February, and on 2nd March I saw the prisoner in custody at the police-station at Kennington Road—I told him he would be charged with forging and uttering a post-office order for 4l. 1s. 9d. to Mr. Miller, Waterloo Road, on 13th of last month—he made a statement which I took down in writing—when charged he said "I did not forge the order, but when the order came to me by post it was for 4l. 1s. 9d. I received it from a friend named St. James "(that is the name of the sender on the requisition)" for a gold watch he had from me. I do not know where he lives"—he told me that he was a barman in Smithfield—I searched him and found on him a number of letters, and upon those letters an address 5, Tennyson Street, York Road—I went there and found he was living there in the top floor front room in the name of Monte—I found a portmanteau there, which I showed to Mr. Miller, who identified it—it is about a half or three-quarters of a mile from the West Strand Post-office to Westminster Bridge Road.
CHARLES JAMES STEVENS . I am attached to the Missing Letter Department of the Post-office—on 15th February I saw the prisoner in the presence of Macey, who has given a correct account—on that occasion he gave the name and address of Robert Palmer, 52, York Road, Lambeth—I had the money order in my possession, and I showed it to him—I told him who I was and said that it was taken out for 1s. 9d. and since altered to 4l. 1s. 9d.; that the handwriting of O'Leara in the order corresponded with that of the requisition form—these letters found by the officer in his pocket have been compared with the other
handwriting—they are signed Mr. R. Palmer, care of Mr. Monte—I said "This is signed O'Leara," referring to the order—he said "That is my professional name; I sometimes go by that name; I am an acrobat"—I told him what the charge was—he did not say anything—he admitted that these letters were in his handwriting.
WILLIAM KEITH (Policeman L 223). The prisoner was given into my custody on the afternoon of 2nd March by Mr. Miller—he said "Have you got the other man, he is as guilty as me? I got the post-office order from a man named St. James for a watch I sold him last July for 5l."—he said at the station "I am very sorry for what I have done. I have acted very foolishly after the chance I have had, as I only got three months for what I did."
GUILTY . He then PLEADED GUILTY to a conviction of felony in October, 1882, at Lewes.— Twelve Months' Hard Labour .
MESSRS. LLOYD and DE MICHELE Prosecuted.
CHARLES SIDNEY LEE . I am a hosier, ox 29, Strand—on Saturday night, 24th February, Heard came into my shop—I gave her a handkerchief and received a bad half-crown from her—the price of the handkerchief was 6d.; I gave her 2s. change—I remarked that the half-crown was bad, and gave her the change that I might see who her confederate was—I saw her in Savoy Street, returned to my shop, went out again from my shop, and saw her speaking to Harris—I called a constable and gave both of them into custody—I identify this bad half-crown (produced) given me by Heard—I gave it to the constable—Harris threw away an old glove and a phial; I picked up the phial but not the old glove, as I did not believe it belonged to her—I saw the phial shown to the prisoner by the inspector—she said it belonged to her, and was medicine for a cold she had.
Cross-examined by the Prisoner. I placed the bad half-crown Heard gave me on the desk and followed her—the phial was found opposite the principal entrance to the Lyceum in Wellington Street.
FRANCIS GARWOOD (Policeman E 244). About 10.30 on the night of Feb. 24 I was called by last witness to take the prisoners into custody—they were standing talking—I took them both—I asked whether they had been to Mr. Lee's shop, and they laughed; they made no reply—I took them away—we went by Wellington Street—opposite the Lyceum I thought I heard them drop something, I looked round but saw nothing—afterwards there was a phial found there—the female searcher searched them at the station—I saw Heard give up a handkerchief—the female searcher gave me two handkerchiefs and also a shilling and 4d. in coppers, good money—the phial is broken—Gosland pointed out a place to me about 5 yards from where I took the prisoners into custody—I produce four counterfeit half-crowns given me by Hastill—Mr. Lee gave me a bad half-crown.
WILLIAM GOSLAND . I live at 18, Stanhope Street, Clare Market, and am a porter in Covent Garden Market—at ten minutes past 7 on the morning of 25th February I was in the Strand near the corner of Wellington Street—about three paces from the corner where the 'busses stop in the Strand I found four bad half-crowns in this old kid glove (produced)—three were wrapped in tissue paper—I put them back again and took them up
to Bow Street and handed them to the sergeant No.10—I pointed out to Garwood the spot where I picked them up—I can swear to one half-crown because I bit it.
Cross-examined. It was on the left-hand side of Wellington Street going up, the same side as the theatre—I swear this is the glove I picked up, I opened it and looked.
THEODOCIA CURTIS . I am a female searcher at Bow Street Police-station—I searched the prisoner on 24th February—I found 1s. and 4d. in coppers—there was powder on the shilling, she had a great deal of powder in her pocket—the shilling is a new one—I also found two new pocket-handkerchiefs, each in a separate parcel—I gave them and the money to Garwood.
WILLIAM WEBSTER . These four half-crowns found in the glove and the one passed to Mr. Lee are all bad—the one passed to Mr. Lee is from the same mould as one of the four—the shilling is good—the moulds are made of plaster-of-paris—there is some plaster on one of the half-crowns.
The prisoner in her defence stated that she was not in the shop and had nothing to do with the prisoner Heard.
GUILTY . She then PLEADED GUILTY to a conviction for a like offence in June, 1882.
The witnesses repeated the evidence which they had given in the former case.
GUILTY . HEARD then PLEADED GUILTY* to a conviction of felony in June, 1876. HARRIS— Eighteen Months' Hard Labour . HEARD— Nine Months' Hard Labour .
396. JOHN VINCENT (69) PLEADED GUILTY to having in his possession 26 counterfeit florins, 10 counterfeit half-crowns, and 9 counterfeit shillings, with intent to defraud, also to a previous conviction of felony in May, 1876.— Fifteen Months' Hard Labour .
397. JOHN PITTS** (28) [Pleaded guilty: see original trial image] to larceny from the person, also to a previous conviction.— Twelve Months' Hard Labour, and to serve the rest of his time under the former sentence .
399. WILLIAM HENDERSON (39) [Pleaded guilty: see original trial image] to receiving two gold watches, a snuff box, and other articles, the property of Sir Julian Goldsmidt, knowing it to have been stolen.— Three Months' Hard Labour .
NEW COURT.—Monday, March 19th, 1883.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and HICKS Prosecuted.
DANIEL HARVEY . I keep the Old Barleymow, Popham Road, Islington—on 20th February, about 3 p.m., I went into the bar, and my wife spoke to me and showed me a coin—the prisoner was standing in front of the bar, and I said to him, "You gave Mrs. Harvey a bad half-crown, and you wish for the change"—he said, "I am sure it is good, and I wish for my change, and I won't leave the house"—he said that he got it in change for a half-sovereign where he worked, and had been to two other public-houses with the change for the half-sovereign—I asked him to pay for the drink—he said that he had no more money—I gave him in charge, and gave the coin back to my wife, and the prisoner put his hand over the bar and tried to take it from her hand—I afterwards gave it to the constable—I had received a warning and a description, and the prisoner corresponded with it—other customers were in the bar.
Cross-examined by the Prisoner. I was not in the bar-parlour when you came in—I did not jump out at my top window and injure my hand some months ago—this mark on my hand was made by the bursting of a ginger-beer bottle—my wife and barman have not had to put me under restraint in my bar-parlour on many occasions—I have seen you twice in my house, and was then cautioned to be very careful in case you tendered bad money.
SUSAN HARVEY . I am the wife of the last witness—on 20th February I was in the bar, and the prisoner came in with two men and called for a pot of four-half and half a quartern of gin, which came to 6 1/2 d.—he gave me this half-crown (produced)—I thought it was bad, and gave it to my husband, who tried it in the tester, found it bad, and returned it to me—the prisoner said, "I want my change"—I said, "Well, you cannot expect to get change, you know what you have given me"—he tried to snatch it from my hand, reaching over the counter—he was given in charge with the coin.
Cross-examined. I did not put the coin in the till, but I put it in the tester.
MARK GRACE (Policeman N 141). The prisoner was given in my charge with this half-crown—I said, "How did you become possessed of it?"—he said, "That is my business, and I am too fly to carry more than one piece at a time"—I do not know the meaning of "fly"—I took him to the station and said, "What is your name?"—he said, "I have no name"—I said, "What is your address?"—he said, "I have no address"—I knew him as Thomas Conelly in 1877—he gave the name of Edwards while under remand.
Cross-examined. He did not give that name at the station or at the police-court in my hearing.
Prisoner's Defence. I did not know it was bad.
MESSRS. CRAUFURD and HICKS Prosecuted.
JAMES MORLEY (Policeman B). On 3rd March, about 2 p.m., I was in Oxford Street, and saw the prisoner walking backwards and forwards opposite the Oxford Music Hall—I watched him a quarter of an hour and then told him I should take him in custody for loitering and on suspicion of having counterfeit coin in his possession—he said. "I have got nothing"—he said, going to the station, "I may as well tell you the truth, I have got some bad money in my pocket; I came over this morning from the Elephant and Castle with another man to try and earn a few bob; the other man has gone into the Oxford to try to pass one"—I searched him at the station and found six bad florins wrapped separately in newspaper in a pile—he had no good money.
The prisoner's statement before the Magistrate was that a man asked him to go with him, and said, "Take this quick, I am going to the Oxford," and gave him the parcel.
Witnesses for the Defence.
Cross-examined. He has never been in trouble; ho never had 14 days—the only time he was away from me he was in the Militia at Aldershot and Kingston—I did not tell that gentleman that he had had 14 days—he asked me if he had done three months' imprisonment from Lambeth, and I said, "Never in his life."
Cross-examined. He lives with me—he has never been in trouble to my knowledge, and he has never been away from home except when he was at Kingston and Aldershot in the Militia—he was away four or five months then—that was about 12 months ago.
Evidence in Reply.
WILLIAM THOMAS NEW (Re-examined). I have heard what Mrs. Wilde has said; it is not true—I went and saw her after I had him in custody, and said, "I believe your son has done three months"—she said, "No, he has only done 14 days"—I said, "Where?"—she said, "At Southwark Police-court"—no time was mentioned, and I have not been able to find it out.
GUILTY .— Two Months' Hard Labour .
MESSRS. CRAUFURD and LLOYD Prosecuted.
ELIJAH JAMES TOPP . I am barman at the Masons' Arms, St. George's-in-the-East—on 21st February the prisoner came with a woman and had some lemonade and twopennyworth of port wine, which came to 4d.—he
then treated people to the amount of 3s. or 3s. 6d.—he put down a counterfeit sovereign, but said nothing—I showed it to Mr. Wissen—while waiting for a constable the prisoner said, "If you give me the coin back I will give you another one for it," but I did not—on the previous day the woman who was with him and another woman tendered this counterfeit sovereign (produced) for some liquor.
HENRY WISSEN . I am manager to Mr. Donovan at the Masons' Arms—on 19th February a female came, had some drink, and tendered a Hanoverian medal—she went away and brought good money and paid for the drink—I gave the medal to Mr. Donovan—on 21st February the prisoner and the same woman came together—the barman served them and called my attention to a Hanoverian medal—I said, "This is a bad one"—the prisoner said, "I want my change for this sovereign."
THOMAS DUNFORD (Policeman HR 43). On 21st February I was called to the Masons' Arms and took the prisoner—I had the medal in my hand, and said, "You will be charged with attempting to pass a bad sovereign"—he said "All right, I did try to pass it, but I did not know but it was a good one"—going to the station, I said, "Where did you get it from?" he said "At the Rodney on Saturday night for wages"—that is a musichall—I said "Do you mean to say you have had it in your possession since Saturday night and did not know it was a bad one?" this was Tuesday morning—he said "I have done wrong; I picked it up in a purse in a dressing-room, and it was a trap laid for me"—just before we got to the station he said, "It is the first time I ever attempted to do such a thing."
WILLIAM WEBSTER . These are Hanoverian medals—they are made of mixed metal, lighter than a sovereign, and of less value—they are not worth a farthing—they are used for whist markers—one is dated 1837, and the other 1874, that has a plain edge.
Witness for the Defence.
Cross-examined. I am a comedian, performing with the prisoner at the Rodney—I left my purse in my trousers pocket on the floor, and did not miss it till the Sunday morning—I heard that a young man was locked up for uttering a Hanoverian medal, and I knew that I had one in my purse—I have not got the 3l. back; I have not seen him since—I took no proceedings to get the 3l.—the prisoner's father did not come to me about it; I went to him because I was not content to let the money go—I told his father I should take proceedings against him—he did not pay me, and I have not got the money.
he worked at Latimer Clarke's and at Siemens Brothers', and at Kitson and Davis's.
Cross-examined. I am not aware that he stole this purse; he found it—I have returned part of the money—he has a very clever performing dog, and he told me to sell that and pay the money—Harris came and said that he wanted his money back, and I said that he should have it—I know that he has said that he has not had it, but he was a little bit flurried; he has had a sovereign—I have had a glass with him this morning, but no conversation on the case—I also saw him on the Monday week after he lost the purse, and that was not the first I heard of it, because his brother came and told me he was locked up—I did not know that my son had taken the purse till the Thursday after, when the landlady's brother told me—my son first told me about the purse and the 3l., and on the following Monday Thomas Harris came to me about it.
By the prisoner. When I went to see you in the House of Detention you said that you found the purse in the Rodney dressing-room, and you had heard from the policeman that it belonged to Thomas Harris.
Prisoner's Defence. I had not any more money—I thought it was a sovereign and put it on the counter—I was so excited when they said it was bad that I said "Give it to me back," and I felt in my pocket and found sixpence, and paid with that—afterward I contradicted myself and said that I found it in the purse—I did not know it was bad—I did not give it with an intention to defraud anybody—it is not likely that I should utter bad money when I had started that day at 31s. 6d. a week.
NOT GUILTY .
MR. CRAUFURD Prosecuted.
JAMES SCARBOROUGH . I assist James Watson, a hairdresser, of 2, St. Paul's Alley—on 6th February I served the prisoner with a cake of soap, which came to 3d.—he gave me a half-crown—Mr. Watson picked it up and tried it, and it bent—I gave him in charge with the coin—I recognised him as coming there 10 days previously, when he bought two cakes of soap and paid the girl behind the counter a half-crown—he got the change and left—I do not know whether the coin was bad or good.
SIDNEY ASHTON . I am running cashier to Charles Baker, of 82, Fleet Street, seven or eight minutes' walk from St. Paul's Alley—on February 26th the prisoner came in and bought a sixpenny handkerchief—he gave me a half-crown—I walked half-way to the desk, thought it was rather light, and bit it—I found it soft and gritty, and my teeth made a mark on it—I showed it to somebody in the office, and then gave it back to the prisoner and said "This is bad"—he said "Bad! I must have taken it in the Strand," and paid me with good money and left saying "I shall take it back; I do not see why I should be done out of a half-crown."
EBENEZER MARS (City Policeman 354). I took the prisoner on 26th February, about 11.30 a.m., at Mr. Watson's, and received this coin from Scarborough—he said at the station "I mean to make a clean breast of it. I have been let in the hole once before. I and two other men started this money from the Crown public-house, Seven Dials, with 18 half-crowns in our possession, all counterfeit, one of which I passed in the Strand, and another I attempted to pass in Fleet Street, and was detected
and the coin returned to me, and the next time I was given in custody. I have been convicted before at the Old Bailey, and sentenced to four months' imprisonment"—he described the two men, and said that they and another man passed 19 half-crowns at a public-house over the water a few nights ago, and one man was in for it—I found on him a good shilling and a penny.
Prisoner's Defence. I gave the information intending to leave the neighbourhood altogether.
GUILTY . He then PLEADED GUILTY to a conviction of a like offence at this Court in May, 1882. (See case of Williams and Twiss, page).
MR. CRAUFURD Prosecuted.
ANN LUCAS . My husband is a barber in Horseferry Road, and I keep a tobacconist shop—on Sunday, 18th February, about 7.30, I served the prisoner with a cigar—he put down a shilling—I saw that it was bad, put it in the trier, and ran out with it—as I went out, he said "Oh, I have plenty of small change"—I said "Half a minute," and went out, and while I was gone he made off—I had seen him in the shop a fortnight before, when he passed a bad half-crown for a 2d. cigar, and I gave him the change, and as soon as he was gone I found it was bad—I am sure he is the man—I put the half-crown in the fire, and it melted in two or three seconds—on the following Thursday at 12.30 p.m. I went to the station and recognised the prisoner—he was not put with other men only policemen—I gave the shilling to the constable—this is it (produced)—I noticed on both occasions that the prisoner has two thumbs on his left hand.
Cross-examined. I did not say at Rochester Row that you were not the party.
CHARLES ARROW (Policeman). I saw a description of the prisoner in the police information as wanted—I saw him on Thursday night, 22nd February, at the corner of Great Peter Street and Horseferry Road, and recognised him from the description—I said that I should take him for uttering a counterfeit shilling—he said "I know nothing about it"—he refused his address—he has two thumbs on his left hand, and also a deformity in his jaw.
JANE BARTER . I assist my father, a stationer—about 5 p.m. on a Saturday towards the end of January I served the prisoner with a twopenny packet of stationery—he gave me a florin—I gave it to my sister to get change, and she brought back a bent florin—I met her in the street with it, and the prisoner, who was waiting at the street-door, tried it between his teeth—I told him it was bad, and he went away with it and a penny packet of paper, which he paid for—I noticed that he had two thumbs on his left hand—I gave the florin back to him.
Cross-examined. I did not say at Rochester Row that I did not know you—I swore to you by your left hand—I did not know you by your face—I am not sure whether it was January or February.
REBECCA BARTER . On a Saturday about five weeks ago I saw the prisoner in the shop, and my sister gave me a florin to get change—I kept it in my hand and took it to a grocer's, where they bent it, but not in a tester—I took it back, met my sister in the street, and gave it to her—I never lost sight of it—she gave it back to the prisoner.
Prisoner's Defence. I know nothing about the shilling. I refused my address because I did not want my friends to know I was in trouble. She came to Rochester Row and said I was not the man. The constable said "Pull out your hand." I did so, and then she swore to me because I have two thumbs on my left hand. I was not there in January, but that will come out by-and-by.
He then PLEADED GUILTY** to a conviction of feloniously uttering counterfeit coin at this Court on 31st January, 1881, when he was sentenced to two Years' Hard Labour.— Five Years' Penal Servitude .
OLD COURT.—Tuesday, March 20th, 1883.
Before Mr. Justice Day.
MR. RIBTON Prosecuted; MR. BLACKWELL Defended.
LORD EUSTACE CECIL . I reside in Eccleston Square—on Saturday, 17th February, about 2 in the afternoon, I received this letter, with this paper enclosed, in the same handwriting as the letter. (Read: "Your lordship's arrival here has been occasion of pleasure to those other than your friends. Does it need your humble servant to intimate to you that you have enemies in London who will conceal themselves under the appearance of friendship? May I say that a few years since I received a great favour from your hands, and have been ever grateful. It is now within my power to return that favour tenfold, had I a sum of money which must exceed 30l., but need not exceed 50l. Believe this other than a hoax or an attempted swindle, for I assure your lordship you have determined and revengeful enemies in London, and it is within my power to thwart their movements against your lordship, but to do so will cost money, and I cannot afford to take it from my own little stock, otherwise your lordship should not have been troubled. If you will condescend so far as to incline to my appeal, you will one day know the benefit. At the end of this letter you will find a signature and mark, which if you will retrace your memory so far back as three years I have no doubt but that your lordship will recollect. Let your servant meet me with the money at the High Street Railway Station, Kensington, on Tuesday evening, the 20th instant, at 7 p.m. I will stand directly opposite the first-class ticket-office, and will have a piece of paper to fit to the one enclosed in this letter, which I will hold in my right hand. Rather tall, with short dusty overcoat. If this note should not be agreeable to your lordship, address 'A. E. P. Zuit, General P.O., London, E.C.' This letter is written from dictation. Beware to whom you confide the contents. I remain a well-wisher and an ever grateful friend.—J. W. Amherst. Agnum ecce Prologue Zuit.") I know nothing of the prisoner, I never saw him to my knowledge before this—I know of nothing with reference to the name of Amherst—I do not know to
what favour the writer alludes—upon receiving the letter I at once communicated with the police.
Cross-examined. I suppose I do, like other people, sometimes confer favours—I do not always remember them—there may be many persons in London whom I have benefited—I have given money in charity and various ways.
HENRY JONES (Police Inspector T). I received this letter and the paper from Lord Cecil on Monday, 19th February—on Tuesday, 20th, about 10 minutes to 7, I went to the High Street Station of the Metropolitan District Railway, and there saw the prisoner waiting in front of the booking-offices—I kept him under observation for some time; he had in his right hand a piece of white paper—I went up to him and said "Is your name George Amherst?" he said "No, are you from Lord Eustace Cecil?" I said "Yes"—he said "Oh, about the letter?" I said "Yes, I have come about the letter"—he said "I wrote it and I sent it, but it is not for me, it is for some one else; that some one else I have the greatest confidence in, I believe in him, and I shall be mute"—I said "Do you know Lord Cecil?" he said "No, I do not"—I said "I must make some inquiry into this, you will have to go to the police-station with me"—I took him to the station, and he was detained there—I showed him the letter; he said "Yes, that is it, I shall be mute"—I asked him to give an account of it or of himself; he declined—I then went to Lord Cecil, and the prisoner was subsequently charged—he then gave his name as George B. Calvert; he refused his address then, but gave it to the Magistrate in the morning, and I found he had been lodging there for 10 days or more—he was searched, but nothing was found on him but the piece of paper which corresponds with the piece contained in the letter.
HENRY REEVE . I am a clerk, of 5, Duke's Court, Bow Street—I know the prisoner, he was in the same employment—I think he left about last November—I know his handwriting—this letter is in his handwriting.
By the COURT. He was rather strange at times, that was noticed by some in the employment.
The prisoner's statement before the Magistrate was to the effect that he had written the letter at the dictation of a stranger who had called upon him. and that he thought in doing so he was doing a purely good thing.
The prisoner received a good character.
MR. BLACKWELL submitted that the letter contained no threat or menace, or anything that could be construed as a demand for money, but was simply an offer of information (See Reg v. Pickford, 4 Carrington and Payne).
MR. RIBTON referred to Reg v. Walton, Lee and Cave 292, and Reg v. Smith, 2 Carrington and Curwood.
MR. JUSTICE DAY on the authority of the latter case left the case to the Jury; the substantial question for them being whether in their opinion there was anything in the letter calculated to disturb an ordinarily constituted mind. The Jury found the prisoner NOT GUILTY , considering that there was not a sufficient menace or threat in the letter to disturb an ordinarily constituted mind.
MESSRS. POLAND and WARBURTON Prosecuted; MR. HICKS Defended.
DANIEL HOLMAN . I am a labourer, and live at 48, Great Wild Street—on 29th December I was in my room, when the the prisoner's wife came in with her throat cut open, and blood flowing from it like a fountain; it smothered me all over—she had been into my room before to tell me she could do my washing for me—she then went back to her own place, and I saw no more of her till she rushed into my arms with the blood flowing—I had heard her and the prisoner quarrelling about a quarter of an hour before, but I took no heed of it, as he was always knocking her about—she was thoroughly sober.
Cross-examined. I did not hear the prisoner come in that night—his wife had been doing my washing for about two months—she does not usually come for it, I always send it out to her—this occurred about 6 o'clock in the evening—I had been in my room since I came home in the afternoon, more than an hour before.
KATE HOLMAN . I am the daughter of the last witness—on the night in question I saw Mrs. Mullaley run into my father's room with her throat cut; she fell into father's arms; she could not speak—I had heard her and the prisoner quacrelling in their room about a quarter of an hour before—I did not hear what they said—she was quite sober.
Cross-examined. The quarrelling only lasted a minute—I don't know what time the prisoner came home that night—I heard him go downstairs directly after this occurred—I know it was quarrelling that I heard, because they were jawing one another.
MICHAEL HAYES . I live at 48, Great Wild Street, and am a labourer—the prisoner and his wife lodged there—they occupied the third floor front—the youngest child lived with them, the other girl was in service—as long as I have known the prisoner he has been working at the same labouring business as myself—on 29th December, about 6 o'clock in the evening, I was down in the passage by the street door—the prisoner came down stairs and said he had cut his wife's throat—I did not believe it—I said "What do you mean?"—he said "I have done it, look at my hands"—there were stains of blood on them—he said "You go up, I will stop here till you come back"—I went up and found the woman lying with her legs in Holman's room and her head in the passage—a handkerchief was over her face; I lifted it up and found she was all over blood—she could not speak; her breath was coming through the windpipe—Dr. Mills came first, and then Dr. Griffin, and he sewed up the windpipe—I stopped till the inspector came, and then went downstairs; the prisoner was not there.
Cross-examined. He was rather excited when he spoke to me—I did not see any signs of drink in him; he was all of a tremble—he appeared to be sober—I was sober myself.
HENRY TILDERSLEY (Police Sergeant E 10). A little after 6 o'clock on the evening of 29th December I was at the Bow Street Station; a woman fetched me to 48, Great Wild Street, and in the top floor front room I found the prisoner's wife lying on the bed with her throat cut—I at once sent for Dr. Mills, the police surgeon—I afterwards went in search of the prisoner—I found him at the Five Dials, standing in the street, about a quarter of an hour afterwards—I laid hold of him and said "What is your name?" he said "All right, I know what you want; I have done it and don't deny it"—he was drunk—his hands were covered with
blood, and his face flushed—I took him to Bow Street Station—we led him there; he could have walked; he staggered; he was very excited, all of a tremble—when the charge was read over to him he said "I have nothing to say to that, it is right"—I afterwards went back to 48—I noticed blood about—there was some blood on the floor in Holman's room—I found this knife on the table in the prisoner's room; it is an ordinary table-knife—it was covered with blood, partially dry—I helped the woman to King's College Hospital.
Cross-examined. The prisoner was suffering from drink and excitement combined—he was sober enough to walk, but staggered; he was staggering drunk.
TIMOTHY BOYLE (Police Sergeant). I was with Tildersley when he arrested the prisoner—I noticed blood on the palms of his hands—at the station he took this white-handled pocket-knife from his pocket and said "Here is a knife, but not the one I did it with; it is a bad job; well, it is enough to make any man do it when he comes home and finds his wife drunk in another man's room; I don't deny it; I could have washed the blood off my hands had I liked"—I made this memorandum of what he said at the time—I did not put any questions to him—he appeared to know what he was saying, but in a state of confusion—I saw no sign of blood on the pocket-knife.
DENIS NAYLAND (Police Inspector). I took the charge; it was read over to the prisoner—he said "I have nothing to say to that, I know I have done it"—he was examined by Dr. Mills a short time previous to the charge being taken—I said to the prisoner "This is the doctor"—he said "Is she dead yet? I came in and found her in another man's room with him; they asked me to have some beer, but I would not go in; I made her come to her own room; I had asked her before not to do it with this man; when she came into our room I said I would cut her b—throat; I had the knife in my hand, and did it, but I did not think I had done it"—he said that without being asked—he was drunk and confused.
SAMUEL MILLS . I am divisional surgeon to the police—I went to 48, Great Wild Street on this evening, and saw the woman there—she had in the throat an irregular horseshoe-shaped wound on the right side, extending to the left; it was a deep wound severing the upper part of the windpipe—there was also a superficial wound on the left side of the jaw, and a deep wound on the lower lobe of the left ear—there were also wounds on the tips of every finger of the left hand, and two deep ones on the thumb of the left hand, also one superficial wound across the little finger of the right hand—she had lost a great deal of blood—the principal arteries were not severed, only the veins—considerable force must have been used—I dressed her throat, and she was taken to King's College Hospital on the ambulance—her life was in danger—I saw the prisoner at the station; he was drunk—I noticed blood on his hands—he said "Is she dead?"—he said it in a very indifferent tone.
ROBERT GARNER LYMAN . I am house surgeon at King's College Hospital—the woman was brought there on the evening of 29th December—I attended to her—I have heard Dr. Mills's evidence; it is correct—the bleeding had ceased when I saw her; the windpipe was almost severed, not completely—I had to put in a tube—her life was in danger—the injuries were very serious—she is practically out of danger now—
she cannot speak; she will probably never be able to speak above a whisper—she still has the tube in her throat.
Cross-examined. I have only been able to converse with her in whispers—if she is excited you cannot understand what she says; only those near her can understand her.
HENRY TILDERSLEY (Re-examined). I have made inquiries as to the prisoner's character; it has been that of a quiet industrious man for 30 years—I have had no complaints whatever about his character—he has been working for the same firm 30 years—they speak of him as a very quiet harmless man; they were surprised to find him in this position—I have been on duty in the neighbourhood four years; it is a very rough one—the prisoner has never been in custody—I never knew him as a drunken man, or associated with rough people—I should have been sure to know if it had been so.
GUILTY on the Second Count.— Eighteen Months' Hard Labour .
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
LOUISE ESTHER MUSGRAVE . I am the wife of Edgar Musgrave, and live at Linden House, High Road, Finchley—on Friday, 8th December, about 8.10 in the evening, I left my house to go to Mr. Field's, in Lermitte's Lane, to pay some money—I had a purse in my pocket containing two 5l. notes, 5l. in gold, and over 3l. in silver and copper; also a letter and a number of things—as I proceeded from the gate I saw a man pass me; then I saw a woman with a white apron and a white shawl thrown over her shoulders—after I had gone a short distance I heard a shrill whistle; then I saw what I thought were two big boys playing snowballs—after I had passed the last house the prisoner and another man came across the road—the other man was not quite as tall as the prisoner—he had on a light coat, the same as the prisoner has on now, and the same kind of cap—they came up to me, and the prisoner asked me if they were on the road to Barnet, and would I give them some coppers to get a bed—they said "We saw where you came from"—I said "If you saw where I came from, I will return and get assistance"—they said "Will you, by God"—they caught me by the back hair and dragged me backwards—I struggled and got away from them—I tried to cross the road; they blockaded me with their arms so that I could not get home—I then turned and ran up the next lane, thinking I could get to some cottages, but when I was a few yards up the lane the prisoner caught me, put his foot out, and I fell, and in falling my left leg was doubled up underneath me—I screamed for help—the prisoner took up some mud and smeared my face with it—all my under-linen was torn—he dragged my left arm from underneath me, and pulled at my finger to see if I had any rings on—I had not—my finger is quite out of joint now—he swore most dreadfully while he was doing this—he put his hands underneath my clothes—my under-linen was dreadfully soiled with his hands—he pulled my clothes about to find my pocket—at last he succeeded in finding it, and he ripped it from my dress—the purse was in it and the money—I remember nothing else; I became unconscious—I was very much injured, and was unable to leave my bed for a fortnight, and after that I was still very ill—I did not have a doctor at first; I
thought I could do without one, but after going to Woodford, and exerting myself to walk there, it so injured me that I was confined to my bed for nine weeks—I gave a description of the prisoner and the other man as well as I could—it was a starlight night, and the snow being very bright on the ground I was able to recognise the prisoner directly I saw him again—I have not the slightest doubt about his being the man—on 2nd January I went with Inspector Smith to Woodford Petty Sessions, and into a room where there were seven men besides the prisoner—I was asked if I recognised any of them as the man that knocked me down, and I pointed the prisoner out directly—I am perfectly certain of him.
Cross-examined by the Prisoner. I did not at first shake my head and say I did not know any one—the inspector did not nod his head towards you, and tell me to come and touch you—the sergeant in charge told me to touch you, and I did.
Re-examined. The inspector did not point him out to me; he stood at my back—I pointed him out directly, and then I was told to touch him.
FRANK ERNEST WOODS . I am a butcher, of Market Place, East Finchley—about 8.15 on Friday, 8th December, I left my shop to go to the Green Man—on turning the corner of Lermitte's Lane I saw something lying across the footpath—I went up, and found it to be Mrs. Musgrave—her head was in the hedge, and her legs in the gutter—I tried to lift her on her feet—she said she could not stand—her bonnet was off, and her clothes were torn open, her breast bare, and her hair all down—I left her sitting there, and ran through the shrubbery to Mr. Field's—on my return she had fallen back and was unconscious—I and Mr. Walter Field carried her home.
MATILDA SMITH . I am a laundress, and live at Long Lane, Finchley—on Friday morning, 8th December, about 7.30, I saw the prisoner and his young woman in Long Lane in the neighbourhood of Mr. Musgrave's and Mr. Field's—I have known him from a boy; he lived with his mother close to me.
GEORGE FRY . I am a plumber at East End, Finchley—on Saturday morning, 9th December, about 7.40, I was walking along with Richard Pigeon, and met the prisoner at East End—I have known him 12 or 15 years.
Prisoner. He did not see me; I was at Woodford at the time.
RICHARD PIGEON . I am a dairyman, at 6, Trinity Road, East End, Finchley—I know the prisoner—on Saturday morning, 9th December, about 7.45, I was walking along Long Lane, and saw the prisoner; he was alone.
ALEXANDER SMITH (Police Inspector S). On Thursday afternoon, 7th December, about 3.45, I saw the prisoner in Long Lane, Finchley, with Jane Game—I knew him before—on 2nd January I went with Mrs. Musgrave to Woodford Petty Sessions—the prisoner was in the room with seven other men—they were men I had brought in to put with him—some were prisoners, and others that came in—after they were placed in the room Mrs. Musgrave was asked to come in, and asked if she knew anyone present—she said "Yes, that is the man"—I was standing behind her at the time—Inspector Manning told her to touch the man, and I afterwards said "Touch the man you identify," and she touched the prisoner, and said he was one of the men that assaulted and robbed
her—he said "I am innocent of it; I know nothing about it; I came to Woodford on Friday, the 8th"—that was afterwards, at the time he was charged with committing the robbery on Friday, the 8th.
Cross-examined. I knew that the lady was coming to pick you out.
FREDERICK FOX (Police Sergeant). On 1st February I arrested the prisoner as he was leaving St. Albans Gaol—I said "I am Sergeant Fox; I shall apprehend you for being concerned with another man in violently assaulting and robbing Mrs. Musgrave at Long Lane, Finchley, on Friday, 8th December last, and stealing from her two 5l. notes, about 5l. 10s. in gold, and 1l. in silver"—he said "You are on the wrong track; I suppose it is because I have been in trouble before"—I said "No, it is because you answer the description, and the lady has identified you"—on the way from Woodford to Finchley he said "I was not there at the time; I was a long way off; I can prove it by the Church-end inspector; he saw me in Long Lane on the day I was leaving"—I took him to Finchley, and he was charged—on passing Finchley Station he pointed to Inspector Smith, and said that he had met him in Long Lane on the Thursday, the day he was seen, and that his woman was with him at the time; that he then left, and went through Hendon to Edgware Road, where he got a ride in a brewer's van to Woodford, and he said "I have not been back since; I am innocent."
ALLEN GREEN . I keep the Lamb beerhouse at High Street, Woodford—I remember the prisoner coming to my house one Friday night in December, about 8 o'clock or a little past, with a woman who passed as his wife—I cannot tell whether it was the first or second Friday in the month—they slept at my house that night—on the Saturday evening the prisoner made a disturbance, and I sent for Sergeant Purkiss on the Sunday—they did not sleep there on the Saturday night.
Cross-examined. You were not smothered with snow when you came—I did not get a broom and sweep it off the hearth; there was no snow—your wife was wet-footed.
CHARLES PURKISS (Police Sergeant, Herts Constabulary). On Saturday, 16th December, a report was made to me of a disturbance at the Lamb beerhouse—on the following day, Sunday, the 17th, I went there, and saw Mr. Green; he gave me information, and afterwards, on that same Sunday, I arrested the prisoner—he was taken before the Magistrate on Tuesday, the 19th, and discharged—he was afterwards committed for some other offence.
A letter written by the prisoner to the Magistrate's Clerk at High gate was read, stating that on the 7th December he and Jane Game slept at his mother's house at Long Lane, Finchley, and on the 8th they left to go to Woodford, and slept there that night at Green's; that on the 9th he had some words with the landlord, and went to Bell Yard, where they remained for a week, and then it was that he met Sergeant Purkiss.
The following witnesses were called by the prisoner:
JANE GAME . We stopped at Mr. Green's place on 8th December—on the Thursday afternoon about 5 o'clock we went to the prisoner's mother's because we were so wet with snow—we stopped there all night—between 7.30 and 8 o'clock next morning we went away and walked to Kilburn and Edgware, and while resting at the Boot public-house, who should come by but a brewer's man from Woodford who knew Dave, and he gave us a lift there—we went to the Lamb public-house, Mr. Green's,
where we had stopped all Friday night—on Saturday morning I spilt a drop of broth on the floor and there was a piece of work—Dave said "They are too particular here," and we went to Burrow's Buildings, nearly opposite, on that Saturday afternoon, the 9th.
Cross-examined. We were not at Finchley at all on the Saturday, we were at Woodford—the prisoner was taken in custody on Boxing Day and had a month—he was never taken in custody and discharged—he was taken for stealing a rabbit, and discharged—that was on the Sunday week after we left the Lamb—we had been sleeping that week at Burrows Building's, that was where Mr. Purkiss came to him.
GEORGE RIXON . I gave the prisoner and Game a lift in my van—I could not say what day it was, I know it was in December—there was snow on the ground in places, and it was very sloppy—we got to Woodford about 7—I could not say what day of the week it was, or how long it was before Christmas.
MARY DILLEY . I am the prisoner's mother—on 7th December he slept at my place with Jane Game—on 8th December, about half-past 7 in the morning, he went away from my place—he sent me a letter on the 9th asking me to send him a few stamps—I don't know what day it was—we had not got any money, and his father went to his brother's and asked him to let him have a shilling.
Cross-examined. I don't know whether it was on the 9th or 12th that I received the letter—I have not got it, I can't read; a lady at Finchley, Mrs. Serge, read it to me—she is not here.
JANE GAME (Re-examined). I lost a pawn ticket, and I went next morning and got an affidavit—it was pawned on Friday morning at Kilburn on the 9th in the name of Ann Smith, this is the affidavit—I made the declaration on the 27th February—Mary Dilley was with me as a witness.
The prisoner in his defence denied having anything to do with the robbery, and asserted that he was at Woodford at the time.
GEORGE FRY (Re-examined). It was on the Saturday morning that I saw the prisoner at Finchley, I was going to my work and Pigeon was with me—I heard of the robbery in the after part of the same day, and heard the prisoner's name mentioned, that brought the thing to my mind.
GUILTY . He also PLEADED GUILTY to a previous conviction at Chelmsford for highway robbery on 2nd December, 1880, in the name of David Smith , when he was sentenced to Fifteen Months' Hard Labour.— Ten Years' Penal Servitude .
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. HOPKINS defended Wilmot, and MR. BLACKWELL Parsey.
ISABELLA CRANE . I am single and live with my father, who is a builder and contractor, at 97, Mortimer Road, Kingsland—on 24th February, about half-past 6 in the evening, I was in Mortimer Road alone—I was coming from home and had 20l. in silver in a bag—I was in the habit of carrying money every Saturday—on this occasion I was attacked by two men on my right side; one passed behind me to the left and held me by my collar with his right hand, and knocked me about the forehead and side of the head with has left—the one on my right struck me six or seven times, and passing to the front he put his hand on my bag and said "I know you, I want this"—I said "You won't have it," and I struck him in the face—a third party came up and struck me in the face, then passed behind me and I felt a kick behind—I was thrown down and they rolled me over and over till they took the bag from me—the prisoners are the two men that did this—Parsey came up last—Wilmot came up first with one not in custody, I did not see that man's face—it was Wilmot that I struck—I struck him in the mouth, and the blow took off the kid from the knuckles of my glove, as if it struck against his teeth—I got up and followed them as far as I could, but I became exhausted and was obliged to stop—I saw a doctor, he is attending me now—I was very much bruised about the face and head—besides the bag I lost a gold neck chain and locket—the same evening I gave a description to the police of the three men as well as I was able—on 5th March I went to the police-station, and there saw Parsey among a number of others, I think eight besides him—I looked round and said "That is the man," I picked him out—they asked me to touch him, and I touched his arm—I afterwards went to the police-station at Clerkenwell and there saw Wilmot with six or seven prisoners—they asked me if I saw any one there I knew, and I said "Yes, that one," and I pointed him out—I have not the slightest doubt that the prisoners are the two that took part in this assault—the money was my father's, the jewellery was my own.
Cross-examined by MR. HOPKINS. I was in the habit every Saturday for the last two years of carrying money in the bag from our house to the wharf in Hertford Road, which is about five minutes' walk from the house and about two minutes' walk from where this happened—the bag contained the workmen's wages; I pay them—the one not in custody held me behind, rather at the side, and struck me—I did not see his face, and I should not like to be positive to him—Wilmot struck me seven times about the side of the head with all his force—it did not knock me down—my head was very much bruised and swollen—it was not dark; it was dusk—there was a lamp nearly opposite—I was not at all confused; I was perfectly cool—the affair lasted fully five minutes.
Cross-examined by MR. BLACKWELL. I had been struck seven times by Wilmot before Parsey came up—I was shaken by the blows, but I was able to know Parsey when he came up—he looked me full in the face, and then struck me in the face—it was 6.30 when I left Mortimer Road—I looked at the time as I passed the Mortimer Arms—it was nine days after when I saw Parsey at the Dalston Police-station.
Re-examined. I knew him directly, the instant I went into the room—I am equally sure of Wilmot.
EDMUND HENRY PETTIFER . I am a registered medical practitioner—on the evening of 24th February, between 7 and 8 o'clock, I was sent for to see Miss Crane—she was considerably bruised about various parts of the head and face, the chief injury being on the right and about the right temple—they were such injuries as might have been done by several blows with the fist—there was one peculiar mark on the forehead, as if the person had a ring on his finger—I have attended her up to the present time—she suffered very considerably from the injuries and from the fright and the shock to the system—she is still under my treatment.
HENRY SPACKMAN . I am a carman, and live at 40, Pelham Street, Hoxton—I know the prisoners—on 17th February I saw Wilmot outside a public-house in Downham Road, Kingsland, with others—Wilmot asked me if I would make one to get 50, it would be worth having—Miss Crane's name was mentioned—a lot of people knew that she carried this money to pay her father's men—Wilmot did not say anything about Miss Crane—I don't know who mentioned her name—Wilmot asked me if I would make one in robbing Miss Crane—I said "No, I have had one month; that is enough for me"—I know Parsey—I don't know if he was there—I know Wilmot and Johnston were—I can't say that I have seen Wilmot and Parsey together.
Cross-examined by MR. HOPKINS. I have never been in trouble except the one month—that was for stealing some brushes in a coffee-shop in Kingsland Road two months ago—this conversation was on a Saturday, about 3.30 or 4 o'clock—we were laughing and joking together—I have known Wilmot by working—I did not give information to the police about this—I told them when they came round to me that Wilmot had asked me to make one—they call me Darkey as a nickname—I don't know who mentioned Miss Crane's name; I did not—Johnson did not—he said he had had one month, and he did not want to get 15 years—he and I were charged together—I have not seen any of the others since—I don't know who they were—I have seen Johnston every day—I have not talked to him about this matter—he knew that Miss Crane carried this money; we all knew about that; he is an old friend of mine—I have seen him nearly every day since this occurred—Wilmot walked away when I said I had had one month, and that was enough for me—I did not expect that the robbery would take place—I did not inform the police or warn Miss Crane or her father.
CHARLES JOHNSTON . I live at Kingsland, and am by trade a farrier—on Saturday, 17th February, I was outside the Duke of York with Spackman, Wilmot, and several others who I did not know—we were talking about one thing and another, and Wilmot asked Darkey if he would have a go for it—Miss Crane's name was mentioned—Darkey said "No, I have had one month, and that is enough"—Wilmot said "Fifty is worth having"—he turned to me and said "Will you not have a go, Charlie?"—I said "No, I don't want to do 15 years," and I said it would be rather a long run in Mortimer Road—I know Parsey; he and Wilmot are acquainted—I have known them both for several years.
Cross-examined by MR. HOPKINS. I have been in trouble; I had a month's imprisonment—I can't say who mentioned Miss Crane's name; I will swear it was not Spackman—I won't swear it was Wilmot; I don't know who it was—I had no impression that there was any intention to commit this robbery—the thing had been mentioned about Kingsland
for months, about robbing her, by a good many people—they all knew that she carried this bag—I dare say 20 or 30, or 50 or 100 people have mentioned it—I did not give information to the police or warn Miss Crane or her father—I did not see Wilmot again till he was in custody—when I said it was a long run I meant from Miss Crane's house—if it had been a short run I might have had a go for it myself.
Cross-examined by MR. BLACKWELL. I have not talked this matter over with other persons—I have spoken about it at other times—I don't know that any of those persons are missing.
JOHN NIFTON . I am a cow-keeper, of 109, City Road—about 11 o'clock in the evening of 24th Feb. I saw Wilmot outside the Britannia public-house—I noticed that his lips were swollen—I said "Wilmot, you have had a smack in the mouth"—he said "Yes, I was fighting yesterday"—it appeared to be recent.
JAMES ARMSTRONG (Police Sergeant). I took Wilmot into custody on the night of 25th February, in Kingsland Road—I said "I shall take you into custody for being concerned with others in assaulting and robbing Miss Crane last night—he said "Oh, I know nothing about it; I was at home all day brushing my clothes after I got in the dirt"—he gave his address 10, Watson's Place, Ware Street, Kingsland—that is about seven minutes from Mortimer Road—on 5th March I arrested Parsey—I told him the charge—he said his mother could prove that he was at home—he gave his address 25, Ware Street.
Witnesses for the defence of Parsey.
ELLEN PARSEY . I am Parsey's mother, and live at 25, Ware Street, Kingsland; my son lives with me—on 24th February he came home about half-past 6 o'clock to have some tea—I should think he remained there till going on 8 o'clock.
Cross-examined. He had pulled a load home from Spitalfields Market that day for 1s.—he is a costermonger—sometimes he comes in earlier, sometimes later—he was taken into custody on the Monday following, I think, the 5th of March—I am sure it was the Monday following—he told me before he was taken into custody that Mr. Nifton suspected him and said, "George, I think we shall want you"—he said "I will soon clear my point, that I know nothing about it"—that was two or three days afterwards.
Re-examined. There had been a certain amount of talk about the robbery—it was the very night it was supposed to have been done that he came home and had his tea.
By the JURY. I can fix the time because I am bringing up a little girl, and her mother came for her just as I was going to take her home.
JANE PARSEY . I am the wife of Parsey's brother—on the evening of 24th February, about 6 o'clock, I was at Parsey's mother's—the prisoner came home about half-past six—I remember the time because I had to meet my husband at 7 o'clock at the Plough, and I sent my little girl to see what the time was, and she said it was 6.30—it is about 10 minutes to a quarter of an hour's walk from the place at Hoxton to Kingsland.
Cross-examined. I live at 47, Canterbury Road, Ball's Pond—that is about 20 minutes' walk from Ware Street—I go to see Mrs. Parsey on Saturday, to pay for a child she is bringing up—I go at different times—the prisoner lives there—I have seen him come in at various times—I
did not hear he was charged with this till the day after he was in custody—I attended before the Magistrate, but I was not called.
SARAH PRICE . I live at 27, Ware Street, Hoxton—on Saturday, 24th February, I saw Parsey at 20 minutes past 6 come into the Queen's Head, at the corner of New Street, Hoxton—he asked for some ale, put his penny down, drank his ale, and went out—that is about five minutes from where he lives—I saw him go out, and then me and my husband went home—I live two doors past him, and he was on the threshold of his own step waiting for the door to be opened—that was immediately afterwards.
Cross-examined. I don't know the Mortimer Road, or where Miss Crane lives—Parsey is my cousin—I remember it was the 24th because when he was blamed for this it was on the same Saturday I had seen him I saw him taken out of the Garibaldi on the Monday week—I don't know if it was the next Monday or the Monday week after I had seen him having the half-pint of beer.
WILLMOT— GUILTY .— Eighteen Months' Hard Labour, and to be twice flogged with 25 strokes .
PARSEY— GUILTY .— Six Months' Hard Labour , and once flogged with 25 strokes .
409. SAMUEL BROWN (52) , Unlawfully assaulting William Sutton. Other Counts, for having about his person a loaded pistol, with intent to murder William Sutton, with intent to do him grievous bodily harm, or with intent to assault him.
MR. POLAND Prosecuted.
The prisoner had been convicted in December (see p. 257) of feloniously attempting to discharge a loaded pistol against William Sutton, with intent to murder; but the point as to what constituted an attempt was then reserved by MR. JUSTICE STEPHEN for the Court for the Consideration of Crown Cases Reserved, and the conviction was quashed by that Court.
MR. JUSTICE DAY doubted whether the prisoner could be again tried on the same facts after such a result, but MR. POLAND having pointed out that the indictment was now for a misdemeanour at Common Law (Q. v. Roberts and Q. v. Williams in Dearsley's Crown Cases) the case was proceeded with.
The witnesses repeated the evidence they had given at the former trial.
GUILTY of an assault.— Twelve Months' Hard Labour, and to be further detained in custody until he can obtain sureties of 100l. himself and two of 50l. each.
NEW COURT.—Tuesday, March 20th, 1883.
Before Mr. Recorder.
411. SARAH TURNER [Pleaded guilty: see original trial image]** to two indictments for stealing five yards of cloth of Samuel Davis , and one piece of cloth of George Palmer, after a conviction at Newington in 1871.— Twelve Months Hard Labour . And
THIRD COURT.—Tuesday, March 20th, 1883.
Before Mr. Common Serjeant.
MESSRS. LLOYD and DE MICHELE Prosecuted.
HARRIETT DOUBLE . I am the wife of James Double, of 56, Bedford Street, Mile End—on 28th February, between 9 and 10, the prisoner came in for two pieces of fish and potatoes, which came to 2 1/2 d., and she offered a shilling in payment, which I bent in the tester—I showed it to my husband, and he asked if she had any more about her; she said "No"—my husband passed me the shilling, and she went to the door without either the articles or the change—my husband followed her before she got off the step—I gave her into custody at the door—I gave the shilling to the police-constable—she was taken to the station, and then discharged.
Cross-examined by the Prisoner. I said at the police-station I did not wish to press the charge, as you were a customer.
JOHN BAKER (Policeman P 280). The prisoner was given into my custody by Mrs. Double—I produce the bad shilling which she gave me—I said to her "I shall take you into custody for attempting to pass a counterfeit shilling;" she said nothing at the time—at the station the said "If I had known it was a bad coin I should not have given it to the lady, as she knows me as a customer"—the inspector asked if she had any money about her; she said "Yes," and produced 6d. in silver and 3d. in bronze—she was not searched—Mrs. Double said she did not wish to press the charge.
Cross-examined. You did not say that what was in your pocket was not yours.
JOHN KELLY . I am the manager of the Edinburgh Castle Coffee Palace, Rhodeswell Road, Limehouse—the prisoner came into the coffee palace on 2nd March, at about 9.45 p.m., and called for tea and cake, which came to 2d.—she tendered a bad shilling, which my servant, Mary Hilton, handed to me—I said to the prisoner "Have you got any more bad money?" she said "No"—I said "Where did you get this?" she said she got it for doing a day's washing—I cut it in four in the bread machine, and returned it to her—I nicked it and bent it together—the moment she saw the girl give me the coin she put a good twoshilling piece on the counter—I ordered her out of the place, and told her not to let me see her again.
Cross-examined. The coin was nicked and bent into four, it was not in four pieces—I put it into the machine, which is a powerful one for cutting bread.
MARY HILTON . I am servant to Mr. Kelly—the prisoner called for a cup of tea at the time in question and a halfpennyworth of cake—I told her we did not make halfpennyworths of cake, but pennyworths—she tendered me a bad shilling—I put it between my teeth, and found it gritty—it bent in my mouth—I did not notice whether my teeth made a mark on it—Mr. Kelly took it to the bread machine, and bent it in four with the machine knife—it was cut in four places, but it was all together.
—I saw her join a man—he was taken up and discharged by the Magistrate—she joined him on Victory Bridge, Ben Jonson's Road—I followed them, and the man went into a public-house in High Street, Stepney—the prisoner walked on, and the man afterwards came out and joined another man—he called out to the prisoner "Mother," and she came back—he was a middle-aged man—they all three went into the Angel and Trumpet public-house, and I spoke to a policeman.
GEORGE CROMPTON (Policeman H 339). In consequence of what Hannah Arthur said to me I went after the three persons and found them in the Angel and Trumpet, High Street, Stepney—the prisoner was one of them—I told them I should take them all into custody for uttering a bad shilling in the Edinburgh Castle—they made no reply—at the station I asked the prisoner if she had any more money about her—she said "Yes," and she put her hand into her pocket and pulled out 5s. 9d., 2s. 3d. of which was in copper, a shilling in silver, four sixpences, and two threepenny pieces.
WILLIAM WEBSTER . This is a bad shilling—a bad shilling is gritty when put between the teeth, on account of the tin which is mixed with it—you could not make a sufficient impression with your teeth on a good one to make any sound—it would be much easier to cut a bad shilling in a machine like that referred to than a good one—it depends what force is used—you might cut a good one right through if you used considerable force—if it were cut easily, without force, I should say it was counterfeit.
The prisoner in her defence said that Mr. Kelly gave her the shilling bent, but not cut, and the one she gave for the fish she did not know was bad.
FOURTH COURT.—Tuesday, March 20th, 1883.
MR. FULTON Prosecuted; MR. F. J. LOWE Defended.
JOHN TERRY . I trade at 31, Milk Street, as John Terry and Co., woollen merchants—the prisoner was a clerk in my service up to 8th February—he had been with me about four years, but only a short time as clerk—I was absent from business on that day—he gave no notice of leaving—his duty was to receive cash brought by customers and enter it into his cash-book and on to the paying-in slips for the bank, and pay it into the bank—he would be checked by the pass-book, the counterfoil, and the cash-book—he left the books in a very unsettled state—the result of casting-up one with another was 15l. 10s. short—I know his handwriting very well—I caused inquiries to be made in respect of sums received by him—I produce two receipts in his handwriting, one for 2l. 15s. from Coverdale, and one for 11s. 8d. from Le Sage, both on 26th January—these paying-in slips, from 22nd January to 9th
February, are in prisoner's handwriting, except the last one, which is on the day after he went away—I have examined them; there is no record on them of those two sums, and there is no entry in the cash-book or pass-book of them—Mr. Coverdale's was brought to my knowledge on 26th February, the day before the prisoner was apprehended—information was given to the police and a warrant issued.
Cross-examined. There was no regular day for the prisoner to pay money into the bank—he kept the books from July, 1882—until this I had no complaint against him—he was always very punctual in the discharge of his duties and regular in attendance—he stutters very badly—he used to balance his books monthly—he did so on 31st December; they were then quite correct—I never gave him blank cheques to fill up in case he wanted cash for the cash-box; nobody with my authority ever gave him a blank cheque—I do not know whether he used to advance money to his fellow-servants—I have never seen any memorandum book; I have had notice to produce it; I don't know whether such a book was kept, I never heard of one—I suppose they borrow from their fellowservants—I don't know if Buswell is here—he is a salesman in my employ—my son takes charge of the business when I am away—Buswell has authority, but not to dismiss any servants—I saw him at the ware-house when I came away—I believe he was present at the Mansion House, and has been subpoenaed to attend here—I did not say the prisoner was dismissed—I Know from the letter you have there that Buswell told him to go—I did not inquire of Buswell whether it was true—I did not communicate with the prisoner the day after he left—I don't know if anybody did on my behalf on the day after 8th February, requesting him to return—I was not there the day he left or the day after—I believe a telegram was sent by some one, I don't know who sent it; it was not charged for in the petty cash—I believe it was to ask if he was ill—I returned to business on the Friday, I think; the 8th was a Monday—during that interval I don't know what took place at the office—the room where the prisoner sat was in the warehouse, enclosed by a partition—he had a desk and cash-box—no one else had a right to be there—people could get there if they wished—another clerk, Thomas, used to sit on the other side of the counting-house, no one else—the office was open to other of my servants—I accused the prisoner at one time of being 20l. short, because when I examined the books I saw a good deal of money short, but I had not particulars, and I wrote to his mother, whom I have known for some time, to that effect—this is the letter—I mentioned in it "Meeking and Co., 3l. 2s."—I did not find anything about that—the prisoner never paid Buswell's wages—I have paid Buswell by cheque ever since he has been with me—I do not know that Buswell used to borrow from the prisoner—I did not know that Buswell had dismissed the prisoner; he had no authority to do such a thing—the statement by the prisoner was called to my attention; I made no inquiries in consequence of it—the prisoner said in the letter that Buswell told him he had better go home, as he was no use there—Buswell is not here—he is in my employment still—the prisoner had left a fortnight when he wrote this letter—I received it on the 20th—I thought it was an improper letter to write to me—I did not see this memorandum on the desk—Thomas is here—I looked in the prisoner's desk three or four days after he left—there were papers there—there was money in the cash-box
—he left the key of it behind him—it was locked when I went to it—I have a key of it myself; I think my son had the prisoner's key; there was no other key—I said at the Mansion House he absconded—he went away without my knowledge; he left the key on the desk; my son or Thomas told me—I did not allow salaries to be paid before due, but it has been done—I paid the salaries—I compared the cash-box with the counterfoils and receipts, and found a deficiency of 15l. odd.
FREDERIC COVERDALE . I live at 132, Teviot Street, St. Leonards, Bromley, and am in the employ of Messrs. Scarrot and Co.—on 26th January they were indebted to John Terry and Co. 2l. 15s.—I paid that money to the prisoner, and he gave me this receipt.
EDWIN LE SAGE . I live at 3, Robinson Road, Victoria Park—on 26th January I was indebted to Messrs. Terry and Co. 11s. 8d. for some material—I paid it; this (produced) is the receipt the prisoner gave me for the money.
JOHN DAVIES (City Detective Sergeant). I received a warrant for the prisoner's apprehension—I took him into custody on 2nd March on this charge—he made no answer in reply to the charge—I conveyed him to Bow Lane Station with Underwood, another officer—he made no reply to the charge there.
Cross-examined. I know he stammers; I think he talked very well in the train, not on this matter.
JOHN TERRY (Re-examined by MR. LOWE). I had a boy named George in my employment; he was not prosecuted for larceny—Jones was prosecuted for larceny about three weeks ago, after this boy had left—he was convicted.
By MR. FULTON. That was for fictitious orders—he had been with us five or six years.
NOT GUILTY .
NOT GUILTY .
MR. TURTON Prosecuted.
RICHARD MILLS . I am a labourer at Kampton, near Bedford—on 22nd February, about 9 or 10 o'clock, I was in the St. Pancras Road and met the prisoner—I asked him to direct me to Westminster, and then asked if he would have half a pint of beer for his trouble—we went into a public-house and had beer there—when we came out I was going to a urinal; before I got there I was knocked down by the prisoner and ransacked, and 21s. taken from my pocket—I felt his hand in my pocket.
Cross-examined by the Prisoner. That was the first house we went into—we had one pint and some tobacco—I only went into one house—there were no other men outside; there was a man inside who helped to drink the beer—your hand was in my left-hand waistcoat pocket; you knocked me down and put your hand in my pocket and handed the money over to your chum in the house—I called out "Police!" and the landlord came and I gave you in charge—I can't say if the other man ran up or down the street—you did not run because I had you.
prosecutor, and a third man came into my house and had some beer, for which the prosecutor paid—I saw him go out—my suspicions were aroused; I watched them and saw them go up a dark court—I went into my private parlour and opened a door which leads into that court—they all three stood against the wall, and then the two knocked the prosecutor down—I could not see who did that—he called out "Murder!" and "Police!" and I ran out—the prisoner was on the prosecutor holding his hands down, and the other one was on his feet—I was about 20 yards off; I could not see if the prisoner had his hands in the prosecutor's pockets.
Cross-examined. You did not try to rob the man in my house—you followed the other two out; you did not wait two or three minutes before doing so—you all three came in together—Mills was not drunk; you were all three perfectly sober when in my house.
HENRY SALMON . I live at 8, St. Pancras Road, and am an hotelkeeper—on the night of 22nd February I was in the beershop and went into Welles Court when the prisoner and the other men had gone out—I saw the prisoner knock the prosecutor down and jump on the top of him—the prosecutor cried out "Murder!"—I did not see the prisoner rifling his pockets.
Cross-examined. I had just come out of the beershop and was in the St. Pancras Road—you put your leg behind him and knocked his chest—the other man ran away towards Edwards Street.
CHARLES DAY (Policeman Y 541). I received the prisoner in custody on 20th February at 5.20 p.m.—in answer to the charge he said "It is all right, we are old pals together; we have carried the hod many a time, and he won't appear against me any more."
Prisoner's Defence. It is false what has been said about me. I am innocent.
GUILTY .**— Eighteen Months' Hard Labour .
MR. TURTON Prosecuted.
GEORGE HOLMES . I live at Simpson Street, Wandsworth—on Saturday night, 24th February, I was in Park Lane, near Green Street, and received a blow on the back of my hat, and one on my knee, and one on my nose—I fell down—I saw somebody running away—a policeman came to me in a few minutes—I missed one or two shillings, I would not take my oath which—the prisoners are the two men who assaulted me.
Cross-examined by Birdseye. I could not swear which of you knocked me down, but I saw the two of you at me—I saw you running away—I had come up the Edgware Road and was walking quietly along when I received a blow from behind and one on my knee—Godliman came round and struck me a blow on the nose.
Cross-examined by Godliman. You are the two men.
JOHN YARRELL (Policeman C 34). I was on duty on the 24th February, about 12 o'clock, in Park Lane, near Green Street, and saw the two prisoners running away—I caught Godliman—I never lost sight of him.
prisoners running away, and I caught Birdseye—he said some old man had been knocking him about in Park Lane.
By the COURT. They were searched at the station, nothing was found on them.
NOT GUILTY .
MR. MEAD Prosecuted; MR. EDGAR FOA Defended.
GEORGE FREDERICK VONDORMMER . I live at 40, Pilgrim Street, Newcastle, and am a solicitor—in June last in consequence of seeing an advertisement in the Newcastle and South Shields Daily Gazette I communicated with Merrick, Williams, and Co., 51, Bedford Row—they bought for us a City of Paris bond for 21l. 15s., and I received it all right—the next transaction we had with them began on 18th November, when I wrote this letter marked A to them (This inquired the lowest price at which they could purchase a bond of the 5 per cent. Imperial Austrian 1860 State Loan)—I received this answer by telegraph: "Can secure Imperial Austrian bond at 51l. nett, subject to banker's draft by to-night's post"—on the same day I sent this telegram to them: "Buy Imperial Austrian bond at 51l. nett, banker's draft on demand will be forwarded to-night, Wednesday"—on the same day, the 22nd, I sent a letter marked B to them (This acknowledged the receipt of the telegram, enclosed a banker's draft for 51l., and asked for the bond to be forwarded as soon as possible)—this (produced) is the draft I sent—it was drawn on the Union Bank of London on demand—it is endorsed Merrick, Williams, and Co., in the same handwriting as that of the letters sent to me—I have paid that draft at the Newcastle Bank—on 24th November I received this telegram from Merrick, Williams, and Co.: "Letter by to-night's post. Business arranged all right," and the same morning I received this letter marked K:" We beg to acknowledge the receipt of banker's draft for 51l. being payment for one Austrian Government Loan 1860 bond, which will be forwarded for delivery by us"—I never received the bond, and never heard from them up to 11th December, when I wrote this letter marked E (produced) (Asking Merrick, Williams, and Co. to obtain the debenture, and forward as soon as possible)—I next had from them a letter of 29th December, marked G, signed T. Paul (This stated that Mr. John Williams had died suddenly, and that the prisoner had been acting for the firm, and had been seriously ill, but that if the witness would allow the claim to stand over till 20th February the accounts would be inquired into; and asked him in the meantime to withdraw the serious inquiry from Scotland Yard, as the money would be returned in full, but he would have to wait)—that is in the same handwriting as the other correspondence I have had with him, and as the endorsement—I placed the matter in the hands of the police.
Cross-examined. My attention was drawn to the firm of Merrick, Williams, and Co. by an advertisement in the North Shields paper, beginning "City of Paris bonds for sale"—I bought a French bond from them, and was in treaty to buy this Austrian bond—they were dealers in all sorts of bonds—they would get it from somebody else, and I should buy it from them—I never knew the prisoner—the first knowledge I had of his name was when he wrote this letter saying he had been acting for the firm in consequence of the death of Mr. Williams, the principal.
ALEXANDER MCCLENNAN . I am a clerk to the Union Bank of London, Princes Street Branch—we are agents of Messrs. Wood, bankers, Newcastle-on-Tyne—a banker's draft for 51l. in favour of Merrick, Williams, and Co. was presented to me, and I paid it across the counter by nine 5l. notes numbered 22, 533 to 22, 541, and 6l. in gold—I don't know who presented it.
THOMAS SCOTTAR GASH . I am a clerk in the Bank of England—I produce nine 5l. notes dated 19th September, and numbered 22, 533 to 22, 541—No. 22, 533 bears the endorsement "Tos. Paul, 22, King William Street"—the next one is endorsed with the name of Robinson—22, 536 has the same name in pencil, and 22, 541 is stamped "Central Bank, Shoreditch."
EDWARD ROGERS . I am a tailor, at 51, Bedford Row, London—in May last I had offices to let there; I am the landlord—the prisoner called on me about a week before 13th May—he was the first person I saw in connection with Merrick, Williams, and Co.—he said he thought the office would suit them; that it was not for himself, but for a firm he was connected with—I don't think he gave me the name of the firm—I next law him about a week after, when he called with Mr. Williams, who decided to take the office, and gave me a reference to Mr. Langridge, Holborn Viaduct—they entered into possession on 13th May, within a day I think of their second visit—the rent was 10s. a week—it was paid monthly by a cheque drawn by Langridge to Messrs. Merrick, Williams, and Co.—I know the prisoner's handwriting—I should think these letters "K," "M," and "N," and the draft, and the letters signed Paul are all in his writing—I know Langridge's writing—I should say this letter "O" is in his writing—I don't know when Mr. Williams died; the last time I saw him at the office was a month or six weeks or two months before Christmas—the prisoner was there every day till Williams died, and after that he came occasionally for a short time—he ceased going to the office before Christmas—I have seen Langridge go in and out occasionally.
Cross-examined. From my observation at their second visit I thought Williams was the principal—the rent was sometimes paid by cash; I never had any other cheque but Langridge's—they never gave me notice to leave, but after I received the last rent I agreed to take a month's rent in lieu of notice—I think I told Paul that, and I called on Langridge—I looked to Langridge for payment—the reference was given by Williams to Langridge—while the firm carried on business I looked on Paul as a clerk or assistant.
BENJAMIN MORGAN (Detective E). I took the prisoner into custody on a warrant on 23rd February, at King William Street—I told him I should charge him with converting to his own use a banker's draft for 51l., entrusted to him by Mr. Vondormmer to purchase a bond—he made no reply—I searched him and found on him a quantity of letters and papers—the letters are those marked A to K—he said I should find more papers in a public-house in Bedford Row—I went there and found some papers marked N, O, P, Q. (The letter N, from Paul to Merrick, Williams, and Co., was read, stating that he was too ill to get out to-day, but that he hoped to get to the office to-morrow; that things were really dangerous, and he did not see how they could be arranged; that the landlord was very angry, and that no doubt two or three warrants would be issued.) The answer
to that, F, was found on the prisoner. (This was dated 15, Holborn Viaduct, 17th November, 1882, from Langridge; asked him to arrange that the cheque to Mr. Llewellyn should not be presented till the 23rd; and stated that there was no letter from John, and that he wanted to see him about several matters.) I searched the office at 51, Bedford Row, but found nothing—I found the key of the safe on the prisoner—there was nothing in the safe.
Cross-examined. On the way to the station he said "Have you seen Langridge?"—I said "Not lately; Langridge denies all knowledge of you"—he said "I can't understand why he should do that, as I was merely a servant, a clerk to Mr. Langridge. Mr. Langridge came every day to the office and opened the letters. After a while Langridge said 'I can't spare time to come to the office every morning; you must bring them to me;'" and he said "You will find papers at the office in Bedford Row which will prove my statement to be correct. Williams could not write, and I conducted the whole of the correspondence"—I have not been to see Langridge.
Re-examined. A warrant has been applied for against him on two occasions.
HANNAH WILLIAMS . I live at 27, Old Street, Islington, and am the widow of John Williams—he died on 24th November last—I knew nothing about his business transactions, or where he carried on business—when he died he had 2l. and a few shillings, and that he brought from Wales—I did not see him with any bank-notes before November—he was not in bed before he died; he came straight home from the City—I had no money to bury him with—I went about the City and got my friends to help me.
Cross-examined. I know the prisoner—I knew him to be a clerk to my husband.
GUILTY .— Five Years' Penal Servitude .
418. JOHN ROSE VINCENT (27) PLEADED GUILTY to forging a banker's cheque for 5l.; also to obtaining by false pretences 9l. 12s. 3d. from John Barrow, 9l. 9s. from William Mortlock, 4l. 14s. 2d. from Edward World, and 12l. from Baron Rokeby; also to a previous conviction of felony in January, 1881.— Five Years' Penal Servitude .
JOVES also PLEADED GUILTY to a previous conviction in April, 1874, and BALL to a previous conviction in April, 1877.— Five Years' Penal Servitude each .
OLD COURT.—Wednesday, March 21st, 1883.
Before Mr. Recorder.
MR. BESLEY Prosecuted.
SAMUEL BEDDINGTON . I am a police sergeant in the employ of the Midland Railway Company—after the prisoner was taken into custody on 25th February I went to his lodging, 81, Goodwin's Road, Cattle Market—I searched the rooms, and among other things I found this biscuit box—I afterwards showed it to him and asked him to account for the possession of it—he said he had it made a present to him at the time he was married.
EDWARD ALBERT MARPLES . I am an apprentice to Mr. Richardson, silversmith, Norfolk Street, Sheffield—on 20th October last I packed a hamper to go by rail to Mr. Trussell, of Brighton—I put in it 12 articles: nine breakfast cruets, one butter cooler, and two biscuit boxes—this, produced is one of them—I produce a similar one from our stock—it is our special casting, and the engraving is ours—I have no doubt this is one of those I packed—the total value of the parcel was 7l. 0s. 6d.
JAMES WHITE . I am foreman at the goods station of the Midland Railway at St. Pancras—on the night of 22nd October I checked the goods loaded into truck 25, 369 to go to Battersea, where goods for Brighton are changed into Brighton trucks—among the goods I checked was a hamper from Sheffield for Trussell, of Brighton; it was then in good order—I put the number of the truck on the invoice.
EDWARD JAMES VINE . I am a number-taker employed by the Midland Railway Company at Kentish Town—on 22nd October I checked the waggons that arrived there from St. Pancras, among them 25369 from Battersea—it arrived there at 11.10 a.m. and left at 10.12 next day—it was in the siding a whole day—I did not see the prisoner working the trains that day.
DANIEL GILBY . I am an inspector of the Midland Railway Company at Kentish Town—the guards and under-guards make a return of their working—I produce the prisoner's return—he was the under-guard of the goods train from Kentish Town to Battersea on 23rd October at 10.12 a.m.
ROBERT AMBROSE . I am a checker to the London, Brighton, and South Coast Railway—on 23rd October I checked the goods out of the Midland van No. 25369; that was the train worked by the prisoner as under-guard—I have the invoice here—there was a hamper addressed to Trussell, of Brighton; it was broken open when I received it at Battersea—I tied it up and sent it on to Brighton.
HENRY TRUSSELL . I am a fancy stationer at 56, East Street, Brighton—on 24th October a hamper was delivered to me from Richardson—I checked it with the invoice—there were only three articles out of twelve left in the hamper—neither of the biscuit boxes was there.
The Prisoner's Statement before the Magistrate. "The biscuit box I had given to me and the cloth I bought. The biscuits and the flag I know nothing about, but those in the bag I plead guilty to."
Prisoner's Defence. I hope you will take a lenient view of the case. I have a wife and small children. If convicted I shall lose a fourteen years' character.
MR. BESLEY Prosecuted.
GEORGE BEARD (Detective Sergeant, Midland Railway). On 25th February I searched Ruckes's lodgings, 43, Blundell Street, Caledonian Road—on the 26th I went again and found these two cloth jackets—I waited till Ruckes came in and asked him in his wife's presence how he accounted for these jackets—he paid his wife bought the stuff and made them up—they were afterwards brought to me by Sergeant Beddington—I then went that same day to Harris's lodgings, and there found this piece of cloth, about four or five yards in length—Harris said "I bought it."
Cross-examined by Ruckes. You told me I could look over your place and you took me all over—when I came next morning you had not shifted the jackets—you went with me to the station and have appeared ever since—you did not show any fear.
ROBERT ROLLS . I am warehouseman to John Claverton and Co., of Glasgow—in April, 1882, we got an order from J. Hume and Co., of Aldermanbury, for two pieces of cloth—I selected it from our stock—we did not sell it to any one in London but Mr. Hume; it was intended for the colonies—this produced is the stuff we sold; it is worth 8l. 15s.—there were 50 yards in the two pieces—the parcel was addressed to J. Hume and Co., Aldermanbury, London.
DAVID SCOTT . I am a checker of the Glasgow and South-Western Railway at Glasgow—I loaded a parcel addressed to J. Hume and Co., London, in waggon 7738 to go to White cross Street, London—it left Glasgow by the 8.45 p.m. train on 28th April.
JOHN BEADLE . I am a shunter on the Midland Railway—on the night of 29th April I was on duty at the Child's Hill siding—I took the numbers of the waggons that were put off the Scotch goods train due at 9 to go to White cross Street—among them was 7738; it went there by the 10.25 p.m.
DANIEL GILBY . I produce the guards' working sheet of 29th April, 1882—Ruckes as under-guard worked the train which left at 10.25 that day from Child's Hill to White cross Street—Roberts was head guard.
EDWARD DALE . I was a checker in the employ of the Midland Railway Company at Whitecross Street in April, 1882—I produce the invoice of the 10.25 train—I checked the goods in waggon 7738 from White cross Street—there was on the invoice a parcel marked for J. Hume and Co., Aldermanbury, but it was not in the waggon.
The statement of each prisoner before the Magistrate was "I bought it."
GUILTY . HARRIS— Five Years' Penal Servitude .
MR. BESLEY Prosecuted.
GEORGE BEARD . On Sunday morning, 25th February, I went to the prisoner's lodgings in Blundell Street, and from a box I took out this skirt—I asked him how he accounted for it—he said his wife bought it in the Cattle Market—I left it with him that day—I went again next day—I found the skirt still there, but an alteration had been made in it; the band was taken off the top—I took it away; also this cloak lined
with fur—I asked him about that—he said he had been married twenty years, and that his wife had had it all that time, and it was nearly worn out.
ELIZABETH MANDER . I am a dealer in second-hand clothes—I sent a parcel of clothes to Mrs. Davis, of South Shields, value a little over 16l.—I swear these are two of the articles that I put in that parcel—I made a claim for 11l. 6s. on the Midland Railway Company for the loss.
GEORGE PEAK . I was on duty at St. Pancras Station on Feb. 10 on the North-Eastern Railway line—that was the line that would carry the parcel to South Shields—I produce the consignment note of the hamper—I checked the hamper; it was sound when I checked it.
EDWIN GROOM . On 10th February I loaded the goods into the waggon 60871 for South Shields—among the goods I checked was a hamper for Davis, of South Shields—it was in good condition when put into the waggon—it left by the 10.10 train on the evening of 10th February.
HENRY HARRIMAN . I was the guard of the goods train leaving St. Pancras at 10.10 on 10th February going north—there were 22 trucks—I was at the end of the train—we were stopped at the Kentish Town cattle station for 19 minutes—I could not say whether I left my van or not—I did not know that any one had tampered with any part of the contents of the train.
GEORGE LONSDALE . I am a checker of the North-Eastern Railway Company—I produce the invoice of goods from St. Pancras—on 10th February I saw the waggon 6871—I checked out the goods—there was a hamper there directed to Mrs. Davis, South Shields—when we got to South Shields the strap was cut and things had been taken out—the weight was deficient.
BARBARA DAVIS . I live at South Shields—I deal in second-hand wearing apparel—on 12th February a hamper came to me which Mrs. Morgan had sent—the strap had been cut and some things taken—I lost a great many things besides the two articles.
CHARLES MILLER (Police Sergeant Y). The prisoner was given into my custody at Kentish Town Station on 20th February—these things were at the station—I told him he would be charged with stealing them—he said his wife had bought them in the Cattle Market.
The prisoner in his defence before the Magistrate stated that he bought the things.
GUILTY .— Five Years' Penal Servitude .
MR. BESLEY Prosecuted.
GEORGE BEARD (Detective Sergeant). At a quarter past 12 on the night of 27th I went to the prisoner at the Kentish Town passenger station—I afterwards went to his lodging, 43, Edward Square, Caledonian Road—I there found these two biscuit jars in a cupboard of a sideboard at the head of the bed—his wife was lying in bed at the time—I asked him how he accounted for them—he made no answer—his wife said they were given to her by her brother in December last—I asked where the brother was—she said he had gone to sea and would not be back for twelve months or more—I took away the jars and made inquiries about
them—on 7th March I took the prisoner into custody—I told him he would be charged with stealing the two jars the property of the Midland Railway Company—he said "I did not steal them"—on the way to the station he said "I wish I had never seen them."
Prisoner. I said I wished my brother had never brought them, so I should never have seen them. Witness. No brother was mentioned, you said "I wish I had never seen them."
WILLIAM WILSON . I am a potter's turner employed by Mr. Dudson in Staffordshire—at the latter end of last year I made eight biscuit jars, four with handles and four without, for Mr. Williams, of Hammersmith—these are two of them, they have my private mark—I let Mr. Cooper have them to take to Burslem—on 25th January they were down in Staffordshire.
JERVAS TETTINGER . I am employed by Mr. Hummersley, at Burslem—on 31st January eight biscuit jars similar to these were brought to me to be packed in a crate for Mr. Williams, of Hammersmith—I packed them in a crate and delivered it to the Midland Railway to be taken to Hammersmith.
WALTER GEORGE STARR . On 5th February I unloaded waggon 427 at Longport, which is the station for Burslem—I checked the goods into van 2244—there was a crate for Williams of Hammersmith—it was sound and safe.
DANIEL GILBY . I produce the guards' working sheet of 5th February—the prisoner was working between Finchley Road and Hendon that day from 9.20 a.m. to 9.5 p.m.—he would pass the place what this waggon would be put.
WILLIAM CAYLEY . I am employed by Mr. Charles Williams, of 70, King Street, Hammersmith, a dealer in china—I unpacked this crate on 6th or 7th February; the string had been cut and it had been tampered with from the top; the straw was removed, and four biscuit jars were short—they were similar to those produced.
Prisoner's Defence. I had them given to me.
GUILTY .— Eighteen Months' Hard Labour .
MR. FULTON Prosecuted; MESSRS. MONTAGU WILLIAMS and WARBURTON Defended.
WILLIAM HENRY CUNNINGHAM . I am managing clerk to Robinson, Son, and Company, solicitors for Mr. De Castelaine—in consequence of instructions I received from him I wrote the defendant the letter of the 17th January, at least I dictated it—I received this reply marked "B" in course of post—the defendant admitted at the police-court that he wrote it—it is addressed to the firm—the junior clerk generally opens the letters unless they are marked private.
Cross-examined. I believe our client is here, I saw him within the last five minutes—I don't think he was examined before the Grand Jury—I
don't suppose he is here as a witness—he was bound over to prosecute—I can't say whether I know his handwriting or not—I am rather doubtful whether I ever saw him write—I have received letters from him which I have answered—I don't know whether this document produced is his writing or not—I see an attesting witness to this agreement, Edward Williams, clerk to Messrs. Fowell and Company—I am not here to prove Mr. De Castelaine's writing—I don't know that he is not to be called as a witness, that is in the discretion of Counsel—I object to proving a document that there is an attesting witness to—I am not going to admit that this is Mr. De Castelaine's writing, or that I believe one way or the other about it—I know that he claimed to be a partner with the defendant; it was on that ground that the letter was written to the defendant—I don't know that the defendant has set up that he was the manager and not the partner—I never saw this agreement before—I knew our client at the time, he was with Messrs. Letts—I did not know he was in their employment—it was represented to me that he was at one time in the service of Messrs. Letts—I don't think he told me so, I don't know who did.
The letter was as follows:—"Gentlemen,—Had your client, Mr. De Castelaine, submitted any matters to arbitration and not taken into his head to carry off my keys and some of the cash from the till I might have listened to him, as it is he must adjust his affairs as best he can. P. S. Will you please inform him that two persons called for him yesterday, and were confidential enough on finding that he had left, to lay that they had a warrant for him?"
MR. WILLIAMS submitted that this was a privileged communication from one solicitor to the other. The RECORDER was of opinion that it was privileged, and that there was no indication of express malice.
NOT GUILTY .
MESSRS. MONTAGU WILLIAMS and WARBURTON Prosecuted.
JOHN WINDER . I reside at 67, Manger Street, Nile Street, City Road, and am a chair maker—the prisoner is my aunt—I lived with her and my mother—my mother died on 28th June—on 15th December I went to Somerset House, and again in the beginning of February, and saw there this affidavit, it is signed by the prisoner—I have the certificate of the marriage of my father and mother—his name was John Winder, and my mother's Hannah Applegate—I produce the certificate of my birth on 12th February, 1852, at 16, Willow Walk, four years after the marriage—it is untrue that my mother died without any child and that I was not the next of kin.
MARY ANN LAPPAGE . I live at 31, Fairfoot Road, Bow—I am a widow—I formerly lived in Margaret Street, Hackney—Mrs. Hannah Winder lived with me there about sixteen months—she died there on 27th June, 1882—her son, John Winder, the last witness, visited her there on several occasions—she introduced him to me as her son—the prisoner assisted to move Mrs. Winder's things to my house—I heard her speak of John as Mrs. Winder's son—when Mrs. Winder died I communicated with her daughter, Mrs. Winder, and Mrs. Mollett came the next morning—they were up in the room about an hour and a half—they went to the doctor for a certificate and to the undertaker.
ALICE WINDER . I am the wife of John Winder—on the afternoon of my husband's mother's funeral I saw the prisoner and her husband—at that time my husband was in prison—we were in a mourning coach—when we returned from the funeral they said they were very sorry they could not wait for me—they went upstairs into my mother-in-law's room and told me afterwards that they had found a bank-book with an entry of 145l. in it, and they had been to the bank to try and get the money—they knew where my husband was at the time—I told them he would not be home till five months, and they said nothing could be done until he did come home—I afterwards told them that he was the lawful son of his mother—the prisoner said she knew that—that was in September, when we had a few words over the money, and she said if he came with any of his impudence, although he was the son born in wedlock, if he did not mind she would do him out of it—my husband was in Holloway Prison at this time—he came out on 4th December.
SAMUEL CALLOW WARREN . I am chief accountant at the London Provident Institution Savings Bank, Bloomfield Street, City—I produce the deposit-book of Hannah Applegate—the account was opened on 18th March, 1859—I received notice of her death and paid out under letters of administration 148l. 7s. 6d., as appears by the entry in the book—I paid it to Eliza Mollett—that was the balance.
FREDERICK CHURCH (Detective C). On 6th February I apprehended the prisoner in South Street, New North Road, on a warrant—I read it to her—at first she made no reply—she afterwards said "I only told the truth, and I can prove it when the time comes."
In this affiduvit the prisoner swore that Hannah Winder died intestate, a widow without child or parents, and that the prisoner was the next of kin.
Prisoner's Defence. The money belonged to my mother. At my sister's death I went to Mr. Willis and asked him if I could make any claim to share the money. He said "Yes." I did not go with the intention of doing my nephew out of the money; I only went to ask if I could make any claim to its being divided. The money was banked before my mother's death, and she has been dead over 20 years.
GUILTY.— Judgment respited.
NEW COURT.—Wednesday, March 21st, 1883.
Before Mr. Common Serjeant.
MR. SAFFORD Prosecuted; MR. SIMS Defended.
GUILTY of the assault on Caroline Drew. He received an excellent character.— Three Months' Imprisonment without Hard Labour .
430. JOHN ATKINSON (55) PLEADED GUILTY ** to stealing 12 knives and forks, the goods of Edward Light, after a conviction in November, 1874, when he was sentenced to ten years' penal servitude. He received a good character during the time he held a ticket of leave; two years and three months of his former sentence being still unexpired.— Twelve Months' Hard Labour .
MR. TURTON Prosecuted; MR. GEOGHEGAN Defended.
NOT GUILTY .
MR. TURTON Prosecuted.
RUSSELL ANDREWS . I live at 1, Nottingham Place—on Sunday, 25th February, I was in Charles Street, St. James's, about 12.30 a.m., and felt a hand pass over my shoulder and saw it take my pin from my scarf—I made an effort to seize it, but having a glove on I had no purchase—I turned round and was knocked down and remember nothing more—I was struck on my nose, which has been put out of its place—my teeth were loosened and I have suffered so severely from the nervous shock that until quite recently I have hardly been able to sign my name—I was quite sober.
JAMES SCARLETT (Policeman C 159). I was on duty in Charles Street about 12.30 a.m., and saw the prisoner strike Andrews on his face, knock him down, and run away—he was stopped by another constable and brought back to me—nothing was found on him—there were people close by.
Cross-examined by the Prisoner. I was about 10 or 12 yards from you, at the corner of the United Service Club.
The Prisoner's Statement before the Magistrate. "I plead not guilty. When I saw him fall I certainly did run. I did not take the pin."
Prisoner's Defence. I saw the gentleman lying there and ran across the road because I thought the policeman would come after me.
GUILTY .— Eighteen Months' Hard Labour .
MR. TURTON Prosecuted; MR. GEOGHEGAN Defended.
WILLIAM PROCTOR DILWORTH . I am an agent, of 4, Westminster Chambers—the prisoner was my junior clerk about five weeks—he had nothing to do with money, but he had access to my letters, a number of which contained cheques—he had not to open letters—the endorsement on this cheque for 2l. 2s., from Messrs. Carter and Co., seed merchants, of Holborn, the writing is like the prisoner's—I have some of his writing here—I have never received the cheque.
Cross-examined. I have three other persons in my employ who came at the same time as the prisoner—I had no character with him, but I made inquiries about him after he came—I heard that he had been employed at Messrs. Cartland's, at Windsor, and I wrote there afterwards, and Mr. Cartland came and said that the prisoner had been with him 12 months; that was after I preferred the charge—I had a lad named Robertson in my employ; he left last Saturday, to enter the Civil Service—the third person was Crampton; he had access to my letters in the same manner—I said before the Magistrate "I do not recognise the writing of the endorsement of the cheque produced; "I now say that I do—I have believed it to be his since I have had the opportunity of comparing it—I accused or suspected him of stealing marked money—I asked Robertson to turn out his pockets, and no marked money was found—most of these were crossed cheques—I only traced this one to the prisoner—there is a general box for the tontine letters and my own—I asked Robertson if he had taken book packets out, and he said that he had put his hand in and taken them out—I had not lent him my key—there is no other office on the same floor—this is not a street door letterbox—the "W" on the cheque most resembles the prisoner's writings—I base my opinion chiefly on the "W's"—I can only say that they are very similar—here is a "W" in "Whitehaven," and another in "Works"—he does not make his "W's" all the same—this "W" is like some and unlike others—there is not the slightest resemblance to my writing.
Re-examined. Robertson left me to better himself.
JOHN FRANCIS SHAPLAND . I am assistant to my father, a shoemaker, of 4, Princes Street, Westminster—on Saturday morning, 17th February, the prisoner came in and bought this pair of gaiters (produced) for 5s. 6d., and paid with this cheque for 2l. 2s.—I gave him a pen, and he endorsed it on the counter "W. P. D. Gilbert"—we paid it to Penton and Son, leather merchants—my father sent upstairs for change, and a sovereign, two half-sovereigns, and two shillings were brought down and given to the prisoner—he then handed a half-sovereign, and said "You have not taken for the gaiters."
Cross-examined. My father is not here—he handed the money to the prisoner—I was serving a customer—I had never seen the prisoner before—he was placed with other men and boys at Rochester Row, and I picked him out—my brother was also in the shop—it was not Monday; it was Saturday, the 17th, because I paid the cheque to Penton and Son on Monday, the 19th—I will swear I did not receive it on Monday, the 19th—it was in our cash-box in the interval.
WILLIAM SHAPLAND . I assist my father—on Saturday morning, 17th February, the prisoner came in and bought a pair of gaiters—he presented a cheque, and received the change—the moment he left the shop I saw that it was endorsed—that was the first time I had it in my hand—I heard him say that he had signed it, but at the time he signed it my back was towards him.
Cross-examined. I fitted on the gaiters—I saw him next at Rochester Row Police-station on the Friday week afterwards; about a fortnight had elapsed—Sergeant Cousins came to the shop, and my brother and I went to the station together and picked the prisoner out from about nine others of different ages—they all had hats on—I picked the prisoner out
by his face—the prisoner said at the police-court that I was mistaken, and that the day was the 11th—he was before the Magistrate on the Friday week afterwards, which was a fortnight afterwards all but a day.
WILLIAM COUSINS (Police Sergeant) I took the prisoner on 2nd March, and said "Have you a pair of gaiters similar to these?" showing him a pair—he said "Yes"—I said "Where did you get them?"—he said "At a shop in Princes Street"—I said "What did you give for them?" he said "5s. 6d."—I said "What did you pay for them with?"—he said "5s. 6d. in silver"—I said "Have you seen this cheque before?" producing it—he said "No"—I said "It has come to my knowledge that you paid for those gaiters with this cheque, and I shall arrest you for stealing it from this office"—he said "Oh"—I said outside "Most likely you will be charged with forging an endorsement on the cheque," and he again said "Oh!"—I placed him at the station with six other prisoners of a similar description, and the two witnesses both identified him—I found these gaiters (produced) in a box at his lodging.
Cross-examined. Mr. Shapland described the prisoner as of medium height, about 18 years old, and dressed in dark clothes—he did not say that he stooped; he said that he was a smart young fellow, and came into the shop with a business-like air—he gave me a similar pair of gaiters—I had an interview with Mr. Dilworth before calling the prisoner into the office—it was on the day before that that he was asked to empty his pockets to see if he had marked money—it is not true that I put the prisoner with only two others to be picked out—I said "I shall bring two young fellows round presently"—most likely I may have said that I could not bring him round who was suspected of stealing the cheque, because he had gone out to his dinner—I did suspect the prisoner for two or three days before, and not on this case only—he was brought to the station about 2 o'clock on 2nd March, and the Messrs. Shapland came about 2.45—I did not take them in at once, and it took about a quarter of an hour to collect the other six out of the street—we have to invite them, and then they are rather reluctant—they were of respectable appearance, about the same age; one was shorter, and one had a slight moustache—I saw the prisoner's mother there—she told me that she has been a matron.
ERNEST HOLLEWELL . I am a junior clerk to Carter and Co., seedsmen, of Holborn—on 16th February a cheque was enclosed in my presence in an envelope addressed to Mr. Dilworth—I took it out to see that it was there, and re-sealed it—the cheque was not endorsed.
Cross-examined. I did not direct it—I took the cheque out and put it in again—I did not open it, and cannot swear that this is the cheque—there are over 100 clerks at Messrs. Carter's—they direct letters also, but not in that department—I posted from 40 to 50 letters that day.
The Prisoner's Statement before the Magistrate. "I bought a pair of gaiters there on Monday, the 11th, and was taken at the office on Saturday morning, and Mr. Shapland said they missed the cheque. I never saw him before; there was simply the elderly gentleman and Mr. Shapland in the shop at the time."
Witness for the Defence.
MARY ANN ROGERS . I am the prisoner's mother, and am a widow—the prisoner was seventeen years old last December—he has been with Mr. Cartland, of Windsor, 14 months, who gave him a good character, and came to the station when I was there and bailed him out.
Cross-examined. It is true that he was dismissed from Mr. Cartland's service—Mr. Cartland did not absolutely decline to give him a character.
Re-examined. No accusation was made against his honesty; it was simply because he declined to give the name of some person to Mr. Cartland.
GUILTY . Strongly recommended to mercy by the Jury.— Six Months' Hard Labour .
OLD COURT.—Thursday, March 22nd, 1883.
Before Mr. Recorder.
MR. BESLEY Prosecuted; MESSRS. MURPHY, Q. C., and POLAND Defended.
CHARLES BUTLER . I live in Surrey Street, Blackfriars—I am employed as a messenger, sometimes for Mr. Sharp, a tobacconist in Ludgate Circus, and sometimes for Mr. Potts in Portland Road—on or about 2nd February, I could not swear positively as to that, I was called in to Mr. Sharp's shop between 11 and 12 in the evening to fetch a pail of water up for Mr. Potts's servant—when I came up there was a lot of customers in the shop, and the prisoner came in and asked for some cigars, and he told Mr. Potts not to be in a hurry but to serve the other customers first—when the other customers had gone out the prisoner wanted some off a top shelf—he stood with his back towards the window; I was standing at the other end of the counter; the prisoner was facing me—while Mr. Potts was getting up to get the cigars I saw the prisoner take his right hand and take two handfuls of cigars out of the box that was standing on the counter, and put them into his right-hand coat pocket—I don't believe he saw me—it was done very quickly—Mr. Potts was on the ladder reaching the box, with his back towards the prisoner—I did not speak till after the prisoner had gone out—I made a communication to Mr. Potts as soon as he got down off the ladder and the prisoner had gone out, and I went to the door but could not see him—several nights after that Mr. Potts called me in and asked me to go up to the end of the counter, and he counted the cigars that night, and there were 61; I saw him count them—the prisoner came in and bought five for a shilling, and when he went out Mr. Potts counted the cigars again, and there were only 53, eight were gone—no sale had been made from the time the cigars were counted till the prisoner came in—I was present on the night of the 20th when the prisoner was taken into custody—I was standing across the road, I saw him go in, and I pointed him out to Detective Taylor—I did not go into the shop that night, and know nothing about that matter.
Cross-examined. I am not in the regular employment of Mr. Potts and Mr. Sharp—I work for them at times nearly every day—I am paid according to the journeys I go for them—there are two shops, one in the Circus and the other against Portland Road Station—I was not examined before the Magistrate—I gave a statement to the detective, not at Mr. Wondner's office—this is the statement I made—this shop is about 3 or 4 yards broad and about 5 yards in depth; it is a sort of triangular shop,
very narrow at the extreme end—there is a large looking-glass on the left as you go in—there are lamps outside, and there is an electric light nearly opposite—I cannot positively fix the date as 2nd February, but it was on a Friday night—I could not swear positively to the date of the second occasion—on the first occasion there were four or five customers in the shop; when they went out the prisoner and Mr. Potts remained, and I was at the farther end of the counter, about 3 or 4 yards from the prisoner—he did not remain any time after he took the cigars—I knew that he had not bought them—I spoke as soon as I could to Mr. Potts about it, and he told me he would watch for him—I could not get to the door in time to stop him; there was a ladder standing there, and I could not get by—he paid for something that night after the customers had gone out—he had a shilling's-worth of cigars that time; he paid for them before he took the others—he took the cigars while Mr. Potts was on the ladder—I can't say how many he took—Mr. Potts's father is a detective—I heard the prisoner ask for the shilling's-worth of cigars, but I could not see whether he bought more out of the box that night or not—I did not see what he paid on the second occasion; he asked for a shilling's-worth of cigars—I remained in the shop from the time he came in till he went out—I did not see him pay the shilling; there was a man who placed his back between me and the end of the counter; he came in after the prisoner; I don't know who he was, he seemed to know Mr. Potts—I did not know the prisoner's name on that occasion; Mr. Potts had not mentioned his name to me; I never heard it.
Re-examined. The glass in the shop was plate glass, one of the fittings—there was nothing on the face of it that I know of—I cannot remember what night of the week it was when the cigars were counted—the other shops are not closed at 12 o'clock at night about there.
WILLIAM TRABELLA POTTS . I am in partnership with Mr. Potts—we have two shops, one is No. 1, New Bridge Street, and the other 248, Great Portland Street—I attend to the shop in New Bridge Street, it is part of Ludgate Circus—I have known the prisoner for some time as coming to my shop—I did not know his name or where he lived—he used to go by the Ludgate Hill Station of the Chatham and Dover—he usually purchased five cigars for a shilling—I only saw him at the shop twice—I had not taken any particular notice of him—I remember the occasion when Butler was there, when he went to get some water up—I am not quite sure whether it was the 2nd February or the Friday before that, it was one or the other—up to that time I had no suspicion of the prisoner—after he had left that night I spoke to Butler, and after that Butler spoke to me—it was about a quarter to 12 when the prisoner came in that night—he bought a shilling's worth of legaliadads—I keep a box of them on the counter, also some Lanarkas—on a subsequent occasion I saw the prisoner near the shop about half-past 10 at night—my father, who was in the City police force, was then in the shop—the prisoner did not come in, he stood at the window, and he saw my father, and he bobbed his head down in the window, pretending to look at something, and then he walked away—he afterwards came in the shop between two and three minutes to 12—before that I had counted some cigars and the legaliadads; there were 61—I saw no one touch them till the prisoner came in—he bought a shilling's worth of cigars and a box of matches—after I had served him he left, and about
two minutes after he had left I counted the cigars, and there were only 53—he had bought five from the same box—between my counting them and his leaving no one else had been to that box and none had been taken from it, I am positive of that—on the night of the 20th I was in the shop about 10 minutes to 12, when the prisoner came in—Mr. Sharp was also in the shop—I did not hear what the prisoner asked for, because I came in after he came in—Mr. Sharp served him—I could see Mr. Sharp from the outside, and I saw him go up the steps to get another box of cigars—Taylor, the detective, was outside the shop with me, about 20 yards from me—Mr. Sharp came down the ladder before I came in—when I went in I counted the cigars; they were legaliadads—I had not counted them before, but Mr. Sharp had—that was before the prisoner was taken into custody—I found 35 in the box—Taylor came in, and the prisoner was taken into custody.
Cross-examined. I was not examined before the Magistrate—when I saw the prisoner bobbing his head against the window my father was in the shop at the end of the counter where the customers stand—I was at the back of the counter, and I remained in the shop the rest of the evening—the prisoner came in after my father had left—I kept my eye upon what he was doing—I saw him take cigars that he had not paid for—I did not stop him because I could not see how many he had taken until he had left—my father was not there by arrangement by accident—I did not suggest that my father should remain—it would be an hour and a quarter after the prisoner left that my father came in—on the 20th I was outside with Taylor when the prisoner went in—Taylor did not bow to him as he went in—I stood outside for a little while, and then I went inside—I was about 10 yards from Taylor when the prisoner went in—I saw Mr. Sharp go up the steps and come down again and about two minutes after he came down I went in—Taylor remained out-side—I did not speak to the prisoner—he was present when I counted the cigars—Mr. Sharp was not doing anything at that time—he had given him change—I know that because I saw from the outside that he gave him a two-shilling piece, and Mr. Sharp gave him the change—I was nearer than Taylor at that time—Taylor was close up against the window, but he could not see what was going on.
WILLIAM SHARP . I have been in partnership with the last witness for about a year and nine months, and have attended the shop at times at Ludgate Circus—before February I had noticed the defendant in the shop—for some time he had a shillings worth of threepenny cigars and two four-penny ones—he got five threepenny cigars for a shilling—we never let him have cigars on trust, or sold him 20 at a time—I did not know his name—he nearly always called about 11.45, but sometimes about 10.20—there are trains leaving Ludgate Circus at about 12.20—I had not the slightest reason to suspect the prisoner till Butler made a communication to me—after that I counted the cigars myself—I was out on the evening when Potts's father was in the shop and the prisoner called—I was there on the Monday before he was taken into custody—I had counted and marked 40 cigars in a box-there was another full box of the same kind—he came in and bought a shillings worth and paid for them—I supplied him—he picked them out himself—they were put in paper—after he had left I counted the cigars again—there were only 33—he had
paid for live, and there had been 40 in the box—Taylor, the detective, was employed the next day, the 20th—on that day the prisoner came about 11.45—he stood where he usually did to take the cigars, at the side of the counter—50 cigars had been counted that night in one box, and there was a full box on the top of that—he seldom asked for anything, he was so accustomed to taking the cigars—the prisoner said "Have you got any cigars a little rougher than these?"—I said "Yes," and I went up the steps to set them—when up there I could not see him—I brought a box down—I don't know that they were rougher; they were lighter in colour—he said "These are too light; these will do," picking five threepenny cigars out of the full box on the top—he then handed me a two-shilling piece and gave me four cigars to wrap up—I gave him the four wrapped up and one shilling change—up to that time he had not spoken of buying any other cigars—I had given him the change before the officer came in—the officer said "You have been suspected of stealing cigars here; you have some in your pocket. I saw you put some in your pocket"—the prisoner said "I know I have; I have got 3s. worth; I am going to pay for them"—the officer took the 19 from his overcoat pocket on the right-hand side—they were not wrapped in anything, but all loose in his pocket—I counted the cigars in the box after the officer came in—there were 35 in one box—15 had been taken out of one box, the box he usually took them from, and four out of another—I had marked the 15 by putting half an inch of esparto grass down them—I can swear they were marked—the other four were not marked—the 15 made up the exact number in accordance with my counting that box—the other box was not counted—those cigars taken out of his overcoat pocket were a distinct cigar from those in paper—I don't know if he had a cigar on him—I saw one afterwards—when the cigars were taken out of his pocket the constable said "I shall have to take you in custody"—I went round to the station afterwards and signed the charge sheet—I was not told to do so—the prisoner said to me at the station "You won't press this charge against me; think of my wife and children. Surely, Mr. Potts, you won't press this charge against me; think of my wife"—I said "It is too late; I can't help it"—he said "If you think you have lost money since I have been a customer, if you think that 5l. will pay for it, I will pay for it"—he wanted to call me on one side to speak to me privately, but I would not listen to him.
Cross-examined. I had not been on more friendly terms with him than I had with dozens of customers—I knew him very well as a customer—I was at Lowden's for five years—I don't remember him there as a customer; he might have been—I had not the slightest idea that he was the managing clerk to a firm of solicitors, or that he was plaintiff in an action coming on the next morning at the Royal Courts of Justice—I had no curiosity to go and hear the trial—I had given him a cigar at Christmas and a copy of a piece of music, which is an advertisement for a cigarette—I was present when he was searched—8l. 18s. and some odd pence were found on him, and a couple of cheques—I know nothing about his having a banking account and owning house and other property at Peckham—I am sure I had given him change at the time the officer arrested him—he was on the turn away from the counter—I am nearly sure I only wrapped up four cigars—when the officer came in he said "I am a detective police officer," and the prisoner said "I know you are"—he appeared to know him.
Re-examined. My partner was not called on the first hearing, only myself and the officer—the prisoner was committed for trial then and remanded till the Friday for the reading over of the depositions.
GEORGE PALMER (City Police Sergeant 19). I am station sergeant at the Bridewell station—I was there when the charge was entered against the prisoner—he said to Mr. Sharp "Surely, Mr. Sharp, you are not going to charge me with stealing these cigars?"—Mr. Sharp replied "I am, it is not the first time"—he then said "But think of my position, think of my wife and family, I have been a customer of yours for a long time"—Mr. Sharp said "You have, too good a customer"—he then said, "Mr. Sharp, you say I have stolen some before this, will 5l. pay you?"—Mr. Sharpe said "I will not enter into that at all"—he repeated a number of times "Think of my position, surely you will not charge me"—certain articles were handed over to a friend of his next day by his direction—the whole of his personal property was given up—there was a cigar case with two cigars in it—Taylor opened it—I can't say how many it would hold—as Taylor went on searching him the prisoner handed five cigars to Taylor, and as he did so, a piece of paper dropped from his hand—I believe they were originally in the paper—I booked the five and the two as seven, and Taylor asked if they had anything to do with the charge, and Sharp said "Nothing at all, he has paid for them"—all I kept were the 19 alleged to have been stolen.
Cross-examined. He denied having stolen them, but said he was ready to pay for them—he said "Surely you don't think I have stolen them."
HENRY TAYLOR (City Detective). I watched this shop of Sharp and Potts by direction on the evening of 20th February—I saw the prisoner go in about 10 minutes to 12—I was on the opposite side of the street—I saw him go in, and I crossed over—the prisoner was standing near the counter, and I saw him place one or two boxes on the top of other boxes—Mr. Sharp was in the shop behind the counter—he put his hand into the box, and looking at Mr. Sharp, he took a handful and put them in his pocket—he did that three times—I saw him place a coin on the counter and pick up the change, and then I went in; he was about taking a packet of cigars wrapped in paper, and turning, when I said "I am a detective officer"—he said "Yes, I know you are"—I said "You have been suspected for a long time of stealing cigars here; how many have you in your right-hand pocket?"—he said "Oh, I have three shillings' worth; I was going to pay for them," at the same time placing his fingers in his pocket, as if to take some money—I saw no money but that taken from the counter in his hand—that was before the cigars were taken from his pocket—he took the cigars from his pocket, laid them on the counter, and I counted them—I said "19 here. That is more than three shillings' worth"—I had said before that, "Do you know the number you have?" and he said "Three shillings' worth"—I counted them—there were 19—he said "I am going to pay for them"—I took him into custody, and he was conveyed to the station at Bridewell Place—Mr. Sharp came there to sign the charge sheet—the prisoner said to him "I hope you will not prosecute me, on account of my wife and family"—Mr. Sharp said "It is not the first time you have taken them"—the prisoner said "If you say I have been robbing you, will 5l. repay you for your loss?"—Mr. Sharp said "It has gone too far now, it must go on"—there were 8l. odd, and two cheques, and a cigar case
found on him—the cigar case would hold ten cigars, I dare say—the five were put into it, and it was given up.
Cross-examined. I waited at the window a few minutes after the prisoner went in before I went in—young Mr. Potts was outside with me about 10 or 15 minutes before the prisoner came—he followed me into the shop, came in behind me to the best of my recollection—I really would not be sure whether he went in before me. I believe he followed me in—I first spoke to the prisoner—young Mr. Potts was in the shop then—I said "I am a detective officer"—no one had been in the shop from the time the prisoner went in till I walked up to him, that I am sure of—I did not say "You know me, don't you?"—I have seen him in Fleet Street waiting about the Courts—I was employed in reference to a pin which he lost—I have been to his office about it, but have never spoken to him about it—he was not in—I swear he did not say when I went into the shop, "I never stole anything in my life"—he was at the counter when I went in—he had got his change—he was not actually receiving the shilling as I went in—he was receiving a shilling as I was entering the door, and then he took the packet of cigars, and was turning round—he had not turned—old Mr. Potts, the father of one of the prosecutors, was there that night along with me at the shop window—I do not know that the prisoner was plaintiff in an action to be tried the following morning at the Royal Courts—I did not go to the Courts during the remand, and was not present at the trial of Manning v. Dainton before Mr. Justice Stephen on 23rd, when the prisoner got a verdict.
Re-examined. I was asked when before the Alderman whether he said 3s. or 4s.—I am quite sure he said 3s.
WILLIAM POTTS (City Detective). I am the father of Mr. Potts, Mr. Sharp's partner—I have never been called as a witness before, and was not intended to be a witness—I thought it better not to act in this matter, as he was my son—I have no ill-feeling against the prisoner; I never saw him before in my life.
Cross-examined. I was standing outside the shop that evening looking through the window.
Re-examined. I saw him at the side of the counter open a box while Mr. Sharp was farther up the counter up a ladder, and take some three times.
Prisoner's Statement before the Magistrate. "I had not completed my purchase, nor had I left the shop, nor the counter. I had the money in my left hand to pay for them. I had not the slightest intention of leaving that shop without paying for the whole of the cigars that I had taken."
The prisoner received a good character.
GUILTY .— Three Months' Hard Labour, and to pay the taxed costs of the prosecution .
435. HENRY DEW (42) and WILLIAM BUSH (45) , Unlawfully obtaining 3l. 14s. 6d. from Thomas Phythian by false pretences. Other Counts for obtaining money from other persons. Other Counts for conspiracy.
MR. WOODFALL Prosecuted; MR. KEITH FRITH Defended.
After the opening the defendants stating that they wished to PLEAD GUILTY to the counts for conspiracy, the Jury found them
GUILTY.— Judgment respited .
MR. LYNCH Prosecuted; MR. GEOGHEGAN Defended.
GRIMSHAW HAYES . I am a publisher—about 30th October last I received this bill, dated the 20th, purporting to be drawn by Herman Louis Mendel and accepted by the prisoner—I received it from a man named Grant, a commission agent, for 14 musical albums and 14 floral ones—on the Monday after the bill fell due I went to the prisoner—I had never seen him before—I told him I had called to see him about a bill of his—he said "Yes, I know about it; the clerk presented it to-day, and left me a piece of paper; I shall not pay the bill, as I have not received any consideration for it"—I said "That does not matter to me; I shall look to you for payment"—I had not the bill with me, but I showed him this letter; he read it and said "Mr. Mendell had no business to show that letter"—I saw him again on Friday night by appointment at the Old Jewry—he said "I have good news; I have seen Mendell and he is going to pay"—I said "When?"—he said "I don't know, but I am to see him at Cannon Street Station between half-past 10 and 11 on Monday morning"—I was to go there—I did not see him there—I received this letter, in consequence of which I did not go.
Cross-examined. I did not go and see the defendant after the action was commenced—I did not propose to him to pay half the loss—I said "Suppose we arrange it"—he would not agree to anything; he said he would not pay at all—I believe I have got a judgment against him for the full amount—the bill fell due on 23rd January—I believe Mr. Mendell generally goes by the name of Leo—the defendant told me on the 23rd that he knew Leo, and he also told me so in a letter—I don't know in whose writing the body of the bill is—I don't know Mr. Sykes—I heard Mendell say at the police-court that it was Mr. Sykes, and that it was an accommodation bill—I know that Mendell and the defendant have had other bills—I don't know that the defendant ever received a halfpenny of the bill.
Cross-examined. I am known as Leo among friends privately—I am a cosmopolitan—the prisoner is a journalist and is employed at Reuter's agency—he sometimes has to work the greater part of the night—we have had several bills together, about five—the body of this bill was written by Sykes, an agent, as he writes a better hand than I—there was another bill produced at the police-court drawn in favour of Mr. Bergwein for cigars; that was accepted by the prisoner; that may be the bill to which the prisoner alluded in his affidavit—it is torn now; it was whole at the police-court.
Cross-examined. I have known Mr. Mendell as trading under the name of Leo.
In the affidavit the prisoner stated that Mendell was unknown to him, and that he never accepted the bill or authorised any one to do so.
NEW COURT.—Thursday, March 22nd, 1883.
Before Mr. Common Serjeant.
MR. TURTON Prosecuted; MR. GEOGHEGAN Defended.
JOHN EVANS . I am a pipe fitter, of 6, Albion Place, Clerkenwell on Sunday morning, 4th March, between 2 and 3 o'clock, I was going home by myself along Farringdon Road towards a baked potato stall: the prisoner and three others met me, shoved against me—some of them wanted me to fight—the prisoner caught hold of the back of my neck, and said "Go on, old man; pay them"—he held me while one of the others rifled my pockets—there was only 1d. there—they did not take that—the prisoner pulled me backwards on the stones, and I had a long cut on the back of my head—I shouted "Police," and held the prisoner till a policeman came.
Cross-examined. I had been to a place of amusement and places of refreshment, and was a little the worse for liquor—I cannot tell you how much money I had—this is my hat, but I had on the prisoner's hat at the police-court—I picked it up—he and I had not a stand-up fight, but we had a tussle before I went down—he did not push me forward—I did not take his hat off.
ARTHUR JAMES . I am a page at 66, Compton Street, Clerkenwell Grove—I was going home along Farringdon Road on the Sunday morning between 2 and 3 o'clock with a parcel under my arm, and the prisoner stopped me—I had never seen him before—he was alone—I afterwards saw Evan on his back, and the prisoner picking his pockets and feeling him; a constable came up and Evans gave him in custody—he put his leg behind the policeman and tried to throw him down, and swore at him.
Cross-examined. I was about two yards from him a crowd 200 or 300 yards away; them were about twelve people; I pushed my way through them to see if it was the prisoner—the others assisted Mr. Evans—the prisoner had no hat on, and Mr. Evans's hat was knocked off.
HENRY NORTH (Policeman G 85). On 4th March I was on duty in Farringdon Road—I heard cries of police, and saw the prisoner and other men standing near Evans—I asked Evans what was the matter—he said that the prisoner and three other men had assaulted and tried to rob him—I told the prisoner. I should take him in custody—he said "You—, I will cook you"—I took him in custody; he put his leg between mine and tried to throw me—I got help, and held him in a doorway till another policeman came and took him to the station—Evans head was bleeding; the doctor dressed it.
Cross-examined. There may have been twelve people there—I saw James there—Evans had been drinking, but he knew what he was about—the prisoner was sober—I found some silver and bronze on him.
MORRIS. I am a surgeon, of 15, Percy Circus, King's Cross Road—I saw Evans on 4th March at 2.15 a.m.; he was bleeding from a lacerated wound three inches long at the back of his head, penetrating to the bone—there was danger from erysipelas, and there will be a scar.
GUILTY . He then PLEADED GUILTY** to a conviction at Clerkenwell in June, 1882.— Two Years' Hard Labour .
MR. GEOGHEGAN Prosecuted.
CORNELIUS DENYER . I keep the Welsh Harp—about 8.15 or 8.30 on 23rd February I was in Cable Street, St. George's-in-the-East, asking my way to St. George's Street, and Horrigan ran over and said "What do you want?"—I said "I want 122 1/2, St. George's Street," taking out my glasses to look at a card, and when I unbuttoned my coat he could see my watch-chain—I went to 122 1/2, and left in five minutes, and when I got to Cable Street I heard two persons running behind me; I made way for them, and one of them stopped in front of me; that was Horrigan—I saw his face—he looked down me as if he was looking at my watch-guard, and punched me in my chest—the other man pinned me by putting his knee in my back and pulling me down, but I did not fall—Horrigan took my watch, which cost 7l., and took a banker's bag with 2l. 7s. in it from my trousers pocket—I had other money in another pocket, but they did not take it—my chain was fixed to my button-hole, but Horrigan pulled it out, leaving a little piece behind, and a locket—I gave chase—I cannot swear to the other man, as he was behind me, but he was the height of Barry—I saw Horrigan two days after at Leman Street Police-station with seven others, and picked him out—I saw Barry at the police-court, and said he was like the man, but I could not swear to him.
Cross-examined by Horrigan. There were more than five others when I picked you out; two were costermongers and the rest were not respectable people—they were about your height and age—one or two were dressed better and one or two rather worse.
CHARLES MAIDMAN . I am 14 years old, and live at Grove Yard, St. George's-in-the-East—on 22nd February, about 8.30 p.m., I saw the two prisoners standing at the corner of the square talking together—I knew them by sight well, but did not know their names—I have seen them lots of times—they passed close to me, and shortly afterwards I heard a cry of "Stop thief!" and saw Denyer talking to a constable.
HENRY MATTHEWS (Policeman H 212). I received information and saw Horrigan in Cable Street at 10 p.m. on the 24th October—I said "I shall take you into custody on suspicion of assaulting and robbing a gentleman named Mr. Denyer, in Cable Street, last evening, at 8.30"—he said "All right, I will go with you, but I was not in Cable Street last evening, you have made a mistake; I was at the Unicorn, at Poplar, with another man till 11.30 in the evening"—he was placed with seven others of about the same description at the station, and Mr. Denyer identified him without any hesitation—Horrigan said that he was at a music-hall at the time—on the 27th I saw Barry come out of Enoch
Court, 500 or 600 yards from Cable Street, without a hat—I said "Your name is Barry"—he said "My name is Sullivan"—I said "Don't they call you Captain Barry?"—he said "Yes, they do"—I said "I shall take you in custody on suspicion of being concerned with another man in custody named Horrigan with assault and robbery in Cable Street"—he said "I was with Horrigan in Cable Street at 8.15 or 8.30 on Friday night; I don't know what he did with the watch"—I had mentioned the watch—on the way to the station he said "At 8.30 we went straight away to a music-hall, at Poplar, but being too late, 9 o'clock, we were not allowed to go in, and we both returned home again; I left him, and I mean to keep out of his company for the future"—he was put in the dock at the police-court, but Denyer could not identify him—they are strangers to me.
Cross-examined by Barry. I saw your brother first, and he said that his name was John Sullivan.
The Prisoners, in their Statements before the Magistrate, and in their defence, said that they were at High Street, Poplar, at the time in question.
GUILTY . The Jury recommended Barry to mercy, believing him to have acted under Horrigan's influence . HORRIGAN*†— Eighteen Months' Hard Labour . BARRY— Six Months' Hard Labour .
MR. TURTON Prosecuted; MR. FRITH Defended.
WILLIAM RICHARD GOLDIE . I am a clerk at 16, Edward Street, Mile End—on March 1, about 12.10, I was in Whitechapel Road, and at the corner of St. Mary Street was attacked from behind by two men, who pulled me down by my elbows, and a third man reached over my shoulder and took my watch—they snapped the chain off where the bar goes—two of them ran down St. Mary Road, and the prisoner ran in the main road—I cannot swear to his face because my glasses were knocked off and I am very short-sighted, but he was only three yards from me when I rose to my feet—I ran after him shouting "Police!" and a policeman caught him.
Cross-examined. The prisoner's father came to my house, and I told him that I was quite unable to swear to him, as I did not see the prisoner's face, but I am morally certain of him—the constable did not say "I dare say he is one of them, you had better charge him"—he said that he saw him running away from me—I don't remember stating in the presence of Mrs. Spencer that my evidence was too slight to convict the prisoner—I said that I was sorry for his parents, finding they were respectable working people.
JEREMIAH SULLIVAN (Policeman HR 7). On 1st March, about 12.10 a.m., I was on duty, heard a cry of "Police," and saw the prisoner run across the road by a hoarding two or three yards from the prosecutor—I ran, and when he saw me he walked—I stopped him—Goldie came up immediately, and said "This is one of them. I have been robbed of my watch and chain by three men, and this is one of them"—the prisoner said "No, I was coming down on the other side of the road"—I searched him; he had nothing on him—I saw Mr. Bull.
Cross-examined. This plan (produced) accurately represents the spot
—Goldie did not hesitate about charging the prisoner—he wished to see the prisoner's parents, and I went with him—I did not take him—I did not hear all that was said—I did not hear Goldie say that his evidence was a great deal too slight to hurt the prisoner—I did not let my inspector know that I was going there, but I was ordered by the Magistrate to make inquiries—I got nothing by going—I had to go about 200 yards—I had nothing to drink on the way, but I had something some time afterwards at his expense and at mine as well—I heard Goldie tell the Magistrate he could not swear to the prisoner—I did not hear him say that his mother had better go and ask the prisoner to admit that he was guilty—Bull came to the station when the charge was made—I paid two visits to the prisoner's parents; the first was to inform them that he was in custody—I said to the father "I saw your son running," not "I saw some one running on the other side of the road, some distance from where the robbery took place"—the mother was present as well—I admit all that, except the words "some one."
GEORGE BULL . I am a carman, of 35, Arbour Square, Stepney—on 1st March, a little after 12, I was in Whitechapel Road, and spoke to Sullivan—I then went westward about 30 yards, and saw four men struggling together; two of them broke away, and ran up St. Mary Street, and the third, the prisoner, seemed entangled with the prosecutor, but he broke away and ran across the road at right angle, leaving Goldie in a reclining position over the corner of some large timbers, with his hat off—the prisoner ran, but when he saw the constable he broke into a walk—I never lost sight of him from the time he disentangled himself till he was taken.
Cross-examined. I have not been to the prisoner's father's house, but he called on me twice—I said that all I saw was some chaps larking among themselves, and two ran down St. Mary Street, and one across the road—I did not say that I could not say whether the prisoner was the one who ran across the road—I said at the police-court that I was going westward in the direction of St. Mary Street, and if he had run down St. Mary Street he would have run into my arms—it was not pointed out to me that that was an absurdity, as he was running away from me; if it had not been for the corner of St. Mary Street we should have both met at the angle—I did not give his father any idea that I could settle the case, nor did I ask him to come and see me on the Tuesday evening following—I told him to meet me and the prosecutor on Tuesday evening if he liked, but I did not say that I would let him know how the case was going on, and that I dared say that I could settle it in that time—I had no drink with the constable—he was on duty.
NOT GUILTY .
MR. A. METCALFE Prosecuted; MR. BLACKWELL Defended.
in favour of Mr. McCloud, and endorsed "A. W. Hislop"—I said "You are a stranger to me, and I am not in the habit of changing cheques for strangers—he said "You will find it all right," and Mr. Purchase said "I think, South, you will find it all right; I have known him some time"—I gave him 6l. 10s. for it, believing that it was good, and that his statements were genuine—I paid it to Nicholson and Co., distillers, who refused to take it.
Cross-examined. I could not find the prisoner to tell him that it was dishonoured, but I told Mr. Purchase, who said that he had known him some time, but did not know where he lived—I changed the cheque on Mr. Purchase's introduction, not upon his statement.
WILLIAM HARDING (City Detective), On 1st March, about 4.30, I went with Mr. South and Mr. Purchase to Liverpool Street Station and saw the prisoner—Mr. South said "This man is an officer of the City Police; I shall give you in custody, and charge you with obtaining from me 6l. 10s. by means of this worthless cheque," producing it—he said "Yes that is the one I gave Mr. South"—I said "Where did you get it from?"—he said "From Mr. McCloud, in part payment of an amount of 10l. which he owes me"—I said "Who is Mr. McCloud?"—he said "I don't know"—I said "Where does he live?"—he said "I don't know; I meet him occasionally"—I said "This cheque is one of a number issued to a man named Arnold, of the Kennington Bank; who is Arnold?"—he said "I don't know; I know nothing about him"—he was taken to the station, and next morning, going to the Mansion House, he said "I cashed the cheque for Mr. McCloud; I received 3l. 15s. of the money; he had the rest"—I asked him who West was—he said "I understand he keeps a public-house in Whitechapel Road, the Two Bells"—I have made every possible endeavour, but cannot find West—I found the Two Bells, but West does not keep it, and has not for years—I saw Arnold last at noon to-day, and told him that the case would probably be on in a few minutes, and not to go away. (MR. METCALFE here stated that he would proceed upon the conspiracy counts only.)
Cross-examined. He said that he did not know who Mr. McCloud was or where he was—I took no notes—he did not say that McCloud had lodged at his house and gone away without paying him.
Re-examined. The prisoner was living in lodgings himself.
JAMES GEDDY . I am a clerk at the London and Provincial Bank, Kingsland branch—we have no branch at Newington, but we have at Stoke Newington—no George West has an account at our Kingsland or Stoke Newington branches—Arnold has an account at our Kingsland branch—I know his writing—the counterfoils in this cheque-book are his writing, but I find three counterfoils not marked, and I know by the number that this cheque belongs to one of them—his account is not closed, but it is dormant.
The COURT considered that there was not sufficient evidence on the Second count.
NOT GUILTY .
MR. MEAD Prosecuted; MR. BLACKWELL Defended.
Principal Agents and Exporters of Great Britain"—this (produced) is a copy for 1871 and 1872—my name and business are in it—I have not seen a later issue—on September 7, 1877, the prisoner called on me and produced a copy of the book, and asked me to have my name put in in capitals instead of small letters—he said that he canvassed for Wright, Son, and Co., of 102, Fleet Street—I gave him 5s., and he gave me a receipt, which I cannot find; it was like this one (produced)—there has been no 102, Fleet Street, since 1873, when it was pulled down for the Ludgate Circus—I went to look for it the day he called—I did not see him again till March 3 this year, when he came to the warehouse and said "I have called to renew the insertion in Wright's Handbook"—I asked him to come to the office at the back—he followed me, and I said in the presence of a witness "What have you called for?"—he said "A renewal of the insertion in 'Wright's Handbook'"—I said "Who are the publishers?"—he said "Wright, Son, and Co."—I said "What address?"—he said "102, Fleet Street"—I said "You are a scoundrel"—he seemed indignant—I said "You swindled me out of five shillings, and I will send for the police"—he went on his knees, and begged me for God's sake and mercy's sake to let him off, as he had a wife and family—I told him to get up—he then made a bolt, but I caught him—he made another attempt, but was caught in the warehouse, 120 feet off—he dropped this book and other orders he had received—the preface to the book is dated 1871, and the book is for 1871 and 1872—the books are exact duplicates—there are clerical errors in this one which are repeated in the book the prisoner left.
Cross-examined. He did not tell me that my name had already appeared—he showed it me in small print, and I paid him the 5s. to have it in capitals—I will pledge my oath I asked him the address, though it is five or six years ago—some one came to me calling himself the prisoner's cousin—I did not undertake not to go on if he would give me a promise not to bring an action for false imprisonment, but he said that he would pay my expenses if I would not go on—I said I should not be such a fool as to withdraw and have such a thing come up—he begged me again to withdraw—I said "No," and that if I did and accepted money I should subject myself to something severe, and if he had anything to propose he must do it by letter—he did not say that he would undertake not to bring an action for false imprisonment if I would let the prisoner go.
Re-examined. I believed him to be the canvasser to Wright, Son, and Co., of 102, Fleet Street, and that it was an annual publication—I took an old Directory down, saw the address, and thought it had been established several years—I asked for the address before I paid the money—that is the man (pointing) who said he would pay all expenses if I would withdraw, and I afterwards received a letter from him.
JAMES CROCKER . I am in the employ of W. Mitchell, a steel pen maker, of 44, Cannon Street—on 25th November, 1880, the prisoner called and asked me for a renewal of the advertisement in "Wright's Handbook"—the firm had advertised in it—I referred him to Mr. Mitchell, whom he asked if the advertisement could be renewed—he said "Yes"—I paid the prisoner 1l. 10s., and he wrote this receipt in my presence (Dated November 25th, 1880, for 1l. 10s.)—on December 23rd, 1881, the prisoner called again for a renewal in "Wright's Handbook"—I paid him 1l. 10s., and he gave me this receipt—on December 19th,
1882, he called again for a renewal—I submitted it to Mr. Mitchell, and paid the prisoner 1l. 10s., believing he was the agent for "Wright's Handbook," and that the book was in existence then.
Cross-examined. I understood that I was paying in advance, and the book was to come out the next year—he did not tell me that it was actually in existence.
MICHAEL YOUNG . I am manager to Yates, Hayward, and Co., Limited, 95, Upper Thames Street—on 26th September the prisoner called and asked me to insert an advertisement in "Wright's Improved Handbook"—I agreed to do so, and paid him 1l. 5s.—he gave me this receipt—he brought a similar book to this, marked 1881-2, and I understood that a new volume was in preparation.
Cross-examined. I had paid my money when he gave the receipt—I will not swear that I saw those figures on the back of the book.
EDWARD INGLEBY . I am manager to Mr. Lamb, publisher of the "International Guide" and other works—I am familiar with handbooks and directories—no such book as "Wright and Co.'s Improved Handbook" is now published; the last was published in December, 1871, and I have produced it to-day—I remember the firm of Wright and Co., of 153 and 102, Fleet Street, and Stamford Street, Blackfriars—I cannot say when they ceased to carry on business at No. 102—they were there up to 1874, and they carried on the canvas after the last book was published—Mr. Wright, the head of the firm, is dead—he entered our employ about November, 1879, and was in our office during 1880, so that, as far as I know, he was not carrying on the publication of the book at that time.
Cross-examined. I have heard that his private address was 19, Bride Street, Barnsbury—I do a great deal of canvassing—it would take 12 months to get up a new edition of this book—I knew the prisoner as a canvasser in Wright's service—I heard Mr. Wright say that be should not bring out another edition of the book—Mr. Lamb employed Wright out of charity—he said he would take the prisoner into his employ if he could find security—that was before he was arrested—the prisoner could not bring out this book by himself; it would take him a lifetime to collect the information, and it would take twenty canvassers to bring it out in a year.
HENRY TAYLOR (City Detective). I have been 13 years in the City Police—102, Fleet Street ceased to exist 11 years ago—I have consulted the Directory for six years back, and have made inquiries in the neighbourhood, and can find no such firm as Wright, Son, and Co. in Fleet Street.
JOHN STERRY BAYNE . I am manager to Mr. Crossthwaite—I was present on 3rd March when the prisoner came—I heard Mr. Crossthwaite ask him where the office was—he said 102 or 103, Fleet Street, I am not sure which—he was then given in custody.
GUILTY .— Eighteen Months' Hard Labour .
MR. TICKELL Prosecuted; MR. PURCELL Defended.
CHSITOPHER WILCOX . I am a detective officer of the London and St. Katherine's Docks—about half-past 5 o'clock on Thursday, 22nd Feb., I was in the docks, near shed No. 21, and saw Cowderoy coming from underneath the platform, which is about three feet from the ground—he was stooping under the platform, when he got up I saw something underneath his jacket; he went round to the urinal—after four or five minutes he came out with Martin, and together they went towards the Central Buffet—when they had stayed there three or four minutes the dock bell rang for the train, and they went to the station—I went to them and said to Cowderoy "Have you got anything about you that you cannot give a satisfactory account of? I am about to search you, and it would be much better if either of you two have anything about you to show me or tell me"—Cowderoy said he had nothing, and then I searched Martin, and Martin pulled up his guernsey, and between his guernsey and trowsers was this tile of copper (produced)—it weighs about 56 lb.—I then told them I should take both of them into custody and charge them with being concerned in stealing a tile of copper—Cowderoy asked me what for—I told him that he would be charged as I saw him come out of No. 21 shed from under the platform—I told them to sit down and take it quiet, and I sent for assistance—Martin looked through the window, and finding the constable had gone for assistance, he said to Cowderoy, "Now is our time to clear"—Martin took hold of me by the right hand; Cowderoy came, and I took hold of him, and we had a severe struggle—I sang out for help, when the dock officials came to my assistance—the two men were then detained, taken to Plaistow Station, and charged—on the way to the station Cowderoy asked me the value of the copper—I said I thought from 3l. to 5l.—Martin said "I suppose I shall know the value before it is done"—he said that Cowderoy was not with him—he said in the presence of Hamilton that he had left his pay-box at 5 o'clock and walked with his foreman to the Buffet Hotel and had some beer there with his foreman—I had not seen Martin until he came out of the urinal—I looked under the platform the next morning and saw there an indentation in the ground as if made by that heavy thing resting there—I have known Cowderoy for four or five years, and Martin probably about two, employed at Mr. West's.
Cross-examined. When taking them to the station Martin said "I had the copper; Cowderoy knew nothing about it;" and "I was not in the urinal; I went to the Central Buffet with my foreman, and we had some beer together"—that was said in the presence of Hamilton—his foreman is Hammond—I was about 30 yards from this shed—it was 5.30 when I apprehended them—I made a mistake when before the Magistrate if I said "I saw Cowderoy come from the shed at 5.30"—I stopped him at 5.30—the men knock off work at 5 o'clock—the business of the dock closes at 4 o'clock, Mr. West's stevedores knock off at 5 o'clock—he has about 60—there were no other persons near, no one between me and the shed—I saw Cowderoy go to the urinal—I did not see Martin go in, they came out together—I was about 60 yards from the urinal—I did not follow them into the Central Buffet, I stayed where I was and kept observation on them for 8 to 10 minutes—I did not see any other
persons go into the Central Hotel—it is a public-house in the docks—nobody came out besides these two when the railway bell rang—when I spoke to them Martin produced the copper from his trousers—he did not say he had picked it up; he said "This is it," and that he had found it in the urinal—I have been in the place a number of years—it was No. 21 shed, I called it 18 at the police-court—even numbers are on one side and odd on the other—they are all the same height.
MATTHEW CORPS . I live at Rathbone Street, Canning Town, and am a lighterman—on 16th and 17th February I was lighterman on board the barge Globe, at the Albert Dock, loaded with copper, which was being taken to the steamship Decca and put down hatchway 3—the copper was called tiles, and was similar to this—it was marked with a "G" and a "J," in white paint like this—the Decca sailed on 21st February.
Cross-examined. Only me and my foreman were employed in loading it—a number of men were employed on the barge, but not in loading it—1,989 tiles were loaded into the vessel—there was none loaded into any other vessel to my knowledge—I load ships with these tiles when ordered—it may be this was not the only ship loaded with tiles at the Albert Dock within the last twelve months, I do not know—I was not connected with the Decca.
WILLIAM HAMMOND . I am foreman stevedore, employed at the Albert Dock—on 16th and 17th February I was foreman of a gang taking copper from the barge Globe to the steamship Decca—Cowderoy was one of the gang working at hatchway 3, where the copper was taken in—he would have access to the copper.
Cross-examined. I did not go to the hotel with Cowderoy just before his arrest—he had been to his box for his money just before his arrest—about three minutes after I had seen him paid I took my money and went straight to the Central Hotel with the foreman of the shop—some of our gang were there when I got there—somebody was always going in and coming out—there were a number of men employed in loading the Decca—there were 13 under me.
Cross-examined. I have no doubt I was there on the evening this man was taken into custody—we knock off at 5 o'clock—we sometimes go into the Central Hotel on the way off.
HENRY MORING . I am a clerk in the employ of Pasco, Grenfell, and Sons, copper smelters—we executed an order for copper to be sent to Calcutta for the Government through the broker—we sent the copper per steamship Decca, I believe on 16th or 17th February—the copper was similar to this—it was, branded "G," which stands for our firm, and marked "T" in paint.
Cross-examined. The "T" is the shipping mark—all the tiles we deliver are not marked "G" and "T"—it was only for this special order—we put different letters for different consignments, according to our instructions.
Re-examined. This "G" and "T" were for this special order and special ship—we have had no such order lately.
GUILTY . COWDEROY PLEADED GUILTY to a previous conviction of felony in October, 1881.— Eighteen Months' Hard Labour each .
MR. CULPEPER Prosecuted.
JOSEPH THOMAS JEFFERIES (the elder). The prisoner is my son—on the night of 4th March my daughter sung out that she thought somebody was in the room, and I sung out to my other son to get a light, and when he brought up the light I found the prisoner lying under the bed—he showed fight to me, and my son came up and closed on him and held him, and he pleaded me to let him go on account of his mother being dead, and he went away—I live at 16, Stevenson Street, Camden Town—we made an inspection of the premises after he left, and found my son's trousers disturbed—none of my property was disturbed—outside the house I found a ladder up to a window at the back of the house, resting on the side of the lower skirting—the window was open—I next morning went after the prisoner, found him in the lodging-house, and gave him into custody.
Cross-examined by the Prisoner. You might have been feigning sleep when I found you under the bed and pulled you out by the legs—you were not asleep, I cannot say—you were a little in liquor.
JOSEPH THOMAS JEFFERIES (the younger). I live with my father at Stevenson Street—on the night of 3rd March I went to bed about 11 o'clock—the doors and windows were all shut; there was no fastening to this window, it was shut—on the morning of 4th March, about 3 or 4 o'clock, my father sung out there was somebody in the house—he called out for a light, and I brought a light and found my brother under the bed—my father asked him to come out—when he came out he showed fight; I tackled him, held him down on the bed, and my father called "Police"—he asked for his mother's sake to let him go; we let him go—I went back to my bedroom, and missed 2l. 9s. 6d. out of my pocket—30s. of it was in gold—I know it was safe in my pocket when I went to bed.
Cross-examined. I did not say at first it was 1l. 9s. I had in my pocket—I said at the police-court it was 2l. 9s. 6d.—you did not appear to be in liquor.
JOHN CANN (Policeman K 430). On 4th March, about half-past 10, I went to St. James's Chambers, High Street, Poplar—I found the prisoner in the bedroom, dressing—I told him I wanted him—he said "What for?" I said "Your father is downstairs; I will tell you the charge when I get down"—we went downstairs—I told him the charge; he denied it—he said to his father "You are working up something new;" his father said "I should not have done it if you had not taken the money"—I took him to the Plaistow Police-station and searched him—I found on him the sovereign, half-sovereign, and 19s. 6d. in silver wrapped up and concealed in the lining of his coat.
The prisoner, in a written defence, stated that his brother and sister had set his father against him; that he had met a man who owed him money, and who said he had paid it to his brother Joseph; that he wrote to his brother saying he should expect it on Saturday night; that he had too much to drink, and, forgetting it was so late, went in by the back way and lay down to sleep under his father's bed; and that the 2l. 9s. 6d. found on him was his own.
NOT GUILTY .
MR. TURTON Prosecuted.
SAMUEL HUXTER (Policeman P 375). A few minutes after 3 o'clock on the morning of 26th February, I was on duty at Silverdale, Sydenham, when I saw the prisoner coming towards me—I waited till he got opposite me, and asked him were he came from—he said "I came across the Recreation Ground"—I noticed he looked bulky—I examined his left-hand overcoat pocket and found this sugar basin (produced)—I told him I was not satisfied with what he had told me, and that I should take him to the station—I took him, he was searched, and we found on him eight plated teaspoons, an aluminium pencil case, and wrapped round his shoulders this lady's Ulster.
EDWARD JOHN GRIFFITHS . I live at Elm Croft, Silverdale, and am a stockbroker's clerk—I went to bed about 11 o'clock on this night, and next morning was woke by the police about 7 o'clock—I went downstairs and found the window in the breakfast-room open and the glass broken—I looked and found eight teaspoons, a silver sugar basin, and an aluminium pencil case and an Ulster had gone—these (produced) are my property—the window was always fastened and the house shut up at night.
GEORGE PRENDERGAST (Inspector P). On the morning of Monday, 26th February, I was on duty at Sydenham Police-station—at 3.40 the prisoner was brought in—he was searched in my presence—I found on him these things, a silver sugar basin, the eight plated teaspoons, an aluminium gold pencil case, and a lady's Ulster, and a knife—I went to Elm Croft, saw what had happened, and found the breakfast-room window open with the glass broken near the catch, and with marks of prising—the marks corresponded with the blade of this knife.
GUILTY . He PLEADED GUILTY to a previous conviction of felony in November, 1880.— Eighteen Months' Hard Labour .
445. WILLIAM WALTERS (50) PLEADED GUILTY to burglary in the dwelling-house of Charles Coombe, with intent to steal therein, also to a previous conviction in April, 1877, in the name of William Wilmot .— Five Years' Penal Servitude .
Before Mr. Common Serjeant.
MR. TURTON Prosecuted.
RICHARD FANCOURT . I am assistant to Patrick O'Donnell, tailor and grocer, of 19, Church Street, Greenwich—on 7th February, about 3 o'clock, I was dressing the window, and had seven guernseys on the counter—I was called to the other shop to serve a customer, and was away a quarter of an hour, and then missed three of the guernseys off the counter—these are two of them (produced)—they are worth 4s. 3d. each.
MARY ASKE . I live at 19, Church Street, Greenwich—on 7th February, about 3.30 p.m., I was in Mr. O'Donnell's shop, and saw the prisoner talking to two men on the other side of the street—one of the others went into the shop and took the guernseys"—they saw me looking, and went a little farther on—I went from the baker's shop into the clothes shop, and he went out at the door before I reached it, and crossed the road with the guernseys under his coat and the ends peeping out—that was not the prisoner—I ran after him but could not catch him.
FREDERICK HOOKHAM . I am assistant to Mr. Phillips, a pawnbroker, of Deptford—on 7th February, about 5 p.m., the prisoner pledged this guernsey (produced) with me for 2s. 6d. in the name of John Jackson—this is the ticket—he came again next morning with another guernsey—I said "Is this your property?" and he said "Yes"—I said "We have information that it is stolen, and I shall detain it"—I called the foreman, who asked the prisoner where he got it—he said "I bought it on Saturday at Groves's, in the New Cut, Lambeth"—the foreman said "No doubt it is stolen; you had better fetch a policeman"—the prisoner said "I will go and get a friend who was with me when I bought it"—he went outside, and I never saw him again.
FREDERICK FORTH (Policeman R). On 19th February I stopped the prisoner, who was loitering in Greenwich Road with two others, and said "I shall take you in custody on suspicion of stealing articles from various shops in Greenwich"—he made no reply—I took him to the station—he was placed with the other two and six others and identified—he said to the other two "This will do me till Christmas; I will wish you good-bye"—I had been looking-for him from the description given.
GUILTY . He then PLEADED GUILTY** to a conviction at Greenwich in March, 1881.— Five Years' Penal Servitude .
Before Mr. Recorder.
MR. HEWICK Prosecuted; MR. GEOGHEGAN defended Warren.
FRANCIS MARSH . I am wharf clerk at the Coal Co-operative Company's branch premises at Deptford—on Saturday morning, 3rd March, about 6.45, I went to the wharf and saw both the prisoners there—King was foreman of the gang—Warren has been a customer for six years—Warren was about leaving with his van loaded with coal—I went up to him and said "How much this morning, Mr. Warren?"—he said "One ton and a quarter"—I inquired for King—before I could speak to him he came up and said "A ton and a half"—I said "Warren says a ton and a quarter, and you have given a ton and a half. I will have them weighed out," and I ordered them to be weighed out—in the interval Warren took the opportunity of driving off—I had considerable trouble in fetching him back—he bad got about from 50 to 60 yards—I followed him, and with difficulty I brought him back, and I had the coals weighed out at our regular weighing place, where it was King's duty to weigh the coal—the weight was exactly 18 sacks, 11cwt. more than I should be paid for, and 6cwt. more than King accounted for—I did not see the slate—I had not used the slate that morning—the coal was loose in the van, with the exception of 4cwt. in two sacks, which he usually takes in the tail of the van—I have a son who has been employed under me for the last three
years—Warren used to call every day in the week except Mondays and Wednesdays as a rule; on Saturday he came twice—he might come occasionally on other occasions, but very seldom—after this I discharged King and gave information to Mr. Foster, the secretary.
Cross-examined. King was the person responsible to me for the weight of the coals—he told me at once, before I asked him, that it was a ton and a half—King keeps the tally in my absence—it is kept on a slate, and the tickets are issued by me, and my son when present—he issues a ticket to the dealer to take to King—my son sometimes keeps the tally—it was King's duty to keep it, he is always there—the tally is checked in the evening—he enters it at the time the coals are weighed, as soon as they are gone, I suppose, if he has the slate, but he had not the slate that morning, because neither I nor my son had arrived—he would have to trust to his, memory in the individual case of Warren just for a few minutes—there were no other coal dealers there that morning—very rarely any come so early except Warren—I get there at 8, the gates are open at 6—as to the coal sold between 6 and 8, King would have to trust to his memory—it never happens that he does not get the slate till the evening—he gets it at breakfast, when the office is open—if I am not there, my son is—there was not another cart loading when I got there; that I am quite sure about—I Was an acting inspector of police for the latter part of my 24 years' service—at the police-station two other men were discharged—I am not under notice to go; I was, three weeks previous to this occurrence—since I made the charge against the four men that notice has been withdrawn; it was pending a few days before that—it had nothing to do with this case—there was some delay in finding a person to succeed me, and it was under consideration whether I should be retained or not—I was to be sent away because I did not keep sufficient superintendence of the wharf, unfortunately trusting to King—since this charge against the prisoners I have been reinstated—Warren is a dealer—he comes to us for coals, and goes his round in the morning—there are many other coal wharves in Deptford besides ours to which dealers go.
King. Did I ever have charge of the wharf? Witness. Always for two years past—you were mending sacks for a day or two. King. You were under notice to leave, and you said you would not leave fowls that laid golden eggs. Witness. I don't know what you are talking about—there was a Sealer named Bush there that morning for a quarter of a ton—after you were discharged you brought back 4s. 9d. for that—I had forgotten that.
Re-examined. I was under notice because I could not give a satisfactory account of the quality of the coal on the wharf, and other matters—there was a large deficiency somehow, and I could not account for it—I told King frequently about it, and I mentioned it to Warren, knowing him so long, and his son working for me for four years, and that same day I have reason to believe he took away four tons.
EDMUND JAMES MARSH . I was in the employ of this Company on this occasion—on the morning of 3rd March, about 10 minutes past 6, I was watching by the Globe public-house, in Evelyn Street, Deptford, about a quarter of a mile from the wharf—I was watching for Warren coming, to see whether his van was empty—I saw him driving in a covered van—I could see inside it from where I stood, the tail-board was down—I saw
two empty sacks and a plank in the van as it passed—there was no coal in the van—it was going towards the wharf.
Cross-examined. I was about a dozen yards from the van when it passed me—my father had told me to watch whether Warren's van was empty—the van is about four feet nine inches high—I did not measure it—I did not go to the wharf when the van was unloaded—I generally get to the wharf about 8 in the morning—I go there before my father—I have to copy from the slate all the dealers that have been, and enter them in a book—King brings the slate to the wharf—I take it to him in the morning—my father gets to the wharf about half an hour after me.
Cross-examined by King. I have always brought the slate down to you in the morning—you have not to wait till after dinner before you get the slate, not on any occasion—you do not get it when you come back from your dinner.
WILLIAM PATTER . I am a carman in the employ of this coal company, at Deptford—on 3rd March I was present when the coal in Warren's van was weighed—there were 18 sacks (36 cwt.)—it was loose in the van, all but two sacks—I was not there when the coal went out—I am often there when coal goes out—King has charge of the weighing—it is entered on a slate—I go to the stable the first thing in the morning—I get to the wharf at all times—the slate is kept in the office, and when the clerk, Mr. Marsh, comes, the foreman, King, comes down for it, and he gives it to him after breakfast, at about half-past 8.
Cross-examined by MR. GEOGHEGAN. I was waiting for a load to go to Lee—there was no other carman there besides me; there were the prisoners, Delany, and Mr. Marsh—there was no one else—I did not see Bush or Quirk—I did not see the loading, I came up just at they had loaded the van.
Cross-examined by King. I have seen you weighing coal every time I have been there—you had put lumps on and taken lumps off—you had to screen them as well—I have seen the young master bring the slate to you, and you have taken it.
Cross-examined. It is a limited company, registered under the Industrial and Provident Society Acts—Mr. Thomas Hughes, Q. C., is the chairman.
JOSEPH JOYCE (Detective R). I received information on Wednesday, 7th March, and apprehended King in Bush Road, Rotherhithe—I told him the charge—he said "Very well, I will go quietly"—I took him to the station.
THOMAS FRANCIS (Police Sergeant R). On 7th March I took Warren into custody at the Lord Clyde beer-house, Deptford—I told him I was a police officer, and he would have to accompany me to the station—I there told him he would be charged with others in stealing 11 cwt. of coals, the property of the Coal Co-operative Company—he said "They will have to prove it."
Cross-examined by MR. GEOGHEGAN. I have known Warren 10 years—I have heard that he has been 19 years in Deptford, and I have known him as a respectable man.
Witnesses for King.
there, about two years and a half—I am not working there now—King's duty was to screen and back the coal and Delany shovelled them.
Cross-examined. King is my wife's brother-in-law—I was foreman at this wharf before King—the machine we used is a patent weighing machine called a Bob, and when a sack has two cwt. in it, it springs off of its own accord; but there might be more, no man can tell how much there is in the sack—I had 23s. a week, and I believe King had the same—there is nothing extra paid for weighing—I was not employed on the wharf.
By the COURT. I have seen King make entries on the slate; that was his duty; I can't say what the entries were—I used to make entries on the slate when I was in his place; I generally entered the number of trucks when I had a chance and the weight of the coals that went out to dealers, but I could not say whether it was correct because some of the dealers would come two or three times and sometimes four, and if I was busy I could not get away to put it down on the slate; it might be night time before I put it down. and I was not sure then whether it was two tons or a ton and a half; I put it down from memory as well as I could recollect—during the time I was there Mr. Marsh has often spoken to me about the deficiency of coals—I was discharged about last June for getting drunk—I had a week's notice, but I got my week's money; I was told I could come day work—I worked two days and then stopped away—I am not working on and off there now—the last time I was working there was the Wednesday before the prisoners were at Green-wich Police-court.
GEORGE WARREN . I am a labourer and am a son of the prisoner Warren—I am doing his work now; I carry the sacks up to back them—I always weighed them except on one occasion—I was there on the morning of 3rd March and backed up the coals in the van—I saw them weighed afterwards; there were 18 sacks—sometimes King did not get the slate till 2 or 3 in the afternoon, and sometimes at half-past 10 or 11—there was no certain time for it.
DENNIS DELANEY . I am a labourer and work at the Co-operative coal place—George Warren and his father used to weigh the coals and carry them up—King received the slate sometimes between 2 and 3 in the afternoon.
Cross-examined. I was charged at the police-court and was discharged from the service of the company.
King's Defence. About nine months ago Mr. Marsh told me to leave the wharf and mend the sacks and look after the tools. He never said anything about my being responsible for the coals. On the Saturday we were charged with stealing these coals Warren came to the wharf; I asked him how many he was going to have; he did not answer me at first. I asked him again and he said a ton and a half. I said "All right," and we loaded 15 sacks. Mr. Marsh came down and asked Warren how many he had got. He said "A ton and a quarter." Mr. Marsh said "No," and said to me "Warren has a ton and a quarter this morning"—I said "No, a ton and a half." Mr. Marsh said "Stop; he is going to rob me of my coals." He ordered him to be brought back, and the coal was weighed. I cannot give any account of the six sacks because I do not know what he had in his van.
NOT GUILTY . There was another indictment against the prisoners, which was postponed till next Session .
448. DANIEL BUCKLEY (28), MARY ANN BENSON (23), JOHN WYNN , and JOHN BENNETT (21), indicted with GEORGE HENRY PAULTON (since deceased) for burglary in the dwelling-house of Henry Medcalf, and stealing a bottle of spirits, a box of cigars, and 15s.
MR. GRIFFITHS Prosecuted.
HENRY MEDCALF . I keep all the Bell Hotel, Lower Sydenham, in the parish of Lewisham—I know all the prisoners well—Wynn worked for me for a fortnight about four months ago—on Saturday, 10th February, Buckley came in about half-past 5 in the morning and waited there till about 7 smoking a short pipe—he seemed to me to be watching my movements—he was in the further bar, a public bar, near the fireplace, not the one that was broken into afterwards—I have a bar parlour that looks on to a garden—on the Saturday night when I went to bed there were bottles of brandy, whisky, gin, and rum on the counter in the bar, which they could get into through the parlour—there were 10s. in copper on the cheffonier and 5s. in silver on the mantelpiece in the bar parlour—there was also a desk there and some bottles of rum underneath the bar—Bennett was about the house nearly all day—I went to bed nearly at 1 o'clock on Sunday morning; before doing so I saw the house was safely fastened up—I was so particular about it that I made my daughter pull up the blind to see that the window was properly fastened—about 8 o'clock in the morning I came down and found that the parlour window had been opened—the desk and workbox had been taken out of the parlour into the garden—the desk had been broken open and the inkstand and everything had some loose money belonging to my daughter had been taken out—I missed three bottles of gin, one of brandy, and one of whisky, and a box of cigars, and 15s.
Cross-examined by Bennett. It was a little before 12 when you left the house—I don't know if it was half an hour or more.
WILLIAM JURY (Police Inspector P). I received information of this robbery, and on Sunday morning, the 11th, went to the Bell—I went to the bar parlour at 1 o'clock and found the room near the window in confusion—I went outside and examined the window and found entrance had been gained by forcing back the catch with some instrument—I then saw beneath the window footprints, as if two distinct people had been standing on the ground—I found several boxes moved from inside the room, a workbox and so on, and on pushing them back I found this hat and this pipe.
WILLIAM JONES . I live at Lower Sydenham—on Saturday, 10th February, I went to the Bell Hotel about 11 o'clock—all five of the prisoners were there; I know them well—about half-past 11 I heard Wynn say he meant breaking in that night—he turned round and said, "Don't let that b—copper know nothing," meaning me; he did not see me first till he turned round—I have not been a policeman—in consequence of that I thought it was my duty to keep an eye on them—I saw them leave the house at closing time separately—I walked away and went round the square—they were all together afterwards when they came round—I hid myself in the back garden of an empty house adjoining the Bell—I could see the back window of the parlour of the Bell from where I was stationed—I saw Wynn, and Buckley, and Bennett come inside the garden of the Bell; Paulton and Benson were outside—Buckley lifted the window up;
he got inside and Wynn followed him—Paulton and Bennett were outside, and the woman was at the corner looking out—I saw Buckley hand four or five bottles to Wynn, who gave them out of the window to Bennett and Paulton—Wynn said, "This is all I have got, I have only got 15s.," and he handed it over to this young woman, and she said, "This is a b—fine lot"—that was when they came out of the window—I did not hear them say anything before they got out—Wynn and Buckley went indoors, they live in one house; I watched them; the others went the other way—I have been knocked about to-day by Wynn's father-in-law, and a woman hit me dreadfully yesterday—they are outside the Court now.
Cross-examined by Buckley. I saw you there at 11 o'clock and at half-past 12—you were all together, all the lot of you.
Cross-examined by Wynn. I saw you in the Bell.
Cross-examined by Bennett. When I saw this I thought I would walk about, as you are a bad lot—I gave information to Mr. Medcalf on the Monday—I know nothing about any reward, I don't want any.
GEORGINA PAY . I live next door to the Bell—about half-past 2 on Sunday morning, 11th February, I heard the voices of several persons in the garden of the Bell—my bedroom window looks over the garden—I did not look out.
THOMAS STRATTON . I am a shoemaker at Lower Sydenham—I knew Paulton—I saw him about a quarter to 12 on Sunday night, 11th Feb-ruary; he was tipsy—he said something to me, and I went into his house, and he brought me down a half-pint tumbler of rum.
Cross-examined by Wynn. I did not tell you that Paulton told me that him and another man not in custody did this robbery.
JOSEPH ROGERS (Policeman P 517). I was on duty near the Bell on Saturday night, 11th February, at 12 o'clock—I heard a noise there and went to see what it was, and I saw all the prisoners and Paulton outside—I knew them well—Buckley took off his coat to fight me—I told him he had better go home—he asked me to give him a light for his pipe; I refused—he was smoking a short pipe similar to the one produced—he went round the lane leading to the back of the Bell, the others went up the Sydenham road—it was a quarter to I before I could get them all away—I did not see them after.
JAMES EIDER (Detective P). I received information of this burglary, and apprehended Wynn on the 18th at Forest Hill—I charged him with being concerned with others in breaking and entering the Bell public-house—he said, "I know nothing at all about it, I was not near the Bell after 2 in the afternoon, and I was in bed at 20 minutes to 12"—I also arrested Benson, and charged her with being concerned with the others—she made no answer—next day, the 19th, I apprehended Bennett at Sydenham Road—he made no answer to the charge.
The prisoners, in their defence, denied the charge, and Buckley, Wynn, and Bennett called the following witnesses:—
I went in at half-past 10, and came out at 12, closing time—Buckley' Paulton, and Bennett were there—they did not come out at the same time—I saw Bennett and Paulton go away together at half-past 11, and another man with them—I never saw my brother till I went home—I took Buckley home—he asked the constable for a light, and the constable said if he was not off home he would have him locked up—he was drunk, and I took him home—he lives in the same lodging, within 150 or 200 yards of the Bell—when we left the constable it was about 10 minutes past 12—when I got home I knocked at the door; his mother let us in, and I went upstairs—mother called me to give me my supper, and she said my brother had gone to bed—I did not see Buckley till the following Sunday—after I had my supper I went to bed, and my brother was in bed; I slept with him—he said, "This is a nice time to come in"—I began telling him about Buckley having a row with the policeman about not giving him a light—I went to sleep, and we got up at half-past 8 and had breakfast together.
Cross-examined. I did not notice what pipe Buckley was smoking that night—I would not say that this was not the pipe—my brother was not at the Bell, I swear that—I am now at work for Mr. Meyrick; at that time I was working on the sewer at Downgate Hill—Buckley does not sleep in the same room with me.
JOHN BUCKLEY . I am Buckley's father—I have been paying for his lodging; when he was out of work he stopped with me for a few nights—on Saturday, 10th February, I was out of work, and I continued to pay for his lodgings elsewhere—my son was brought home by the last witness—I was in bed downstairs—my miss is got up and opened the door and let him in—I noticed he came in when the light was lit—it was 12.15—I know because the clock was just facing me—he had had a drop of drink—the bed was made, and he laid down, and he was a-bed at 12.30—he slept in my room, and he did not get out before 12 o'clock—he and Henry Wynn went upstairs, and the door was locked after them, and nobody went in afterwards—I was awake pretty nearly all night with a bad cough—nobody could go in or out unknown to me.
Cross-examined. My wife locked the room door where I slept and put the key on the mantelpiece—I heard the clock strike 12, and 1, 2, 3, 4, and 5 o'clock—my son smokes a clay pipe something similar to this—things don't run to a meerschaum.
JOHN COLLINGS . I am a bricklayer and sub-contractor—Wynn is my stepson; he lives in the same house with me—he slept in my house on the 10th, Saturday—he was in bed at twenty minutes past 12 o'clock, and he came to me next morning when I was having my breakfast—I have had him under my notice for 13 years—he had been in some of the principal houses in Sydenham, working with me jobbing—I never knew him to do any dishonest transaction.
Cross-examined. He slept in the next room to me on the second floor—it was twenty minutes or half-past 12 o'clock when he came in; I was having my supper at the time, I was just turning into bed—I slept soundly that night—I have seen witness Jones this week about the Court—I have not spoken to him—I have never threatened to do for him—I never laid my hands on him or threatened him—I never saw the man; I don't know him—I never molested him—I only spoke chaffingly to him—I don't know what the woman did to him.
WILLIAM JOHNSON MURPHY . I am a bricklayer—I have known Wynn about three years—I live half a mile from him—I was at the Bell on Saturday evening, 10th February, up to 11 o'clock, with Bennett, waiting for our moneys up to about 12 o'clock—Wynn was not there, Buckley was, and Paulton was there, but that is not what I have come here for—I have come to refute the evidence of Jones—I met him on the Saturday week after the robbery—he said that he was having a pint of ale in the bar and he heard the landlord and two detectives talking over the counter, and they mentioned Buckley and Wynn, and he said he had his knife in against these two men, and there was a reward of 2l. offered—I said I did not know that Buckley ever stole anything in his life; he would not steal a red herring off a gridiron; he had not the heart to do it—Jones said "How can he live doing nothing, only walking about? "—I remarked that his mother kept him, that he used to help her now and then carrying her goods about.
Cross-examined. I was before the Magistrate and gave evidence—I suppose it was taken down—I was not bound over, I came here voluntarily—I live with a woman named Johnson, she was downstairs in the waiting-room yesterday—I did not see her strike Jones—she put up her two fingers and said "You are not going to get that to-day, meaning the 2l.—I swear solemnly she never struck him—I did not see him struck by anybody—Buckley was out of work, not for long—he helped to pull down a chapel at Catford.
THOMAS RICH . I am a bricklayer—I know Wynn—I and Buckley went into the Bell between four and five, on that Saturday evening, and stopped there till nearly turn-out time, and Henry Wynn took Buckley away home—that was a little after 12—Wynn was not there at all that evening.
Cross-examined. I saw Jones in the private bar—I swear Wynn was not there at any time that evening.
THOMAS STRATTON (Re-examined). A man offered me a sovereign to go up to the House of Detention—he told me he would give a sovereign towards the defence if he was going to have a Counsel—that was what I told Wynn.
ANN SHINE . Bennett is my son—I have been married a second time—on 10th February he was in work and came home to help me, as he was in the habit of doing—I went to bed at 11, and about a quarter to 12 he came and said there was just time to get a drop of beer—he was worn out waiting for his money at the public-house, which is about forty or fifty yards off—he slept at home that night in the same room with me.
JOSEPH ROGERS (Re-examined). I was present when Murphy gave his evidence before the Magistrate—most of the others also gave evidence—I don't know why their depositions have not been returned—I saw the prisoner Wynn that night—they were all there till very nearly a quarter to one, Henry Wynn as well as the prisoner Wynn—a reward of 2l. was offered at the end of the week after Jones had made his statement to me—I believe he made the statement on the Wednesday night after the Sunday—I sent the information on to Lewisham.
Bennett. This is the third time that the witness Jones has tried to swear my life away for the purpose of getting money—he swore that a poor old man 60 years of age had stolen a shovel, and he was put in prison and fined.
WILLIAM JONES (Re-examined). I was not a witness in any case about a man having stolen a shovel—Bennett's father-in-law stole a shovel and I let him off, I did not prosecute him—I have never given evidence against these men before—I have never taken money to give false evidence against persons—I knew nothing at all about the reward when I gave information in this case.
GUILTY .—BUCKLEY** and WYNN**— Eighteen Months' Hard Labour each . BENSON and BENNETT— Nine Months' Hard Labour each .
A reward of 2l. was given to Jones.
Before Mr. Common Serjeant.
MESSRS. POLAND and GOODRICH Prosecuted.
JOHN HASTINGS . I live at 4, Wateley Road, East Dulwich, and am a greengrocer—on the 26th February, between 7 and 8 p.m., Kemp came into my shop for a bottle of ginger-beer and tendered me a shilling in payment—I found it was a bad one, and I took it into the back parlour and put it on the mantelpiece by itself—I gave Kemp 11d. change—he drank his beer and walked out, and went across to the beershop opposite—I followed him across with the shilling, and I went inside and said, "Young man, this shilling is no good to me"—he said "Why?"—I said, "Because it is not"—he said, "What, is it a bad one?"—I said, "Never mind, it is not any good to me," and he said, "If it is a bad one I know where I got it," and he pulled four or five shillings out of his pocket and gave me a good one for it—I made pretence to go into my shop—when he passed the shop I followed him—at the top of the street I saw two constables, and I communicated with them—I was subsequently fetched to the Crystal Palace Tavern, where I identified Kemp as the man who had passed the counterfeit shilling; I am positive he is the man.
Cross-examined by Kemp. It was when you came into my shop you took out of your pocket four or five shillings, and you gave me one—when I accused you in the public-house you did not have four or five shillings; you had one shilling and three halfpence—I did not see you before you came into my shop.
By the COURT. I did not see Dyson until I saw him in the Crystal Palace Tavern—at the beerhouse I believe he called for a half-pint of porter—they were off-licence and would not serve him—a copper penny, I believe, was on the counter.
LEWIS ELLIS (Policeman P 378). At 7.30 on the night in question I was on duty in Wateley Road, when the last witness came up and made a communication to me, in consequence of which I followed Kemp about 150 yards, when I saw him join Dyson, who was standing on the pave-ment—I saw money pass from Kemp to Dyson—I was very close to them—I heard a chink like money—Kemp went from the Crystal Palace Road to meet Dyson, and after that they went back to the Crystal Palace Tavern—upon that I went to Hastings's shop and fetched him, and took him into the tavern—I took the prisoners into custody, and charged them with being concerned together in passing a counterfeit shilling—Kemp said, "You have made a mistake, sir, it's not me"—Dyson said, "I don't
know this man"—they were sitting on a form in the Crystal Palace Tavern; they were close together in conversation—I searched Kemp and found in his right-hand waistcoat pocket one shilling in silver and three halfpence in bronze, good money—when I went in I saw them both sitting down away from the others in the bar—there were only five in the compartment—I saw Murdock take up something when I took them into custody—Kemp said at the station, "I do not know this man"—Dyson said, "I met this man by accident in the street"—Dyson said he had been hawking, and so accounted for the money in his possession—he said that voluntarily.
Cross-examined by Kemp. When I went into the Crystal Palace Tavern you were sitting on a form and your hands were behind you—you seemed fidgety as if you wanted to get rid of something.
WILLIAM BUSHELL (Policeman P 265). I was on duty with the last witness, and saw what he has described—at the station I searched Dyson, and found a shilling piece, 18 sixpences, 5s. 2d. in bronze, a packet of cocoa, and a piece of cheese.
Cross-examined by Kemp. I did not see you drop any money behind the seat—I searched Dyson only.
DAVID MURDOCH (Policeman P 58). On the night in question I was in the Crystal Palace Road in plain clothes, not on duty—in consequence of information I went to the Crystal Palace Tavern about 10 o'clock, and I saw the two last witnesses taking the prisoners into custody—I saw Kemp rise from the bench on which he was sitting—in consequence of what I saw I went and looked under the seat—I found this shilling lying by itself, and eleven shillings wrapped up separately in paper (pro-duced)—the sixpences were wrapped up separately—they were all bad—I gave them to Ellis.
Cross-examined by Kemp. I did not see you drop, anything—I found the bad money underneath the seat where you had been sitting—there were about five people besides you in the bar—you two were sitting down—nobody else was sitting on the form that I saw.
JOHN CRICKMAY . I live at 6, Enfield Road, East Dulwich, and am a carpenter—on the night in question I was in the Crystal Palace Tavern from 7 o'clock to 7.30—I saw the two prisoners enter—they called for two half pints of beer and paid for it—I do not know who called for it—Kemp asked the landlord to change 5s. worth of bronze for silver, and the landlord refused—they then took their beer and sat on the form—nobody else was sitting on it while I was there—I saw 378 P enter—from the time I saw them come in and sit down till the time the constable came in no one else sat on the form—when the constable came in I saw Kemp draw his hand from his pocket and place it behind him, so (describing), and he dropped something underneath the form—I did not See what was in the paper—I saw Murdock find it from where I saw kemp drop it.
Cross-examined by Kemp. You asked the landlord to change 5s. worth of coppers for 5s.—I saw the coppers tendered—they were both close together—I was at the bar drinking my beer—when the policeman came into the house he stood close to you, talking to you—you took your hand out of your pocket and dropped something down just as the policeman put his head in the doorway—there were five people in the bar at the time—you dropped it before almost the policeman, was inside the door—the moment you saw him.
Cross-examined by Dyson. You both went up to the counter together—you never sat on the form till you asked for the beer.
WILLIAM KEMP . I live at Joiner's Yard, Denmark Hill—I know the two prisoners—Kemp is my nephew, and Dyson is my brother by a second wife—he occupied a room in my house—Kemp used to come occasionally.
Cross-examined by Dyson. I think I saw that man come to see you—there is no mistake, I saw him once or twice—there is another nephew who comes now and then from Greenwich.
Dyson's Statement before the Magistrate. "I don't know anything about it. I don't know this man. I met him accidentally."
Kemp in his defence said that he met Dyson in the Crystal Palace Road, and asked him where he could get a lodging, and that they went into a public-house, when the two constables and Hastings came in and accused him of passing a bad shilling, which he knew nothing of. Dyson in his defence confirmed what Kemp stated.
GUILTY . KEMP further PLEADED GUILTY to having been convicted of felony at the Quarter Sessions at Newington on the 6th February, 1871. KEMP**— Two Years' Hard Labour .DYSON— Nine Months' Hard Labour .
MESSRS. POLAND and GOODRICH Prosecuted.
GEORGE BELCHER . I am an assistant to William Manners, of 229, Black-friars Road, oilman—on the 24th February, about 9 p.m., the prisoner came in for some soap and blue, which came to 2d., and tendered a bad shilling—I gave her a sixpence and some coppers change—on her leaving the shop the other assistant put the shilling in the tester, when it bent, and I went out and fetched the prisoner back—I told her it was bad, and she said she was very glad we found it out, and she gave me a good one, and I gave her the other one back—on Monday, the 26th, I picked the prisoner out of five or six at the Southwark Police-court.
MARY JOHNSON . I am a widow, and carry on business as a butcher at 9, Cross Street, Blackfriars Road—on 24th February, at about 9.45, the prisoner came into my shop and bought a piece of steak, and she gave me a bad shilling, which I broke in the tester—I said "It is bad, where did you get it from? "—she said "I am sure I don't know"—I said "I want to know where you got it from, or else I shall lock you up"—I sent for a constable, and he took her and the shilling—these are the pieces (produced).
JOSEPH RANDALL (Policeman LR 8). I was called to the shop of the last witness, when she gave me this bad shilling and gave the prisoner into custody for having uttered it—I said to the prisoner "Where did you get it from?"—she said "I took it as innocent as you would, sir"—I searched her, and in her hand I found a good shilling, and in her purse a shilling and a sixpence and a halfpenny, all good—I also found on her two pieces of soap and a small knob of blue—I took her to the police-station—she was searched, but nothing else was found on her—I asked her where she lived, and she said "Oh, handy here; I don't want everybody to know where I live"—I afterwards said again "You have not told me yet where you live"—she said "No, not me,"
HARRY IVATTS . I live at 55, Westminster Bridge Road—on the night in question, at about 6.30, my mother sent me to Barnett's pawnshop in St. George's Circus to redeem two parcels—on my way home I met the prisoner in St. George's Circus, and she asked if I would take 30s. to Mrs. Jones to the side door of the Surrey Theatre—I said "All right," and she said she would wait on the steps of the Temperance Hall while I vent—I gave her my parcels, and she handed me these three medals (produced)—I went to the theatre, but did not find Mrs. Jones, and when I came back I did not find the prisoner—later that night I was taken to the police-station, where I picked her out from seven or eight other persons.
The prisoner in her defence said she knew nothing about the boy Ivatts or anything about the shilling, and that she offered another for it directly when it was found to be bad.
JOSEPH RANDALL (Re-examined). I was present when Ivatts identified the prisoner amongst five other women at the police-station—he was fetched in from the office and I said "Can you see the woman there who took your parcels?"—he said "Yes, I think that is the woman; yes, that is the woman; I am sure that is the woman."
ELIZABETH IVATTS . I am the wife of James Ivatts, of 55, Westminster Bridge Road—on the 20th February I pawned two parcels at Barnett's pawn shop in Southwark—one parcel contained two coats and the other four shirts and one little boy's coat and a pair of men's drawers—I should say the things were worth about 3l. 10s.—the two coats were wrapped up in an apron—on Saturday, the 24th, at about 6.30, I gave the pawn tickets to my son Harry, and told him to fetch the parcels—he returned about 7 o'clock and handed me these three medals, and made a communication to me—a policeman brought him home—I gave the medals to the police constable.
WILLIAM BARNETT . I am an assistant at Barnett's pawn shop, St. George's Circus—on the night in question I gave the two parcels to Harry Ivatts—I produce the tickets referring to them—they contained a jacket, a waistcoat, a bed-gown, and other articles of wearing apparel—one parcel was pledged for 7s., and the coats for 18s., and were the same articles I received in pawn from Mrs. Ivatts on the 20th February.
The evidence of Harry Ivatts and Joseph Randall being the same as in the preceding case, their evidence was read to them, which they confirmed.
GUILTY .*— Five Years' Penal Servitude ,
MESSRS. POLAND and GOODRICH Prosecuted.
FRANCES BIDDICK . I am the daughter of Edmund Biddick, landlord of the Dundee Arms, Charles Street, Horselydown—I assist in the business—on the 25th February, about 9.55 p.m., the prisoner came in and asked me for change for a sovereign and tendered me this medal (produced), which I handed to my father.
EDMUND BIDDICK . I am the landlord of the Dundee Arms, and was in the bar with my daughter when she gave me the medal produced, and made a communication to me—I said to the prisoner, "Where did you get this?"—she said "I got it in wages"—I said "Who gave it to you?"—she said "My master"—I said "Who is he?" and she said "I don't know his name," or something evasive—I asked her if she had any friends about that quarter, and she said "I shall not tell you"—she then said "Is not it a good one?"—I said "No"—she then said "If it is no good to you it is no good to me, so I will get off home to Clapham"—I said I thought she had better wait a little while, as I had sent for a policeman—she kept pushing by me, and said she must get back to Clapham—I said "Well, I will go with you until we meet them"—we left the house together, and met the constable at the bottom of the street—I gave her in charge—she called me a d—scamp, and said I should get paid for giving her in charge in Bermondsey—I gave the medal to the police constable.
PATRICK MCGURVIN (Policeman M 44). The last witness gave the prisoner into my custody in Tanner Street—the prisoner said she came from Clapham to see some friends at Rotherhithe—I said "I do not with you to make any statement here, wait till you see the inspector at the station"—when I took her to the station she said "I had come from Clapham to see some friends at Rotherhithe, and was going home by tram or 'bus; I wanted to get change, and went into a stationer's shop, and they said they could not give it to me, and I then went to a public-house, where I gave them this, and they told me it was a bad one; I do not know where I got it from, except I got it in wages with three or four others a few months ago"—she was searched at the station, and the female searcher gave me this key, purse, two pawntickets, and a penny—this coin is known as a Hanoverian medal.
The prisoner, in her defence, repeated in substance her statement at the police-station, and said she was no stranger in Bermondsey, and had lived four years in the house of one of the richest men in Bermondsey.
GUILTY.— Judgment respited.
MESSRS. POLAND and GOODRICH Prosecuted.
WILLIAM LEWIS UNDERWOOD . I am the landlord of the White Bear, Bermondsey Square—on the 24th February, between 6 and 7 p.m., the prisoner came in for a half-quartern of rum, which would be 2 1/2 d., for which she tendered this bad florin (produced)—I did not take it off the counter at the time, but I said to her "Are you aware that you are attempting to pass bad money?"—she said nothing, and I went to get a glass for her to drink the rum out of—she tried to drink it out of the measure—she became very abusive, and used very bad language—she said she received it in change for half a sovereign at a place in the Bermondsey New Road—I said if so I would pay her expenses if she would go there with me—she refused, and then she said she got it from a pawnbroker's shop—she left the house then—I was in the bar by myself—she had a boy with her, and she told him to run away, and make haste home—I sent one of my customers after her until he found a constable, who returned with her, and I gave her into custody with the florin.
ARTHUR TODMAN (Policeman M 56). In consequence of a communication made to me I followed the prisoner and overtook her at the comer of the Grange Road—I brought her back to the White Bear—I told her the landlord had sent a boy who wanted her to come back, as she had passed a bad counterfeit coin—she said "I do not see why I should go back, I have done nothing wrong"—I took her back to the public-house, where Mr. Underwood gave her into custody for attempting to pass a bad florin, which he handed me—the prisoner said "I suppose I got it at Vernon's, the fishmonger's, in Bermondsey New Road, in change for a half-sovereign"—she repeated that statement at the police-station in the presence of the inspector—no money was found on her, and a question arose as to what she had done with the remainder of the change of the half-sovereign, and she then said it was a half-crown that she had changed—she gave me as her address 12, Princes Street, Riley Street, Bermondsey—she was going in an opposite direction to her home when I met her.
The prisoner received a good character.
Prisoner's Defence. I did not know it was bad; I never had bad money before; had I known it was bad I would never have offered to pass it.
NOT GUILTY .
MESSRS. POLAND and GOODRICH Prosecuted.
WILLIAM DIGHTON . I am potman at the Eight Bells public-house, Cross Street, Blackfriars—on the 23rd February, at about 9.30 p.m., the two prisoners came in, and Crisp asked for a pint of beer, for which he tendered this half-crown—I placed it on the right-hand corner of the gallery and gave him 2s. 4d. change—at 10.30 Williams came back alone and called for twopennyworth of rum, for which he tendered a half-crown, which I placed on the left-hand corner of the till and gave him 2s. 4d. change—later in the evening I saw Williams in custody—I told Mr. Knight that I had changed two half-crowns before, and I told him where I had put them, and he found them to be counterfeit—I went with Policeofficer Meyers to a public-house in the Seven Dials, where I saw Crisp—I came out and made a communication to the officer, and subsequently I saw Crisp in custody.
Cross-examined by Crisp. I have said that you had on a brown coat and a sealskin cap—I also said at the police-court that it was 4 o'clock that I saw you at the Dials—that was a mistake, it was 2 o'clock.
HENRY BLOOMFIELD . I am barman at the Eight Bells public-house in the service of Mr. Knight—on the 23rd February, about 11.45, Williams came in for a half of four ale—as he appeared to be drunk I refused to serve him, and told him he could have a soda if he liked—he then put his hand in his pocket and pulled out a half-crown which he had dropped on the floor—I pointed it out to him, and he tendered it for the soda—I examined it and found it was bad—I gave it to Mr. Knight—I had not given the prisoner any change, and he went out—shortly afterwards I saw him in custody—I found another half-crown on the gallery of the till.
night in question Bloomfield brought me a half-crown—I cannot swear to it, but I know it was bad—I saw Williams leaving the house, and in consequence of a communication made to me by Bloomfield I followed him—I spoke to a constable and he brought him back to the house—I then gave him in custody for uttering a bad half-crown—I asked Bloomfield if it were the same man, and he said "Yes"—the witness Dighton said he had previously served him and had taken half a crown from him, and I said "See if the other is a good one," and Bloomfield took it off the gallery and I gave it to Inspector Green—I afterwards found another one—I found 13 bad half-crowns in the till after I went back to the police-station (produced)—I had change for 20 half-crowns all in a row—between 7 and 8 o'clock that evening I had taken all the half-crowns off and put on two shillings and sixpences on the top row.
WILLIAM DIGHTON (Re-examined). When I placed the counterfeit half-crown on the gallery I cannot say whether there were other counterfeit half-crowns—there were other half-crowns—there was only one half-crown in each compartment—the gallery is divided into little compart-ments.
WILLIAM LAW (Policeman L 40). On the night in question Williams was given into my custody outside the Eight Bells by Mr. Knight, who charged him with uttering a counterfeit coin—I searched Williams at the public-house, and found on him two separate shillings and 4 1/2 d. in bronze, good money—on further searching him at the station I found six good shillings and another 4 1/2 d. in bronze—when charged he made no answer—I asked him for his address, and he said "I have no home."
THOMAS GREEN (Police Inspector L). On the night in question I saw Williams in custody of Law—I followed them back to the public-house, when Mr. Knight handed me two counterfeit half-crowns—he handed me 13 more at the police-court the following morning.
EBENEZER MYERS (City Policeman 354). On the 1st March, at 1.45, I took Dighton to a public-house in the Seven Dials, in consequence of certain information I had received—he went in, and came out and made a communication to me, and then went back—Crisp came out of the public-house and walked away—I then went after him and tapped him on the shoulder and told him he was wanted in the City on suspicion of being concerned with a man named Underwood in passing a counterfeit coin, and also with being concerned with a man in custody over the water for passing 19 bad half-crowns at the Eight Bells public-house—I took him to Bow Street and temporarily searched him—he not being identified with the party in the City, I took him over to the Kennington Road Police-station, where he was charged with being concerned with Williams in passing the money—he said nothing.
Cross-examined by Crisp. You gave me your name and address—I went to the place and saw your wife and searched—I found an imitation sealskin cap lying on the bed.
WILLIAM WEBSTER . This half-crown dated 1876 is bad, and these 15 which were afterwards handed to me—two of the 15 are of the same mould as this one—the others are different moulds—there are two or three of the same date.
Williams's Defence. I was never in this man's company in my life.
Crisp, in his defence, said it was remarkable that the half-crown should remain so long in the till before it was discovered to be bad; he had never seen Williams before.
WILLIAM— GUILTY .— Nine Months' Hard Labour .
CRISP— NOT GUILTY .
MESSRS. POLAND and GOODRICH Prosecuted.
WILLIAM WILLIS . I live at 59, Great Dover Street, Borough, a post-office and newsvendor's—on the 3rd March, about 10.30 a.m., the prisoner came in for 8s. 1d. worth of stamps, for which he tendered three bad half-crowns (produced)—I tried them and said, "Where did you get them? "—he said that somebody sent him to buy the stamps—I told him he would have to come with me, and I took him up to my head post-master, where he made the same statement, and a constable was sent for, when I gave him in charge—I gave the coins to the constable.
HENRY VAUSAN (Policeman M 135). I was sent for on the morning in question to the District Postmaster's office, when the last witness gave the prisoner into custody for uttering three counterfeit half-crowns with a good sixpence and a penny—I searched him, and found on him a sixpence and a halfpenny, good money—at the police-station he said that a tall man with a moustache sent him in to buy the stamps.
The Prisoner's Statement before the Magistrate. "Some one asked me to get him some stamps, and put the money into my hands, and I put it down as he gave it me. I told Mr. Willis where I got them."
In his defence the prisoner repeated this statement.
The prisoner's father gave him a good character.
GUILTY .* He PLEADED GUILTY to having been convicted of felony on the 21st September, 1882, at Guildhall.— Four Months Hard Labour .
456. JOHN WILSON (29) PLEADED GUILTY to three indictments for feloniously uttering forged cheques for the payment of 4l. 2s., 4l. 4s., and 4l. 15s., with intent to defraud.— Fifteen Months' Hard Labour .
MR. TURTON Prosecuted.
MICHAEL HIGGINS . I am a leather dresser and manure manufacturer, of 25 and 26, Abbey Street, Bermondsey—the prisoner was my clerk—it was his duty to collect money, and account to me the first time he saw me, or to my brother—he entered the amounts in this ledger (produced)—there is no entry of 7l. 10s. received from Mr. Mills on llth November, or of 24l. 3s. from Mr. Hotson on 15th November, or 12l. 6s. 6d. from Mr. Corford on 19th December, but there is an entry of 6l. 5s. from Mr. Mills on account on 11th November, which he ought to have handed to me on 25th October; that left Mr. Mills's debt, 7l. 10s., which I have never received—I sent every Saturday, and the prisoner always said that Mr.
Mills was laid up with rheumatic gout—he said once that young Mr. Mills said that his father was in such pain he did not like to ask him, but if we wrote to him he would send on a cheque—I told the prisoner to write several letters to Mr. Hotson, but I never got any reply—he said that Mr. Hotson was out of the way—he was going into that neighbourhood, and I asked him to call on Mr. Hotson late in November or early in December—he told me next morning that he had been to Mr. Hotson's, and took a chair and sat down to wait till he saw him, but the managing clerk said that he would have a very long wait, as Mr. Hotson had gone for a holiday, and would not be back till after Christmas, and on 13th January the prisoner absconded—I said to him in January "I have received a letter from Mr. Conford, saying that he hoped I received the cheque all right; there is an account due of Mr. Conford's; he never settled the last account; see what it is, and send it on to him," and he did so—I never got any answer, and told the prisoner to write again, but I did not see him post it—I received no answer—two of these receipts (produced) are the prisoner's writing—the other seems to be his, and I can swear to the "h," but it is in a forced hand—it is a different "h" from the other, but still it is like; here is some of his writing (produced)—the endorsements on these cheques for 24l. 3s. and 12l. 6s. 6d. are not in my writing, and I believe this one is the prisoner's—the money received by my brother for manure had also to be entered by the prisoner—the leather business is carried on at Bow Road, and all letters relating to it would be addressed there.
Cross-examined by the Prisoner. No one endorses cheques but my brother And myself—you had the right to give receipts—Mr. White did it the week you were away, and if he was out of the way my brother or I did it—no one collected cash for me in Spitalfields Market but you—you generally handed it to my brother, as he was generally there first—I engaged to have the whole of your time, and did not allow you to work for anybody else—you cashed the greater part of the cheques for me—I did not keep a cheque of Mr. Coniford's in my pocket a whole week and forget it; if I had it I should instruct you to send a receipt.
Re-examined. The prisoner had authority to sign receipts, but never to endorse a cheque.
WALTER MILLS . I am a farmer, of Lodge Farm, Barking—I have had manure from the prosecutor—on 11th November I paid the prisoner 7l. 10s. in cash in Spitalfields Market—he gave me this receipt, which he brought signed—I had paid him 6l. 5s. on 28th October without a receipt, and he gave me the two receipts together.
JOHN HOTSON . I am a solicitor, of Long Stratton, Norfolk—I ordered manure from Mr. Higgins amounting to 24l. 3s.—I received this account, and returned it on 14th. November with this cheque, dated 15th November (produced), to Michael Higgins—the account came back receipted by return of post—I do not remember being away for a holiday at all—this cheque is my clerk's writing, and the signature is mine—he usually posts my letters, but I did not see him post this.
WILLIAM ANTHONY CONFORD . I am a farmer, of Pender, near Dart-ford, and deal with Mr. Higgins for manure—I owed him 12l. 6s. 6d. on 19th. December, and sent him the account with this cheque (produced), which is in my writing—the man who posted it is not here—about a fortnight
afterwards I received this receipt (dated 20th December)—I received various letters towards the end of December asking for payment.
Cross-examined. No letter came with the receipt—I have received a letter of thanks with the receipt, but not always.
JOHN HIGGINS I assist my brother in his business—I did not receive 7l. 10s. on 11th November, or a cheque signed by Mr. Hotson for 24l. 3s. on 15th. November, or a cheque from Mr. Conford for 12l. 6s. 6d. on 19th December—I never saw these three cheques till I was at the police-court—it was my duty to receive all cash and cheques if my brother was not there—any money received by me ought to be entered in the books by the prisoner.
Cross-examined. When you came back from the market you used to hand the loose cash to me and I put it in A desk, and if anything was required I laid it out for trade—I drew cheques by my brother's instructions—I have told you to fetch some tea coming from the market if you had any loose cash, and I accounted to my brother for it—I remember your bringing me 6l. 5s. on account—my brother always gave you money over night to go to market as a rule—I gave you several cheques to cash and endorsed them by my brother's instructions, but I never gave you this 24l. cheque—I have never seen Mr. Hotson's cheque—you received it; you went down on purpose and you said that you saw his manager, who said that he would not be home till after Christmas—I did not one Saturday night put my things on and put my hand in my pocket and say "My God, here is this letter, I don't know what to say to my brother."
JOHN JAMES STRACEY . I keep the Royal George, Abbey Street, Bermondsey—on 20th December the prisoner asked me to change this cheque—I have changed cheques for him before, amounting to hundreds of pounds—I changed it less 2l.—it was endorsed "City Bank"—I paid it into my bankers on the 21st.
Cross-examined. I never saw you endorse a cheque—I always looked to the sender because I always held Mr. Higgins responsible in case of an accident—it was endorsed when you brought it.
ALFRED JOHNSON . I am a dealer, of 69, Allen Street, Bermondsey—on 15th November, about 9 a.m., the prisoner brought me this cheque for 24l., and said that there were some goods to pay for at the railway, and Mr. Higgins was not there, only his brother, and asked me to change it; I did so—he brought it ready endorsed—I paid it into my bank—I had cashed hundreds of cheques for Mr. Higgins before and for the prisoner.
Cross-examined. I gave you a cheque on my bank and part in cash—I did not deduct 1l. 17s. 6d. that morning.
JOHN GROGAN (Police Sergeant M). On 5th March I went to the Liverpool Police-station and found the prisoner there—I said "I shall take you in custody on a warrant for absconding on 13th January, and embezzling various sums of money amounting to 52l. 13s. 3d. of Mr. Higgins, of Abbey Street, Bermondsey"—he said "I know Mr. Higgins; I worked for him, but I never embezzled a halfpenny from him in my life"—I took him to another police-station, where the charge was read over to him, and he said "I have embezzled nothing near that amount"—I found 9d. on him—I had been looking for him from 13th January, and traced him to Liverpool, where the police assisted me in apprehending him.
The Prisoner's Statement before the Magistrate. "I plead not guilty to all
the charges; I want to have a witness. Thomas Reece, called; Reece and the two Pages, either the father or the son.
Witness for the Defence.
THOMAS REECE . I am a foreman felmonger to Mr. Higgins—I have nothing to do with the manure department—I personated Mr. Higgins at Hertford, but I did not go by his name—cash is given me every week to go to market and sometimes cheques endorsed by Mr. Higgins—I endorsed one cheque "M. Higgins," that was before the prisoner came into the employ—I have never endorsed others—the prisoner brought a cheque from Bermondsey to Hertford, I believe he brought it endorsed—I did not endorse it, I only endorsed one months ago for 200l.—if you brought a cheque without being endorsed I gave it to Stally-brass, the butcher, without an endorsement, but I should say he would not receive it—you never saw me sign any cheques—I have paid scores of cheques there, not only to Mr. Stallybrass.
Cross-examined. The prisoner said frequently in November that Mr. Hotson would not pay his account—he also said that Mr. Hotson was away on a holiday, and I expressed surprise.
The prisoner put in a written defence denying his guilt, and stating that he took the 12l. cheque to Mr. Stacey, who deducted from it 2l. which he had borrowed for Mr. Higgins, and that he took the change and also the change for the other cheques to Mr. Higgins that Mr. Higgins frequently sent him to borrow money to pay his men, and that he and the men waited for their money sometimes till 11.30 on Saturday night, and sometimes till 1 o'clock on Sunday morning, and that he became so disgusted that he left without it, but the brother begged him not to leave; that he had to pay for butter, eggs, and other articles out of the cheques; and handed the balance to the brother, and that Mr. Higgins frequently received cheques without informing him, which was the reason they were not entered.
GUILTY. Recommended to mercy by the Jury on account of the lax way in which the books were kept.— Twelve Months' Hard Labour .
Before Mr. Recorder.
458. PRISCILLA BENTLEY PLEADED GUILTY to unlawfully publishing a malicious libel concerning Sarah Eliza McLaren.— To enter into recognisances to keep the peace, and to come up for judgment if called upon . And
The prisoner having stated in the hearing of the Jury that he was GUILTY, they found that verdict .— Two Days' Imprisonment .
MESSES. BURNIE and BIALE Prosecuted; MR. GEOGHEGAN Defended.
ARTHUR CHARLES CARD . I am a beer merchant, and at this time lived at 37, Radnor Street, Commercial Road, Peckham—in November, 1881, I had an office at Great St. Helens, where I was agent to a Cyprus house,
dealers in colonial produce—on 23rd November, 1881, I saw an advertisement in the Daily Telegraph, which I have not got, and a copy has been obtained from the British Museum—I answered it, and a few days afterwards the prisoner called at my office and said I wanted about 400l. to be employed in my business, which is that of agent to Green and Sons, brewers—I said "I have not that amount, but I think I can find 300l."—we talked matters over, but nothing was done that day—he said that he should do a large business, and that Messrs. Green were well known people, and Mr. Green was M. P.—about a week afterwards I went to his office and asked him as to security; after a good deal of conversation, he gave me his stock as security, which he said was already paid for, but I found it was not—he never gave Messrs. Green actually as a reference, but he was constantly mentioning them; he said he did not wish me to write to them because it would prejudice him in their eyes—I told him on Lord Mayor's Day that I could only find 80l.; he said that he would take that, as he should be getting another sum of 300l. or 400l., from a publican—he arranged to give me as security 30 barrels of ale, which he said were paid for—the arrangement was reduced to writing—I paid him 2l. only on that day—this is his receipt, but the date is torn. (For 80l. at 5 per cent, interest, on the security of 30 barrels of ale, six months' notice to be given of withdrawal of capital.) I handed over all the money within a fortnight, and entered his service the same day at 2l. a week wages, and at the end of the month found out that his stock was not paid for—a little business was done, but very little legitimate business—the greater part of the beer went to the Cock public-house, Knightsbridge, by some arrangement between him and his brother—up to some time in 1882 the business steadily increased, and then it fell away nearly altogether—Messrs. Green afterwards stopped hit credit, and he was not to have goods except for cash—Mr. Thomas and I spoke to him in June, and said "How do you intend to carry on business? You put so much to your own private account, and have used so little of the money you have had from us in the business, that we wish to know what you intend to do to repay us, and how you intend to carry on your business;" he said "I am in temporary embarrassment, but matters will be all right by-and-by, as I shall get some more capital into the business"—dishonoured bills and cheques were continually coming in—I had an interview with him in July, and as there was no money he said "The best thing will be for me to pay you out as well as I am able; I will give you bills; I cannot keep both Thomas and you"—I took his bills for 130l. for what they were worth, and they were dishonoured—I have not received a farthing—he tore the receipt up at that interview, but I picked up the pieces and put them together.
Cross-examined. I did not now Messrs. Green till the prisoner intro-duced me to them—I am now doing business with them—I picked up some of their business—I had 19 days to make inquiries, but I did not make them—I took him to say that he was doing a large business, and would do more in future—before I paid him a sixpence he asked me not to write to Green's, but I had written the day before I paid him the 2l., and I believe I paid it without waiting for the answer—I paid it on the morning of the 16th, and then received this letter, and in spite of that I paid him 78l. more—I kept the books and conducted the correspondence—about March, April, and May business to the amount of 41l. to 61l. was
done weekly, but afterwards it did not average more than 30l.—I know that it was a young business from looking at the books, and it was want of capital which caused all this, and not using the capital in his business—I did not see his banking book; he kept it locked up; but I know that cheques were dishonoured—certain sums were put to his account in his own ledger, which he let me see—I do not know whose writing the signature to this document (produced) is—I may once have seen his brother's writing, the landlord of the Cock—the prisoner gave me 40l. down to become his nominee at the Cock Tavern—he did not take it him-self because he did not want Messrs. Green to know—I consented after a good deal of persuasion—he did not want me to enter, but the transfer was attempted—I believe that since these proceedings the prisoner is not the licence holder; he is really the owner—I parted with my 80l. because, by paying that, he took me in as clerk and traveller, and because he said that he was Green's agent—I know that after a time he was made Green's agent for bottled beer, but not at first—I am not now an agent for Green for bottled beer—at the present moment, in consequence of these proceedings, they only employ me on commission—I did not put these proceedings in motion at the police-court—I know Leech and Gryce, distillers—I believe they supplied the Cook Tavern—I knew that the prisoner had an interest in the Cook Tavern because it was entered in the books—I began to keep the books immediately I entered on my duties, and I found out that the beer was not paid for—I did not then say that the security was waste-paper, but something to that effect—I have seen cards like this (produced), but not cards of Green's other agents—I do not know that these cards are only printed by the firm—I swear that Mr. Warren had them done himself.
Re-examined. I wrote this letter to Messrs. Green. (Dated November 15th, 1881, from the witness, inquiring whether he might safely invest capital with Mr. Warren on the security of his stock of beer.) I received this reply, (From Mr. Green, stating that Mr. Warren bought his beer and settled for it monthly, and would not be likely to have 100l. worth on hand.) I believe it was in January that he said he wanted to buy the Cock Tavern—I attended there with him for the purpose of having the transfer made from his brother to him, but it was to be done under my name—the transfer did not take place.
ANDREW WEATHERLEY . I keep the Hour Glass, Upper Thames Street—about 5th. December, 1881, I lent the prisoner 500l. at 10l. per cent on the security of the lease of his place of business in Howley Place and two securities, his brother and mother—this (produced) is the lease—he told me he wanted the money to make alterations in his premises, and increase his business—since that I believe the lease has become forfeited.
JOHN RALPH THOMAS . I am now a shipbuilder's clerk—about 23rd or 24th January, 1882, I saw an advertisement in the Daily Telegraph, "Partner required, 400l. to 500l., sleeping. To sell with brewery agency, &c. A. B. and Co., 19, Barbican." I wrote there, and received this letter—it is in the prisoner's writing. (This stated that the business was thoroughly genuine, and that extra capital was wanted to increase it, and making an appointment.) I could not keep the appointment, and we had further correspondence, and on 31st January he came to my house, and said that he was in possession of a valuable brewery agency business, and wanted fresh capital to entend it and go into the bottling trade, because his friend Mr. Green the M.P. was anxious to see his beer bottled, and on the London market—he asked how soon I could get the money ready—I said it would
be some considerable time—he said that he had so many applications he hoped I should make as much haste about it as I could—he referred me to Leech and Co., the great distillers—he wanted 400l.—I said that I could only find 300l., and any business I put money into I should want to come into—he said that I could be his traveller and collector, but he could not give me more than 10l. a month, and that his business was worth 800l. a year net, and he sold about 100 barrels a month, representing about 200l.—nothing was decided at that interview, and next day I received these two letters making appointments—I saw him on Saturday, the 11th, and he took me to Leech's about the reference—he cashed a cheque for 2l. on the way at the City Bank—he said that he did not owe any money, and even the stock was paid for—when we got to Leech's he said "You will see by the way I go in upon what very good terms I am on with these people"—he went in first, and I was to wait in the sampleroom; in about 10 minutes I was called in—Mr. Leech was walking about the room, and his partner sat at a table—the prisoner said to Mr. Leech "This is the gentleman I have been talking to you about"—I told Leech I was thinking of investing a sum of money in Warren's business, and should be glad to know what he could say about his respectability and honesty—Leech said "I have very great pleasure in speaking well for Mr. Warren; I have known him a considerable time, and I know he is in possession of a very valuable beer agency, and Mr. Green, M. P., is the head of the firm which he represents"—on March 1st I gave the prisoner a cheque for 300l. and he gave me this receipt: "Received of J. R Thomas the sum of 300l. deposit for 18 months, and at the expiration of that time a fresh arrangment to be entered into.—J. O. Warren." When I gave him the 300l. I believed he was in possession of a valuable brewery agency, and simply wanted capital to extend his business and go into bottling, and that his stock was paid for, and he did not owe any money—I would not have let him have it if he bad told me that he was in embarrassed circumstances and wanted money—Mr. Leech was actually charged with him before the Magistrate—I was to have 10l. a month for the first three months and then 12l.—i entered the service on March 1st and found Card there—the first cheque for my salary was handed to me some days alter it was due, and the subsequent cheques were returned by the bank unpaid—I communicated with Mr. Card, and found that the bank account was getting very low—when I first went there the prisoner may have done 30l. or 32l. worth of business a week, but it diminished, and in June the credit with Green and Son was stopped; he owed them a large sum—Card and I spoke to the prisoner in June, and pointed out to him how things appeared to be going, that money appeared very short, and things ordered from Green's did not come in, and we asked him what he was going to do to carry on; he said that it was only some slight temporary embarrassment—I soon afterwards saw Leech and Gwyer about it—I did get paid, but only by persistently sticking to him, and getting it in driblets—in October I went to the seaside and left Mr. Longford in charge of my books—I left at the end of November; there were then three men in possession, and one of them was from Mr. Leech—I have had none of my 300l. back, no interest, and he owes me two months' salary—I kept a lodging-house before this.
Cross-examined. I believe I asked leave to inspect the books, but was
never allowed to do so—he opened a book and rattled through the leaves before me, but did not give it into my possession—I did not ask him to allow me to examine it—I did not know that he was London agent for Messrs. Ferner, of Yarmouth; I know he had their beer—the advertisement said "Every investigation allowed," and I answered it a month before I paid the money—I made inquiries of Leech's; they have an office in Charterhouse Square—the money was my own through my wife—I had to consult her trustees before investing it—I had no knowledge of the beer business—I was a clerk in a bank once—the whole business may have averaged 30l. a week; he sold all sorts of beer—Card kept the books, but I saw them and had some writing to do in them.
RAYMOND THOMAS LINFORD . On 4th August, 1882, I lived at 32, Fayer Street, Manchester Square, and saw this advertisement in the Daily Telegraph: "Partnership 300l. to 400l. in a lucrative brewery business, with good remuneration for services.—Beta, North Street, Sloane Street." I answered it the same day, and received an answer on the 5th from the prisoner, and another letter on the 9th, which is lost, asking me to call the next day before 1 o'clock—on 11th August I saw Warren at his office in Rowley Place, and told him I had come about the advertisement—he said that he had been up to my mother the night before, and had an interview with her, that he wanted the money to extend his business, by taking up some public-houses, of which he had bought the leases—he said "I am Green's agent, of Bury St. Edmunds"—three or four show cards of Green's were on the walls—he said "I don't want a partner, I am shortly expecting one," and that the profits of his business were from 800l. to 1,000l. a year; that he liked my letter, and he thought we should get on together—150l. a year was mentioned for my services, which was to include interest on the loan—I saw him one evening at my father's house, and he asked me about a reversion, which I had told him I was selling, and said that he knew some one who very likely would be able to buy it—I saw him next day at Howley Place, and said that I had seen my solicitor, who said that I must not advance any money till I knew what security I was going to get—he seemed rather to hesitate, and said that his bookkeeper, Mr. Thomas, had come without security, and he did not see why I should not, but he could give security if I wanted it, and referred me to Leech and Co.—I went with him to various places, and among others to the Garibaldi public-house, Blackfriars, where he said he did 10l. a week—we went to Leech's about 14th August—he went in first for a minute or two, and then took me in and introduced me to Mr. Leech, at whose suggestion "Warren went out of the room—he had told me on the Saturday that the Cock Tavern was his, that he had got the lease of it for 10 years—on the 15th. I went again with him to my solicitor's, Mr. Biali's, where he said that he was the owner of the Cock, and was going to give it me as security—nothing was said about the licence—this agreement was drawn up, and it was executed the next day (This was a memorandum of the deposit of 400l. with the prisoner for 18 months on a mortgage of the Cock Tavern, to be repaid at a month's notice, the witness to enter the prisoner's service at 150l. a year, payable monthly)—I entered his service the following Monday, and gave him six bills for 50l., and one for 100l., which have all been met except two of the 50l. ones, which by my solicitor's advice I have not met—I have been sued on them by Leech—I subsequently let the prisoner have
13l. more—when I paid him the last bill I gave him 63l. because he said he was not sure he should have enough—I parted with the bills because I thought he would give me the Cock according to the agreement, and that he had the power to do so—I believed about the large and lucrative business, and that he would be able to pay me my salary—he did not tell me he owed Green and Sons 300l., or that he was not trusted by them and could only get beer for cash; that made a great difference—on 29th September he told me he could put me in the way of earning 8l. or 10l. if I would lend a third party 200l., and I let the prisoner have it after he showed me that the third party had deposited the deeds—in October Thomas went away to the seaside, and I kept the books in his absence—I had then received 3l. or 4l. salary—after one of Green's partner's came, who seemed altogether dissatisfied with Warren, I said to Warren, "Here is a man named Marwick owes us 30l., I think we might as well send his account in"—he said, "That is all settled up, he is a man who did some building for me"—I found out after that Marwick was his stepfather—when Thomas returned we both spoke to him—I said there were nothing but bad debts, and I found a drawer full of unpaid bills, that a summons came which I had sent him, that all the salary that I had had from him was 9l. out of 25l., and business could not go on like that—he said that he had not taken up those houses yet, when he had matters would improve—he used to stay out all day; he said "I have important business, those houses make a man run off his legs"—I had an interview with him with ray solicitor, when he said he was going to get rid of me and Thomas and carry on the business economically—he let drop accidentally that he had only about three months' interest to run in the Cock—he never executed any mortgage of the Cock—he said once that it had eighteen months to run but he should renew it in three weeks—my solicitor did not inquire what the security was—none of my money has been repaid.
Cross-examined. Before I lent the money I consulted my solicitor, Mr. Biale—I did not consult Mr. Peed—"agent for Messrs. Green and Company" was on the prisoner's billheads—I did not write to Mr. Peed, a member of Messrs. Green and Company, but I went to them after I left Warren—the documents of title were to be deposited at the end of the month—Warren showed me a parchment, but I did not examine it, and he put it in his pocket—I have never been in business before—I did not consult my father—I acted on my own judgment, but I consulted a solicitor, as an agreement had to be drawn up—I instructed my solicitor to write for the title deeds of the Cock, or to inquire into the title—that was after I paid the bills—I never got the mortgage—some of the bills were renewed—I heard that Leech and Company had put a man in possession for the two bills which I would not pay.
Re-examined. This date "expiring 24th December, 1883," has been altered, 24 is written over 22—I was asked before the Magistrate "Have you communicated with any of the partners of Green and Company," and I said "I saw Mr. Peed"—when we were in the cab going to my solicitor, the prisoner said that he had paid 1,000l. for the Cock.
EDWARD BOLINGBROKE . I am the London manager of Messrs. Green and Company, and their responsible agent, I don't think I ever saw the prisoner till June, 1882, but I know his credit was stopped in June—I am the only agent in London authorised to contract on their behalf.
Cross-examined. Mr. Peed is a partner in the firm—I had no busness transactions with the defendant—Mr. Peed would know more about that—I got the names of the London agents printed here—my name does not appear on the lists.
MR. GEOGHEGAN submitted that in the absence of Mr. Peed there was no case to go to the Jury, as no false pretence had been proved, exaggeration being common in every trade; the only question was whether he had such a legal interest in the cock Tavern as to be able to give a mortgage, and there was no legal obligation upon him to disclose all the matters which had been kept back. MR. BURNIE contended that there was a case for the Jury, the prisoner's credit being actually stopped at Messrs. Green's, and he owing then 300l. at the time he made the representations. The COMMON SERJEANT con-dered that although there may have been fraud, it did not take the shape of a false pretence; the prisoner was carrying on too large a business, and therefore came to grief, but though his conduct might be immoral, it was not a crime.
NOT GUILTY .
462. GEORGE OLIVER (83) PLEADED GUILTY to wilful and corrupt perjury, which he stated was whilst he was under the influence of drink. To enter into his own recognisances in 20l. to appear if called upon . And
463. WILLIAM WILLIAMS (26) [Pleaded guilty: see original trial image] to stealing three receipts for the payment of money of, the London, Brighton, and South Coast Railway Company, also to forging and uttering the said receipts.— Nine Months' hard Labour .
ADJOURNED TO MONDAY, APRIL 30TH, 1883.