CENTRAL CRIMINAL COURT
SEVENTH SESSION, HELD APRIL 30TH, 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.
SESSIONS VIL TO XII.
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, April 30th, 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; Sir JAMES FITZJAMES STEPHEN , Knt., one of the Justices of the High Court of Justice; Sir ROBERT WALTER CARDEN , Knt., M.P.; Sir JAMES CLARKE LAWRENCE , Bart., M.P., M.P.; Sir ANDREW LUSK , Bart., M.P.; DAVID HENRY STONE , Esq.; and Sir CHARLES WHETHAM , Knt., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Recorder of the said City; GEORGE SWAN NOTTAGE , Esq., JOHN STAPLES , Esq., F.S A., and HERBERT JAMESON WATERLOW , 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. SEVENTH SESSION.
A star (*) denotes that prisoners hone 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, April 30th, and Tuesday May 1st, 1883.
Before Mr. Recorder.
MESSRS. POLAND and MEAD Prosecuted: MESSRS. BESLEY and TICKELL Defended.
ROBERT CHILD (City Detective Sergeant). On Tuesday, 23rd January, I went with Constable Oldhampstead to Zion College, London Wall—I there saw Mr. Millman, the secretary and librarian—I told him why I had come, and the prisoner was sent for; he was the porter and messenger to that institution and lived there—when he came I said "We are police officers, and we have received information that there is a large quantity of stolen property here, and Mr. Millman has given us permission to search the place"—the prisoner said "Yes, you can search my place; a parcel was brought here on Saturday night by a policeman, who said he had bought it cheap at Whiteley's fire"(there had been a fire there); "he is a policeman and does duty outside; he fetched the parcel away on Monday morning, and said he was going to take it to Romford"—the prisoner, Mr. Millman, Oldhampstead, and I then went upstairs to his bedroom—the prisoner said "I have a few things which I bought at a shop in Shepherdess Walk where they sell salvage goods"—I then found a new shawl and two or three trifling things in a drawer, those were what he said he had bought in Shepherdess Walk—we afterwards went upstairs to a small attic furnished as a bedroom, and there saw a bundle on the floor—he said "Those are things I bought at the shop in Shepherdess Walk"—we then commenced to undo the bundle—he said "Oh, these are the things the policeman brought on Saturday night"—I said "Why you told us just now that he had fetched those things away to take to Romford on Monday morning"—he said "He did take some things away, but these are what he left"—the
bundle contained five ends of damask, an end of linen, two remnants of figured plush, and other miscellaneous things—he said "Sergeant Batchelor, who is outside, knows the man, and knows that he brought the parcel here"—I then went outside with the prisoner, but could not see the man to whom he referred; we saw Sergeant Batchelor, and I said to him, "This man is housekeeper at Zion College, and he states that a parcel was brought there on Saturday by a policeman, and that you know who the constable is, and know that he took the parcel there"—Batchelor said "I don't know who it is, I don't know anything about it"—the prisoner said "Yes, you do know who it is"—Batchelor again said "I don't know"—I then went back with him into the house, and I said "Now, are there any more things?"—he said "No, there are no more," and having further searched the house we came into the yard, and after searching several places Mr. Millman went to a doorway in rather a dark place, we had already passed that place, Mr. Millman went to it—I did not know there was such a place—the prisoner said "For God's sake don't let him go in there, there is a lot of silks and a bundle of shawls in there: Mr. Batchelor took them in there, and they belong to him"—after some difficulty we found the key, opened the door, got a light, and went in—Mr. Millman insisted on the prisoner finding the key, and he went back to the house and got it, and we went in and there found four pieces of silk, four pieces of satin, 13 shawls, and a piece of velvet; I think there was nearly 500 yards each of silk and satin—they were the ordinary size of a piece in a warehouse—they would not go through the bars of a window five and three-quarter inches apart without great difficulty; they would have to be squeezed hard—the prisoner repeatedly said "They are the things belonging to Batchelor"—I said "Now, if you have any more things you will save us a great deal of difficulty if you will tell us where they are"—he said "There are some more things under the hall on the other side of the yard. Mr. Batchelor and the others brought the things to me and said they had bought them, but could not take them while they were on duty, and asked me to take charge of them and they would fetch them away when they were off duty. Mr. Johnson is one, but I don't know the names of the others"—we then went into the hall on the opposite side of the yard—the front door was open—this was a little before 2 o'clock in the afternoon—it is a large hall used as a reading-room—the prisoner lifted up a trapdoor in the floor under the carpet, and we went down a ladder into a cellar below, and there, in a small room or large cupboard covered over with pieces of string and paper, we found 90 yards of Welsh flannel, three pieces of muslin, a bundle of new cotton, and other things, and in a cistern in another part of the cellar six large pieces of brown cotton and one piece of white calico—I said "Is this all?"—he said "Yes, this is all; I believe this is all"—I then took him to the Chief Office of the City Police, Old Jewry, leaving Oldhampstead behind in charge of the property—on the way I said "We shall continue to make a search"—he said "If you will wait till after 4 o'clock, when Mr. Millman and Mr. Perkins, the sub-librarian, will be gone, I will show you where there are some more things in the library"—I left the prisoner there and went back to Zion College, and there learnt that the things in the library had been found; I saw a heap of things—I then went back to the Old Jewry and told him the things had been found—I took him back to Zion
College to show them to him—when we were near the college he said that Batchelor and the others had brought the things to him, and that the goods were all in the room together until Monday morning, when they were removed and concealed in the places where we had found them, as Batchelor said they had got scent that the things were there—we then went in and I showed him the things—he said "There are some in the fire-buckets, have you got them?"—I said "No," and I took some things out of the fire-buckets, which were hanging up over where the other things were found in the library—the things found in the cupboard were one piece of damask, one piece of coloured flannel, four pieces of twilled winsey, four pieces of plush, one piece of brown cotton, one piece of white cotton, a bundle of shawls and some ladies' under-clothing—all the things were more or less damaged, and most of them wet—some were partly burnt, rather scorched—the things were taken to the station in a cart—I took the prisoner to the station, Moor Lane—I then sent for Batchelor and saw him in the prisoner's presence, and, pointing to all the goods, I said "I found all these things in Zion College, and the prisoner says you have taken them there in parcels"—Batchelor said "It is false"—the prisoner said to Batchelor "You know you have brought parcels there to me"—Batchelor again said "It is false"—the prisoner said "You know others have brought parcels there to me"—Batchelor said "I don't"—the prisoner said "Johnson has brought parcels there to me several times"—I said "Do you mean now that it was Johnson and not Batchelor that has brought the things to you?"—he said "They have both brought them"—the prisoner said to Batchelor "Do you know the fair man on duty at the gate?"—Batchelor said "I know two fair men, Fagan and McKee"—the prisoner said "Yes, that's them, and you know they have brought parcels to me"—Batchelor said "I don't know"—Johnson was then sent for, and I said to Johnson, in the prisoner's presence, "I found these things in Zion College, and the prisoner says you have taken some of them there in parcels"—John son said "I don't Know anything about it"—the prisoner was then charged—the charge was read over to him—he said "Batchelor, Johnson, McKee, and another, I forget his name, brought the things to me"—next morning, about 10 o'clock, I saw Fagan and McKee in the prisoner's presence at the station, and I said to them "I found these things in Zion College, and the prisoner says you have taken some of them there in parcels"—McKee said "I deny it, I was never inside Zion College in my life, and if you speak the truth you will say so"—the prisoner said "Yes, you have been there, and you fetched a parcel away on Monday morning to take to Romford"—McKee said "I deny it"—the prisoner said "You left a note with my wife on Saturday evening to say when you would call to fetch a parcel away"—McKee again said "I deny it"—Fagan said "It is not true, I was never in Zion College"—the prisoner said to him "I saw you on Saturday afternoon, and told you that I should not be at home during the evening, and if you went to my place you would find no one at home but my wife"—Fagan said "I don't remember anything of the kind"—Mr. Kent, of Perrott's, has seen the things I found—I have looked at the windows of Zion College looking into Philip Lane; they are not large enough for all the parcels to be put through—there is a space of 5) inches; the small things could be put through, but the large ones like the calico and winsey it would be impossible to get through; loose things might, but not the more bulky portions.
Cross-examined. I was first instructed to act in this matter on the 23rd, that same morning—I have had charge of the case from that time—the conversation I had with the prisoner was one continued conversation; it was partly at the house where I found the goods, and partly on the way to the station, and at the station—he did not say much to me after he was charged—what he said to Batchelor and the others was chiefly at the station—I did not make any notes—he was first taken before the Alderman on the 24th—nothing was said then, he was merely put back—the 26th was the first time that evidence was taken before Alderman Owden—on that occasion Mr. Thomas Beard appeared for the prisoner—there was then a remand for more than a week—on 2nd February Mr. Dutton appeared for the prisoner—there was then a remand till 14th February—he had been admitted to bail before then; I believe on the 24th January—I was not present at any conversation between Colonel Fraser, the Commissioner of Police, and the prisoner—I was not aware that he had any conversation with the Commissioner—I don't know of his being taken before him, or any inspector; I should say he was not—I know it was suggested that his witnesses should see the Commissioner with him, but that was declined—there was an application to Alderman Owden on a sworn information for a warrant against Batchelor, Johnson, McKee, and Fagan; it was refused—I have no personal knowledge of the duties performed by the police at the site of the fire from 8th December to 22nd January, or of the manner in which the goods were guarded there—I have no knowledge of the handwriting of Fagan or McKee—the officers find their own pocket-books—I have not had the pocket-books of Fagan or McKee brought to my notice to see whether any portion of them is missing—I saw Mr. Beard look at them at the police-court and compare them with that piece of paper marked B—I never had possession of them—I can't say that this is part of a leaf from a policeman's pocket-book; it might be part of anybody's pocket-book; one policeman may buy one for 1d., and one for 1s., or 5s.—I had no communication from Acting-Sergeant Harper in this matter before I went to the prisoner—the things which the prisoner said he bought in Shepherdess Walk were very trifling compared with what we found in other places—the police were on duty eight hours, from 6 a.m. to 2 p.m., and from 2 p.m. till 10 p.m., and they changed week about every Thursday, and the sergeants would change once a month—I never saw the note which the prisoner said McKee left with his wife—this note (produced) says "To be ready at 5.30"—this case is not prosecuted by Rylands', or the fire offices, or by any insured parties—Mr. Wontner appeared for the prosecution the first time; Mr. Humphreys was there to watch the interests of Batchelor, McKee, Johnson, and Fagan after the application for a warrant against them—I don't think Mr. Grain was there as Counsel before that.
WILLIAM OLDHAMPSTEAD (City Policeman). On 23rd January, while Child was gone to the Detective Office with the prisoner I remained at the college—Mr. Millman was there—from what was said to me I went to the north end of the library, and in a cupboard under the library under some papers I found some articles which were afterwards shown to Child and to the prisoner; it consisted of flannel, plush, and so on.
Cross-examined. I had no knowledge of the putting up of the hoarding round the site of the fire—I have never seen Fagan or McKee write, and am not familiar with their writing.
EDWARD COLLARD (City Police Inspector). On Wednesday, 24th Jan., after the prisoner was out on bail, he came to Moor Lane Police-station to fetch away the property that had been taken from him when he was searched at the station—he said "I am very sorry that the police were not put into the witness-box to-day; for if they had, they would have committed gross perjury; it was a scandalous thing for them to say that they know nothing about it; I received the stuff through the window of the college in Philip Lane from them; they told me that when they were at a fire they were generally able to buy some cheap bargains, and they asked me to mind it for them, and I did so; McKee called at my place on the Saturday night and took away a parcel, and I think you ought to find out where he went to on that occasion; I received a roll or bundle from one of the constables through the window, and he put a label on it, and I dare say you can find it now if it has not been lost in removing the goods."
Cross-examined. This was a voluntary conversation of his—he did not say that he had been out to a dinner at the Albion on the Saturday, where he was an occasional waiter—I believe he is a waiter; I have been told so—I did not understand from him that in his absence his wife had allowed the parcel to go—I did not take a note of the conversation; I remember it—I did not question him at all.
WILLIAM FLOAT (City Police Inspector). On Tuesday, 23rd January, I was at Moor Lane Police-station when the prisoner was in custody—his sister and her husband brought him some refreshment and saw him in the charge room—I said that any conversation that took place must be in the presence of the gaoler—I heard a portion of the conversation; I I heard him say to his sister "You know that these men have brought parcels to my place;" and she replied "No, I know nothing at all about it."
Cross-examined. That was the only part of the conversation I heard—the prisoner's sister said "I know nothing at all about it"—I did not hear her add "except what you told me"—I was not present on 24th or 25th February, when the prisoner was questioned by the Chief Commissioner or Captain Bowman, or by any superior officer of mine—I myself put the question to him "Tell us truly, were there any others in it than the four you have mentioned?"—that was when he was charged at the station in the first onset, and he replied "No others"—when the charge was read over to him he said "The police know all about it"—I said "Who?" and he then mentioned those four names; I wrote them down, and said "Are there any more that know anything about it?" and he Raid "No"—I do not know of the Commissioner seeing him on any occasion—I did not say to him "Is Sergeant Taylor in it?"
JAMES LARKMAN . I live at Thames Haven Street, Abbey Street, Bermondsey, and am a scaffolder in the employment of Greenwood and Co., builders—after this fire, about a fortnight before Christmas, I was employed as foremen of the workmen in putting up the scaffold to take down the dangerous part of the premises in Philip Lane—I saw the prisoner a few days before, I can't exactly say the date—it was between 20 minutes past 7 and half-past, in the morning—he was looking over a pile of calico against the shaft facing Aldermanbury Avenue; he was on the first floor, above the pavement; there were about eight or nine steps to get to it; the place was in a dangerous state—I asked him what he wanted there; he said he worked for the Salvage—I said nobody was allowed there
because it was dangerous, as there was ironwork hanging over their heads—he never answered me, he said "All right," or something like that—I walked out and he followed me—he did not go away, he stood outside—I then went up the front scaffold, about 25 feet high, and saw him go back again to the same place, and I saw him return with a parcel something like calico; I saw the end of it, it was white—he went out at the front gate, towards London Wall, carrying the parcel with him—I saw no more of him that day—before he went to this place I had seen the pile of calico, four wide and two on the top—After the prisoner had gone there was one gone out of the two—a few days after Christmas I saw the prisoner again on the same floor where I saw him first, with a bundle of shawls in his hand—I asked him where he was going with them—he said he was going to take them to Silver and Flemings, that was a place where the salvage goods were taken, in London Wall—to go there he would have to go through Philip Lane and round London Wall—that was between 20 minutes and half-past 7, the same time as before—the place he took these things from was inside the hoarding—the door was opened at 7 o'clock in the morning—I don't remember seeing him inside the hoarding on other occasions—I saw him once in Philip Lane on one occasion, and saw Police-constable Johnson—that was after, the dangerous part had been put right—Goddard came through Philip Lane—they were not together—Goddard came through the London Wall gate, Johnson was at the gate—nothing passed that I know of—I did not point out anything to Johnson on that occasion—Johnson drew my attention to Goddard.
Cross-examined. I am a Londoner—I do not know a person named Maley—I have not been drinking with him at a public-house—I have not drunk anything for six years—I do not know Fagan, only by being about the gate—I have seen Batchelor and talked to him sometimes when I have been doing work—I know Johnson—I am not an acquaintance of theirs—I never saw them before they came there, I don't think I ever saw them before Christmas; it was not quite light at half-past 7 in December when I passed through the gate—there were policemen there, I believe—I can't say who they were—I always passed policemen every morning at 7 o'clock—I was never allowed to take out any parcel—some of the Salvage men are in uniform; not those who are working for them—I was at the hearing before Alderman Owden, and afterwards I went to Messrs. Humphreys and Sons—Sergeant Batchelor asked me to go to Guildhall, I can't say on what day—I did not know exactly that the prisoner was stealing these goods, because I thought he was working for the Salvage Corps—I did not actually know, after the second occasion, that he was stealing the goods; he told me he was going to take them to Silver and Fleming's—I have said that I saw him several times walking up and down Philip Lane—it was after the second occasion that I knew he was not working for the Salvage Corps, and that what he had said was false; I can't say exactly how long after, a week or nine days—I was not asked by Batchelor to go and see the prisoner when he was in custody; I was asked to attend the Court, I believe—I was told the day he was coming up—I did not go inside—I was told by the police to stop outside—I don't know who that was—it was two days after I had told Johnson that Batchelor asked me what I knew of the man—I can't fix the day; it was after the first hearing, I believe, when Johnson came to me, and Batchelor came two days after
—I told Batchelor what I had seen of him—he said, "All right; I shall want you to attend at Guildhall"—I first identified the prisoner as the man I had seen, when Johnson pointed him out to me; I did not know that he was in trouble—I was not called on the second hearing—I believe one of these four policemen told me to come next week—I was not called then—I was taken to Mr. Humphreys's office, I believe, after the third hearing, and then I made my statement; I went to the police-court again after that, and then I was not called—I have never given evidence till to-day—9 or 10 men were at work with me—I did not go down and stop the man when I saw this, because I could not get down in time enough—I don't believe there was a policeman there at that time—I believe he had walked up as far as Aldermanbury Avenue—there was a gate there; sometimes they go there and talk to one another; it is not above 50 or 60 yards.
Re-examined. I never knew any of the police in this case till I went to this fire, or any of the people there—besides the Salvage Corps, some labourers were employed to assist in removing the property; they were not in the Salvage dress—I first stated to Batchelor what I had seen.
By the JURY. I believe some of the salvage had been removed from different parts before this, but I don't know whether any was removed from there at that time; I was busy with my own work—I asked this man a question, and he said he belonged to the Salvage.
ELIZA HILL . I am the wife of William Hill, and live in Johnson's Yard, London Wall—I know Mrs. Goddard, the prisoner's wife; her little girl and mine go to the same school—on Saturday, 20th January, I received a message three times, in consequence of which I went to Zion College at 3.30 in the afternoon, and saw Mrs. Goddard, and had a conversation with her; in consequence of that I went again in the evening, and she gave me this piece of calico produced—it was wet; there were about 15 yards—on the Monday I gave my daughter a half-crown; I received a message from her, and on the Monday evening I went and saw Mrs. Goddard again—I afterwards received some silk from my daughter, which I have here.
Cross-examined. Mrs. Goddard did not tell me that the police had brought things which they had bought cheaply at the fire, and that for minding them they had made her a trifling present—she said her husband and four others had attended a sale, and bought goods from the fire in Wood Street, damaged by fire and saturated—I don't know who asked me to be a witness—Mr. Child called on roe—I was at Guildhall, but was not called—I was there once, and I was taken ill—I was not talking to Batchelor outside the Court at Guildhall; I don't know the man properly; I just know him by sight, nothing more—I have not been to Mr. Humphreys or Mr. Wontner.
Cross-examined. I did not take the height of the hoarding—I should think it was about 8 feet, at the utmost not more than 10.
ELIZA. EMMA HILL I am the daughter of Eliza Hill—on Monday, 23rd January, I went to Zion College, and gave a half-crown to Mrs. Goddard; that was after my mother had brought home the calico—on that occasion Mrs. Goddard gave me some silk, about 11 yards; it was damaged—I took it to my mother.
Cross-examined. It was very much damaged by fire and water—I have been fetched here within the last hour—I do not know Sergeant Batchelor—I have never been in a Court before.
FREDERICK KING . I am a buyer to Rylands and Co., Limited, at 55, Wood Street—at the time of the fire they had a large quantity of property there, which was afterwards taken charge of by the Salvage Corps—I have been shown by the police the property taken possession of in Zion College—I have been through it all—some of it still has our tickets on it, and other of the goods are exactly of the kind we had on the premises at the time of the fire—I have put down on a list the original cost of the articles, the total being about 215l.—that is the cost price to us as wholesale dealers—I did not measure the things.
Cross-examined. I went to the premises about a week after the fire—the salvage value of the things is 43l. 19s. 2d.—we had some umbrellas——I could not say that these three (produced) were part of ours—I don't understand umbrellas; I have nothing to do with them—I could not say that none of the property had not been sold by the fire offices.
Re-examined. I have been through the property item by item; it is all damaged, some by fire and some by water—some have our tickets on, and the rest correspond exactly with the goods we had in our possession at the time of the fire.
CHARLES WILLIAM KENT . I am in the service of Perrott and Co.—on 20th March I went through the property shown to me by the police—a gentleman from Rylands's put the value on it, and I measured it—I believe Mr. King put the salvage value on it.
WILLIAM SWANSTON . I am chief officer of the Salvage Corps—after the lire the property that was left was in a great measure taken charge of by the Salvage Corps, a hoarding was put round, and police were on duty at every gate—there was no sale of salvage stock before 21st January—when the search was made at Zion College a good deal of the property had been removed to the auction rooms by labourers, to be sorted and arranged for sale—the prisoner was never employed by me to take any property away—I never authorised or knew of his taking any away—until the search at the college I was not aware that any had been removed from the ruins—I was acting for the whole of the insurance companies.
Cross-examined. I was acting in respect of all the damaged property—perhaps 25 firms claimed from the insurance offices, to the amount of about 900,000l.—the hoarding was put up as soon as possible—before it was put up there was a cordon of police, so that no one could pass—there were about 10 gates to the hoarding, and police at each—the salvage men began to remove some portion of the damaged stock early the next day after the premises were reported safe, about 10 days after the fire—the worst were left and the best taken away at once—the whole of the salvage service men wear a uniform—some goods of the best description are carried off the premises by labourers—the vans are loaded by labourers, but each van is conducted by our own officers—the vans would be drawn up inside the hoarding; there would be no necessity to carry parcels out—the police would turn them back; I have known them do so—about 20 or 25 of my men would be in uniform, but we have more than 100 labourers employed—we are always at work from 8 o'clock in the morning till 6—I am there on an average every day myself; I may miss several
days—I have found a gate open and hunted a man to it, who has been, perhaps, round the corner—I knew Batchelor, Fagan, and McKee by sight, perhaps, but not by name.
JOHN BATCHELOR (City Police Sergeant 26), On Wednesday, 3rd January, I went on duty at the scene of the fire in Wood Street, and remained on duty there every day up to 23rd January, except when I was on leave once or twice—my hours of duty were from 6 o'clock in the morning till 2 in the afternoon—I had 14 men under me, among them Johnson, Fagan, and McKee—their hours were from 2 o'clock till 10 in the afternoon from Sunday, 14th, to 23rd January—not quite during the whole of that time, they changed on Thursdays—after the 23rd they varied, a week early, a week late—I first saw Goddard to speak to on Sunday, the 21st—I had seen him before pass and repass in the neighbourhood of the fire—I did not know who he was then—it was early in the morning of the 21st that I saw him, some time from 7 to 7.30, in Philip Lane, within the hoarding—Johnson was speaking to him when I came up—Johnson said "This is Mr. Goddard, from Zion College, sergeant"—I said "Oh"—Goddard said "It is very cold this morning, sergeant"—I said "Yes, it is fresh"—he said "Sergeant, I have something nice indoors, samething that will do you good"—I said "What is that?"—he said "I have some nice turtle soup; do you like it?"—I said "I don't know; I have often thought I should like to taste it, but it is a thing I have never tasted in my life"—he then went indoors, and within half an hour he brought some out, and me and Johnson drank it—he said it was some he had Drought home from a dinner party that he had been at a night or two previous—it is not true that I brought any of this property which was found at Zion College on to those premises, or that I knew of its being taken there—I did not know of McKee, Johnson, or Fagan having taken any there.
Cross-examined. I said before Sir Thomas Owden that the property then produced was all that was brought from Zion House—I meant by that the property I had seen at Moor Lane—I said I had no knowledge of how the property got to Zion College; I swear that to-day—I have not taken any property there, or authorised any to be taken there—before Sergeant Child came to me with Goddard I knew nothing about it—I did not tell the prisoner that the police had got scent of the matter—Mr. Beard cross-examined me—I said that I never had any conversation with Mrs. Goddard—that was quite true—I did not go to her with Goddard on the evening of 17th and ask her for the key of the place under the library, and for a candle; I did not receive a key or candle from her; I did not promise to ring the bell when I had done—I did not leave a parcel with her—I did not call on Saturday evening with Johnson and see Mrs. Goddard—I did not go under the library with Johnson I did not say I would ring in the morning if I wanted her—I was not there at all on Sunday morning or Saturday night—I never had breakfast with them—I did not meet a man as I came downstairs from breakfast, I was not there—I have never seen the window of Zion College open while I have been there—I did not tell Mrs. Goddard about losing my child—I never had any conversation with Mr. or Mrs. Goddard about my being a married man with a family, and the circumstances of my family—I was shown a girl, Lydia Goddard, at the police-court—I said "I never saw this child before to my knowledge"—that is quite true—
Goddard did not have any conversation with me about a fortnight or three weeks after Christmas—he never asked me if I could find two policemen who had been engaged by the College, and who were to call for 5s. which they had earned—he never spoke to me in reference to them—I don't know that two policemen did call and receive 5s.—I know one did, to have a reward for his attention—I said at the police-court "Two men did call to receive 5s. each"—that was not a slip—I know one called, and he told me that the other did; it was only hearsay that the other one called—I am not allowed to buy goods while on duty, or to take goods away—I never told the prisoner that—I never asked the prisoner to mind anything for me—I do not know where the lavatory or stokehole is—I have never been inside the hoarding of Zion College—in my evidence at Guildhall I said I had never been there but once, and that was five years ago, to get a certificate for one of my children—I said "I don't know where the library is, or where the steps leading to the library are"—I do not know the breakfast room—I was never in the library with either Fagan or Johnson—I never had a conversation with the prisoner in the street when there was a man with him—I never met either of the two constables with the prisoner—I never left the College in a cab with another man either walking or riding—I never left at the time a cab had gone from there with goods—I was never there to see it go away—I said "Since the fire I have not been in a cab to St. Mary Axe or to New Street, Bishopsgate Street"—I live at Rose Alley, close to Bishopsgate—there are three entrances to the alley, and two from New Street—I never washed my hands in Zion College—the little girl that was shown to me never made me toast—I was present when Goddard made a statement to the Alderman. (Portions of a detailed statement made by the prisoner, to the effect that the goods were brought to him by the police, were read to the witness, the truth of which he denied seriatim.) I know Burland, the cabman, by sight since I saw him as a witness at the police-court—I did not know of his being called from the rank in Moorgate Street on Wednesday, 17th January, by a constable in plain clothes, and that he pulled up in front of Zion College—to my knowledge no things were put inside the cab, no two men got in—I was not there, and can't say that one of the men sat outside with the cabman—Johnson lives in St. Mary Axe, at the last house on the left, at the corner of Houndsditch—I was not with the cab stooping outside Johnson's place—I did not ride with that cab to New Street—did not get out and take any parcels from the cab and go up the court—I did not give the cabman 2s.; I had nothing to do with the cab—I did not go to Mrs. Goddard about half-past 9 o'clock on Monday, 22nd January—I did not say to her "Where is Johnson?" nor did she say" He is in the library with Goddard"—I did not say "Go and tell him he is wanted on duty immediately"—I did not remain there till he came—I did not know of Johnson calling on Mrs. Goddard on Tuesday, 23rd, at 6 o'clock in the evening—I know nothing about his calling on her—I know Miss Smith—I did not give her three umbrellas, I lent them to her—I don't know whether these (produced) are the three—I believe this is one of them, the black-handled one; I believe I did give that to her—I did not take them from the fire, I bought them at the Exchange in Houndsditch, at one time—I did not buy them to give to Miss Smith; I only left them with her—I did not leave a parcel with her—I know there was one, my daughter left it there, so my wife told me—I don't know what it
contained, my wife told me it was mangling; it had nothing to do with me, I only fetched it because my wife asked me—I did not see it opened—my wile told me that the girl had left it there—Miss Smith did not insist on my taking away the bundle—I know Miss Morrison—she was barmaid or servant there—her father and mother were strangers to me—I don't know what Mr. Morrison is—Mrs. Morrison with her husband saw me on duty in Skinner Street, Bishopsgate, three or four months ago, and said, "Did you keep my daughter away from her situation last Friday night?"—I did not say "Yes"—I said, "I am very sorry, I am regularly ashamed of myself"—I made use of those words because I had treated the girl; "I was drunk, or I should not have done it, and your daughter had a drop of drink too"—Mr. Morrison did not say, "You are a regular beast," I swear that, nothing like it—I said, "Yes, I know I am, and I am very sorry, if I can do anything for you I will"—Morrison did not say, "You would lock me up if you had a chance; the Wood Street job is not over yet; I could have limed you before now, take care I don't do it"—I did not say, 'I know you could, and it is a very bad job," I said nothing about a bad job—Mrs. Morrison said, "We shall report you at the station"—I might have said, "For God's sake don't do that, don't ruin me like that, for the sake of my wife and children"—I was sent for that same evening, and a charge was made against me before my inspector—the charge was not that I had enticed her away, taken her to a coffee-house, and ravished her when she was insensible—a charge was made and investigated, but not proved—those words were not made use of—I paid for a bed for her, not for myself—it is not true that she met me before I was off duty; I met her shortly after 10 o'clock—she spoke to me first, or I should not have spoken to her—I went to one public-house with her, and went with her in a tramway down Kingsland Road towards Abney Park—we did not go to a public-house there—she did not ask for lemonade, and I did not insist that she should have brandy—I have not seen her here—I did not pass the night in that bedroom and remain till 7 o'clock next morning—I swear that I was not in bed with her—she did not faint—I paid half a crown for the bed—I did not go and tell her father and mother where she was, I did not know where they lived—it was too late to tell Miss Smith, the house would be closed at the time—it was between 12 and 1 o'clock when I paid for the bed at the coffee-shop—between 10 and 12, seeing that she was the worse for drink, I thought she would walk it off—it was entirely to walk off the effects of the drink that I went with her—I did not admit to Miss Smith that I had made her drunk and slept at the coffee-shop—I told Miss Smith that I was ashamed of myself for what I had done—I did not admit that I had been to the coffee-house with her—I did not go into the bedroom—I slept at my own house that night—I got home about 2 o'clock—the coffee-shop is in Brushfield Street, that is not many minutes' from my place—I don't know that I Saw anybody but my own people when I got home, I mean my wife and children, because I had to go into the same room where they were—the children are not grown up, the eldest is about 13 or 14—I saw three children that night; they were not awake—I cannot vouch any person except my wife who could prove that I slept at my own house that night—I did not send up a cup of coffee for the girl after 7 o'clock in the morning—I did not take away two parcels from Miss Smith's place,
only one—I had been using her house six, seven, or eight months, I dare say; I have been in the habit of going in and out—I had known the girl Morrison as a barmaid there all that time—I went and asked Miss smith for the umbrellas I had left, and she said she had sent them away—I did not give them to her; I had left them there for my own private reasons, for the purpose of making a present, I don't wish to say to whom, I decline to say—I bought them six or seven weeks ago at the Clothes Exchange, Houndsditch—I got the three cheap in one lot, or I should not have bought them—I did not want them myself—I bought them quite a month after the prisoner was in custody—I fetched the parcel away about six or seven weeks ago, I could not tell the date—that was not after the umbrellas, I took them there a week or 10 days after I fetched the parcel away—my daughter is not here—I don't know when she left the parcel.
Re-examined. Miss Morrison is 21 years of age, or within a month or so—I came off duty at 10 o'clock, and went down Bishopsgate Street for a walk and met her, and went for a walk with her.
EDWARD JOHNSON (City Policeman). After the fire I went on duty at the hoarding—I was on duty at the ropes at the corner of Aldermanbury, when I first commenced doing duty there from 6 in the morning till 2 in the afternoon for three days, and I then changed from 2 in the afternoon till 10 at night—I did not know of any goods being removed from the site of the fire except by the salvage men—I did not know that any goods had been removed into Zion College, or that any had been taken there by the police to be taken charge of; I saw none taken there—I did not know the prisoner till a long time after Christmas, some time in January I think it was—I had seen him to and fro Philip Lane—I found that he was the beadle at Zion College—I first spoke to him some time in January, something like the 21st, on a Sunday—I saw him come through the gate in Philip Lane towards Addle Street—I saw Sergeant Batchelor come through the gate—he went into Addle Street to visit the other men I think—Goddard said to me, "It is a very cold morning, don't you feel cold?"—I said, "Not very cold"—we had a fire in a large tin pot there—I was in uniform—he said, "Would you like something?"—I said, "what is it?"—he said, "Well, I have got a drop of turtle soup indoors, would you like some of that?"—I said, "Well, I have never tasted it, I should like to taste it," and he brought some in a mug, about a pint, and a cup with it—while he was speaking to me Batchelor came through the gate—I had spoken to the prisoner before that—I never went inside Zion College, or inside the College hoarding—I did not know of any of the goods being there.
Cross-examined. I was first on duty at the ropes at the corner of Aldermanbury for three evenings, and then I had to go to Aldermanbury Avenue Gate, and then at Addle Street for three weeks or a month—I was alternately under Sergeant Batchelor and Sergeant Taylor—I was at Guildhall when Goddard made his defence before the Alderman—I said then I had no knowledge of any goods being left at Zion College; I say so now—I was not in the College on the Wednesday, or any other day—I did not have breakfast there—I know Edward Moore—I saw him on 17th January in the morning come through Philip Lane—I did not see him that evening—I and Batchelor were not in our shirt-sleeves on the premises—I saw no cab—no cab was called by me—no bundles were put
on the cab—I did not go with any cab—I live at 54, Houndsditch, at the corner of St. Mary Axe—I don't know what cab you mean—I heard a man swear at Guildhall that he was a cabman—no cab came to where I live, nor was any parcel taken from a cab and removed to my house—I never gave the little girl Goddard a penny—she did not make any toast for me—I did not give her these toy tea-things—I saw them at Guildhall, and I was asked the question there—I never gave any toys to anybody—I did not hear the child ask her mother whether I was the gentleman who had given her the tea-things—she did not say "Yes," nor did the child say to me "I am very much obliged to you, sir"—that did not take place—I never went in with Batchelor, and had breakfast there, or any toast—Goddard's statement as to me is all untrue—Batchelor and I did not get two long iron rods, go into the stoke-hole, and place one end on the stove and the other end on the wooden partition, and afterwards putting some pieces of paper on the rods, spread some shawls out to dry—I don't know the stoke-hole—nothing of the kind took place in my presence—when I was on duty at the Gate the acting sergeant asked me where Batchelor was—I said "He is close handy here, I saw him pass just now"—he said he wanted to see him—I saw him in Philip Lane—I told him the acting sergeant wanted to, see him—we sometimes speak of him as the acting skipper—I meant Sergeant Harper—Batchelor said "All right, I will go and see him"—Goddard did not say to me "Will yon step in and have a cup of tea"—I did not say "Thank you," and go and sit down in his place in the presence of his wife and daughter—I was not told that there was something wrong, and that persons were said to be watching the place; nor did I say "There is nothing wrong as far as we are concerned, and they know better than to do so—no toast was made for me—I did not help to move the things to the flap in the library—I don't know the flap—Mrs. Goddard did not say to Goddard in my presence, "Make him come and letch the things away they have given us, I won't have them here"—I did not say "Don't worry yourself, you will find everything is correct, there is nothing for you to fear;" nor did she say "I don't care, come and take them away"—nothing of the kind took place—I did not say to Mrs. Goddard, "Our people won't take any notice of your carrying a bundle; do you mind taking this to the door, and I will walk in front of you?"—I did not walk in front of her while she was carrying a bundle; I was not in there at all to walk with her—I did not on Tuesday, 23rd, about 6 o'clock, say to Mrs. Goddard, "My heavens, what is up, Mrs. Goddard?"—she did not say "Do you know where my husband is?" nor did I say "No"—she did not say "Well, he is over at the police-station"—I did not see Airs. Goddard—I did not say "My God, we shall get the blame; whatever you say, don't say we took anything away in the cab"—I did not put up my hands and implore her again and again to say nothing about it—she did not say "The detectives have been here to-day, and taken all the things you gave me, and if you have got anything at home they will be after you as well"—I did not say "All right, I will see to that"—I never went to the gates of the College in plain clothes—I don't ever remember going that way after I had done my duty.
PATRICK FAGAN (City Policeman 253). After the fire in Wood Street I was on duty in the neighbourhood up to and after 23rd January—I know Zion College—it is not true that I ever took any goods there from the fire—I have never been in Zion College.
Cross-examined. I do not know whose writing this paper (B) is—I have a book here with my writing—I have not been told to bring it here—I produced it at Guildhall—this (produced) is the book I was using on 18th January—it is my writing—I never wrote that paper (B)—I don't know whether it is the same kind of paper as that in my pocket-book—that is the only book I had in use in January—I think I have had persons in custody since 18th January—I can't recollect that I had to make any report—this writing on the cover of the book is mine, and also that in the pages—I never gave a piece of paper to McKee to give to Goddard, or took it myself—I deny that I had anything to do with the making up of goods according to this list, and fetching them away in a cab—I deny knowing anything of the transaction at all—Goddard spoke to me about the two men who were entitled to 5s. each for the service they had done in protecting the salvage, and I believe I referred him to Batchelor—I believe they belonged to his division—I did not meet Goddard in Philip Lane, and say "Johnson was to have picked up a lot of things cheap, and meant to bring them round when it was dark;" nothing of the kind—I did not say "Both me and McKee are on leave this Sunday; will you make up the things left at your place next night, two parcels? one McKee will come and fetch, the other one I shall take away myself if you will be kind enough to keep it till I call for it"—Goddard did not say tome" Very well"—I had nothing to do with indicating what was to be put in the parcel, and that everything was to be covered up with a white cloth—I never had anything to do with it—I still persist that I did not write that paper.
JOSEPH MCKEE (City Policeman 274). After the fire I was on duty at the hoarding in London Wall, and afterwards in Addle Street—I was not at all aware that any goods had been taken away from the site of the fire, and put into Zion College—I never took any there, or knew of their being taken there by the police or anybody else, or concealed there—on Sunday, 14th January, the prisoner spoke to me—I had, known him from the first day I came to the fire—I knew that he lived at Zion College—he wanted to pass in and out, and I wanted to know who he was, and he told me; and from that I knew him—he came to me about six o'clock that evening, and said, "You never seem to be on leave the same as other men; you are always at this post"—I said, "Yes, I am on leave the same as other men once a fortnight; I shall be on leave this day week"—he said, "I suppose you go away?"—I said, "Yes, I go to Romford sometimes; I shall go there this day week"—I go to Romford once a month, sometimes oftener—I went there on Saturday afternoon, 20th January, about 4 o'clock in the afternoon—I came back on Sunday evening about 9.30—I did not take any parcel with me from Zion College to Romford on that occasion—I had not left a parcel there on the Saturday—I was on duty on the Monday morning—I did not leave—I have never left a parcel at Zion College, or taken one away from there—I have never been in the College.
Cross-examined. I have friends at Romford—I go there generally when I am on leave, once a fortnight—I never asked Goddard to take care of a parcel till I came off duty, and say I wanted to send it away into the country—Goddard never said to me, "What time are you going to Romford on Saturday? Fagan wants me to do up a parcel to take with you"—nor did I say "I shan't be leaving before 6.30"—Goddard did not
say "All right," and walk on to Fagan's gate—I do not know Fagan's handwriting.
Re-examined. The person I went to see at Romford was Elizabeth Parker, at Lawn Villas, Victoria Road, Romford—the was there when I went there on the Saturday—I got there a few minutes after 5 o'clock, and stayed there till I returned on sunday night.
PATRICK FAGAN (Re-examined). I did not hand this piece of paper to Goddard—I cannot say who struck a pen through the capital F—I did not obliterate any of the letters—I did not write this capital B in the word "Removing."
MR. BESLEY desired that the statement of the prisoner which was put in before the Magistrate should be read.
MR. POLAND objected, as it was not a voluntary statement made by the prisoner when called on, but one prepared by the prisoner's solicitor, and handed in by him. The RECORDER could not receive it as a statement made under the Statute; it was evidently a statement prepared as instructions to Counsel, and from which the witnesses had been cross-examined.
The following witnesses were called for the defence:—
WILLIAM BURLAND . I am a cabman, and live at 9, New North Road, Hoxton—on Wednesday evening, 17th January, I was driving my cab, and about 6.2 I was fetched off the rank to Zion College—a man came out from the College with some parcels—they were put on the front cushion in the cab—there were three or four men under the archway—there were only two lots of goods brought out—one of the men that rode in the cab brought the first lot out—two men rode in the cab, and I drove away with the goods—they were rather large parcels—the first lot was brought out across his arms; they were wrapped up in paper—I did not see the contents of any of them—the first place I was ordered to go to was St. Mary Axe—I was ordered to go through Camomile Street, turn to the left, and stop at the last private door on the left, at the corner of Houndsditch—one of the men got out there and took about half of the luggage with him, and went into the private door—I was then ordered to go to New Street, Bishopsgate, and the remainder of the luggage was taken out on his shoulder at the first court on the left—the first man did not return to the cab—I could not say the name of the court the second man went into—the last man paid me 2s. and went a way—the prisoner was not one of the men—I could not recognise either of the men—I can form no belief about it.
Cross-examined. The men were in plain clothes—there is no mistake about the time; I looked at Milner's clock at the time—the cab stopped at the gates of Zion College—I was fetched from the rank in Moorgate Street—the man who fetched me rode on the box, and told me where to drive—he got down and went inside the gateway—he did not bring out the first parcel—the man who got out at New Street brought out the first lot—the first I saw of him was when he brought the parcels out—he came out of the College—one parcel was a large one—it was put inside the cab—the man who rode on the cab did not bring the other parcel, it was a third man—there were two or three men there—I thought it was a roll of something pretty heavy, about as much as each
man could carry, like a regular roll from a warehouse—I saw no woman there—I don't know the prisoner.
Re-examined. I am quite sure the prisoner is not one of the persons I have spoken of—they were both bigger men than he.
EDWIN MOORE . I am a bootmaker, at 29, Barbican—I have known the prisoner 12 months—he is no connection of mine—I have visited him at Zion College, where he was porter—on Friday, J 12th January, I was in Philip Lane, and the prisoner spoke to Fagan at the first gate of the hoarding near London Wall—it was some time in the morning—I can't say the time—the prisoner produced a note to Fagan, and asked him the names of two policemen and their numbers—I then went through Philip Lane to another gate or hoarding at the top of Seward Street, at the top of Wood Street—the defendant there spoke to Sergeant Batchelor, and showed him a piece of paper—I then went round Wood Street to the College—on Wednesday, 17th January, I went to the College again about 4 o'clock in the afternoon—the defendant is occasionally employed at the Albion as a waiter, and at other houses—when I got there he was preparing to go out to a dinner, and he left before 5 o'clock—I remained there two or three hours, in and out—I was looking after the stokehole or cokehouse—I was there and upstairs, and in the kitchen and about—while I was there two policeman came to the College, Johnson and Batchelor—they were in their shirtsleeves, and no coats on, but policemen's uniform trousers—I was down in the stokehole, and they came down there—it was very hot there; the furnace was red hot—I saw some things hung on some iron rods; they were men's pants and vests and coarse woollen shawls—they were very wet—water was dripping from them—there was a lot of coloured water on the floor—I spoke to Batchelor and Johnson as well—I said "It is very hot down here; you have got it very hot down here"—they said "Yes, it is enough to roast these dogs alive"—there were two puppies there—Johnson held out his arms, and Batchelor took the things from the rods and placed them on Johnson's arm, and counted them as he did so—they took the things up the steps, and carried them to a lavatory door on the premises—I left them and went up the yard at the time with the dogs, giving them some water, and giving them a little run—when I came back I saw Batchelor come to the door with some brown-paper parcels—I saw three parcels, I think, at the lavatory door—I took one of the parcels to the front door, a large parcel—Batchelor took the other two down to the door—I helped place them in a cab—Johnson came back with the cab and the cabman—it was Burland—I helped put the parcels in the cab, turned the handle of the door, and wished them "Good night"—Johnson and Batchelor went in the cab—during all this time the prisoner was not there at all; he was at the Albion—when the cab drove away I went upstairs in the kitchen, and Mrs. Goddard was there and her child—none of the things were left in the stokehole when the men went away that evening—on the following Friday I went again to Zion College—the prisoner was going out to a dinner of the parish clerk's that day, at the parish clerk's hall, Seward Street—I don't think I saw any of the constables that day—next afternoon, Saturday, I went again between 4 and 5 o'clock—I went up in the kitchen, and Mrs. Goddard wished me to go to the lavatory and call Goddard—I went to the lavatory door and called him, and he called me into a ware-house I considered it was, under the lavatory—he asked me to help him
make up some parcels, because he was in a hurry to go away to another dinner—one parcel was a very large one, and one rather small—they consisted of wearing material, shawls, cashmere and flannel, and different things—I believe I saw this paper (B); I think I saw two pieces of paper, another piece a little larger and longer I think—it was under the library that we made up the parcels—there was a lot more goods there besides the two parcels—having made up the parcels I took them down to the front door, and put them on a chair in the hall inside the front door—I saw no more of them that night—the prisoner left before that—he took the small parcel inside the door and I took the large one—I did not see McKee that evening—next morning I went to the College about noon—the prisoner went out for a walk with the two dogs—I went upstairs for the keys, Mrs. Goddard went to the library to see the place safe and then I followed on—I saw Sergeant Batchelor at the first gate near Philip Lane—I said, "Good morning"—he said, "Goddard has gone through Philip Lane"—I went through Philip Lane to the Coopers' Arms—the prisoner was there outside the door with the dogs—he went into the house, I remained outside with the puppies—he came outside with Johnson and three or four more at the same time—Johnson came away with us through Monkwell Street towards London Wall—in Philip Lane I again saw Batchelor, he spoke to Goddard and called him on one side away from me—I did not hear what he said—on Monday morning, 22nd January, I went to the prisoner's house at ten minutes to 10 by Cripplegate Church clock; I went upstairs in the kitchen at the top of the house—I met Johnson at the bottom of the kitchen stairs, coming down with his big coat on and helmet—we said "Good morning" to each other, and he came down—I saw the prisoner and his wife there on that occasion—my brother is brother-in-law to the prisoner.
Cross-examined. I have known the prisoner about 12 months last February; we were intimate friends—I occasionally went to Zion College, pretty often; I called there most mornings and sometimes in the evening—I am a master boot-maker in Barbican—I have been a master bootmaker about 23 years in the country—during the earlier part of January I went in there day by day—I did not know that any of these things from the fire were on the premises till I went down to the stoke-house; that was on the 17th I believe—I was constantly in the habit of going there from the time of the fire, 8th December—I used to go about the different parts of the college with the prisoner, and in no part did I ever see any of the salvage goods to my knowledge, or know that any were there—he told me that the policemen had bought some salvage goods at the fire and they were coming there to make up some parcels—I think that was on the 17th in the afternoon, I believe that was the same day I saw them-there were three parcels, I believe, two large ones and a rather small one—I did not see them packed; I considered it was those goods that were taken from the stoke-house—I don't know, I did not see them made up—I consider that the police made up the stoke-house fire, to dry the things; I understood so—Goddard would have charge of the fire—Batchelor carried two parcels from the lavatory door down to the front door; I carried one, Johnson's parcel, it felt like cloth—Batchelor put the large ones into the cab; I believe the third parcel was put on the cop of the others, they were all on the front seat of the cab; I believe there were three parcels—I saw the cab drive up; Johnson came on the cab
with the cabman; he was in plain clothes, with the exception of his uniform trousers; his coat was plain and his hat was not a police hat; a low hard hat, a bowler hat—I knew that Johnson had gone to fetch a cab, Batchelor said so to me and Mrs. Goddard—(Johnson and Batchelor were called forward)—those are the men I speak of—they went away in the cab; they sat on the back seat—I heard directions given to the cabman where to drive to—I saw parcels done up on the Saturday—I did not see the going of them—Goddard was not there then, he had gone to the Albion.
Re-examined. He had gone to the Albion on the 17th, the 19th, and 20th—to the best of my knowledge it was on the 17th that the three parcels went in the cab, and on the Saturday two parcels were made up, I did not see what became of them—I have heard since that some of the cellars under the library were let to Mr. Freshfield; I did not know it at the time—I was never in them before the Saturday—I had been in the hall occasionally helping Mr. and Mrs. Goddard, I was there on the Friday evening assisting—I never saw any goods there—Goddard uses the sitting-room in the evening, and he had a bedroom and kitchen at the top; they cooked there occasionally for gentlemen who came there—since 8th December I have been in the rooms that Goddard and his family usually occupied—I have been there very often—I never saw any of the salvage goods in those rooms—when he was out waiting I have been there of an evening to attend to the fire—sometimes he was out till near 12—the fire had to be kept up all night, that was the reason of my being there, and I have helped him there at other times.
THOMAS DUERDIN DUTTON . I am a solicitor, practising at Westminster—I first appeared for Goddard on 2nd February, after the first hearing, on 26th, when Mr. Beard attended—this paper B was, I think, put in evidence by Mr. Beard—I don't think I saw it till I was at the police-court—I called for it the first day I appeared—I had nothing whatever to do with the manufacture of the statement made by the prisoner; it was a voluntary statement—the draft information is here—I see part of it was taken by one clerk and part by another—the latter part was taken by my shorthand clerk—I had nothing to do with suggesting or arranging it—I used document B the first day I appeared before the Alderman—after the committal I had a letter from Mr. Davey, the clerk, asking me to produce it—I went and saw Mr. Davey, and was informed by him that the paper was lost—I thereupon wrote to him last week, and on Friday evening I had a letter from him stating that the paper had been found—I had no opportunity of seeing it between the committal and last Friday—I gave Messrs. Wontner and Sons notice to produce it—I had no opportunity of comparing it with Fagan's pocket-book; in fact, I never saw it till this morning—Messrs. Wontner refused to produce the paper, and I drew the Alderman's attention to the fact, and also pointed out that the Commissioner of Police was in Court, and there could be no difficulty in producing it, but Messrs. Wontner absolutely refused to produce it—I applied for warrants against the four officers on the Tuesday morning—Alderman Owden promised to give me his decision on Thursday morning at 11 o'clock—I attended on Thursday morning at 11 o'clock, and was informed that the Alderman was not there—I attended on a subsequent occasion to see him, and was informed that I could not see him—then the remand came on, and I did not think it wise to renew my application till
the prisoner's committal—I then applied to have the Alderman's decision as to whether or no he would grant the warrants, and his reply was that he would not grant them then—that was on the same day as the committal, the 26th February—the information is before the Lord Mayor now.
Cross-examined. Goddard had been taken into custody and charged, and was under remand—I wanted the four constables to be taken into custody on Goddard's sworn information—I found afterwards that Mr. Davey had mislaid this piece of paper, at least I found it was missing—I don't know whether Mr. Davey had mislaid it—Mr. Wontner was conducting the prosecution for the City authorities—he wrote to me, as he had not got the document, to see if I had got it—I had a letter on the Friday morning to say that it was found—I don't know where it was in the meanwhile.
Re-examined. I wished to have an inquiry into the conduct of the police, and I knew of no other process than a warrant—if they had been charged with stealing, Goddard and his wife would have been able to give evidence against them.
HARRIET LYDIA GODDARD . I lived at Zion College with my father and mother—I go to school in the day time—on a Sunday morning I saw the constable Johnson in our kitchen, and I said to him "Thank you, sir, for those little tea-things that you gave me"—he said "All right, my dear, I will try and get you some more"—I had had some tea-things given me; these produced are them—my father gave them to me—I made some toast for Johnson that morning—I saw him in the house again on the Monday morning just before I went to school—that was in the kitchen—I know Sergeant Batchelor—I have never seen him in the College—he has come to breakfast; I did not see him at breakfast—I have not seen any other policemen there besides Johnson and Batchelor—I saw a cab come to the door, and two policemen—two sacks were put in the cab by the two policemen—I don't remember what day of the week that was—I don't go to school on Saturday or Wednesday afternoons—this was about 7 o'clock; the two policemen went in the cab and drove away.
Cross-examined. One sack was a big one, and the other a little one—the policemen were not in uniform—I knew they were policeman because I heard mother say their names—I did not know them—Johnson was in uniform when he was at breakfast on the Sunday morning, in his helmet and everything—I don't know what sunday it was.
ELLEN MORRISON . I was employed at Miss Smith's, Britannia public-house, in Bishopsgate Street, before 8th December—it is a house frequented by policemen, not very many—the police barracks in Rose Alley are nearly opposite, turning out of New Street—I entered Miss Smith's service last June—I had seen Batchelor there several times but never knew who he was—I remember seeing three umbrellas; these produced are the three—I did not see who brought them to the house; they were in Miss Smith's possession—she gave me this one—I saw the other two at that time—this was given to me the next day I think—as near as I can remember it was about two months ago—there are marks of water inside this one; it was in my possession about six weeks, I think; I did not use it—I did not hear Batchelor make any request with regard to the umbrella—Miss Smith spoke to me—I saw a parcel brought to the public-house by Batchelor's daughter one evening before 6 o'clock—
that was three or four hours after Miss Smith had given me the umbrella—Miss Smith opened the corner of the parcel and I saw flannel and linen inside; it looked a little saturated at the edges—it had no appearance of household linen or wearing apparel that had gone to the mangle; it was material that had not been made up—it was put in the bar parlour on a chair, it was there about an hour I think, I don't know who took it away, I was not there when it was taken—I saw another parcel after that—I was down stairs in the kitchen, and when I came up I saw it there on the top of the other in the chair in the bar-parlour before the other one was taken away—Miss Smith undid the corners of both parcels, I can't say what was in the other one—I think Miss Smith told me that Sergeant Batchelor came and fetched them away—I don't know who fetched them—on 30th March I was about three hours in Sergeant Bachelor's company.
Cross-examined. The first parcel was not done up in paper, but in a white linen cloth—I saw what was in it—Miss Smith only undid the corner; she undid a pin, that was how I saw it.
ABIGAIL MORRISON . The last witness is my daughter—I saw this umbrella in her possession at my house—I believe it was brought there after the prisoner was in custody—I can't say exactly how long after, but I should think a week or so—my daughter had it in her possession all the time; she never returned it—I did not know that Sergeant Batchelor was an acquaintance of my daughter—I saw him when my husband made some allusion to the Wood Street fire, about a month ago; I heard my husband say to him "You are a beast, you are not clear of the Wood Street job yet"—Batchelor said "I know that"—he also said "I will do anything for you I can if you don't name it," something to that effect, I don't rightly remember, but I know he said "I will do anything for you I can"—my husband answered "You would lock me up if you had a chance"—Batchelor said "It's a bad job"—I don't know what he meant by it—I afterwards attended before the inspector and made a complaint of his misconduct to my daughter—my husband is not here, he is in Shoreditch at work.
HARRIET SMITH . I am manageress of the Britannia, in Bishopsgate Street—I have been there three years—it is not very far from one of the sections of the City Police—the house has not been very much used by he police of late, it used to be; it has been nearly shut up; that is how I have lost most of my customers—I have known Batchelor three years—I have not been at lunch with him to-day, I left him when I went out of Court—I have been with a lady friend who was with me, no one else—I see these umbrellas—Sergeant Batchelor left them with me to take care of for him—I did not give one to Miss Morrison; I lent her one to run on errands with as they had been with me so long—I did not know that she had it at home for six weeks and had no occasion to use it—she had really only had it in her possession since she left me, and that was on 6th April, when I discharged her—I had the other two—I did not present her with one; they were not mine, they were merely left in my charge, they were not given to me—I did not give one to the potman, he never had one in his hand—I received two parcels in my house—I did not open the corner of them; I never knew what the contents were—they were fetched away by Sergeant Batchelor in uniform.
MR. POLAND proposing to recall Batchelor and Johnson in reply to the evidence for the defence relating to the Wednesday evening, MR. BESLEY objected, as they might have been examined as to it in chief. The RECORDER could not refuse to allow them to be recalled, as the particular point now at issue was not then relevant.
Evidence in Reply.
JOHN BATCHELOR (Re-examined). On "Wednesday, the 17th, at 6 o'clock in the evening, I was at home in my own house—Donald Lyall was with me—he lives at Walworth—I was at home from the time I went off duty at 2 o'clock, and I never left home any more till 5 next morning—Lyall was with me from 3 to 7 o'clock—he is a friend of mine; I have known him for the last four or five years.
Cross-examined. I have not been in Miss Smith's company since I was examined yesterday—I cannot say I have not passed the time of day to her—when I left the Court I did not walk with her; I simply said, "How are you, Miss Smith?"—she said, "Very well"—I did no mow than pass the time of day, as I have done to-day in passing in and out of the Court; that was not more than once that I am aware of—I don't know that I spoke to her more than once; I cannot swear it—it was at the rising of the Court yesterday that I passed the time of day to her, either in going out or coming in, I don't know which—I didn't walk with her—I didn't tell her that I had sworn that the umbrellas were only deposited with her, and not given—I have not seen her at any time to tell her that that was what I was going to swear—I didn't know that she had said that they were given to her—when I went and asked her for the umbrellas she said she had sent them away—that might have been a week or a fortnight after I left them there—I did not leave them there for six weeks.
DONALD ROBERT LYALL . I liver at 328, Walworth Road—I know Sergeant Batchelor—on Wednesday, 17th January, I saw him at his place, 12, Rose Alley—I got there a little after 3 in the afternoon, and remained there till 7 or a little after, and I left him there.
Cross-examined. I am not a son of a detective, or connected with detectives—I am not in any employment now—I have been employed in a solicitor's office in Chancery Lane; I left last July—I have been a 'bus conductor since, to the General Omnibus Company, for five weeks; I left in last October—I have not been in any other situation subsequently—I have been out of work; a great many solicitors' clerks are out of work—my name is down at the United Law Clerks' Office, and I have been there daily—I have known Batchelor about 10 or 12 years, but to be personally acquainted four or five—I have been at his place Mondays, Tuesdays, and other days, and very likely other Wednesdays besides this one, but it has not been brought to my notice.
EDWARD JOHNSON (Re-examined). On Wednesday; 17th January, at 6 o'clock in the evening, I was on duty at the corner of Fell Street and Wood Street close to the hoarding, on a fixed point—I was on duty from 2 in the afternoon to 5.30 in the evening in Philip Lane, and then Sergeant Taylor posted me at the corner of Fell Street to remain there till 10 o'clock at night to stop the traffic—I was in my regular uniform.
Cross-examined. Sometimes when I leave duty I put on a billycock hat when I go out for a walk, and a big overcoat—I never wear my uniform trousers when I am in plain clothes—they are distinct from my plain clothes trousers; they are much wider, and it is an order that we are not
to wear our uniform when in plain clothes—I change my helmet for my billycock at my own home, which is 54, Houndsditch; it is a large house at the corner of St. Mary Axe.
HORACE TAYLOR (City Police Sergeant). On 17th January I was in charge of the police, on duty at the fire—Johnson came on duty from 2 in the afternoon till 10 at night—he was in his uniform—I have the daily report here, so that I can clearly fix Johnson's being there at that time.
Cross-examined. I was in command of the whole of the men that were looking after the fire—Batchelor was not under me; he came on duty in the morning, not at the same time as Johnson—when Goddard was taken into custody, and made his statement against the police, I believe there was an inquiry into the truth of that statement—I have not been examined—I am no relation of Fagan's.
Re-examined. Batchelor was on duty from 6 in the morning till 2 in the afternoon on the 17th.
JOHN WILLIAMSON . I am a licensed victualler and proprietor of the Coopers' Arms, City—at the request of the authorities I kept my house open during prohibited hours on the Sunday for the accommodation of the constables and the firemen—I have known Goddard since the fire, not previously—he was not in my house on Sunday, 21st January, at all.
Cross-examined. The policemen and salvage men could come in at any time, no one else—I could tell you the names of all the persons who came in and had drink on the Sunday—Sergeant Taylor was on duty in the evening of the 21st, and he was served with refreshment for himself and four constables (Referring to his book)—I could not tell you without my book—I was asked by Sergeant Child to give evidence previous to the last sessions—he took a statement from me—I don't think I showed him my book—I knew it was to prove that Goddard was not in my house on Sunday, 21st January.
WILLIAM JONES (examined by MR. TICKELL). I am a waiter of 22, Lime Street, Fenchurch Street—I am a brother-in-law of the prisoner—I remember visiting him at Zion College on Saturday, 20th January—I know Batchelor and Johnson—I could not swear that I saw either of them there on that day—I saw police constables not in uniform that day, and I saw a cab there—I saw two men come out of the College gates and put some parcels in the cab—I don't know where they came from—the cab drove away with the men and the parcels.
Cross-examined. I and my wife are in the habit of going to Zion College—I did not see any of the salvage stuff there—I saw a small parcel on the Saturday night, 20th January, when I was there—I had not seen anything there before—Mrs. Goddard did not give me any of the salvage stock—I have had none of it in my house—there was no present to my wife—I did not see that any of it was there till Saturday, the 20th.
Re-examined. When I went there I went into the room that is usually occupied by Mr. and Mrs. Goddard, and I saw no salvage stock there—when the cab drove away I was in the front room, the sitting-room on the first floor—I was smoking, and I opened the window to spit out, and I saw the cab there, and saw it go away—I don't think I could speak to the cabman—I have not seen him since.
GUILTY on the second count. Strongly recommended to mercy by the Jury on account of his previous good character. — Twelve Months' Hard Labour .
465. CHARLES SEWARD (24) and ROBERT STRANGE (24) PLEADED GUILTY to unlawfully obtaining a quantity of jewellery from various persons by false pretences. Seward received a good character.— Twelve Months' Bard Labour each .
466. JOHN WHITE (20) and JOHN MOORE (30) to unlawfully obtaining 31l. by false pretences from William Dodson.— [Pleaded guilty: see original trial image] Judgment respited, Moore stating that he could give information.
467. MICHAEL KNOCKNEY (67) [Pleaded guilty: see orignal trial image] to a burglary in the dwelling-house of Alfred John Smith, and stealing a bottle of champagne and 2s. 6d.— Two Months' Hard Labour .
469. ALFRED LECATE(17) and WILLIAM RICHARD POTTER (17) PLEADED GUILTY to a burglary in the dwelling-house of Francis Perrin, and stealing two pipes and other articles. LECATE— Nine Months' Hard Labour . POTTER— Three Months' Hard Labour .
NEW COURT.—Monday, April 30th, 1883.
Before Mr. Common Sergeant.
MESSRS. CRAUFURD and LLOYD Prosecuted.
LOUIS CARRE (Interpreted). I am a waiter at 48, Wardour Street, Mr. Birkett's pancake shop—about 10 p.m. on 12th April I was near Lisle Street with a box of pancakes—three men came up, and all asked for pancakes; the prisoner was one of them—I gave them a pancake each; they were 1d. each—the prisoner gave me a florin—I had no change, and went into a public-house just opposite to get change, and my friend remained with them—I put the piece down on the counter—the barmaid took it up, put it into a machine, and broke it—my friend came in and said something, and I took up the pieces and went out—I could not see the three men; they had run away—we ran in the same direction, but did not catch them—about three-quarters of an hour afterwards I saw the prisoner at the station-house—I met a policeman about half a minute after coming out of the public-house, and told him what had happened
and gave him these pieces—I don't believe the prisoner could see into the public-house; the door was shut behind me.
EDWARD NEW (Policeman C 90). Shortly after 10 p.m. on 12th April I was in Newport Court, Newport Market, about 200 yards from lisle Street—I saw the prisoner there with two others walking along eating some pancakes—two or three minutes after the prosecutor spoke to me, and I took the prisoner in custody about three-quarters of an hour afterwards in consequence of his description—one of the men was with him—I was alone—I said, "I shall take you in custody for uttering counterfeit coin to a pancake man at the corner of Lisle Street with other men standing by at the time"—he ran away as soon as he saw me at the corner of Church Street and Deane Street, about 10 minutes' walk from Newport Market—he said, "I am very sorry, I did not know it was bad"—I searched him at the station, and found on him six good pennies—he gave me this piece of a florin (produced)—I know the other men who ran away—they were about the same age as the prisoner.
The Prisoner's Statement before the Magistrate. "I know the other two men. One of them had received the two-shilling piece from a betting man. He said to me, when the pancake man came along, 'Will you have a pancake?' I said, 'I don't mind.' He called for three pancakes, and gave me the two-shilling piece to pay for them. The man said he did not have change, and he went into the public-house for change. The other two men started to walk away. I thought it was strange, and I walked away as well. I never had the slightest idea that the coin was bad."
The prisoner, in his defence, stated that one of the other men had given him the coin, and that he did not know it was bad.
GUILTY.†Recommended to mercy on account of his youth .— Six Months' Hard Labour .
MESSRS. CRAUFURD and LLOYD Prosecuted.
JOHN KEEPING . I keep the Turk's Head, Charlotte Street, Portman Place—on 5th April I served the prisoner with half a pint of Burton ale—he gave me a shilling, which I suspected, but being very busy I laid it down and gave him 10d. change, and he left—he came again about 4 p.m. and tendered me a shilling for a glass of Burton—it was bad, and I placed it with the other away from other coin—I gave him the change, and he left—he came next day with Wells, who has been discharged, and called for three halfpennyworth of rum and twopennyworth of hot Irish, and tendered a shilling—I tried it in the tester, found it was bad, and gave them both in custody with the three coins, which I marked—going to the station I saw the prisoner throw a parcel into the gutter—I picked it up—it contained nine counterfeit shillings wrapped up separately in tissue paper, except the top one—I gave them to the inspector.
Cross-examined by the Prisoner. I did not put the first shilling into the till and say, "This is a lion one;" I put it on the edge—I took the second myself—I did not say to my young man, "Come and take for this."
12 o'clock, and took the prisoner and John Wells to the station—three coins were shown to me, but not given to me—Stevens met me outside and took Blake and searched him—I searched Wells—I saw Mr. Keeping hand nine shillings and three shillings to Haynes at the station.
JOHN STEPHENS (Policeman E 265). On 6th April I met Moss with the prisoner and Wells in custody—I accompanied them to the station, and saw the prisoner drop something in the gutter, which Keeping picked up—it contained nine bad shillings—I said, "Have you got any more?"—he said "No"—I said, "Where did you get them from?"—he made no answer—I found on the prisoner six half-crowns, one shilling, and 1 1/2 d.
JAMES HAYNES (Police Inspector E). I was present at Marlborough Street Police-court when Stephens took possession of these coins, which were produced by Keeping—the sergeant never had them; they were handed to me before the Magistrate by Stephens on the 6th—I produce them—we went before the Magistrate the same afternoon.
WILLIAM WEBSTER . These three shillings uttered are bad—two of them are of 1866, and from the same mould, and one is of 1864—these nine others are bad, and among them are two from the same mould as the one of 1864, and four of 1866 from the same mould as the other two.
Prisoner's Defence. He only took one shilling from me, and he put that in the till.
He then PLEADED GUILTY** to a conviction in September, 1876, of feloniously possessing counterfeit coin, when he was sentenced to Eight Years' Penal Servitude.— Five Years' Penal Servitude .
MESSRS. CRAUFURD and LLOYD Prosecuted.
HENRY BENNETT . I was the clerk in charge of the Putney Bridge Station on 5th March, the boatrace day, about 7.40 p.m., and the prisoner asked me for three single tickets for Edgware Road, price 6d. each—I found three others were with him, but there was a large crowd—he put down two shillings, one of which was bad—I broke it, and gave him a piece of it, and told him it was bad—he gave me another, which was also bad—I broke it, and gave him a piece back—I then examined the one which I had not broken, found it was bad, and gave him a piece of it—he then gave me another bad shilling, which I broke and gave him a piece back—he then handed me three more, making seven—I broke them, and gave him a piece of each—he said that he got them at a public-house in change for a half-sovereign—Dring, who was watching, took him, and I gave the pieces to Mopes, a constable—these are them.
WILLIAM DRING (Policeman T R 34). On the boat race day, about 7.40 p.m., I was on duty at Putney Bridge Railway Station, and saw the prisoner come in—he asked for some tickets, and I heard the booking clerk say twice that it was bad money—the prisoner was there two minutes, and I saw a number of pieces in his hands—I caught hold of his hands, closed them together, took him into the inspector's room, and found seven large pieces in his hand—the booking clerk kept the small pieces—I found a
bad shilling in his pocket, and a good half-crown, shilling, and threepence-halfpenny—a bad shilling was brought me by Inspector Curtis while I was searching him, and a constable put it to his mouth and broke it—I received from Inspector Moys the seven smaller pieces of shillings, and they corresponded with the pieces found in the prisoner's hand.
---- BOYS (Police Inspector). I was on duty, regulating traffic, and saw the clerk break a shilling—I called Dring, and gave the prisoner into his custody—two males and a female were with him—I took one of the males, but did not know what to do with him, and let him go—Bennett gave me the smaller pieces of these bad shillings—I gave them to Dring.
ALFRED CURTIS . I am inspector of the West Brompton Railway Station—I was at Putney Bridge Station on the boatrace day—the prisoner and two others came to the third-class booking office, and asked for three tickets for Edgware Road—he put down two shillings—the clerk broke one of them, and told the prisoner it was bad—he then handed another shilling, and as he did so another dropped on the floor—I picked it up without losing sight of it—it was bad, and I handed it to Dring—the prisoner gave the clerk another shilling, which he broke—he said that he got the shillings in change for a half-sovereign at a public-house.
The Prisoner's Statement before the Magistrate. "I never knew the money was bad; I received it in change for a sovereign at a whelk stall."
GUILTY . He then PLEADED GUILTY to a conviction of felony at Marlborough Street in October, 1882.— Fifteen Months' Hard Labour .
MESSRS. CRAUFURD and LLOYD Prosecuted.
EMILY BIRD . I live at 145, Cambridge Heath Road, and serve in the shop—on 12th April the prisoner paid me a shilling for a pennyworth of biscuits—I broke it in the tester—these are the pieces—I told him it was bad, and I should keep it—he said "What does it matter? you had better give it to me back? "but I kept it—he paid me with a sixpence—I gave him 5d., and he left—on 17th April I picked him out at the police-court among seven or eight others.
Cross-examined by the Prisoner. I swear you are the man.
ALFRED BOLTON (Detective H). On 3rd April, about 9.30, I was with Detective Purbrook, and saw the prisoner enter a public-house—I stopped him when he came out, and took him in custody, and told him I wanted him for a little affair which occurred in Brick Lane on the 8th—I searched him at the station, and found two packets containing 10s. wrapped up separately in tissue paper—he said "I picked them up in New Inn Yard, I don't know what they are"—I found a good sixpence on him—I afterwards received a shilling and two pieces from Bird—I made inquiries in the neighbourhood, and five days afterwards Bird came to the station, but I was not present.
Cross-examined. You had no opportunity of throwing anything away.
Cross-examined. I followed you 200 or 300 yards from New Inn Yard, and I had followed you on a different occasion—I did not see you stoop to pick up anything.
The Prisoner's Statement before the Magistrate. "I am a hard-working man, and have never been in trouble in my life. I was coming up New Inn Yard on Thursday evening at 9.30, and kicked against a piece of paper; I picked them up, and was going to have a look at them before I took them to the station."
GUILTY .— Twelve Months' Hard Labour ,
NEW COURT.—Tuesday, May 1st,1883.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD, LLOYD, and HICKS Prosecuted.
CHARLES DODD (Police Inspector Y). On 13th March, about 1.30, I was with Sergeant Berry in York Road, Islington, and saw, the prisoners together; we watched them for a quarter of an hoar—they stopped in Battle Bridge Road—I was about 60 yards behind them, and saw Clarke put his hand in his right trousers pocket, take out something and look at it—they went on and we went after them—I took Stanley, and Berry took Clarke—Stanley said, "What is this for?"—I said, "On suspicion of having counterfeit coin in your possession and uttering the same"—he made no reply—I had hold of his right hand, and he moved his left hand up and down twice to his watch pocket, and at the station I found in that pocket these eight counterfeit half-crowns, wrapped in tissue paper separately—while I was searching him he took from one pocket these seven half-crowns and threw them on the seat—he said, "Who has put us away?"—I said, "You have put yourselves away"—he did not say that he had found them and was going to bring them to the station.
CHARLES BERRY (Detective T). I was with Dodd following the prisoners—at Battle Bridge Clarke put his hand into his right-hand trousers pocket, took something out, and showed it to Stanley—they appeared to be examining it—they went on—I took Clarke—he said, "What have you got us for?"—I said, "I believe you have some counterfeit coin in your possession, and I am going to take you to the station to search you"—he said, "You have made a mistake this time, you will find nothing on me"—I found no money on him—he refused his address—Stanley gave an address which has been proved to be false—a good shilling was found on him.
Cross-examined by Stanley. You did not tell me you were going to take them to the station.
Clarke produced a written defence, stating that he was just discharged from Netley Hospital and met Stanley, who informed him that he had some bad money, and was immediately apprehended.
Stanley's Defence. I came from Edinburgh, and on the night of
March 12th I picked up these 15 half-crowns in a purse in High Street. When I got to where I sleep I found they were bad. I showed them to two or three people, who advised me to take them to the station. I met Clarke, who showed me his discharge, and I was just telling him I had found these coins when we were apprehended. Here is my discharge (produced), that is what I took out of my pocket, and not counterfeit coin.
CLARKE— NOT GUILTY . STANLEY— GUILTY .— Twelve Months' Hard Labour .
MESSRS. CRAUFURD and LLOYD Prosecuted; MR. FRITH Defended.
CHARLES PERRY . I am assistant at a publisher's and printer's in Bedford Street, Strand—on 3rd April the prisoner came in and asked for a certain article for a gentleman, who had sent him—he gave me a half-crown, and I gave him two shillings change—after he left I found the half-crown was bad—I kept it, and on the 11th he came again about 7 p.m., and said again that he had been sent by a gentleman for the same article and put down a half-crown—I bent it and rushed round the counter and held him till I got an officer—he three or four times offered to give me two good half-crowns for the two bad ones, but I gave him in custody with the coins—these are them, I marked them.
Cross-examined. Mr. Morris, who you know very well, is the proprietor of the shop—you have not defended him for keeping a brothel—we publish "Fanny Hill," "Maria Monk," and "Aristotle's Art of Love," and sell French specialities and transparent cards—I have been shopman since the end of February—I do not use the till, my pocket is my till—I wrapped the first half-crown in paper, and kept it till the 11th.
ARTHUR WEBB (Policeman E 85). On 11th April I was called to this shop, and Parry gave the prisoner into my charge with these two half-crowns—he said, "I have never been in this shop before, a gentleman gave me the half-crown to buy this article for him"—I said, "Who is the gentleman?"—he said, "A man who is engaged at Debenham and Storr's"—I said, "What is his name?"—he said, "I don't know"—I searched him in the shop, and found a good sovereign and a half-crown, and two halfpence.
The Prisoner's Statement before the Magistrate. "I know nothing whatever about the first half-crown; I was never in the shop before in my life."
NOT GUILTY .
MESSRS. CRAUFURD and LLOYD Prosecuted.
LILY HOUSE . I am assistant to James Johnson, a confectioner, of 79, St. Martin's Lane—about two months previous to 21st March the prisoner came in—I thought he was intoxicated, refused to serve him, and told him to go—on 21st March he came again and asked for two tarts, which came to 4d.—he put down a half-crown, I told him it was bad and bent it in the tester—I showed it to Miss Pike, and she bent it too—I kept it—the prisoner left without the tarts.
heard him ask for it back—it was kept by itself for two days, and then I put it on an ordinary fire, and it melted in three or four minutes.
HENRY WARDER . I live with my mother at 4, Eagle Street—on 23rd March, about 9 o'clock, I was outside the Yorkshire Grey public-house, and saw the prisoner—I had never seen him before—he gave me a florin and said, "Go in and get a pint of beer in a can"—I went in, and Mr. Stebbings said that the coin was bad—I went back, gave it to the prisoner, and told him—he said "The people is fools," and walked down the street sharp, and I saw no more of him.
Cross-examined. I am sure you are the man—you seemed drunk—I did not see you run—I pointed you out to Mrs. Stebbings.
EMMA STEBBINGS . My husband keeps the Yorkshire Grey, Eagle Street, Red lion Square—on 23rd March, about 7 o'clock, the prisoner came in and had a glass of ale, which he paid for; but I did not serve him—he then had a second, and gave me a bad shilling—this is it—I put it in the till, and after he left I found it was bad—there was very little money in the till, it being Good Friday evening; but there were other shillings—on the same night, about 9 o'clock, the boy Warder came in for a pint of beer in a can, and gave me a florin—I said, "My boy, do you know this is bad?"—he said "No," and rushed outside with it—I went out, and saw the prisoner running some distance up the street—a detective was called, and I went to the station, and saw the prisoner—I swear he is the man who gave me the shilling—it was put with other money, and I cannot swear positively to it—I bit the second coin, and it was gritty and soft—I don't think that I made any mark on it, as I knew the boy, and did not like to disfigure it.
WILLIAM BAKER . I am a wheeler, of 12, Vere Street—on Good Friday evening, about 8 o'clock, I saw the prisoner outside the Yorkshire Grey—he asked me to treat him to some rum—I said that I had no money—he went away, and went into the other bar with the boy's master—I afterwards saw him give the boy some money outside, and saw the boy come in with the florin—I heard them sound it on the counter, and it sounded bad—I went out after the boy, and saw the prisoner walking very sharp down the street; you might call it a run—I saw Mrs. Stebbings come out.
TEN KUHRT (Detective E). On 23rd March, about 9.30 p.m., in consequence of information, I went to the Yorkshire Grey, and Mrs. Stebbings showed me this shilling, gave me a description, and I went to 4, Eagle Street, and saw Warder—I then went to the George public-house, Great St. Andrews Street, a quarter or half a mile off, and found the prisoner—I told him the charge—he said, "I do not know what you mean"—I found on him a shilling, a sixpence, and eight pence—he had been drinking, but was not drunk—he knew what he was about, and walked very steadily.
Cross-examined. That was an hour and forty minutes from the time you were at the other place—I found nothing bad on you—you came quietly.
Prisoner's Defence. It is a matter of impossibility that I should have been there on the first occasion, because I was in prison; and if she is wrong in one case she may be wrong in both, I have no recollection of
the second case. I was drunk at the time. I remember changing it at another public-house, and whether it was good or bad I do not Know.
GUILTY .— Twelve Months' Hard Labour .
MESSRS. LLOYD and A. METCALFE Prosecuted.
MARY AGNES NEUNHAM . My husband is a tobacconist, of 6, Great Russell Street—on Sunday, 4th March, the prisoner gave me a florin for a threepenny cigar—I put it in the till, and gave him 1s. 9d. change—next morning my husband took the florin out of the till—it was bad, and was the only florin there—he bent it, and burnt it; it melted at once in an ordinary fire—on 6th March the prisoner came again for a threepenny cigar, and gave me a bad half-crown—I put it in the till, and found next morning that it was bad—that was the only half-crown I received that evening—I bent it, and burnt it—he came again on the next Tuesday for a cigar and a box of lights, and gave my husband a half-crown which I took to the police-station and gave to a detective—on the 19th, about 6 o'clock, the prisoner came again for a cigar and a box of lights, and gave me a half-crown—I gave him in custody with the coin.
Cross-examined by the Prisoner. When I recognised you I did not give you in custody, because I preferred the loss of the money to making any charge, till I was quite convinced.
JOHN NEUNHAM . I took a bad half-crown on 13th March, and gave change in my wife's presence—she took it to the station—I cannot identify the prisoner—it was for a threepenny cigar and box of lights, which came to threepence-halfpenny—about half an hour afterwards I found it was bad.
GEORGE SEAMAN (Policeman 497 E). On the evening of 19th March Mrs. Neunham gave the prisoner into my custody with this florin, and said that he had been there three times previously—he said he had never been there before—I found a good florin on him.
Cross-examined. She said "I will not swear that he has been there four times," or that he had been in the shop before.
Re-examined. She said "I won't swear here that he has been in the shop before"—she swore that he had at the police-court.
M. A. NEUNHAM (Re-examined). The prisoner said "Will you swear I have been in your shop before?"—I said, "I won't swear here, it is not necessary"—that was in the shop.
The prisoner produced a written defence, stating that he was never in the shop till the day he teas taken, and that he did not know the coin was bad.
GUILTY .*†Recommended to mercy by the Jury.— Fifteen Months' Hard Labour .
MESSRS. LLOYD and A. METCALFE Prosecuted.
the shop, brought me a half-crown, and said in the prisoner's hearing that she thought it was bad—I found it was bad, and told him so—he said, "Let me look at it"—I said "No"—he left, and I followed him through Bedford Street and Chandos Street to the Grand Hotel Restaurant, Strand, where I saw a barmaid serve him—I saw him pass a coin, receive some change, and go out—I spoke to the porter and the barmaid, who gave me a bad half-crown—I went after the prisoner and gave him in custody—after he left the Restaurant he rushed to the sewer grating at the corner of Bow Street and attempted to fall down, and I saw the constable take a package from his hand.
Cross-examined. I know Mr. Boyle; he was a detective, and is now an inquiry agent—I inquired about your having an appointment with him at my house, and he said that he was going to sell you some wine.
EDITH MCGUINNESS . I am a barmaid at the Grand Hotel Restaurant, Charing Gross—on 17th April, about 11 o'clock, just before Mr. Deacon came, some one came and had some whisky, and gave me a half-crown, for which I gave change—I cannot speak to the prisoner—Mr. Deacon then came in and spoke to me—I gave him the same half-crown, and he left, and came back with the prisoner in custody—a bent half-crown was put on the counter—there were two other half-crowns in the till, which the manager said were good—this one was at the top of the till.
EDWIN DIGEY (Policeman A 104). I was on duty in Northumberland Avenue, and saw Mr. Deacon following the prisoner—he gave him into my custody for passing two bad half-crowns—he said that he knew nothing of it—on the way to the station he pushed me with his shoulder, and tried to get at a grating, and fell into the road—I seized his hand, and took from it this packet (produced) containing six half-crowns, each separately wrapped in tissue paper, but the paper was completely destroyed in the struggle which ensued—I found on him at the station a florin, two sixpences, and other good money.
Cross-examined. You did not push me very hard—it was not by accident—you used your strength—you struggled with me.
Re-examined. The struggle did not last more than a minute, as a constable came to my assistance.
WILLIAM WEBSTER . These two coins uttered are bad—one is of 1819 and the other 1846—these six half-crowns taken from the prisoner's hand are bad—one is of 1819 from the same mould as one of those uttered, and two are of 1846.
The prisoner produced a written defence, stating that he had an appointment with Mr. Boyd at Mr. Dray ton's house, and on the way there kicked against a packet containing seven half-crowns, one of which he passed at Mr. Drayton's, and as the barmaid said that it was had, he was on his way to throw the others into the Thames when he was taken.
GUILTY . (He had been convicted of uttering counterfeit coin in November, 1881, and sentenced to Fifteen Months' Hard Labour)— Five Years' Penal Servitude .
FOURTH COURT.—Tuesday, May 1st,1883
489. GEORGE PAYNE and THOMAS HOWELL [Pleaded guilty: see original trial image] to stealing a bottle of pickles, three tins of salmon, ten packets of cocoa, and other goods, the property of Caroline Gernat.— Eight Months' Hard Labour each .
MR. BURNIE Prosecuted; MESSRS. ROWLANDS, Q.C., and BESLEY Defended.
The Jury in this case, being unable to agree upon a verdict, were discharged .
(See Third Court, Thursday.)
OLD COURT.—Wednesday, May 2nd, 1883.
Before Mr. Justice Stephen.
The Grand Jury having thrown out the bill in this case, MR. CARTER, for the prosecution, offered no evidence on the Inquisition.
NOT GUILTY .
MESSRS GILL and DRUMMOND Prosecuted; MR. MONTAGU WILLIAMS defended Smith, and MR. POLAND Hunt.
GUILTY of the attempt.— Five Years' Penal Servitude each .
NEW COURT.—Wednesday, May 2nd, 1883.
Before Mr. Recorder.
MESSRS. FULTON and BEARD Prosecuted; MESSRS. ROWLANDS, Q.C., and KEITH FRITH Defended.
The Jury, being unable to agree to a verdict, were discharged, and the trial was postponed to the next Session .
NOT GUILTY .
MR. RIBTON Prosecuted.
MARY ANN TILLIN . On 9th April my husband had been drinking heavily all the week, and we had a few words—he was cutting a piece of a cigar; I have a very bad cough, and tobacco smoke makes me cough—I said, "Are you going to try smoking again? "and I tipped the pipe out of his mouth—he jumped up and gave me a shove, and I found myself
bleeding from my chest—I became covered with blood and went to the station and was taken to the hospital—I was there 10 days, but I could bare come out before, as I was out of danger—we were married in the East Indies, and he has a pension.
HERBERT HAMMOND (Policeman X 498). Mrs. Tillin came to the station bleeding from her breast, and I took the prisoner and told him it was for stabbing his wife—he said, "Is she dead?"—I said, "No"—he said, "I wish I had killed the b——, she has been a black to me for the last three or four years"—he appeared to be recovering from the effects of drink—I found this knife (produced) on the table.
THOMAS MASON KING . I am house-surgeon at St. Mary's Hospital—on 9th April Mrs. Tillin was admitted, and I saw her in bed the same evening—she was in an exhausted state, and appeared to have lost a good deal of blood—the wound was across the breast bone, about threequarters of an inch long; the knife bad been stopped by the breast bone—it was a dangerous wound—it might have been produced by this knife, which has blood on it—she was in the hospital about 10 days; there was so danger after the first few hours—if it had been an inch to the right it might have been very serious.
The Prisoner's Statement before the Magistrate. "I have nothing to say, but we were drinking together. We had no words that I remember. The last thing I remember is a lodger coming into my room and we bad a conversation. I remember nothing more."
GUILTY of unlawfully wounding.— Four Months' Hard Labour .
MR. GOODRICH Prosecuted.
CHARLES HARRIS . I am a carpenter, of 4, Charlotte Street, Caledonian Road—on Sunday night, 11th March, I was going home, and just as I got to Charlotte Terrace the prisoner and three other men seized me behind—I struggled, got away, and ran down Charlotte Street, where they seized me again, tripped me up, threw me down and rifled my pockets—they took my watch chain value 15l.—I screamed "Murder" and "Police"—Robinson came out in his trousers and shirt and they ran away—he ran after the prisoner and brought him back—I identify him as the one who rifled my pockets, but I cannot say that he took the chain—he came in front of me—he took my umbrella, he seized that first—I was perfectly sober.
Cross-examined by the Prisoner. I wanted to get at you at the station, as I could tackle you—I said that I would settle you and would kill you, and so I would if I had got hold of you, a ruffian like you—I have never felt well in my ankle since, and I was never ill in my life before—I was kicked on my ankle, which brought me to the ground.
ALPHONSEUS IRONS . I live at 20, Charlotte Street, Caledonian Road—on Sunday, 11th March, about 10.45 p.m., I bad just got into my house and was bolting the door, when I beard cries of "Police"—I went out and saw the prisoner with an umbrella in his hand, and three others outside my door stooping over Harris, who was on he ground—I went into the road to pick up his bat, and then assisted Sergeant Robinson—I was about 100 yards off when Robinson caught the prisoner—he was violent and threw his hat down twice.
Cross-examined. I gave you your hat twice and you had the umbrella in your hand then, but you threw it down when Robinson took hold of you—I did not pick it up, because you were so rough, and I was helping Robinson.
JOHN ROBINSON (Detective G). I live at 20, Charlotte Street, Caledonian Road—on Sunday night, 11th March, about 11 o'clock, I was undressing, and heard some one in the street shout "Murder," "Police," and "Help"—I ran out and saw the prisoner and two others holding Harris down on the footway, and a fourth man walking towards Caledonian Road—I followed the prisoner and took him in Copenhagen Street—he had an umbrella—I told him the charge—he made no reply then, but after we had got a few yards he said, "You have made a mistake, I am not the man," and threw away the umbrella and his hat and became violent—Irons assisted me and we took him to the station—when, the charge was read over he said, "I am out of work, and what I have got to say I will say to the Magistrate."
Prisoner's Defence. I heard a cry of "Stop him," and saw a man running towards me in his shirt sleeves. I thought he was going to fight me, so I struggled. He did not tell me he was a policeman.
GUILTY .*— Eighteen Months' Hard Labour .
THIRD COURT.—Wednesday, May 2, 1883.
Before Mr. Common Serjeant.
497. JOHN COLLINS (44) PLEADED GUILTY to unlawfully obtaining by false pretences from James Madden 400l., with intent to defraud, and other sums from other persons; also to stealing an order for the payment of 450l.— Judgment Respited .
MR. PURCELL Prosecuted; MR. ABRAHAMS Defended.
THOMAS MATHIAS BAKER . I am Town Clerk of Great Yarmouth—on 20th February I drew this cheque (produced) for 25l. in favour of Mr.W. L. Taylor, a carpenter, at Whitfield Street—I was indebted that sum to him—it was part of a sum to be advanced to him on a mortgage of some property in Yarmouth—I posted it myself on 20th February—it would reach London in the ordinary course on the following morning—it was addressed to W. L. Taylor, 99, Whitfield Street, Tottenham Court Road.
WILLIAM LABEL TAYLOR . I lived at 99, Whitfield Street—I am a carpenter—on 21st February I expected to receive a cheque from Mr. Baker, of Yarmouth—I did not receive it then, but on the 26th February, from Mrs. White, the jeweller—this is the cheque (produced)—on it is written and scratched out "To be cashed by Mr. Hartig"—that was not written nor authorised by me—it has since been endorsed, and passed through the bank.
Cross-examined. I do not know when the prisoner came to live at my
house—the first time I saw him was at Mrs. White's shop, Great Portland Street—I merely lodged in Whitfield Street, it was not my house—my letters were left in the letter box, and usually brought to me by the landlady, Mrs. Crawford—I have never looked at the letter box from the outside—I could not say whether it is a wide or narrow one—I had a latch-key to let myself in—I knew one of the other lodgers by sight; he was not the prisoner—this was not till after I missed the latch-key—I believe all the lodgers had latch-keys—I did not know Pets till I saw him at the police-court—the prisoner occupied the first-floor back.
ELIZABETH CRAWFORD . I live at 99, Whitfield Street—the prisoner came to lodge with me on 17th February—he took the top bedroom by the week—he made no arrangement how long he was going to stop—he left on Thursday, 28th, without giving me notice—he then paid a week's rent up to the Saturday—he told me he should not come back—he paid two weeks' rent altogether—Mr. Taylor lived in the same house—there is a letter box of the ordinary character to my door—if I was not there, the lodgers would go and fetch their own letters—I could not remember where I was on 21st February—I am usually at home at the morning delivery.
Cross-examined. I have 11 rooms in my house—they were all occupied at that time—my lodgers have latch-keys—none of them have duplicate keys that I am aware of—it is an ordinary letter box; not large enough for a person to put his hand in—I have never before had complaints of letters being missed from it—when the prisoner came to lodge with me he said he had just come from Africa—I did hear him say he had been in the police there for two years—he did not make any inquiries of me about a man named Petz, nor ask me if I had a directory, or where he could find one—I did not see Petz till the day the prisoner was taken into custody—while the prisoner was in my house he was looking for a situation—he told me when he left he had got a situation with an invalid gentleman in Bedford Square, and that was where he was going from my house—he used to be late in his room in the morning—I don't know when he went out; I did not keep watch over his movements—a friend used to come sometimes—lodgers go in and out and bring friends without my knowing it—one of my sitting-rooms is downstairs, and one on a level with the street-door—if I was downstairs I should not see who came into the house.
EMMA WHITE . I am a jeweller, living at 138, Great Portland Street—on 21st February I returned home about 11 in the morning, and found the prisoner waiting for me in the shop—he selected a ring, value 45s., tendered me this cheque, and said, "Will you give me change for a cheque?"—I said, "We never cash cheques for strangers"—I looked at it and said, "The cheque is not endorsed"—he said he would get it signed by Mr. Taylor, and went away with it—he brought it back about twenty minutes afterwards with this written on it, "To be cashed by Mr. Hartig"—I said it was very irregular, and whoever signed the cheque could not understand what he was doing—he ultimately took the ring and left the cheque and a letter, which I delivered to Mr. Taylor, with me—I asked for Mr. Taylor's address, and he gave me Dean Street, Soho, no number, and said he was a coffee-house keeper—I went to the coffee-house and made inquiries, and in consequence communicated with the police—when the prisoner left the cheque I did not give him the
balance over the 45s.; he was to call in a few days for it—he called on 3rd March—that was after I had made inquiries—I asked him then to call again, and on the second occasion the police were ready for him.
Cross-examined. I found him waiting in the shop—there was nothing strange in his manner—he had selected the ring before I came in, the assistant had sold it to him—he did not seem startled when I told him I did not cash cheques for strangers—when he came back for the change he said he had been a long time coming for the money—I said "I have not got it for you"—he said could I let him have some—I said "Not any at all"—he was not angry—he said he should like some of it—he did not insist on having it—I don't think I saw him when he came back on the last occasion—I was not in the shop—he was given into custody as soon as the police officer arrived—I do not know if he had any money when he was taken.
EDWARD BAREETT (Police Sergeant E). On the morning of 5th March I saw the prisoner in Mrs. White's shop—I heard Mrs. White interrogate him first about the cheque—I told him I was a police sergeant, and should take him to the station to make some inquiries about him—he replied, "I did not think there was anything wrong with the cheque; I got it in payment for some money that was due to me, and if you come with me to Soho Square I will show you the man that gave it to me"—I said he would have to come with me to the station—he gave me a description of the man who gave him the cheque—he only gave me his Christian name, Karl; but he gave his address at 77, Castle Street, Leicester Square—Karl Petz is here to-day—I searched the prisoner and found about 10l. in gold and 10s. 6d. in silver on him—an application was made by the prisoner's solicitor for the property to be given up, and the order was made in the usual way, and this receipt was given, to which I saw the prisoner sign his name, "G. Hartig."
Cross-examined. I did not go with the prisoner to find the man, because it is unusual, and would not be safe; it would be a breach of duty—he gave me a description of the person and his dress—he said he was a Frenchman, about 25, with a fair, slight moustache, dressed in a long Ulster, light trousers, stand-up collar, and with a ring on each hand, and that his name was Karl—he did not give the other name—I have been to 77, Castle Street—I saw Petz there—he answered the description.
Cross-examined. I have been in England four weeks now—I came over three and a half or four years ago, and stopped then about six months—I was then looking out for a place as waiter—I could not find a suitable one, and went back again to Germany—I remained there till three months ago, when I came back to England—I made the acquaintance of the prisoner on my first visit at a public-house kept by Mr. Springer, frequented by Germans—it is in Bear Street, Leicester Square, and we were only slight acquaintances—I was not pressed for money at that or any time, because when I wanted money my parents supplied me with it—during the six months I was over here then I had money from my parents three or four times, amounting to about 400 marks, I believe—I should think I spent about 2s. a day—I never borrowed anything from the prisoner in my life—I saw him at times at Springer's, but did not
take particular notice of him—I do not know anything of his going to Africa—he did not come to say he was going to Africa, and wanted me to pay the money I owed him to travel with—if I had not been prevented by this case I should have been in a situation to-day at the Amsterdam Exhibition—I heard from my father that my brother was going to open a bar there, and I was to help him—I have not got the letter here, perhaps I have destroyed it—the whole of the time I have been in England I have been living on money sent by my parents, and on money which I had put by when I was a waiter at Cologne—I was there before I came here the first and second times—I am a native of Aix-la-Chapelle—my family live at Dusseldorf—I met the prisoner in the street two or three days after I came to England the second time—I did not at first recognise him—he accosted me, and after he spoke I recognised him—I arrived here about a week before the policeman told me to go to the station—I never knew where the prisoner was living—I did not come to see him at the house he was stopping at—I never borrowed the prisoner's latch-key—I never was in 99, Whitfield Street before this occurrence—after I had been before the Magistrate I was invited by the policeman to go there, and I did so—I went alone—I spent my days in trying to find a place.
Re-examined. I never saw 99, Whitfield Street before I was taken there after this charge.
By the JURY. I believe I was in England on 21st February—the prisoner speaks German—I have known him under the name of George Hartig, the Australian—I always considered him to be a German.
By MR. ABRAHAMS. I never went by the name of Taylor—I never altered my name from Petz.
MRS. CRAWFORD (Re-examined by the JURY). I do not keep my letter box locked.
MRS. WHITE (Re-examined by the COURT). I did not see the cheque and letter in an envelope—the prisoner held the letter in his hand—I had the letter and read it.
GUILTY . There were two other indictments against the prisoner for forgery and obtaining the ring under false pretences.— Ten Months' Hard Labour .
MR. PUROELL Prosecuted; MR. HEWICK defended Willis; MR. THORNE COLE defended Wilson.
JOSEPH BRUTON . I am a licensed victualler and the proprietor of the "Old Coffee Pot," White Hart Street, Warwick Lane—on the afternoon of 10th April, about 4 o'clock, I was in my bar alone—the two prisoners came into my private bar and each had, I think, two of whisky and cold water—after that two other men came into the general bar, and one asked for a 2d. cigar and the other had a glass of ale—there is only a partition dividing the general from the private bar—the prisoners could hear what was said in the private bar—I gave them the 2d. cigar and the glass of ale—the man smoked the 2d. cigar for I dare say five minutes—the prisoners might have seen these men if they had looked over; there is a partition about 4 feet high, and a glass shade over that—after the man had smoked the 2d., cigar for five minutes he said,
"Governor, have you got any better cigars than these, give me the best you have," and I took him a box of very good cigars—he said, "Now are these good ones?"—I said they were, and he said, "Well then, pick me out three or four"—I said, "No; pick them yourself, they are all alike"—he took hold of my hand and said, "You pick them, you pick them"—lie squeezed my thumb back considerably and that excited my suspicion, and I turned round and saw Willis going out with the cash-box under his arm—the box had been deposited in a cupboard in the bar parlour—access could be gained to the parlour from the bar by getting under the flap and coming round 9 or 10 feet—as soon as I saw that I snatched my hand away from the man and ran after him—Willis and Wilson ran and struggled to get out at the door—I ran after them—Willis dropped the box and they ran up Hart Street to Paternoster Square—I left the bar alone and went after them, and when I came back in about two minutes the other men had gone away—the cash-box did not contain any money, but a policy on the London and Provincial Fire Company and other papers.
Cross-examined by MR. HRWICK. The two men were quite close enough to the prisoners for the purpose of hearing—the bar is right-angled—the private and general bar are one as far as the counter is concerned, but they turn round—they are divided by a partition—the private is larger than the general bar—there are two doors entering my public-house—you can enter the private bar directly from the street—I was serving behind the counter—the parlour door was ajar—the cash-box was in a cupboard behind the door—it was not visible from outside—I was called away two or three minutes after I had served the prisoners to serve the other two men—I did not go out of the "bar—while I was in the bar I had a full range all round of the bar parlour and everything—I should think I had been in conversation with these men about 10 seconds—when I turned round I saw Willis just ducking to get under the counter, his back was towards me—the box was found at the very edge of the counter, neither inside nor out, under the flap—when I went after the prisoners I left the other two men in the general bar—I was gone about three seconds, and when I came back they were gone—I only chased the prisoners about three yards, because I could not leave my house—I had set up the pursuit.
Cross-examined by MR. COLE. The cash-box was not taken into the street—the public-house is at the corner of Warwick Lane and Hart Street—there is an entrance at the corner leading into the public bar, and another entrance from Hart Street—it is a fully licensed house—I do a goodish trade—I, my wife, the barmaid, and another man, when he has done his other work, serve there—there used to be four doors, but two are screwed up and have fixed seats in front of them.
Re-examined. I have no doubt about these men—I saw them both scuttle out of the place.
FRANK COX . I am a porter, and live at 54, Copenhagen Street, Islington—between half-past 4 and 5 on Tuesday, 10th April, I was going down White Hart Street and saw the prisoners struggling in the doorway of the Old Coffee Pot, to get out—they got out and ran up White Start Street, and round to the left into Paternoster Square—I heard a cry of "Stop thief," and followed about six yards from them till they were stopped, and I gave them into charge of a police constable—somebody
else stopped them—I am certain that the two men I saw stopped were the two men I saw struggling out at the door.
Cross-examined by MR. HEWICK. The Old Coffee Pot is about 10 yards up Hart Street—they came out of the private door—they had nothing in their hands—they went about 8 yards and turned into Paternoster Square—I had come down through Paternoster Square from Pearsall's, 134, Cheapside—that is about five minutes' walk off—I was in White Hart Street about two minutes before I got to the public-house—I heard the men running before I heard the cry of "Stop thief"—I followed till they got to King Edward Street, and saw them stopped.
Cross-examined by MR. COLE. They went up Hart Street, Paternoster Square, Rose Street, across Newgate Street to King Edward Street, about a quarter of a mile altogether—I did not notice anybody running but myself—I called out "Stop thief," nobody else did—I heard the land-lord do so—we met no policeman before they were stopped.
FREDERICK CHAPMAN (City Policeman 252). On Tuesday, 10th April, about 4.45, I was at the corner of King Edward Street, and I saw the two prisoners running from the direction of Rose Street towards King Edward Street where I was—Frank Cox was about three yards behind them calling out "Stop thief"—I caught Wilson and looked round and called out to Welsh to catch Willis, and I saw him do so—Cox said in their presence that they were wanted at the Coffee Pot Tavern for stealing a cash-box—another constable came up and we went back to the house with the two prisoners, and there the prosecutor charged them with stealing his cash-box—when I caught Wilson and Willis was across the road, Wilson said "That is the man you want"—at the station Wilson said "It is a great mistake."
Cross-examined by MR. HEWICK. Cox said they were wanted at Paternoster Square for stealing a cash-box—he mentioned the cash-box.
Cross-examined by MR. COLE. I heard nobody calling out stop thief besides Cox-there were other people about.
By the COURT. There were others running after the prisoners-the Old Coffee Pot is about 400 yards from King Edward Street.
JAMES CRIDDLE (City Policeman 337). On Tuesday, 10th April, about 4.15, I saw the two prisoners with another man not in custody standing outside a coffee shop nearly opposite the Old Coffee Pot-about 10 minutes or a quarter of an hour after that I heard a cry of "Stop thief," and ran up Paternoster Square and saw them running from Rose Street into Newgate Street.
WILLIS— Eighteen Months' Hard Labour.
WILSON— Two Years' Hard Labour.
OLD COURT.—Thursday, May 3rd, 1883.
Before Mr. Justice Stephen.
MESSRS. POLAND and MEAD Prosecuted; MESSRS. MONTAGU WILLIAMS and CHARLES MATHEWS Defended.
The Jury in this ease, being unable to agree, were discharged without returning any verdict, and the prisoner was tried by another Jury on the following day. See Old Court, Friday .
MR. LILLEY Prosecuted; MR. PURCELL defended Stocker.
STOCKER— NOT GUILTY .
CASEY— GUILTY .— Eight Years' Penal Servitude .
503. LEWIS GROOM (22) PLEADED GUILTY to an indecent assault upon Mary Ann Rochlitz, under the age of 12 years.— Three Months' Hard Labour. There was an indictment for a rape on the same child, upon which no evidence was offered .
NEW COURT.—Thursday, May 3rd, 1883.
Before Mr. Recorder.
505. JAMES WESTON (21) [Pleaded guilty: see original trial image] to burglariously breaking and entering the dwelling-house of Thomas Cotterill, with intent to steal after a conviction of felony in December, 1882.— Nine Months' Hard Labour . And
MESSRS. BESLEY and GILL Prosecuted; MR. BAKER Defended.
The defendant was indicted before the Grand Jury without having been taken before a Magistrate, and the Jury, after partly hearing the case, stopped it, and found the defendant. NOT GUILTY .
SMITH PLEADED GUILTY .
MESSRS. FULTON and BEARD Prosecuted; MR. PURCELL defended Cohen.
JAMES WILLIAM KING . I am clerk to John Nathaniel Flatow and others—the prisoner Smith was their entering clerk—it was his duty to enter certain items which were called out by the manager—this (produced) is the work book—at the end of each week he ruled off the page of each man's account, and put the total in the middle of the page and transferred the amount to the wages book, and I checked the amounts after he had entered them by the outdoor work book—on Saturdays Mr. Flatow paid the workmen from the wages book—they came to the wicket and were asked what the amount was, and if it corresponded with the wages book we paid them—in Cohen's account the entry on 6th January in the
work-out book was 1l. 17s. 6d., and in the wages—it has been altered by erasure to 2l. 17s. 6d., which was paid to Cohen that day—on 13th January here is 1l. 11s. 6d. in the outdoor work book and 3l.11s.6d. in the wages book—that is done by the same means, and Cohen received that amount—on January 20th here is 2l. 11s. 7 1/2 d. in the work book and 5l. 11s. 7 1/2 d. in the wages book by the same means, and Cohen received that amount—on January 27th here is 2l. 10s. 6d. in the work book and 4l. 10s. 6d. in the wages book, and Cohen received that amount—on 3rd February here is 1l. 11s. 6d. in the outdoor book and 4l. 11s. 6d. in the wages book, and Cohen was paid that amount—on 10th February here is 2l. 18s. 8 1/2 d. due in the work book, and in the wages book it is 4l. 18s. 8 1/2 d.; that is brought about by the same means, and Cohen received it—on 12th February here is 3l. 5s. 4d. in the work book and 5l. 5s. 4d. in the wages book; Cohen received it—on 24th February here is 4l.16s. 7 1/2 d. in the work book and 5l.16s. 7 1/2 d. in the wages book, done in the same way—on 3rd March here is 4l.8s. 6d. in the work book and 5l.8s. 6d. in the wages book, and on 10th March 4l.3s. 2 1/2 d. in the work book and 6l. 3s. 2 1/2 d. in the wages book, and on 12th March 4l. 7s. 7d in the work book and 6l. 7s. 7d. in the wages book—Cohen received all those amounts, and the alterations were made after I had checked the work book.
Cross-examined. The book did not remain in Smith's possession, but it remained in his department, and he was able to get at it—Mr. Flatow usually paid the workpeople—it was not necessary for Smith to be present an office, and the men are paid through it—I saw Cohen paid these amounts—workmen sometimes come and ask for other persons' wages besides their own, and if they bring the book they are paid—Cohen did not bring a book—he came himself.
STANFORD SMITH (The prisoner). I have pleaded guilty to falsifying These entries—I was in Mr. Flatow's service—I saw Cohen at the Cambridge Music Hall in January last—he said "Trade is very bad, and I have been wanting to see you to ask you if you can make some money for me every week in the account-book," or "the outdoor work-book"—I Said "I don't think I can, as you are only a common finisher"—he said "Yes, you can; this time last year I was taking 8l. or 11l a week"—I said "I will tell you to-morrow whether I can," and next day I said "I Have put down 1l. for the first week more than you have really earned"—he told me to make erasures in the wages book—I made alterations every week down to 17th March, and always let him know what I had put on by holding up as many fingers as I had altered the pounds—I never altered the shillings and pence.
JOHN NATHANIEL FLATOW . I am one of this firm—we are boot and Shoe manufacturers and leather merchants—I was present on these dates, From Smith when he was in the House of Detention, and went there, and He made a communication to me.
Cross-examined. It was after that that I commenced proceedings against Cohen—I paid Cohen myself—he always asked for the sum which was in the book, and if it corresponded King would say "All right," and I paid it.
COHEN— GUILTY . (see next case.)
SMITH PLEADED GUILTY .
MESSRS. FULTON and BEARD Prosecuted; MR. MONTAGU WILLIAMS defended Goldstein.
STANFORD SMITH . I entered Messrs. Flatow's service on 14th October, and three weeks afterwards I went from Ropemaker Street to Sidney Avenue—shortly after that I met Goldstein in Eldon Street, Finsbury—he asked me to go and have a drink with him, and said" Can you make some money every week?"—I said. "How can it be done?"—he told me to put down entries in the book for work which was not made—these entries in the book are consecutive numbers, the number of pairs, the quality, and the price—the work is given out to the men by the manager's dictation, and when it is brought in I enter it on the other side, and the amount he is entitled to receive—Goldstein told me to put down the number of pairs and carry them out at the same time, and always to put the list number—there was only one price—I made this entry on 17th February, 1883, by Goldstein's dictation: "5460. 1510/3. 14s."—that is a false entry right through—I put any number that came into my head first—I added the 14s. at the end of the week, as if due to Goldstein—on a number of other dates I entered a number of other items, also falsely. (The witness here pointed out several of his false entries on different pages.) Each of those entries has the same list number 1518/3—Goldstein gave me 5s. or 6s. at a time, when I wanted any money, and I got altogether between 2l. and 3l.—I afterwards voluntarily communicated with Messrs. Flatow, and Mr. Beard took down my statement in the House of Detention, and I signed it.
Cross-examined. I was not very much horrified at the suggestion that I should rob my master—I told Goldstein and Cohen that I should be found out, but they said that Mr. Flatow never looked at the books—I have been in the Uxbridge Militia—I had about 10l. from Cohen—my master promised that if I told about the others he would make no charge against me, but I told him before he made the promise—I have also had dishonest dealings with Philip Irons and Alfred Gray—Irons suggested to me that I should be dishonest to my master—they were all friends together, and four of them suggested it to me—I also cheated my master by Irons and Gray—they were not prosecuted.
Re-examined: I have heard that they have absconded.
JOHN FLATOW . I am a boot and shoe manufacturer, of Ropemaker Street and Sydney Avenue—Smith was my entering clerk—on 20th March I spoke to Mr. Cavan, and then sent for Smith, had a conversation with him, and then sent for Goldstein, and asked him if he knew anything about the fictitious entries—he said "No," and that if an entry was made in the book he did the work for it—I asked if he could account for 48 pairs—he said "All the work that is in the book I have done"—Smith said that it was not true, and I gave Goldstein in custody—here is an entry at page 201, in Goldstein's account, beginning 4560, for 48 pairs, for which 6l. 15s. 10d. was paid, and on 24th February 6l. 0s. 5 1/2 d. was paid to him—that included the false entry 5301—on 3rd March 7l. 13s. 0 1/2 d. and on 10th March 7l. 12s. 0 1/2 d. was paid to him; that included the false entry 6864—on 17th March 6l. 15s. 10d. was paid to him, including a false entry.
Cross-examined, Smith did not tell me the truth on every occasion—
he told me that there was only one transaction; that was a lie—I told him that if he told me the truth I would not press the charge—that was alter he pointed out the first item.
Re-examined. It was alter Goldstein's name had been mentioned—he mentioned Goldstein's name before I said anything about forgiving him.
THOMAS CAVAN . I am manager to the prosecutors—this entry in Goldstein's account, folio 201, 5301 1580/3, carried out for 14s., is false—when the work is sent over to me from Ropemaker Street it is invoiced with the number of pairs and the list number—my duty is to check it, and referring to my invoice I find that 5301 was invoiced to me—that has 48 pairs, but the list number is not set forth in the invoice—it comes to me from Ropemaker Street, and is in a clerk's writing—I believe 1580/3 was work done by a man named Hennessey—no price of work is entered to the same number twice over—this is Hennessey's account—1583, 5303, 5460, 207, 6817, 6416, 6864, 6716, 6816, and 6817 are all fictitious entries, and every one of them is for 48 pairs, and the amount is carried out the same—no work bearing the list number 5311/3 was given out after February 10th—I am referring to Smith's writing.
Cross-examined. My department has its separate books—Sydney Avenue is for manufacturing purposes, and the goods are sent from there to Ropemaker Street.
JAMES WILLIAM KING . I am a clerk at Messrs. Flatow's—it was my duty to see that Smith had put down the right amount for 48 pairs at so much a dozen—at page 232 here is an entry in Goldstein's account on 17th March: "6817, 48, 1513/3, 4s. 6d."—that is not made in the usual place—it is usual to leave a line, and this entry is made on the line; that excited my suspicion, because the ink was wet—Goldstein came that day for his money—supposing that was a real entry, 7l. 5s. 10d. would be due to him—he asked for 7l. 5s. and some odd pence—I was not satisfied; it had been found out, and we stopped 10s. of the amount—on those several dates from 16th February to 17th March I was present when Goldstein came for his money.
GOLDSTEIN— GUILTY . He received a good character.— Twelve Months' Hard Labour . SMITH was recommended to mercy by the prosecutor.— Three Months' Hard Labour . COHEN also received a good character.— Twelve Months' Hard Labour .
MR. BURNIE offered no evidence.
NOT GUILTY .
THIRD COURT.—Thursday, May 3rd, 1883.
Before Mr. Common Serjeant.
511. CHARLES SWEET* (24) and HENRY WRIGHT** (22) PLEADED GUILTY to burglary in the dwelling-house of Robert Compton, and stealing 2l. 2s., a purse, and a number of postage-stamps.— Twelve Months' Hard Labour each . And
512. JOHN MINTON (32) [Pleaded guilty: see original trial image] to unlawfully publishing defamatory libels of and concerning Elizabeth Pitt.— One Month's Imprisonment , a fine of 30l ., and to enter into recognisances in 30l. not to repeat the offence .
MR. CRANSTOUN Prosecuted; MR. GEOGHEGAN Defended.
JAMESAPPLEGATE. I live at 30, Old Street, Caledonian Road, Islington, and am a dairyman—on 3rd March the prisoner came to my house about 6 o'clock—he said "I want a little amount that you owe me;" I said "You can have it," and agreed to pay him 10s. 6d.—he said "Will you oblige me with giving me a cheque for 2l., and I will give you the balance? "I said "I will oblige you"—I wrote a cheque for 2l., gave it to my wife, and she gave it to him, and he handed my wife over the balance, 1l. 9s. 6d.—the cheque was crossed—this is it (produced)—it is not as when I gave it him—all of it, except the "Twenty "and the "2," is in my writing—I have the counterfoil here—I have seen the prisoner write—the endorsement at the back of the cheque is in his writing, to the best of my belief—I should take the "Twenty" to be his writing—I next heard of it on the Thursday before Good Friday, 22nd March—I went to the bank and got my pass-book—this cheque and a number of others were inside—I found I was debited with 22l. instead of 2l. for Williams's cheque—I have not got my pass-book here—I looked at the cheque, and found the writing "Twenty "and the figure "2"—I had not written that, nor authorised anybody to do it—the cheque was stamped "London and County Bank, Oxford Street," and perforated with the date—it is "Paid 6/3/83"—I went back to the bank and saw the manager, and then went to the Oxford Street branch, and from information I went to Mr. Townsend, who paid the cheque into the Oxford Street branch, and then I gave information to the police—on the following Saturday night or Sunday morning, between 12 and 1, I had gone to bed, and was knocked up—my little girl opened the door, and called me down—I saw Mr. Griffiths, Mr. Williams's clerk—he brought me 22l., four 5l. notes and 2l. in gold.
MR. CRANSTOUN proceeded to ask the witness, whether he had written a certain document. MR. GEOGHEGAN objected on the ground that there was no proof it had been brought to the prisoner's knowledge, or that Mr. Griffiths was an agent of the prisoner, and contended that if the document were evidence at all it could be put in and read. The COURT considered the objection good.) Griffiths brought me the 22l.—I was not indebted to him in that sum—I never paid the prisoner 22l. to transact particular business—I never paid him any other cheque but that one.
Cross-examined. I have had a banking account somewhere about six months—I have drawn about 20 cheques altogether, more or less—I did not see the prisoner to have any conversation with him after I received the cheque back from the bank till I saw him at the police-court—I think I saw him on the 23rd March—I think it is likely I saw him on the 28th—I saw him after the cheque was returned to me, and I knew it was a forgery by some one, and that he was the person to whom I had given it—it was not for me to say who did it—I didn't know who did it, and I don't know now—my firm belief is he did it—I saw him on the 28th
March, five or six days after I got the cheque back—I did not speak to him beyond what passed between us and the officer who took the charge—I did not speak to him about forging the cheque—when I saw him, I said nothing to him, nor he to me—it was at Clerkenwell Police-court—he was examined before the Magistrate on that day, and remanded till the next day—I did not speak to him at all; only to the officer—I swear that—I did not say at the police-court, "I saw him on the 28th, but I said nothing about it, nor did he to me: we only discussed general business matters"—it is a mistake—that is my signature—I have been at a police-court before; not as a witness—Mr. Cavendish was the Clerk—he read my deposition to me, and asked me if it were correct—there is a word or two left out—it was before that day, we met on business in the City, at Mr. Thomas's, a house agent's—it might be in the week previous—it was not the 26th or the 27th—I can't swear it was not the 27th—I never mentioned to him that I had received back a cheque, which I believed was forged by him, and asked him to account for it—I am a dairyman, carrying on business at 30, Albion Street, the Oak Farm Dairy—I have been there about four months—before that I was manager at the Amalgamated Dairies Company, 29, Caledonian Road for up and down ten yean—for five years I was there all the time—Mr. Hare was my employer—I left because of some little misunderstanding between him and myself—it was not because milk was sold, and the money not accounted for—I did not ask for a character, Mr. Hare has not declined to give me one—I have paid up all the money for the Oak Farm Dairy—I bought it of Edwards for 75l.—the landlord did not object to my coming in—he is Mr. Thomas—he introduced me to the prisoner—I was at the police-court some years ago; I can't tell you how many—I had never been there before—it was when I was with the Amalgamated Dairies Company—I was there as a prisoner—I was acquitted—I have never been in prison (MR. GEOGHEGAN having asked what he was charged with at the police-court, MR. CRANSTOUN objected, as the witness had been acquitted. The COURT held that the question should not be put)—as manager to the Amalgamated Dairies Company I did not have to draw cheques—I did place the "Two" to the right on that cheque—I don't take any notice where I write it—any one may draw a cheque inadvertently—it was the only cheque I gave the prisoner—I have drawn cheques before, writing the word so far to the left—I have never done it since—I and my landlord are on good terms—I took possession of the business by his consent through the misrepresentation of the prisoner—he said I should have a lease on the place for 7, 14, or 21 years if I would give 75l. for it—the prisoner acted as my agent, with full power to conclude the business for me—this was the first week in February—the forgery was on 3rd March—I paid 5l. down for the business—I have paid the remaining 70l.—the cheque was forwarded for the whole amount to close the business on 19th February—the landlord did not threaten to turn me out unless I paid 35l.; he threatened to turn me out unless I came to some terms with him—the prisoner promised to pay Mr. Thomas 30l.—he was acting as my agent at that time—the 10s. 6d. was in settlement of our account—I owe him nothing now—I communicated with the police on Thursday, 22nd March—I saw the prisoner before and after at Mr. Thomas's—I never said a word to him about the cheque, because it was not my business after I had gone to the police—I did not take the 22l. in satisfaction of the cheque, but because it was sent to me—Mr. Griffiths told me Mr.
Williams had sent it to me, and wished for the cheque to be returned—I had no cheque—I took the money because it was sent to me—it was not sent as satisfaction of the cheque—if a man came to me and said "Will you give me 22l. for the cheque?" I should not give the money without having the cheque—I have seen the prisoner write five or six times, or perhaps more—to the best of my belief that is his usual writing—the "Robt. P. Williams" here may be the prisoner's writing; I wouldn't swear to it—I believe the endorsement on the back of the cheque to be in his writing—I think the letters are of the same form—I am not an expert—the "W" is like his—there is not the slightest resemblance between the "P" or the "R."
Re-examined. The "Twenty" is not in my writing—when I came downstairs Griffiths said "I am sent here by Mr. Williams with 22l., and to ask you for the cheque that you hold"—I told him I had no cheque, and said "I will take the money if you will give it me"—he handed me four 5l. notes and 2l. in gold—I had been debited in my pass-book with this amount—he asked me to give him a receipt for it—I told him no, it was illegal hours to give a receipt or money, and I went back to bed—this was after the prisoner was in custody.
MARIA APPLEGATE . I am the wife of the last witness—on 3rd March the prisoner came to our house—he asked me to pay him 10s. 6d. for half a ton of coals—I went to get cash to pay him, and then he asked Mr. Applegate to write him a cheque for 2l. as he wanted to send some money to the country, and it was too late to get a P.O.O., and it would do him a great kindness—my husband wrote a cheque—I took it out of his hand and read it and gave it to the prisoner, and he gave me 1l. 10s., and I gave him 6d.—he receipted the bill for the coals, wished us good evening, and went out—this is the paper written on that day; it has been altered—he has written that "Twenty" and made another "2."
Cross-examined. The "Twenty "may resemble my husband's—I was not at the police-court—the police brought Mr. Williams to our place on the Friday, the day before he appeared at the police-court, my husband was out at his business—I did not see the prisoner—I told the policeman I was present and passed the cheque for 2l. to the prisoner—at the time the cheque was given our shop was open—I was attending to the shop—I don't believe I was called out to serve a customer either then or after the cheque was given—I had customers that night; my son and daughter were attending to the shop.
JOHN BENJAMIN (Interpreted). I live at Cwm Rheidol, near Aberystwith, South Wales—I am doing nothing at present, living with my father, a farmer and wood-carrier—I know the prisoner; I received a cheque from him by hand; I am not sure if this is the one—I think it was on 3rd March; I am not sure of the date—I do not know if it was endorsed—I did not look at it—it was the first cheque I have had in my hand—I gave it to Mr. Townsend—I received 10l. deposit for the purchase of a milk walk, and I was to receive 5l. for selling it; this cheque was in payment of the 5l.—I gave the cheque to my brother to give the prisoner the balance—my brother got thin receipt.
Cross-examined. I do not know when my brother gave the prisoner the 17l. change—the prisoner did not say I could hold the cheque for the payment of the 25l., he said I could change it when I liked—I did not give the prisoner any change when I got the cheque—I called again at
the prisoner's office to give him the change; I don't remember how long, afterwards it was—I saw him again on the morning I was going down to the country; I don't know at all what day it was—I told him I had given the money to my brother to pay him and asked him to fetch him—the prisoner said "I cannot fetch him"—I don't know what "Endorsement" means—I know Robinson; I have not seen him write—I do not know that Robinson and not the prisoner sent the cheque—Robinson has served me with milk.
---- BENJAMIN. I live at 15, Montpelier Terrace, Kentish Town—I handed 17l. to the prisoner—I have seen him write—I can't say if the writing at the back is his—I did not see him write it.
PHILIP TOWNSEND . I live at 51, Greek Street, Soho, and am a dairyman—I know John Benjamin—I received this cheque from him on 5th March, and paid it into my bank, the London and County, on the morning of the 6th—on the 22nd Mr. Applegate came to me—he made a statement to me, and I found out there was something wrong—I went to Mr. Applegate's in the evening, and we sent a telegram to Mr. John Benjamin to ask him to come up.
Cross-examined. I only saw the prisoner once, on the Saturday after Good Friday—I never saw him write.
WILLIAM VERNER CROSSLE . I am a clerk in the National Bank, Islington branch, 361-3, Goswell Road—the prosecutor has an account at that bank—this cheque was presented for payment on 6th March, and was paid in a 20l. note and 2l. in gold to a messenger from the London and County Bank, Oxford Street branch—the cheque was passed through in the ordinary way, and debited to the prosecutor's account.
Cross-examined. I did not cash it myself—I cannot say if I have ever cashed any of the prosecutor's before—I have been some time in the bank—the cheque is drawn very badly—a great many people do draw cheques in that way.
Re-examined. No first-rate man of business would draw a cheque in that way—if we see a man do it we warn him.
WILLIAM NASH (Police Sergeant G). On 22nd March Mr. Applegate gave me some information with regard to this case—I made inquiries, and on 31st March went to 31, Caledonian Street, King's Cross—I there saw the prisoner—I said "I am a police officer," and cautioned him, and produced the cheque—I said, "Be careful in answering the questions I put to you, as they will be put down in writing and may be used in evidence against you on some future occasion; I have come to make some inquiries about this cheque which Mr. Applegate said he paid you for 2l., and which has since Applegate paid me the cheque for 22l. there was a difference of 5l. between Mr. Benjamin and me, and I gave him the cheque to hold for a few days; I did not see him till 10 days after; I then asked him for the cheque—he told me had paid it away to Mr. Townsend; I said 'You should not have done that, as I have not signed it.' A few days after he called to pay the 17l. difference; I was out. About a week after I saw his brother, a cowkeeper, at Kentish Town—he paid me the 17l.—I saw a friend of mine, who told me the cheque had been returned to Mr. Townsend, and they telegraphed to Benjamin about it. I sent my clerk, Griffiths, with 22l. to Mr. Townsend to take the cheque up, as I had not signed it. Townsend said, 'Leave the money,
and I will produce the cheque on Sunday morning.' He afterwards said Mr. Applegate had the cheque. When Griffiths returned I sent him to Mr. Applegate with the 22l.; he received the money, and gave me a receipt for it. The signature on the back of the cheque is a forgery, I did not do it"—I then asked him to accompany me to Mr. Applegate's place, where I saw Mrs. Applegate, and from what she said I took the prisoner in custody—at the station, when the charge was read to him, he said "I am innocent. I asked him to write me a cheque for 2l., and he wrote one for 22l. to transact some business with his landlord."
Cross-examined. The reason he gave me for taking up the cheque was because the endorsement on the back was a forgery, and he had not signed it—he was brought to the police-court on 31st March—the prosecutor was examined on that day, and the case was remanded for five days till Thursday, not till the next day—the prisoner did not speak to the prosecutor in my hearing at the police-court—I heard the prosecutor's evidence read over to him—I heard "I saw him on the 28th, but said nothing to him about it, or he to me; we only discussed general business matters"—the impression was conveyed to my mind that they had seen each other on the 28th and discussed general business matters—when I went to Mr. Townsend he said the prisoner had called on him and represented himself to be Griffiths, and wanted the cheque back, and would pay Townsend the money, and Townsend said it was in the possession of Applegate, and Griffiths went there—I had not seen the prisoner till the day I took him into custody.
Re-examined. It was on the 30th I arrested him.
The Prisoner's Statement before the Magistrate. "I will reserve my defence."
MR. GEOGHEGAN submitted that there was no evidence of any intent to defraud, as the money was repaid before the matter was placed in the hands of the police, and nobody had actually been defrauded.
The COURT held that the charge was one of intending to defraud generally.
GUILTY of uttering. The prisoner then PLEADED GUILTY to a previous conviction of felony on 22nd November, 1880, in the name of Robert Harry Pritchard . Two witnesses were called, who stated the prisoner had been earning an honest livelihood since his release in May, 1882.— Five Years' Penal Servitude .
513A. ALFRED RAFFERTY (55) , Unlawfully conspiring with a person unknown to obtain, and obtaining by false pretences 24l: 4s. and 4l. 4s. from Nicholas Braylidis, and 7l. 12s. and 2l. 2s. from Albert Hough, with intent to defraud.
MESSRS. POLAND and CHARLES MATHEWS Prosecuted.
PHIDEAS RYAN . I am a schoolmaster, living in Spike Island, Cork Harbour, Ireland—I have had opportunities of seeing the prisoner write—he was three years and three weeks in Spike—I am perfectly acquainted with his handwriting—these letters, A1 to A6 and B1 to B5 (produced) are in the prisoner's handwriting—these four post-office orders (produced) are signed "John Bright" in the prisoner's handwriting—I could not be positive as to these two signed "James Hart"—there is this peculiarity in his writing, that in making a "t" his hand goes to the right instead of crossing the "t"—these copybooks are in the prisoner's writing; they were written in the schoolroom—he left my care on the
1st June, 1882, when he went to the prison—he was with me in the name of Rafferty, and left in that name.
Cross-examined by the Prisoner. I never mistook another prisoner's handwriting for yours—I can't recollect a case of a mistake in handwriting—I remember a prisoner named Kendal, but I don't recollect his memorialising about such a mistake.
Re-examined. For the three years the prisoner was under my care he was in the school two nights or one night a week.
ALBERT HOUGH . I live at Waterfoot, Lancashire—on 19th August last I saw an advertisement in the Yorkshire Post—I wrote to the name and address mentioned, and in reply got this letter dated 26th August, 1882, 46, East India Road, and signed Henry Gibson. (This acknowledged the request for a loan of 150l. for four years; stated that it should be advanced as soon as he was satisfied as to witness's general standing, and that he had telegraphed to his travelling agent to make the necessary inquiries, and requested 1s. 6d. to be sent for expenses of postage, &c.) I sent 1s. 6d. in postage stamps to the name and address mentioned, Believing the statements contained in the letter—I quoted the number 1374—afterwards I received this letter dated 30th August. (Stating that the traveller had returned with a satisfactory report, and that he had decided to advance 150l. for four years at 5 per cent., to be repaid in four equal yearly instalments, and requesting a post-office order for 7l. 12s., 7l. 10s. for the first year's instalment, and 2s. for stamp duty, on receipt of which the 150l. would be sent.) In consequence of this letter I sent a 5l. note and this post-office order (produced) for 2l. 10s., believing the statements in that and the previous letter—on 2nd September I received this letter (produced) in reply to mine. (Stating that all loans were paid in full, and that if the witness declined taking it up the 2s. should be returned and his name struck off the books, and that if he would forward the 7l. 10s. at once the 150l. should be sent by return.) I answered that letter, and afterwards received a letter on 6th September, and then this letter of 8th September. (Stating that having been engaged in a lawsuit, by the advice of his solicitor he had decided to make no more advances until he had witnessed the signature of the borrower to the promissory note, and asking the witness to forward 2l. 2s. for the expenses of his journey to Waterfoot, on receipt of which he would immediately start with the 150l.; that if he received an answer by return he would be with him on the morrow, or if the witness declined the terms he would return the 7l. 12s.) I complied with the request and sent another post-office order for two guineas to pay his expenses to come and witness my signature—I heard no more of him—I sent a letter and telegraphed to 46, East India Road, but got no answer—I sent the letters on to Scotland Yard a day or two after I received the last one—the advertisement I saw was similar to this—the substance of it was that money from 100l. to 500l. would be lent on personal security, with no fees; apply to Henry Gibson, 46, East India Dock Road, London.
THOMAS NEWNAM (Inspector K). I know 46, East India Dock Road, and I knew it in August last—there was no money-lending office or other place of business there—it was a brothel at that time—in July a charge was made against it, and since then it has been empty—there was no stock of bank notes or gold there—Inspector Downey called on me a week or two ago, before the remand.
Cross-examined by the Prisoner. I know nothing of you.
JOHN GEORGE YELVERTON . I live at 36, Moss Side, Manchester, and am in the office of the Manchester Guardian—on 16th February this year I received this letter (produced) enclosing 10s. in stamps—the letter requests the insertion of an advertisement in the Manchester Guardian, and the money is enclosed in payment—the advertisement in consequence Appeared in the issue of 17th February—on 23rd February I received another letter in the same handwriting, with a similar request, and again enclosing money, and a similar advertisement appeared on 24th February.
NICHOLAS BRAYLIDIS . I am a shipper, of 3, South Parade, Manchester—my attention was called on 17th February to this advertisement in the Manchester Guardian. (This stated that money from 100l. to 1,000l. would be font at 6 per cent, without securities, on a note of hand alone, for from one to five years, with prompt attention and secrecy. Apply to Mr. P. Povey, 4, Whitfield Street, Tottenham Court Road, London.) I wrote to that address, and in reply to that letter received this (produced). (This acknowledged an application for a loan of 400l. for three years; stated that the traveller should make inquiries, and requested 2s. 6d. to be sent to cover the expenses of postage.)—and afterwards this letter—I believed the statements contained in the letters, and thought it was a bond-fide case, and I sent three post-office orders for sums amounting to 24l. 4s., payable to John Bright. (Witness was requested in the last letter to make the orders payable to John Bright, the cashier.) On 24th February I received another letter, and on the 26th another. (Requesting 4l. 4s. for travelling expenses.) I believed the statements, and sent 4l. 4s. to Whitfield Street, payable to John Bright—I wrote several times to Whitfield Street, and sent telegrams, but got no answer and no money at all.
ANN JAY . Ann Herbert is my daughter—she is William Herbert's wife, and keeps a general newspaper shop, at 4, Whitfield Street, Tottenham Court Road—she was confined last Saturday, and is still in bed unable to come out to give evidence.
FRANK MEREDITHM (Police Sergeant). I was present when the prisoner was examined before the Magistrate—Ann Herbert gave evidence there—her deposition was read over to her and she signed it—the prisoner had an opportunity of cross-examining her.
Ann Herbert's deposition was read as follows: "I am the wife of John William Herbert; we keep a general newspaper shop at 4, Whitfield Street, Tottenham Court Road. About two months ago, or longer, a man going by the name of P. Povey came to our shop and asked us to take in letters for him about an advertisement for a situation in the steam confectionery line. He became a customer for newspapers, and we took in the letters to oblige him. A great number of letters came addressed to him. He used to call for them at 8.30. Three of the letters were registered. He continued to come for a fortnight or three weeks, and then discontinued it. After he ceased to call I handed eleven of his letters and two telegrams to Sergeant Meredith. I never saw the prisoner there."
The prisoner in his defence contended that there was nothing to connect him will the case except the handwriting, and that there was a great difference between his waiting and that on the post-office order.
GUILTY . He then PLEADED GUILTY to a previous conviction in July, 1878, at Drogheda, for obtaining money by false pretences.— Five Years' Penal Servitude .
OLD COURT.—Friday, May 4th, 1883.
Before Mr. Justice Stephen.
MR. MEAD Prosecuted; MESSRS. MONTAGU WILLIAMS and CHARLES MATHEWS Defended.
MARY ANN KERSHAW . I am a widow and live at 4, Mortimer Market—the deceased Mary Scoines was my niece—she was 32 years of age—she was the prisoner's wife; they lived together at 23, Pancras Street, a few minutes' walk from me—they had one room—they had one child—on Saturday, 31st March, about 3.45, I saw Mrs. Scoines in the passage of the house where they lived—she was then in very good health and spirits—the prisoner came downstairs and spoke to me—about 11.45 that same night he came to my house—he seemed to be pretty sober—he had been drinking, without a doubt; he was rather excited—he came and asked if Polly was there—I said "No, I have not seen her since the afternoon when I saw you"—he said "I have been home, and I found the door was locked; but I could hear the child in the room. I will go back and break the door open"—he then went away—he returned in about 10 minutes and said "I have broke the door open and found her drunk on the bed; you had better come and see for yourself"—I said "No, I do not wish to come; I would rather not come"—I asked Thomas Albert, a lodger in the house, if he would go—he said "I don't wish to go"—I said "Do go"—he said "I will go if the boy will go with me"—that was Richard Austin, who also lodges in my house—the prisoner then went away, and Albert and Austin followed him—some little time after Albert came and fetched me, and on going into the room I saw my niece down on the floor, crouched up, with her hands to her head—the prisoner, Austin, and the child were in the room—I took hold of Mrs. Scoines by the arms and said "Polly, Polly, rouse yourself up," but she did not speak to me; she appeared to be insensible—I said to the prisoner "Roger, raise her on the bed," and he lifted her on the bed; and as he did so her clothes were lifted up and I saw blood on her stockings—I raised her clothes higher and found more blood, and I said "Oh dear, who has done this?"—the prisoner said "I suppose you will say I have done it. If so, you had better leave the room"—I looked at her again, and felt that her hands were quite cold—I went to the door and called out "Police, police! will any person in the house come to my assistance?" but no person answered me or came—a few minutes afterwards Albert came into the room, and I called his attention to her stockings, likewise her hands—he felt her pulse and said "You had better take her to the hospital, Roger"—that was the name we called the prisoner—she was taken to the hospital and I remained, taking charge of the child till the prisoner returned—I went to the room again at 11 o'clock next morning to fetch the child to my house, as the prisoner had to go to the hospital at 12 o'clock—I did not notice a pail in the room
then, nor on the Saturday night—I did not move off the bed from the time he went away till he came back—I put the child to bed during his absence—the pail might have been there then—I saw it on the Sunday afternoon, about 2.30, standing by the side of the wash-hand-stand—it might have been there in the morning; I did not look round the room—I stopped there a very few minutes—I saw the contents emptied by a friend who was with me.
Cross-examined. The deceased had been given to intemperate habits at times—the pail usually stood in the room—she was sensible enough to say to me "Don't leave me, don't leave me"—the prisoner was standing by the bed crying—Austin was nursing the child; it was crying—I saw no sign of blood about the room.
THOMAS ALBERT . I lodge in the same house with Mrs. Kershaw—I was at home on Saturday, 31st March, about 11.30—the prisoner came and asked for his wife—I said "I have not seen her since yesterday"—he went away, seemingly very excited—he presently returned and asked the aunt to come and see her—she would not go, and asked me to go—I said I would not go without the boy, and he went with me—the prisoner said his wife was on the bed drunk—when I got to the room I saw her lying behind the door with her hands and head resting on a chair—the prisoner called my attention to the things on the bed, and I went and removed them—they were cups and saucers and a teapot—while I was removing the things he slapped his wife's face several times—I heard her say "Oh, oh!"—I did not hear him say anything before that—she said something about protection—I looked round, but could not see any difference in her—he then put his arms under her arms and lifted her up, and shook her and twisted her hair round his hand, and said if he had a b——razor he would cut her b——throat—I then went and called her aunt, and she came, leaving me outside, and I went home—I was afterwards sent for to the house again—the deceased was then lying on the bed—her aunt called my attention to the blood on her legs—she was lying apparently insensible—she called for water and I gave it to her—the aunt raised her clothes and said "Oh, my God, who has done this?"—the deceased said "He has done it"—after some talk we took her to the hospital—the doctor asked if she was in the family way, and the prisoner said "No"—he said two or three glasses of beer would knock her silly, and he told me he knew what it was, it was a miscarriage.
Cross-examined. When Mrs. Kershaw said "Who has done it?" the deceased said "He has done it, of course"—the prisoner slapped his wife's face on both sides, apparently with his open hand.
RICHARD AUSTIN . I lodge at Mrs. Kershaw's—on Saturday, 31st March, I went with Albert to the prisoner's room—I saw Mrs. Scoines sitting down on the floor, with her head on a chair—the prisoner slapped her face several times—he said "It is a b——fine thing to find her like this"—he put his legs across her and shook her—she caught hold of the top rail of the bed, and he caught hold of her hair and twisted it round his hand, and slapped her face several times again, and said if he had got a b——razor he would cut her b throat—she then fell down on her hands and knees, and he kicked her twice. (The witness described the way in which this was done.) He stamped upon her twice in that manner, and she said "Oh, oh"—Albert was at the side of the bed, taking off the Caps and saucers that the child had got there—I don't think he could
have seen the kicks—he left, and Mrs. Kershaw came—the prisoner lifted his wife on the bed, and I saw the blood on her stockings—Mrs. Kershaw said "Who has done this?"—he said "I suppose you will say I done it; if so, you had better walk out of the room"—Mrs. Scoines said "He has done it, of course"—I saw the woman taken to the hospital—I was in the room next day about 11 o'clock—the prisoner was there—I saw a slop-pail in the room—I saw the prisoner empty the hand-basin into the pail, but I did not see the contents.
Cross-examined. It was a zinc pail, with a round handle.
ALFRED ROWAN (Police Sergeant E). On Sunday evening, 1st April, about 7 o'clock, I went to Mrs. Kershaw's with Inspector Maddox—the prisoner came there about 9 o'clock—the inspector said "I suppose you know what I am here for; your wife has died under suspicious circumstances"—the prisoner said "I will tell you what I know about it if you will let me"—the inspector said "You can make a voluntary statement if you like," and he directed me to take down what he said in writing—I took it down, read it over to him, and he signed it—this is it. (In this statement the prisoner asserted that on his entering the room he found his wife lying drunk on the bed, and when he returned after calling Mrs. Kershaw he found her crouched down as the witnesses had stated, and he took her to the hospital.)
JOSEPH MADDOX (Police Inspector E). After the prisoner had made that statement I told him I did not believe his statement as to his wife's death, and I should take him into custody on suspicion of causing her death—he said "I am guilty," and directly after "I am not guilty, or anything you like to call it"—I took him to the station—I was examining his trousers and boots, and he said "You will not find on my trousers what you are looking for"—I said "What is that?"—he said "Blood"—I was looking to see if there were any spots of blood—I had heard a suggestion of kicking.
CHARLES HOARE , M.R.C.S. On 31st March I was house surgeon at University College Hospital when Mrs. Scoines was brought in—she was collapsed, almost insensible—the prisoner said "I went out, and when I came home I found her lying on the bed"—she was carried to the ward, and I made a further examination—I found her bleeding from the anterior part of the external genitals—there was a contused lacerated wound on that part—the laceration was about half an inch or so long—the bruise was about an inch and a half—the injury was recent—I think she had lost a good deal of blood—I stopped the bleeding—I found no other marks of violence then—she rallied, but ultimately died on Sunday, 1st April, at 12.50—she was too ill for me to question her—I witnessed the post-mortem examination made by Dr. Barker—all the organs were fairly healthy—we found this wound at the anterior part of the left labia—it was about half an inch deep, almost down to the bone—it divided vessels which would bleed very much—there was a bruise on one shin; that was not serious—the right ovary was ruptured, and there was commencing peritonitis round the coils of intestine—the cause of death was shock, hemorrhage, and commencing peritonitis—I should not think the rupture of the ovary had much to do with the cause of death—the hemorrhage and shock were the most important—the lacerated wound could have been caused by a kick, I could not say whether by the toe or heel of a boot; equally with both, I think—I saw the way in which
Austin described the kick on the back—I don't know whether that would have caused the rupture of the ovary; I should think not—it could not have caused the wound or the peritonitis—from what I saw of the woman I should not think she had been drinking; I cannot say for certain—she was not in the family-way.
Cross-examined. It is just within the region of possibility that the injuries might have been caused by the woman stretching across the pail, but not by the stamping described by the boy.
NOT GUILTY .
PLEADED GUILTY .— Twelve Months' Hard Labour .
[For cases trial in the New Court, on Friday, see Surrey Cases.]
THIRD COURT.—Friday, May 4th, 1883.
Before Mr. Common Serjeant.
516. THOMAS VISH (28)* PLEADED GUILTY to burglary in the dwelling-house of Alma Dunning and stealing 2 oz. of tobacco, also to a burglary in the dwelling-house of Richard Lewis, with intent to steal; and also to a burglary in the dwelling-house of John Krappen and stealing a coat and other articles, and 8l. in money.— Fifteen Months' Hard Labour . And
517. CHARLES MAITLAND** (22) [Pleaded guilty: see original trial image] to obtaining by false pretences from Henry Arthur Stillwell a lathe and other articles, value 37l., and from Joseph Frankeiss 300 cigars and 500 cigarettes, value 10l. 5s., with intent to defraud.— Eighteen Months' Hard Labour .
ROBERT WEEKS . I am foreman to Mrs. Esther Barton, of Welling, in Kent—she carries on a butcher's business—in November, 1881, I saw this advertisement in the Daily Chronicle. (Cobs, choice of 2; one is 15 high, 5 years old; suit Hansom's cab, commercial trap or any other tradesman: other 14 1/2 high, 6 years old, suit butchers, bakers, or any one requiring a strong useful cob. To be sold for no fault, owner having no further use for them; no reasonable offer refused, or owner will lend either for a month or two for their keep in good hands. Apply 21, Percival Street, Clerkenwell.) In consequence of that I went to 21, Percival Street, Clerkenwell, and saw Mrs. Lowry—I had a newspaper in my hand—I said, "Have you got the horse for sale?"—she said, "Yes"—I said, "Well, I have come up to see about one"—she asked me in—she said she was a laundress and had sold the business, and wanted to sell the horse—I showed her the newspaper, she said nothing about it—she then took me over to the stable in Sutton Street, and a man there showed me two horses, a grey and a bay—I can't say that it
was the prisoner—I rather liked the grey—Mrs. Lowry told me she wanted 14l. for it, and said, "You can nave it a fortnight on trial by paying a deposit"—I said, "Yes"—we did not agree on the deposit that day—she pressed me to come up and let her know one way or the other—I returned to Welling, made a communication to my mistress, and came back two or three days after to Percival Street—I saw Mrs. Lowry and Wicks together in the front-room of 21, Percival Street—she said that was her man and he was very ill; he had been in the infirmary—I told her my mistress had agreed to have the horses—she said, "All right," and I gave her 5l.—I said, "There is 5l. deposit; if the horses suit, within the fortnight I will pay the rest"—she said that if the horses did not suit within the fortnight the deposit was to be returned—when I offered her 5l. she said 3l. would do—I paid a 5l. bank-note; Wicks was present and I brought my brother—he is not here to-day, because he only heard what I heard—she gave me this receipt (produced), and I went over to the stable—the man said nothing till I got to the yard—Mrs. Lowry, myself, and my brother went to Button Street—she said, "I must find the master of the stable, because I owe him a little for stabling"—when she found him he hummed and ha'ed about and said, "You can't take this horse away until you have paid me the 14l. that you owe me"—she said, "What am I to do? I hare got the 5l. the gentleman gave me, and I can give you that, and I dare say if the horse suits he will bring the remainder up in a day or two and you can have that"—he said, "That won't do for me, I cannot afford to keep people's horses here for nothing and get no money for it, if I let it go I shall not get a copper"—I began to speak up and said I wanted my 5l. back—Wicks and the liveryman Smith were there—Mrs. Lowry said, "Oh, yon can't have that back, you must fetch the remainder of the money, and then you can have the horse"—they shoved a cart against the stable and I could not get the horse out—we had a few words and I sent off my brother to fetch my young master—we all had a talk about it—I did not get my 5l. back, and I did not get the horse.
Cross-examined. I did not pay the remainder of the money—she appeared willing to give me the horse on trial if I paid the 5l., it was only when Smith objected any difficulty came in—I have bought horses before in other places—Mrs. Barton has no town address—she was a stranger to Mrs. Lowry—from what I saw of the horse I was well satisfied with it—it was not because she said that she was a laundress retiring from business that I bought the horse, it was because I thought the horse suited me—my mistress gave me 5l., because I said it was a nice cob and would suit her, and she thought it was all right if she was to have it on trial—I have not read advertisements on Ludgate Hill "Alarming sacrifice," "Bankrupt's sale," or notices of gentlemen willing to sacrifice all their goods for less than cost price, to benefit people—I don't believe all I read—I informed the police.
Re-examined. This is the receipt: "Mrs. Barton. Bought of Mrs. Lowry a grey cob for the sum of 14l. 5l. paid deposit, and if not approved of in 14 days the money to be returned in full. Warranted sound and a good worker, and free from all vices. Paid 5l. deposit.—LOUISA LOWRY."
out of the New North Road—as I was getting near the house I saw Wicks on the bridge—he asked me who I was looking for—I said, "About a horse that was advertised"—he said the widow was out to whom the horse belonged, he thought he knew where he could find her, and I accompanied him to New North Road to a shop, I cannot give the number—outside the shop I saw Mrs. Lowry—her name in the advertisement was Mrs. Boyce, and also in the receipt—I believe she did not give her name at that time—I said I had come about the horse, and went with them to 102A, Harlington Street, New North Road—I saw the horse there, and returned with them to the house in a street off the New North road—I said I would purchase it on approval for 18l.—the price was 18l.—they both came with me to the house and into a room on the first floor—Lowry said, "You will buy the horse?"—I said, "I will if it suits"—she drew up this receipt: "Mr. Paviour bought of Mrs. Boyce a horse and harness for 10l. 5l. paid deposit, and if not approved in a month, the purchase money to "be returned in full"—we then all went to the stable again—I went to take the horse away, but a gentle-man said 13l. was due for its keep by Mrs. Lowry, and he should not allow it to leave the stable until he received that amount—he was a dark man—I have seen her every day this week near the Court, I don't see him here—I asked Mrs. Lowry what I was to do—she said, "Can't you pay the rest?"—I said "No"—I asked for the deposit to be returned—she said, "I have not got it, he has got it"—I paid it to her, and I saw her pass something to the dark man in the stable—I said I thought it was nothing better than a swindle, and told them I would call a constable—the man who is not here told me I could do what I liked, and they called a constable who was passing, but he would not interfere—I made a complaint to him, and then proceeded to the police-station, and they would not interfere—I did not get the horse, and have never had the money.
Cross-examined. I saw the inspector at the station, and told him nearly all I have told to-day—the police did not take the horse away from me and bring it down the yard again—I did not strike Mrs. Lowry, nor knock her down—the horse was a good animal, and fair value for the money—some one in the stable harnessed it and brought it out—they thought I was going to pay the balance by advice, and brought it out—this was the same evening, after 7—I am a greengrocer—I deal in Covent Garden, and have a horse and van of my own—I was buying this horse for myself.
GUSTAV TUCK . I live at 72, Coleman Street, and am a fine art publisher—on 15th March I saw an advertisement about a horse, 15 1/2 high, and in consequence went to 38, Southampton Street, Pentonville, a small private house—as I drove up Wicks came to the door, and said "You have come about the advertisement?" I said "Yes, I should like to see the horse"—he said "It is just a few doors off, if you will follow me I will show it to you"—I just saw Mrs. Lowry at the side of the door, she was looking out; I don't think she could hear what passed, she could see us—I went just round the corner, to a stable at a dairy—Wicks said the advertisement would give me every particular—I fetched the advertisement from my brougham, and looked at it again—Wicks said his missus had sold the business and had no further use for the horse—he did not say what the business was; I concluded it was a milk business—
he said it was not worth while putting it in harness, because it could be sent on to my stables, "but," he said, "you had better go round and see the missus about it"—upon that I went back to 38, Southampton Street, and saw Mrs. Lowry—I did not know her name—no name was given in the advertisement—Wicks went with me, and heard everything that passed—she said "I will let you have the horse on trial for a fortnight;" I said I did not require it for a fortnight, if I tried it for an hour it was safe, and I said it could be sent down to our stables in the City, and I could let her know by the next day whether it would suit—she said "I will send it," but afterwards she said "Will you send for it? it will save my man trouble;" I agreed to do so—before I left she said that she should like a small deposit left—I said "What is the idea of a deposit? I am not buying the horse;" she said it was just simply as a guarantee that I meant business—I said "What amount shall I leave you?" she said she would leave it to me—I said "Will 2l. be sufficient?" she said "Perfectly"—I said "I will not leave it, but I will send it with my man when I send for the horse"—I called my man in who drove me, John Barton, and told him in their presence I would give him 2l., which he was to bring, and that he must take the horse away, but not to leave the money without the horse, and I said "Is that right, madam?" she said "Yes"—I left, and afterwards gave my man 2l. with directions to go for the horse—he came back in about half an hour, without the horse, and showed me this receipt—I sent him back a second time—he returned a second time without the horse and without the money, and I went with a constable to the prisoners' house—I there saw both of them, and said "Why did you not send the horse?" Mrs. Lowry said "You never sent the whole money"—I said "I have not bought the horse of you"—she said I had, and she had given my man the receipt—I said "Unless you pay me the money back I will give you both into custody;" Wicks said I had better be careful what I said, or he would have me up for damages—I charged them, the constable took them in custody, and they walked willingly to the station.
Cross-examined. I have been in London about 18 years—I thought it rather strange that Lowry would let me have the horse without knowing who I was—she said my address was sufficient—if I were selling a horse I should not trust a stranger because his address was in the directory—it was a fair-conditioned brown horse.
JOHN BARTON . I am coachman to Mr. Tuck—I went with him and Wicks on 15th March to the stable to see the horse—we returned to 38, Southampton Street, and my master subsequently called me into the house and gave me some instructions in the prisoners' presence—he was to give me 2l., which I was to bring back to the prisoners and receive the horse in exchange—I drove my master home in the brougham, and he gave 2l.—I took it back to 38, Southampton Street, where I saw the two prisoners in a room together—I told them I had brought the money from my master, and that I wanted a receipt for the money and the horse—Lowry gave me this receipt: "Mrs. Lowry. Sold to Mr. Tuck, a horse for the sum of 14l. 2l. paid in deposit. Warranted sound, good worker, and if not approved of in one week the purchase money to be returned in full. Balance to be paid on delivery. 2l. LOUISA LOWRY." After that Lowry asked me what I was waiting for; I said "I am waiting for the horse;" I had a bridle in my hand—she said she could
not let me have the horse for 2l., as she did not know my master no more than he knew her—I went back and told my master they would not let me have the horse, and then I came back to the house and asked them both for the money, and they would not give it me—Lowry told mo it was not the agreement that was made with my master—I told her I was to take the horse to Mr. Phillips in the City to have its legs clipped, and she said I was to go back and fetch my master—I went and brought back my master and a constable, and the prisoners were taken to the station.
Cross-examined. Lowry said that I was not to take the horse away before all the money was paid down; she wasn't particular to a pound.
MARY BURNS . I live at 38, Southampton Street, Pentonville—Lowry lodged with me there; she had the back and front parlours—she carried on no business there—I have seen Wicks there with her—she came to live there in March this year, and stayed until the 15th.
WILLIAM WILLIAMS . I am the owner of some stables and cow-sheds at 10 and 11, Collier Street, near Southampton Street, Pentonville—in February last Mrs. Lowry hired two stalls in my stables—the rent was paid in advance, 4s. 6d. a week—I can't say I saw her there from time to time—I saw Wicks there—no laundry or milk or other business was carried on there.
GUILTY .— Eighteen Months' Hard Labour each .
519. RICHARD YOXHALL (26) PLEADED GUILTY ** to obtaining by false pretences 5l. from Richard Goddard, 5l. from Thomas Onslow, and 8l. from Edward Goodspeed, with intent to defraud.— Eighteen Months' Hard Labour .
MR. JONES LEWIS Prosecuted.
JOHN EDWARD GIBSON . I am a commercial traveller, residing at Chesterfield—on 5th April I was staying at Wheeler's Hotel, Devonshire Square, and: about midnight was walking through Devonshire Street coming home—I was set on by three men who came out of a court in Cavendish Road—I had my watch in my pocket two or three minutes before, as I looked at the time—they came up with a rush and threw me in the road—one of them held me by the shoulders, and one got hold of my legs and held them, and the third got hold of the guard and pulled—I called out "Help, help!" as loudly as I could, and one of them said "Put your hand on his mouth"—they did so, but in doing it they liberated one shoulder, and I caught hold of one of the hands over my mouth and shouted out again "Help, help!"—a policeman came up and succeeded in securing one of the men—I lost my chain and have not seen it since—the watch remained in my pocket broken off at the ring—this bar of the chain is mine, I believe—the value of the chain was 6l.—I cannot identify any one—I could only see the one in a stooping position holding my legs; I did not see his face at all—my face was hurt by my cheeks being pressed against my teeth—I am not suffering from it now.
on duty in Devonshire Square—I heard a faint cry, as if somebody had got a hand half over a person's mouth, and in about a second I heard it again, and I commenced to run as fast as I could; and as soon as I turned corner out of the square into the street I saw the prisoner and two men standing quite still leaning over Gibson, who was on the ground—as soon as they saw me they all ran away—the prisoner was standing at Gibson's feet, and appeared to be holding his feet between his legs—I could not see what the others were doing—I caught hold of the prisoner as I had seen him the plainest—he struggled very much and commenced to bite my thumb—he hurt me; it gathered in two places, and the skin came off—it is quite well now—he said "I was assisting that gentleman; I was pulling the other men away from him"—I called for assistance—the manager of the Devonshire Club came out—I said "I shall want you to help me, Sir"—he said "You hold him there while I go and put my hat on"—the prisoner could have heard that—the manager put his hat on and assisted me to the station with the prisoner—I searched him at the station and found on him sixpence and a shilling—he gave an address, but he was not known there—when he was charged he made the same statement that he was assisting the gentleman and pulling the other men off; and he said at first he did not bite my thumb, but afterwards he said he was very sorry for it—this cross-bar (produced) was brought into the station directly after we arrived by Lewis Barnard, a member of the club—the station is about 200 yards off—there was nobody close by when the struggle took place—Devonshire Square is at the top of Devonshire Street, Bishopsgate Street Without.
Cross-examined. My thumb has the marks on now.
The prisoner in his defence stated that he heard a noise down a turning and saw two or three men in the road; that he was going to pull the men off, not knowing what they were doing, when the constable came up and the other men ran away, and he ran too, and the policeman laid hold of him and he assaulted him.
OLD COURT.—Saturday, May 5th, 1883.
Before Mr. Recorder.
MR. CARTER Prosecuted.
SAMUEL MORTLOCK (Policeman H 357). About 1 o'clock a.m. on April 21 I was on duty in Turner Street, Whitechapel—as I came near the house of Mr. Cotterel in Mount Street a man named Weston jumped out of the window into the street and came running towards me—a man was running a few yards behind him crying "Stop thief"—I ran after Weston and knocked him down with my fist—I took him back to Mr. Cotterel's door—as soon as I got him inside the passage the prisoner rushed at him and said, "I want my mate, you b—s—, let him go"—I said, "I shall not do anything of the kind, keep yourself quiet, go away"—he rushed at Weston and struck me two or three time in the
chest—I got bold of him by the throat and pushed him against the wall and asked him to be quiet—he was very violent, he kicked me on the leg—I put my knee in his body and got him down in the passage and again asked him to be quiet—he was still violent—I struck him two or three times with my stick—I was struggling with him and was nearly exhausted when two constables came and took him into custody—he kicked me in the thumb and took a piece of the skin off—Weston has pleaded guilty to the charge of burglary—I charged the prisoner with attempting to rescue Weston and violently assaulting me—he said to the inspector that he was very sorry and he wished he was not there—I have suffered from the results of the violence.
Cross-examined by the Prisoner. You did not walk into the passage and shake hands with a young man who was with me; I did not see any young man with whom you shook hands—there was a gang of roughs outside the house—I never saw you till you rushed at me in the passage—I did not push you down till after you had tried to strangle me—you were sober.
Prisoner's Defence. I was a little intoxicated. As I was passing I saw a young man I knew, and I went in to shake bands with him. I thought it was a family affair. The constable shoved me back and struck me with his truncheon in the mouth. I bad a bone of my finger put out, which the surgeon dressed. I did not see the man in his custody.
GUILTY .— Four Months' Hard Labour .
The Grand Jury made a presentment in this case in favour of the police-constable, which the Court directed to be forwarded to Scotland Yard.
NEW COURT.—Saturday, May 5th, 1883
Before Mr. Common Serjeant.
MR. STUART WHITE Prosecuted; MR. PURCELL Defended.
ROBERT JOHN PATTERSON . I live at 39, Twyford Street, Caledonian Road, Islington, and am an engine driver on the Great Northern Railway—on the night of 9th April I locked the front parlour door and left the key in, and went to bed about 9.20—the outside door was shut—about 12.15 I heard a click, listened, and thought I heard someone in the house—I got up, opened my bedroom door, and saw a light shining out of the front room into the passage—I pushed the passage door open and went into the room—I saw two men—the prisoner stood with his back towards me; I saw his face afterwards—I said, "What are you up to here?" and I made a grab at the other man—we had a struggle—I was in my night-shirt with nothing on my feet; he trod on my toes and got away from me—they both got away—my bedroom is on the same floor as my sitting-room—the gas was alight in the sitting-room—when I came back I noticed that a writing-desk which had stood on the top cupboard was on the table and broken open—several papers and letters from it were strewn about—an ivory penholder with a gold pen in it were laid on the table, and the tongs were laid on the table—they left their bats and silk scarves behind them—I saw the prisoner's face, he tamed round to me—I gave information to the police, and a few days
afterwards was taken to the police-station at 1 a.m., and picked the prisoner out from six or seven—he was charged—I believe he was a lodger in my house in November or December—I had never seen till till I saw him in my parlour.
Cross-examined. I know now that he lodged at my house—I never saw him there—he was a cabman employed at his work—I will swear he is the man I saw in my parlour—I was positive at the police-court—I said "I think I am quite sure the prisoner is the man"—I am not quite positive about it now—I can't say that I said at the police-court "It is possible I may be wrong as to the identity of the prisoner"—I say it is the man—I am more certain than when I was at the police-court—he gave the name of Flindell, and that is how I knew he was my former lodger—nothing was stolen from my place—they lit the gas—there are five sets of lodgers in the house; they occasionally have friends.
JANE PATTERSON . I am the wife of the last witness—the prisoner lodged at our house in November and December—I gave him a key, afterwards they asked for a second; they did not return the first—they were in the house six or seven weeks—on leaving, Mrs. Flindell gave up one key—I was not at home on this night.
Cross-examined. Mr. Flindell went out to work, and sometimes came home late—I gave his wife a latch-key when they came, and she told me she had given that to her husband to let himself in when he came home late—I had to let her in several times a day, and gave her a second key—afterwards she said "I believe my husband has lost his key"—I don't know after that that she gave him her key, or that I had to open the door for her—I don't know if a skeleton key would open our house—Mrs. Flindell called after this for a letter—I was away—I do not know it was talked about.
THOMAS BERRY (Police Sergeant Y). I arrested the prisoner on April 14, about 12.80 a.m.—I and another officer took hold of him—he said "What are you taking me for?"—I said "At present I don't charge you with anything, but I want you to go to the station with me"—he said "I suppose it is for that job in Twyford Street; but Mr. Patterson cannot say it was me, as he never saw me face to face in his life, and he cannot identify me"—I took him to the station and placed him with five other men, and Mr. Patterson came and picked him out at once.
Cross-examined. I did not put down what he said in writing, I relied on my memory—I can swear to the accuracy of every word—I have given evidence in a great many cases since—I have no note or memorandum of any kind—he did not say to me "The mangling woman told my wife, and my wife told me"—it has been told me since—the prisoner is a licensed cabman—when he moved from Patterson's to Luard Street he changed his address at Scotland Yard in the usual way—he is living at his mother's now—I do not know if that is because times are not good.
NOT GUILTY .
OLD COURT.—Monday, May 7, 1883.
Before Mr. Recorder.
In the course of the opening MR. MATHEWS mentioned that one of the witnesses, POUNCEY, was too ill to attend, and proposed to put in his deposition. MR. BESLEY objected, as the witness was a material one, and ought to be personally examined. The RECORDER (after hearing MR. MATHEWS) acceded to the application, and discharged the Jury; the prisoners being admitted to bail to appear at the next Sessions .
MR. PELLEW Prosecuted; MR. FULTON Defended.
WALTER BOTHELL . I am a hosier's assistant, and now live in Circus Road, St. John's Wood—in or about 1876 I was living at 161, High Street, Shoreditch—I know the prisoner, he had attended me professionally—one evening he asked me to lend him my watch, as he was going to see a patient, and he would let me have it the next day—I let him have it—he did not return it—I saw him some short time after, and he promised to let me have it in a few days—he did not do so—when I lent it him he was living in Kirby Street, Hatton Garden—I afterwards discovered that he had left there—I next saw my watch about a month ago when the prisoner was at the police-court—it was in possession of Mrs. Haigh—this is it (produced).
Cross-examined. The prisoner was assistant to Dr. Mumford, and I lived with Dr. Mumford—I don't know when the prisoner left Dr. Mumford—he left Kirby Street five or six weeks after he had the watch—I saw him several times during that period at his house—I inquired about the watch, and he promised to let me have it—I never suggested during that time that he had stolen it—I was on very friendly terms with him—I had no idea that he was stealing the watch—I did not know anything against him at that time—after he left his lodging I think he went to Ongar, in Essex, to another assistant's post—when he left Kirby Street no one knew where he had gone—I heard afterwards that he was at Ongar, when his wife and family moved to Old Ford—this was seven years ago—there were many cases against him at the time he left Kirby Street, and I became suspicious that he had dealt with my watch in a way he ought not to have done—I wrote to him to say that if he did not return the watch I should put it in the hands of the police, but nothing was done—I went to Old Ford and saw his wife and family—he was not there.
HORACE HAIGH . I am a hosier at 17, Great Turnstile—about six years ago my mother was security for the prisoner for a loan of 10l.—he paid 3l. 10s. of it, and I paid the other—I have seen this watch in my mother's possession—I never saw it in the prisoner's possession.
HANNAH HAIGH . I am a widow, of 17, Great Turnstile—about six or seven years ago the prisoner came to me and asked me to lend him 3l., and he would leave me his father's watch—I let him have the money, and he deposited this watch with me—I have since given it Mr. Bothell.
NOT GUILTY .
526. JOSEPH LAURENCE (40) , Unlawfully obtaining by false pretences 5l. 15s. 6d. from John Rice, 8l., 15s. 9d., from Alfred Redman; 6l., 6s. from George Burns, with intent to defraud. Other Counts for conspiring with Henry Dew and William Bush to defraud.
MR. WOODFALL Prosecuted; MR. BLACKWELL Defended.
JOHN RICE . I am a publican, of 23, Smith Street, Chelsea—just before Christmas the prisoner came and asked me if I would change this cheque (produced) for 5l. 15s. 6d.—it is drawn by Henry Bush in favour of Laurence—I asked him if it was good—he said "Yes," it was one of his lodger's, and he was going away on a job and he wanted some money, and thought he might as well take the cheque—I cashed it, paid it into my bank, and it was returned on January 1st unpaid—I went the same day to Cumberland Street, where he lived, to see if I could find him—he came to me in the evening and said, "I heard you have been to my house"—I said, "Yes, that cheque was returned and I want the money for it"—he said "Dew has gone away and will be away for a fortnight, it will be all right then"—I said I did not think it was, for I believed it was a swindle—he said, "Don't say that, I will give you a billhead of where these people live, that will show you to the contrary;" and he gave me a card—I have not got it now—I gave it to the distillery collector, who said he would find out about it—I went to the address, 7, Duke Street, Adelphi, and saw Laurence and the two men at the table there—I said, "I have come about that cheque"—he said, "Yes, Mr. Dew has gone away, and will not be back for a fortnight; I do not know where to write to him"—when he said that Dew was in the room, and he put on his hat and walked out—Laurence said, "This is Bush, his partner," and Bush said, "This is all right, it is so"—I have not received any money for the cheque.
Cross-examined. I had heard where Laurence lived, I had not been there before—I have known him four or five years the same as other customers—I have never been to race meetings with him—I never had any difficulty with him before—I have cashed other cheques for him and always found them correct—he always appeared a respectable man—when he called he at once told me the firm from whom he had received it, and their address, and I went there next day—I told him I was going to see about it that day, and that is what he went to the office for—he did not tell me when he called on me that he should go to Duke Street the next day to see about it.
JOHN MORGAN . I am a mason, of 11, Hargrave Road, Upper Holloway—Laurence came about 19th January and asked me if I could get this cheque (produced) cashed—I went out with him and got it cashed at the Archway Tavern, Mr. Wash's, who knew us—I gave the money to Laurence—he was present when it was cashed.
Cross-examined. I have known Laurence 16 or 17 years, and all that time bearing the character of a respectable and honest man—if that had not been so, I should not have got the cheque cashed for him—I have had no other money transactions with him.
CATHARINE MARY WASH . My father cashed that cheque in my presence—it was paid into his account at the Holloway Branch of the London and South-Western Bank—I don't recollect the day—I did not pay it in—I saw it on the day it was returned from the bank with this form from the bank appended.
Saturday, 6th January, this cheque, drawn by Henry Dew in favour of Laurence, was presented to me for cash by a girl whom I knew as coming from 10, Cumberland Street, Laurence's house—I gave her the money, 8l. 15s. 9d.—I presented it at my bank on Monday morning, and it was returned marked "Account closed."
Cross-examined. I knew Laurence as a customer—I presumed he was in a good position—I have not made inquiries about him since.
ALBERT GREGORY (Police Sergeant E). I arrested Laurence at 154, Tooley Street, Borough, at 10 p.m. on 30th March—I read the warrant to him—he said, "I know nothing about it"—on the way to the station he said, "I wish he had called on Mr. Rice and settled the matter."
Cross-examined. I don't remember his saying "I have known Mr. Rice and he has known me for many years as a respectable man"—I took no note.
JOHN RICE (Re-examined). When I went to 7, Duke Street, Adelphi, on 2nd January, the names of Messrs. Bush and Dew, transfer agents, were on a board by the side of the door—there was only an office—it was on the second or third floor.
GUILTY .— Four Months' Hard Labour . (For the case of Dew and Bush see Vol. XCVII. p. 701.)
RAND and KING PLEADED GUILTY .
MR. DALTON Prosecuted; MR. ROUSE Defended.
OTTO STEFFEN . I am a clerk of 6, Norcott Road—on Easter Sunday, 25th March, I was away in the country; I started the morning before with my family—I left the house safe and fastened up; the plate and valuables wore removed—I was recalled on the Sunday evening, at 10.30—I found the front door had been tampered with, the lock broken, and in the house the drawers of the cheffonier and the boxes had been forcibly opened, and the contents scattered about the house—this clock and other things (produced) are my property—I found them at the station.
Cross-examined, I left nobody in charge of the house—I am the sole occupant of it—there is a patent latch lock on the front door and bolts on the back door.
EDGAR WRIGHT (Policeman N 488). On the evening of the 25th March, Easter Sunday, I was with McElliston in the Evering Road, and saw the three prisoners—we watched them for between half and three-quarters of an hour—they were within 300 or 400 yards of the prosecutor's—they went up several of the intermediate roads—Evering Road is not exactly a main road; Norcott Road branches out of the Evering Road—I saw them ultimately go and stand at the corner of Norcott Road and turn up the Norcott Road, and I lost sight of them there—thinking they must have got away into some of the houses we kept observation on the road—we saw them come out of the prosecutor's house—we stood beneath a lamp-post; they came straight towards us—this was 7.45—I took Rand in custody—McElliston took King—Williams turned round and looked me in the face, then ran away; I
saw him distinctly; I am perfectly certain he is the man—I took him on 30th April at his lodging,306, compton street—I said that I should take him for being concerned with Rand and King in breaking in to No.6, Norcott Road—he said "Where shall I be taken to?"—I said "Stroke Newington"—he said "you will give me time to get my breakfast and drees properly"—I said "Oh, yes, you can to that"—on the way he said "Do you think I shall get off with two years? As to the think, I slung them"—they have not been found—this jemmy, clock, and keys were found on king.
Cross-examined. I had not seen William till that night—I found him in bed at his lodgings—I took a third constable with me because I was informed he could go along the roof of the lodging-house and down the next steps—I knew the other constable did not know him—William was quite Willing to come—I made a note at the time.
Cross-examined. I helped to arrest him, and went to the station with him.
The prisoner's statement before the magistrate. "I am not guilty. I was not there at all."
MR. DALTON prosecuted.
CAROLINE TRETT . I am the wife of charles Trett, of Liverpool Road, Islinton—I let some rooms to Annie Dale on 4th December—she said she was an actress at the wells—I found out she was not—she several times brought Hopper in to sleep, against my wish; she was there about nine weeks, and left about 5th February—she took the key of the first-floor back and the latch key of the street door with her—about 12.15 p.m. on 24th March, or morning of 25th, I was in the kitchen and heard a key put in the street door—I did not except any one, so I ran upstairs—I saw no one, but I missed two coats, and a jocket, and a long ulster from the door—the door closes very gently—on the next night, Easter Sunday, I saw Hooper in the pied Bull sitting with a former lodger of mine—I took hold of the jacket she had on and examined it, but said nothing—it was my jocket—I went out, gave information to the police, and they took her there and then—Rand was not with her that I am aware of—this(produced) is the key of my outer door—it belongs to my son he had let himself in with it ten minutes before; it was in the pocket of the coat that was stolen.
Hooper in her defence stated that she was living with a man named Mullins, who brought home two overcoats, an ulster, and a jacket, and gave the jacket to her.
GUILTY of receiving . Rand PLEADED GUILTY to a previous conviction in November, 1882; Hooper to one in October, 1882; King to one in November, 1882, in the name of James Smith ; and Williams to one in March, 1883, in the name of Baker . RAND, KING, and WILLIAMS.— Six Months' Hard Labour each . HOOPER— Three Months' Hard Labour .
MR. ROUSE Prosecuted; MESSRS. BLAGKWELL and Hopkins defended Wilkins.
HENRY ZWICK . I am a fitter, of 13, Yelford Street, Whitechapel—on 1st April, about 11.20 p.m., I was at the corner of the Cambridge Road and Mile End Road with my friend Yesburgh—we met the prisoners—Edney came up to me and said I insulted him, chucked me under the chin, which knocked me down, and snatched my watch and chain—I rose and went to catch him—Wilkins caught me by the shoulders, and we both fell together—I ran after Edney, and Wilkins ran after me, and kept giving me the leg, tripping me up, to keep me from catching Edney, who ran into Elizabeth Street and down Cambridge Road—I called out till the police came, and gave him in custody—we had been for a walk down the Bow Road, and come back to the Cambridge Road—it was about a quarter to 11 when we came back to the Mile End Road.
Cross-examined by MR. BLACKWELL. Wilkins kept behind till Edney came up and took the watch and chain—I said before the Magistrate he came up with the other man—we had been to church, and then took a walk down the Mile End Road—it was after the public-houses were closed—we left church at half-past 7—we had one drink.
Cross-examined by Edney. I am sure you are the man who stole my watch and chain—I gave information at the police-court what sort of man you were—I don't know why you were not apprehended on the Monday—we walked to the Bow Road, 2 or 2 1/2 miles from where we were.
WILLIAM YESBURCH . I am a farrier, of 20, Rupert Street, Whitechapel.—on the night of 1st April I was with Zwick—all of a sudden Edney came up and said "You are the man what insulted me," and hit my friend a punch under the chin, and snatched his watch and chain away, and made his escape—as we were running after him Wilkins kept giving him the leg, and threw him down—he was on the ground when his watch was taken from him.
Cross-examined by MR. BLACKWELL. I saw Edney snatch the watch and chain—I did not see them in his hand—it was after Edney struck him he found his watch and chain were gone—Wilkins was close behind then, in front of Zwick—they came up behind us; Edney came up first.
Cross-examined by Edney. I am sure you are the man who stole the watch and chain—I did not give a description of you at the police-station, my friend did—I was not told your description before I saw you at the station—I am certain of you, because I saw you face to face.
WILLIAM FREEMAN (Policeman K 162). On the night of 1st April my Attention was called by a crowd of people, and I heard a cry of "Police"—I saw the two last witnesses detaining Wilkins in custody—they said they wished to give him in charge for being concerned with a man who had escaped in snatching a watch and chain, and I saw Wilkins at the same time trying to get away—I took Wilkins, and told him the charge; he made no reply—I took him to the station, searched him, and found nothing on him.
Cross-examined by MR. BLACKWELL. I saw a crowd there—the two men each had hold of one of Wilkins's arms; he was trying to pull away from them to get his arms free—Wilkins seemed to be sober.
WILLIAM ROLFE (Police Sergeant K). On 3rd April I went to 38, Collingwood Street, Bethnal Green, and found Edney in bed—I told him I was going to take him in custody for being concerned with Wilkins in stealing a watch on Sunday night; he said "I will get up and go"—we went to Bethnal Green Station—I placed him with eight other men, and he was identified by the prosecutor and the other witness—he made no answer to the charge.
Cross-examined by Edney, I did not say on the way to the station "You were concerned in this affair, I know you were," nor did you say "I was not; you want to get something out of me now"—you did not say anything at all—the watch and chain have not been found; I have received information of it, but I am too late.
The Prisoners' Statements before the Magistrate. Edney says: "I am not concerned in this robbery at all, and I know the three men who did it." Wilkins says: "I know nothing about this robbery. I was walking along the Whitechapel Road, and heard a cry of "Stop thief?" and saw people running in Cambridge Heath Road. I was with a female, and ran also. I met a constable, and was given into charge while running with the other people. I was knocked down while running in the Cambridge Heath Road."
Witness for Edney.
JOHANNA MURRAY . I am a domestic servant at Mrs. Rosenthal's, 39, Brushfield Street, Spitalfields—I know Edney by seeing him about Collingwood Street, where my aunt lives—on 1st April I and a friend were coming home, and I saw a row at the corner of the street, and after the row was over, about 11.25, the two prosecutors came past the worse for liquor, and a chap came up and said "Here is one of the b—s we were rowing with," and took his watch and chain—they went down Dog Bow, and Wilkins went after them and gave the prosecutor the leg—it was not Edney who struck the prosecutor, it was a young chap, and the other one with him was not Wilkins.
By MR. HOPKINS I appeared as a witness for Edney at the police-court—I did not say anything there about Wilkins giving the man the leg.
Cross-examined by MR. ROUSE. I had not been with Edney at all that night—I saw him about half an hour after the robbery was done.
WILLIAM GRAHAM . I live at 5, Stevinger Street, Commercial Road, and am a boot riveter—I knew Edney to speak to about five weeks before he was taken—on the Sunday I was in the Collingwood Arms at 2.30 in the afternoon, and at a public-house at the corner of Cambridge Heath Road about 9.30 or 9,45—I went in with Alfred Edney, and stayed there till
about 10.30—then we walked down the Mile End Road towards the Bow Road—coming back about 12 o'clock midnight we stopped at a coffee-stall outside Lusby's Music Hall in the Mile End Road, near the Cambridge Heath Road, to have a cup of coffee—at 11.30 we were together.
Cross-examined. I said in my deposition that I was at the Collingwood till after 9 o'clock, and then I went to the White Hart, at the corner of Cambridge Heath Road—the White Hart closed at 11 o'clock—we walked down Mile End Road into the Bow Road, and on our way back we stopped at this coffee stall about 20 minutes.
ELLIN MCCARTHY . I live at 74, Ulliver Street, Commercial Road—I knew Edney five or six weeks before he was locked up—on this Sunday I was walking with Johanna Murray about 11.5, and saw two young men come past; they spoke to me—I saw the two gentlemen coming along, and the two chaps I knew went up to them, and one hit him on the mouth and took his watch and chain, and they both got away, and as they were going down Cambridge Heath Road Wilkins and some more chaps came up—I saw Edney at 11.50 near a coffee-stall near Lusby's Music Hall—that is not far from where this took place—I saw Wilkins in Cambridge Heath Road—he came up as soon as the robbery was done, and I saw him go down the Cambridge Heath Road after the prosecutor.
By MR. HOPKINS. Wilkins came up about 11.30, with: lot of others—he was in front—he did not come up as if to catch them.
Cross-examined by MR. ROUSE. The crowd was coming from Mile End Road towards Cambridge Heath Road.
GUILTY . EDNEY then PLEADED GUILTY to a conviction of felony in August, 1882.— Eighteen Months' Hard Labour . WILKINS— Nine Months' Hard Labour .
NEW COURT.—Monday, May 7th and
OLD COURT.—Tuesday, May 8th, 1883.
Before Mr. Common Serjeant.
530. SAMUEL CHAMPION (32) , being found by night in the dwelling-house of James Milli, with intent to commit a felony. Second County being found by night with certain housebreaking implements in his possession.
MR. NORTH Prosecuted.
AGNES HAYES . I am the wife of Charles Hayes, of 45, High Street, Bloomsbury—we rent the front shop and the parlour behind, from James Milli, who lives on the first-floor back—we keep a fruit shop—on 24th March, between 10 and 11 o'clock, I heard a creaking of wood, and two voices some time after say "Push"—I listened, and they remained silent—I kept my parlour door open—from the reflection of the gas I saw two men pass downstairs—I ran through the shop, and told my husband at the shop door—he followed them a little distance—the prisoner is one of them—I afterwards picked him out from about a dozen at the station.
Cross-examined by the Prisoner. I stood six stairs below you—there were no lights burning in the passage, but when the door is open the gas shines on to the stairs—I saw you face to face as you came out of the house—I saw no crowbar in the shop—I did not see either of the police
with a crowbar in his hand—the detective spoke to me at the police-court before I gave my evidence—I did not we your face in the house, but at the door coming out.
CHARLES HAYES . Between 10 and 11 p.a. on 24th March I was serving in my shop—my wife called to me, Mid I went out of the shop and saw the prisoner and another man leave the house by the private door—they went up towards the Crown public-house, Oxford Street—I followed them—I did not see a policeman—I put my hand on the prisoner's shoulder; he run away; I pursued him, and saw him stopped by a policeman.
Cross-examined by the Prisoner. I did not see a crowbar in your hand—I followed you about 200 yards—my house is just upon Crown Street.
WILLAM BAKER (Policeman C 68). About 10.30 p.m. on 24th March I saw the prisoner in Crown Street, Bloomsbury, running from the direction of Oxford Street and High Street, Bloomsbury, down Crown Street towards me, with a crowd following—I saw him throw this jemmy (produced) with force against a brick wall—I was within two or three yards of him, and apprehended him.
Cross-examined. I did not pick the crowbar up; I carried it to the police-court—I did not say at the police-court "I shall prove one too many for you"—Detective Partridge did not speak to me there; he did not say that if one of us said we saw you throw it away and the other that he followed you, we should have you—as soon as you saw me you could not get away, and you ran your head into the other constable's stomach and threw him down.
JAMES PARSONS (Policeman C 40). On the night of 24th March I saw the prisoner between 10 and 11 run down Crown Street, from Oxford Street, away from High Street—I followed—he ran into my stomach and knocked me down—I caught him—he did not hurt me very much—I did not see him throw away the jemmy—I did not pick it up.
Cross-examined by the Prisoner. Four constables were with me when I apprehended you—Baker stood with me—I don't know how he saw the jemmy thrown away, and I did not—I found nothing on you to incriminate you on this charge—the address you gave was right—you did not try to escape—the detective did not tell me in the police-court not to make any deposition—I will swear Baker said at the police-court that he saw you throw the crowbar away.
JAMES MILLI . I live at 45, High Street, Bloomsbury, and occupy a bedroom on the first-floor back—I let the ground-floor to Hayes—on Saturday night, 24th March, I went out to my fishmonger's shop, is Drury Lane, about 5.30, and when I went I left my bedroom door locked—near 11 o'clock I was called by Mrs. Hayes, and went back to 45, High Street—I found the door was torn, the lower part of the door-post was split, und bruised in five places—the marks in the wood matched this instrument—you can get into the private part of the house from the shop—the shop is all open—you can get from the shop into the parlour, and from the parlour into the passage, which the private street-door opens into—there is a lever look screwed on the door.
Cross-examined by the Prisoner. I had never seen you before to my knowledge—it was 10.45 when I came back.
The Prisoner's Statement before the Magistrate. "I called with a friend on Saturday night at 45, High Street, to see a friend. We were told he was not at home. It was my friend who was going to call. We came back, and inquired again. While waiting at the door several men ran quick out of the passage, and pushed us as they passed. We followed to Crown Street. I deny all possession of this piece of iron."
The prisoner in his defence stated that he had called to see Mr. Jones.
NOT GUILTY .
531. WILLIAM HAMMOND (29) , Unlawfully conspiring with Thomas Marshall to obtain merchandise value 2,000l. Other Counts, for conspiring to defraud Henry Albert Lovett and others, creditors of Marshall.
MESSRS. BESLEY and TICKELL Prosecuted; MR. J. P. GRAIN Defended.
GEORGE HENRY JACOBS . I am clerk to Mr. Lovett, a solicitor, of 4, King William Street, who acted for Mr. Chittock in the action of Chittock v. Marshall—the writ is dated March 25th, 1882, and the judgment April 24th, 1882, for 165l. 11s. 1d. debt, and 9l. 18s. 10d. costs—Marshall carried on business at 116, Kingsland Road—the balance at first is "To goods 608l. 9s. 2d.;" then there is "By cash 200l., Discount 5l., Balance 444l."—the balance contains a bill for 119l. 2s. 1d., and a cheque of Lodes and Son for 70l.—that judgment was never satisfied—I have got a writ in the action of Lovett v. Martin, dated April 14th, 1882—it is for the balance of bills drawn by Thomas Marshall, accepted by Charles Chaplin, endorsed Thomas Marshall to Chittock, for 88l. 18s. 6d. interest, and dated 8th April, 1882—the judgment is dated May 5th, and there is 6l. 19s. costs—there was a writ of elegit—the officer has it—on 3rd May I went to 106, Kingsland Road—the premises were closed, and I only saw the housekeeper—I went over the premises—there was no stock, simply a trolly in the shop, no stock there or in the warehouse, and only a little office stock at the back part of the place—as I was leaving I saw Marshall get out of a tram car and come towards the premises—I asked where he had removed his stock to—he declined to tell me—I told him I knew of the judgment, and no doubt that was why he had moved it—while speaking to him Hammond got out of another tram car, and I said "Are you the manager of Marshall?"—he said "I am"—I said "Where is the stock gone to, and the things from 116, Kingsland Road?"—he laughed, and refused to tell me—I found out that some of the goods had been taken from there to Middleton Road, and went there on the 16th with a Sheriffs officer, and tried to get possession, and get the goods, but was unable to do so—I got possession after Marshall's trial, and the goods sold for 12l., but the costs were 13l.—I was present in June, when Marshall was convicted at Middlesex Sessions of removing his goods.
Cross-examined. Mr. Lovett was one of the prosecutors in that case, and I believe he is one in this case; Mr. Carder is another—there is a count for defrauding Mr. Peverley; I do not know whether he is Chittick—he is not here—Chittick took the business from Peverley, and carried it on—there is a real Peverley—I do not know him, but I may have seen him—Chittick is not our client now—Mr. Lovett lost money by him—he was our client when we issued this writ—I believe he has absconded—he is a bankrupt, and I believe he is running away from his creditors—I am
almost certain he gave evidence against Marshall, and after that he went away—he never authorised us to put this Count into the indictment, alleging that he had been defrauded—I believe there is a writ out against him from the Bankruptcy Court—he was not called at the police-court—I don't know whether he had absconded then—he became our client through several matters of business—Mr. Lovett discounted an 80l. bill for him, drawn by Marshall, accepted by Mr. Chaplin, and endorsed to Mr. Chittick—this 164l. 17s. 1d. is part of the amount of which I say the prisoner has defrauded Chittick—Marshall did not plead guilty, he was tried and found guilty; his sentence was postponed from one Session to another for two months, that he might make restitution of the proparty; he said that there was sufficient at Middleton Road to satisfy all his creditors—I saw him several times in the House of Correction after his conviction—I did not press him to make a statement against Hammond—I do not think I suggested it, but my documents will speak for themselves—I have Marshall's statement signed in the presence of the prison authorities and taken down from his own lips after his conviction, for the purpose of getting up evidence—I did not press him to make a statement against Hammond to put pressure on Lodes, of Norwich—I did not endeavour to get the money from Lodes which Mr. Lovett had discounted the 82l. bill for—I did not actually serve Marshall with a debtor's summons in bankruptcy; I don't-serve debtor summonses—I did not ask Marshall to allow me to serve it, and let it go by default, it if your own imagination—I did not charge Mr. Lodes at the police-court; Mr. Carder applied for a criminal process against Lodes for conspiring with the prisoner, and he was brought up and evidence given against him and for him, and the Magistrate—dismissed the case, saying that there was not sufficient evidence for a Jury to convict, he could not even find a prima-facis case—Mr. Cooke, Mr. Lodes'a manager or traveller, was called and examined at length—I heard his evidence—it was taken down—I charged Hammond at the police-court with aiding and abetting Marshall in receiving the goods in defeat of judgment—the Magistrate dismissed that charge—I did not then prefer this charge, it was preferred I should say before the Magistrate dismissed the original charge.
Re-examined. I can tell Mr. Grain in detail what Marshall was charged with before he was tried—this is a draft of the indictment and this is Mr. Fulton's brief, who appeared before the Magistrate, by which I see that Marshall was committed for trial on June 7th—I think he was tried on June 21st or 22nd—the trial began about midday and went on till 7 p.m.—I did not then know that Hammond was carrying on Marshall's business—it was on 17th August that I went to the prison and made notes—that was after sentence had been passed on him—he was not recommended to mercy by Mr. Chittick or Mr. Lovett—he had not given up the key and the goods were gone—I did not know that Hammond had got the goods away—he did not tell mo they had gone to Lodes and Son—from the time of his committal till he gave up the key he was in prison and could not give it up—I visited him because Lodes and Son had tried to make Mr. Good bankrupt on some bills of exchange which had been paid to Aden and Son by the prisoner—Mr. Good stated that the goods had been obtained from him by fraud—the interview with the prisoner was for the purpose of getting up the evidence—these are my entries (produced)—I attended again on 18th and 24th August, and I have
Marshall's statement here, which he signed in the prison—I swear that I did not instigate him to make a charge against Hammond.
CHARLES WILLIAM GRIGGS . I am a carman, of 92, Kingsland Road—about 25th April, 1882, the prisoner instructed me to remove some goods from the ground floor at 106, Kingsland Road to Middleton Road, Dalston, about half a mile—I began on 26th April, about 9 a.m., and finished between 5 and 6 p.m.—they consisted of cases of machinery, but I did not see the contents—the prisoner superintended the packing and told me what to take away, and Marshall was at Middleton Road and paid me—I had a one-horse van, and there were three not very heavy loads—I gave evidence against Marshall at the police-court.
Cross-examined. I work for my father, a master carman—Hammond fetched mo—I saw "Marshall" over the door, not "Hammond," and Marshall paid me.
HENRY HOGAN . I am an officer employed by Messrs. Nathan on behalf of the Sheriff of Middlesex—on May 1st, 1882, I went to 106, Kingsland Road, with a writ of elegit to levy on Marshall's goods—it is a shoe factory—it was open, and I saw furniture and fittings there, value 7l. or 8l., which the prisoner said belonged to him—I said "Where is the stock?"—he said "I don't know"—I went over the premises—there was no stock or machinery there—after Marshall's conviction I received a key and went to 4, Middleton Road on 26th June—there were no boots or shoes there—I did not see Hammond till I was at Worship Street in this case—I did not trace any goods—two sewing machines were seized at Middleton Road and some glass and some knives.
Cross-examined. There was some furniture at 106, Kingsland Road, which he said belonged to him—I did not take an inventory of them—Thomas Dargan is one of our possession men—I don't know his writing—he is still employed at Messrs. Nathan's.
HENRY ALBERT LOVETT . I am a solicitor, of King William Street, and have been on the Rolls about 14 years—Mr. Jacobs is my managing clerk—at the end of April or the beginning of May, before Marshall was in custody, Hammond called on me and said, "I am Mr. Lodes, and I wish to settle the matter"—I had then instructed my agent at Norwich to serve a writ on Mr. Lodes, and Hammond said, "l am here, you may as well serve me"—I am sure he said that he was Mr. Lodes—the action went on, judgment was signed, and we put in an execution, and then an action arose for trespass, which we compromised—I did not know that he was not Mr. Lodes—I was present at part of Marshall's trial—I don't think Mr. Chittick gave evidence, I think he had left the country—he had given evidence before the Magistrate—I got 8l. or 9l. on my own claim, for two machines, which the Sheriff took, but the expenses ate the whole of it up, and my judgment is unsatisfied still—I did not know till Marshall stated it that Hammond was the owner of the business and his master—I went to the premises before the first judgment of 24th April, and Marshall was there—I saw stock and machinery there, and they appeared to be doing a very large business—the value of the property was not mentioned, but I should say it was about 200l. independently of the machinery—Chittick ceased to be my client at the latter end of May—I had no interest in his judgment debt; I had not bought it—not a halfpenny was recovered—I think my costs were taxed at 9l., and that was not all profit—I don't think Chittick got an allowance as a witness at the Middlesex Sessions.
Cross-examined. Chittick owes me a large amount, and if I had recovered anything against Marshall I should hare taken good care that Chittick did not have a penny—I lent him a lot of money—he served the writ himself—I don't know the writing—I cashed the 82l. 5s. bill—Chittick never gave me instructions to prefer any charge against the prisoner, I have done so without his authority—what the prisoner said was, "I have come up from Norwich this morning in reference to an action"—I said, "I have instructed my agent at Norwich, and it will save a deal of trouble and expense if you take the copy writ now"—he said, "That is what I am here for"—I swear most distinctly that he said, "I am Mr. Lodes"—no one was present, it was in my private room—he did not say, "I have come up from Norwich about an action which you have against Mr. Lodes"—I made an entry; it was not "Mr. Lodes, of Norwich, called, and I asked him to accept service, 6s. 8d. or 13s. 4d.," but it would mean that—I paid everything—I did not cause Mr. Lodes to be brought up at Worship Street Police-court and charge him with conspiring with the prisoner to defraud, but one of the creditors did; I think it was a creditor in Godliman Street—the matter was carried out by Mr. Jacobs, my clerk—Mr. Loder was discharged because they had not the means to produce the witnesses from Norwich—I applied to the Public Prosecutor, but he did not take it up—I cannot tell you who or where Peverley is, but he is something in connection with Chittick—I saw Marshall in prison—I was a prosecutor then, and so was Chittick—Chittick was not called at the Middlesex Sessions while I was there, but I was not there the whole time—it was not to all intents and purposes my prosecution, it was Chittick's—his was the first judgment, for 168l. odd—if I should have benefited by it that don't matter, as I did not have the money.
Re-examined, The bill upon which I sued did not fall due till April, and eleven days before that Chittick gave me instructions to proceed on the claim he had, and if there was any money I should not have paid it ever till my claim was satisfied—I did not see Hammond after he had personated Lodes.
WILLIAM AYRES . I live at 184, Kingsland Road, and am manager at a boot and shoe manufactory—about 18 months ago I worked for Mr. Peverley, a leather dresser, and while there I met Hammond at a sale room in the City—he told me he was going to start a business in London—he did not say what—I understood that he came from Norwich—he did not say why he left there—about 12 months ago he took me to look at a place in Kingsland Road—I don't know the number—I went there about twice—Marshall's name was over the door, but I did not see him—Hammond asked me if I could give him names or introduce him to people who would supply him with material, as he was going to start as a boot and shoe manufacturer—I told him the house where I was selling the material, and the matter ended there—when I first went to Kingsland Road the carpenters were at work fitting it up—Hammond did not speak to me in reference to Marshall, or say who he was—I saw Marshall on the premises afterwards, but did not speak to Hammond about him.
Cross-examined. My name is William Robert Ayres, but I very seldom use my middle name—I was examined in that name in this Court about November, 1879, in the case of Lordan, Mannion, Watson, and Summers—(See Vol. XCI. page 11)—I had a top floor in Worship Street, above the floor where Lordan and Mannion carried on business—I had to file my petition—there is such a person as Peverley—I only know him as a feather dresser—I don't know where he is—I left him before he went, and before his business stopped—his place of business was in Ormside Street, Old Kent Road—the Rising Sun is at the corner of the street—I don't know that he went away, but the business is not being carried on now—Chittick is an auctioneer—I don't know that Marshall paid 320l. in hard cash—I understood that Peverley was acting as Chittick's servant—I cannot say whether Peverley or Chittick ever paid for a single piece of goods they had on the premises—I knew both men, but I did not understand their business—my department was more in the boot line than leather—I saw Marshall once at Kingsland Road, and sold him some boots—that was after I had left Peverley—I was not a witness on Marshall's trial—Mr. Jacobs came to me to tell him something about Peverley's business; beyond that I don't know what he did want, and I forgot all about it till I was supoenaed to attend at the police-court some time after.
Re-examined. I wanted to buy some machines that were seized by the Sheriff—that was the first time I came in contact with Jacobs—I did not Voluntarily suggest that I could give information about Hammond—this paper is my writing—it was prepared by Jacobs from my information—I was asked questions and answered them—when I first saw Hammond I was introduced to him by a Norwich man in a sale room—we had some beer together, and Hammond said that he thought the London people were fools, and did not know how to carry out a rogueing or a swindling business—there were others with me—I said, "It is a curious thing to say; what are your ideas about carrying on a business?"—he said he thought you ought to have a place in London and a place somewhere else—I warned Peverley two or three times against sending goods to 106, Kingsland Road—I know nothing against Peverley—I know of no charge being made against him—I last saw Chittick 18 months ago—I know nothing of his affairs.
By MR. GRAIN. Two other persons were present—I gave the names to the gentleman—when he gave the statement Hammond said, "The London people don't know how to carry out a swindle," or as. good as that—I swear he used the word swindle—Mr. Woolwich was present—he lives out London Fields way—I gave his name to Jacobs—my old father was present—I think he is at home at Mentmore Terrace, London Fields—I was his manager once, but we quarrelled—I don't know whether he was prosecuted, but he was never punished—we were with Lordan, Mannion, and Summers—Hammond told me that he was going to take a place in London.
THOMAS MARSHALL . I am 23 years old—I served my apprenticeship to Mr. Taylor, of Norwich, a carpenter and builder—I first spoke to Hammond when I was living in Norwich in 1881, through knowing his wife and family—I got out of my cart—I was out of employment and he asked me if I would come to London and allow him to trade in my name, and it would be a good job for me, for I should have 5l. a week and
should be a man in the world in two years—I had no knowledge of the boot or leather trade, I was glad of the offer and accepted it—that was three or four months before Christmas, and just before Christmas he sent for me to go to London—I went to 41, Hunting don Street, and saw Hammond—he said he was going to take a place of business and he should have to put up my name, as he was an undercharged bankrupt, and shy should he starve—I slept there that night, and for a month Ragan was living there—I went to 106, Kingsland Road, a month before Christmas,1881—Hammond took me there; there was no name up—I went again in a week and there was no name up—there were about 500 pairs of boots on the premises—I had nothing to do with buying them—there were no machines there—I lived there and my name was up—Hammond bought the furniture from Mr. Good—Hammond slept there—Mr. How was employed there, and the man who worked the press and five or six lasters and heelers—I had nothing to do with employing them—I did not know them before—How only, was employed before Christmas—boots and shoes were manufactured by them—it was all done in my name—he opened a banking account in my name, and I signed the cheques—the goods were sent to Lodes and Son, of Norwich, and others to Davis's sale rooms—I believe this cheque (produced) is in Hammond's writing, it bears my signature—I signed any cheques he put before me—I supplied no money—I had nothing to do with buying goods of chittick or Peverley and Co.—invoices came from them—Hammond's purchases of Peverley and Co. were sometimes 200l. a month—it began soon after Christmas and went on till 26th April—the goods were removed to Maidstone Buildings—Peverley's goods went to Lodes and Son—at the time of the removal Hammond told me he owed Peverley about 550l. which he was going to pay—I knew of the writ issued against me by Chittick—an immense lot of goods were obtained besides those mentioned in the writ, about another 500l. worth—1,000l. worth went to Lodes and Son—I had nothing to do with ordering goods of Carder, but the business owed him about 80l. for goods—Hammond went to Norwich from time to time, he did not tell me why—about 250l. worth of goods came from Egan, and about 100l. was paid to him out of my banking account—Hammond put the cheque before me to sign and the goods went to Norwich—there is a Mr. Copeman at Norwich, but I do not know who he is—about 150l. worth of goods was obtained from Blackham; some cash was paid to him, and I signed some cheques besides—Hammond had all the cheques when they came back from the bank—it was two months after I went to reside 106, Kingsland Road, that any books were in use, and then only this one (produced)—it is in Hammond's writing—the place was not opened till after Christmas, and there were only How's wages to pay—my wages were sometimes 1l. and sometimes 30s. a week—Hammond paid me—Hammond sometimes went by the name of Peters, and Peters is down for 2l. a week wages—the man who worked the machine had 2l. a week—Hammond had several other books on the premises, but this is the only one he wrote in—he kept the banker's pass-book—he showed me what he said was the lease of 106, Kingsland Road, and said that he had taken it for 21 years, and he would let me have it when the business was established,
and go and take a bigger one—I did not look at because I can't read much and am not a good penman—this signature is a very fair specimen of my writing—on 24th and 25th April there was 500l. worth of stock on the premises—after he got Mr Chittick's writ, on 28th March, Hammond told me he was going to move to Middleton Road, to do a larger business—everything in the shape of skins and machinery was taken to Middleton Road; the machinery was taken to pieces—I went there after the removal, and saw about 500l. worth of stock there—I had nothing to do with buying Mr. Mulholland's goods, Hammond bought them just after the removal, and they were delivered at 4, Middleton Road, and 100l. was paid to Mulholland—the actual cost was 200l. odd—the goods were all sent down to Lodes—Mr. Tanner, a solicitor, drew up an agreement to make it appear that I was the master and Hammond the man—I saw it at the police-court, and was cross-examined about it; the person who produced it to me had it back again—I gave up the key of 4, Middleton Road before my conviction—Mr. Chittick was examined on my trial, and the Jury brought me in guilty—beyond receiving the small sums which Hammond allowed me I nave derived no benefit from the business, only six months' imprisonment.
Cross-examined. I had a solicitor and Counsel—I did not tell them that I had nothing to do with the removal, or say a word about the story I have told to-day—the prisoner incriminated me so by the agreement he drew up for me to be master and he manager, that he said he should have me for perjury—he said that by the agreement he was nothing more nor less than manager—he has said lots of things worse than that—I did not when in prison instruct Mr. Chamberlain, my solicitor, to claim all books, papers, and documents, as they were mine—Mr. Lovett did not come to see me in prison, but his clerk did, two months after I was convicted—I had six months' imprisonment—my sentence hung over for two months because the Judge did not like to punish me—he said that if I would let the Sheriffs officer go on the premises, he would let me go out on my own account, or something similar to that—I did not do that because I was silly to myself; I felt afraid—I did not wish to stand by the side of such a man as him—Mr. Jacobs did not ask me to make a statement about Hammond, or promise to do something for me if I made a statement against him; he did not say that if I did so he would instruct hip Counsel to urge the Judge to let me out on my own recognisances; there is no truth in it—he did not offer to file my. petition for me—I gave him a written statement that I knew nothing about the bills, but I never said a word about what I have said to-day—Mr. Chaplin is a boot and shoe maker of Norwich—there were dealings with him at Kingsland Road—I am not aware whether he made any payments—I never was at the shop—he was called against me—he is not here—I don't know that he is an absconding bankrupt with a warrant out against him—I know no more than you do of the value of leather, but when Hammond was taking stock of the goods at Kingsland Road before the removal, he said that there was about 500l. worth—that was before the writ was served—I did not help to pack the goods—I have seen Egan; I have not seen him here—I know Mr. Mulholland—we had six or seven workpeople with How employed on the place every week—I have been to Norwich, but not to Lodes's—I never had more than 30s. a week, sometimes not that—I never had 5l. at a time, nor 3l.
Re-examined. Hammond said that he should get the people to swear that I signed the document in someone's presence—when he told me he was Ming to file his petition he said that I was to file a proof for 650l.—a ft" of my goods had gone to Chaplin—the stock-taking was before the writ business had gone on, some weeks before that—he never gave me this 5l. which is pat down on June 11th, or this 5l. in January, or this 5l. again every week.
JOHN BIGRULD GOOD . I am now working for my father, a pawnbroker—prior to July, 1882, I was a furniture dealer at 173, Hoxton Road—about November, 1881, Hammond came to me with Marshall—Hammond said that he was Mr. Hammond, of Norwich, and had taken a lease of 106, Kingsland Road, and was going to start Marshall in business there as a boot and shoe maker, and he required furniture for household purposes for which he, Hammond, would be responsible—he' showed me one or two documents, and a letter from his solicitor respecting the house, and chose bedsteads and bedding, value 6l. or 7l.—he paid me 2l. and I delivered the goods; while the order was being executed he chose office furniture, value 27l., which was delivered at Kingsland Road—he paid me and asked me to make out the bill for a suite and a carpet which I delivered at 106, Kingsland Road, in the name of E. Field and Co., of Norwich—in February or March, 1882, he said, "I can help you to do a great deal better than you are doing now, if you were to start as an auctioneer I could supply you with goods"—I said, "I have not enough money to do so"—he said, "I can draw bills on you and you can get them discounted"—I objected, but said I liked the idea of being an auctioneer—he got me to sign a four months' bill for 98l.; he wrote the body of it; I accepted it—he took it-to Norwich, there was then no drawer's name to it—he brought it back torn in half and said he had met with a mishap—he asked me to accept another for the same amount, which I did—I kept on asking him where it was, and he said he had given it to Chittick to discount—there was another four months' bill for 84l., which came due on 21st July—he could not get Chittick to discount it, and he said he was going to take it down to Lodes to discount, and I was to put the money into the bank and buy furniture with it, which he had the means of getting rid of at Norwich, as he knew the Mayor there, who was an auctioneer, and if I sent the goods there for sale he would bring me the money and we could turn it over again the following week, but I never got a farthing—the office furniture which I supplied first was paid for, but in April Hammond called with Mannion and ordered some furniture to be sent to Mr. Egan, to whom I sent about 26l. worth—Hammond said he would be responsible for it, that he owed money to Egan, but he thought he would give me a chance, and he would pay me, and it would go off Egan's account—I have been paid 5l. on account—Hammond owes me 20l. now besides the bills—were was 6l. worth of household furniture which he sent Marshall to buy—I suppose that was for Marshall's benefit—he said that Marshall was going to bring his wife to London, but the goods were delivered at Bishopsgate Street, and Hammond met them there and took them to Norwich—this (produced) is the debtor's summons served on me in respect of the bills in Mr. Lodes's possession—I never saw Hammond again till I saw him in Norwich County Court, in February this year—I was subpoenaed there in an action against the Daylight newspaper
—when I parted with my goods he never mentioned that he was an uncertificated bankrupt, and he concealed from me that he had been tried at Norwich and Ipswich.
Cross-examined. I have been told that he stood his trial twice, and was acquitted—I have not paid any of these bills—I was sued on them, and had to pay Mr. Lovett to defend me, and the debtor summons was dismissed—I received a bill for 33l. from Hammond—he drew it, and Marshall accepted it—I paid it away to a creditor, and had to pay it—I received another bill for 45l., which he asked me to take to the County Bank and get discounted, but they refused, and I gave it back to him—I did not go into these details at the police-court; I was not asked—I have not seen Egan here.
Re-examined. I had to pay 51l. for my defence in a summons in bankruptcy brought against me by Lodes; it was dismissed—that does not include the loss I made by the bill that I had to take up—I did not know Mr. Lovett before Marshall was tried—I had no idea there was such a man, but I afterwards dug him up.
JOSEPH HOW . I am a clicker, of 100, Hackney Road—in November, 1881, Hammond came to my house, and said he was going to start a business in London as a boot and shoe manufacturer—he said that lie came from Norwich—he asked if I would come and work for him—I agreed, and went into his employ at 106, Kingsland Road, the next week—I was to have 30*. a week the first three months, and then 35s.—I went with Hammond just before Christmas to Liverpool Street station to meet Marshall, who was coming from Norwich—he said that he was going to trade in Marshall's name, as they had made him a bankrupt—he introduced me to Marshall—just after Christmas Marshall's name was put up—I was there four or five months—Hammond paid my wages—I saw no books there till just before I left, which was in March or April—they were three new books—I do not know what was put is them—Hammond kept them—I know his writing well; this wages book is in his writing—Hammond went by the names of Peters, and Field, to some people who called—there was no other Peters or Field receiving 2l. a week—the value of the goods which came while I was there was, I should say, 2,000l. or 8,000l.—they were all sent to Lodes, of Norwich, except some portion which I cut up, value 10l. or 15l. a week—Hammond sold a few to Mr. Davis, of Camomile Street, an auctioneer—the 2,000l. or 3,000l. worth came from Peverley, 300/. or 400/. worth from Egan, 70l. or 80l. worth from Blackman, and I do not know how much from Carder—a large quantity of goods came within two or three days of 26th April—nearly 100l. was obtained from Egan in the fortnight before the removal to Middleton Road, and Blackman's goods also—I was not present at the removal—the goods sent to Lodes did not fetch cost price—this document is in Hammond's writing, and this memorandum in Messrs. Lodes's clerk or manager's writing. (This gave the sales of different lots, making a total of 95l. 8s. 6d.) Some of the goods which cost 27s. were sold for 20s., some which cost 4s. 3d. at 3s. 3d., some which cost 16s. for 11s. 6d.—some of them came from Doggett's, in Bermondsey, and some from Peverley—I went to Middleton Road once and; saw about 200l. worth of boots there which came from Mulholland at the end of April or May—I saw them packed in a van to go to Lodes—there were on the premises two cutting presses, a sole-sewing machine, and a
channelling machine, value altogether about 120l.—I never saw Mr. Lodes in London; I have seen Mr. Cook, his representative—I only saw one order come from Lodes before the goods were sent—the goods sent to Lodes did not all come to the warehouse; a great quantity were sent direct from Bermondsey—I saw no entries by Hammond of sales in the books—until he bought the books in March I saw no books on the premises, and all the books he bought he took away—Marshall went occasionally to buy, and he assisted me a little in cutting—Hammond always paid the wages when he was there—I have never been to Norwich.
Cross-examined. I last saw this book about a week before I left—I took it away for my own protection, because I thought mischief was coming; I thought I should be charged with some criminal offence—being a servant, I went away and took with me my master's book—there were no other books or papers to be seen when I left, as Hammond took them—I thought tills book would protect me, because it is all false, and it shows that he was doing wrong—I did not receive all the wages stated there—the whole of the wages booked to November 11 is false from beginning to end—my name is down for 2l., and "Peter 2l., Green 2l., travelling expenses 2l. 17s., boy 7s.," and we had none; "Pressman 1l. 10s.," and we had no press; "Material 5l., Hammond 2l.," and so forth—no business was being done on November 11—I began to take wages the first week I was there, as Boon as there was leather to cut up—that was the end of November or the beginning of December—I say that November 11 is incorrect because we had no boy and no press—I was there, and was engaged in fitting up the place—this book was made up about; about a fortnight before I left; it was not in the place before—it is in Hammond's writing, but it was not written on the dates which appear here, but in March, 1882—I do not think he kept a memorandum of the wages he paid, and he could not make this book up from memory unless he had a false memory—I have been in the neighbourhood of Hackney Road 12 or 14 years—I have been in business for myself, and have worked for Mr. Garden and Mr. Good—besides Mr. Garden, I do not think there is a single merchant here complaining that Hammond had goods and did not pay for them—I introduced Marshall to Garden, and he purchased goods of Garden by Hammond's instructions—Hammond was in the warehouse—Doggett was paid, but the cheque went back first—goods were also obtained from Hutchinson, of Bristol; he is not here—Hammond bought goods by auction, but the auctioneer had 2,000 pairs of boots as security, which came from Norwich when he was bankrupt—I fetched them from Nicholls's sale-room in London myself—I know nothing of Manyon—this piece of paper was on the desk whole, but I kept it in my pocket till it got worn, that is why it is patched up with postage-stamp paper—I gave it to Mr. Lovett—I gave him all the documents I found, because I thought they intended to prosecute Hammond—I was at Marshall's trial, but I had nothing to do with it—this paper was not in Mr. Lovett's possession then; I do not know whether it was in mine—Lovett gave me nothing for it—I recognise each item of goods, and know where they came from—six hands, including myself, began work about January—only one parcel went from the warehouse directed to Chaplin, but whether they were consigned to Norwich and then shifted again I don't know—Chaplin lives at Norwich.
Re-examined. The value of the parcel which went to Chaplin was 60l. or 70l.—all the rest went to Lodes—Green came a fortnight before Christmas—I saw him paid his wages, 2l. a week—I never had 2l.—the pressman came after Christmas, so every item of "Pressman "before Christmas is false—I gave evidence in Good's case on a bill of exchange—I told Mr. Good not to pay—I did not give information as to Hammond's conduct till the proceedings were taken against Good.
ROBERT MULHOLLAND . I am a, bootmaker, of Marlborough Terrace, Upper Holloway—I saw Hammond on 29th April, 1882—he said that he was managing for Mr. Marshall, a boot and shoe manufacturer, of Kingsland Road, who had just opened larger premises in Maidstone Buildings—I offered him about 839 pairs at 6s. 3d. a pair, half cash down and half on a two months' bill—I let the goods go, on his paying 150l. in notes and he gave me two bills, which were dishonoured—I saw him two or three times afterwards, and later on in Norwich, when he was bringing an action, but had no conversation with him about the bills—the goods were worth the money at which I sold them.
Cross-examined. I keep a retail boot shop—I had taken these boots as security—they were my brother's stock—he was in partnership with a person who failed, and I removed them and wanted to get rid of them—some traveller in the trade called and introduced me to Hammond—I paid my brother's creditors 10s. in the pound—I had to meet nearly 400l.—I gut about 25l. out of 40l. book debts—I put about 100l. worth of the stock into my stock, and I got 150l. in bank notes from Hammond—I was first asked to come here last night; Marshall and a friend of his came and asked me—I did not receive a subpoena—I have had several letters from Mr. Lovett to appear as a witness, but I did not—this being the last day of the trial, I thought it would not take a great deal of time—it is only on great pressure I have come to-day.
Re-examined. I was at the police-court two or three hours, and then I left—the time and money I have lost is a serious loss to me—I have lost about 50l. by the compounding my brother's affairs, treating these bills as cash payments.
THOMAS MARSHALL (Re-examined). Hammond wrote these bills and I signed them—I had nothing to do with Mr. Mulholland's goods, but Hammond put this receipt before me and I signed it—he filled it up—the whole of Mulholland's goods went to Loder and Son—this cheque is Hammond's writing, the signature is mine.
THOMAS CARDER . I am a warehouseman, late of 44, Bridge Street, Cheapside—I first saw Hammond there on December, 9th, 1881—he said that ho was purchasing goods on behalf of Marshall, of 106, Kingsland Road—I believed that, and supplied some cashmeres, lastings, and interlinings, on which between 70l. and 80l. is still due to me—he said that he wanted to send them into the country—I knew Hammond as the managing man, not as the principal—I did not know that he had been bankrupt—I knew perfectly well that Marshall knew nothing whatever, and trusted implicitly in Hammond as to the whole of the business transactions—I received this cheque. (Sworn to by Mar shall)—I believed there was a legitimate business being carried on—I believe I received notice of the change of address from Kingsland Road, but I cannot say.
Cross-examined. I knew when I parted with the goods that Marshall placed implicit confidence in Hammond—I was not a party to prosecuting Marshall or a witness against him—I believe he is more sinned against than
sinning, and that is why I gave evidence in his favour and gave a reference—the first and second transactions were paid for, and there was a returned cheque for 23l. 1s.—I did not let them have goods after that.
By MR. BESLEY. For the goods I delivered after February, amounting to 73l. 1s. 6d., he did not pay 1s.—from February 25th to April 21st no goods were paid for—I gave a reference because they paid me so regularly up to a certain time—I thought they were respectable, but it ends in my losing 77l.
EDWIN BULLER . I am Chief Clerk to the Registrar of the Bankruptcy Court; Norwich—I produce the file of proceedings in Hammond's bankruptcy On 28th November, 1881, on the petition of a creditor—the adjudication is dated 21st December, 1881—a trustee was appointed, and it is not yet closed.
EDWIN TALLEN (Detective G). I went to Norwich with a warrant and found the prisoner in custody of the police on 24th February, 1883—I read the warrant to him—it is for "unlawfully assisting Thomas Marshall in removing certain goods from 106, Kingsland Road"—he said he was innocent of the charge—he was brought to town—several examinations took place before Mr. Bushby, who committed him on other charges.
Cross-examined. I telegraphed to the Norwich Police—he was detained at the instigation of the authorities of Scotland Yard.
GUILTY **.— Nine Months' Hard Labour .
Before Mr. Recorder.
MR. A. METCALFE Prosecuted.
ALFRED JOHN JACKSON . I live at 2, Melville Road, Walthamstow—on 24th April I went to town, leaving the house untenanted, and a child's money-box containing about 12s. in the kitchen drawer—I came home about 7 p.m., and found the kitchen window open and the catch broken—it had not been open for a week—I missed the money box and money—I went to Roberts's oil shop, where the prisoner is shop boy—I saw him there, and said "My kitchen window has been broken open, and a child's money box stolen from the dresser; do you know anything about it?"—he said "No, 8ir, I do not"—I called in a policeman who was passing, and told him the case—he went with me to the house, and afterwards, from what I heard from Mrs. Bullett, I gave the prisoner in charge.
ANNIE BULLETT . I am the wife of Charles Bullett, of 3, Melville Street, Walthamstow—on 24th April, about 5 or 5.30, I went to my back bedroom window, which looks out upon Mr. Jackson's house, and saw the prisoner on his knees at Mr. Jackson's kitchen window sill—the window
was open—he entered the kitchen and was there for a minute, and came back through the window with a small box in his hand—he then stood for a minute, took up two small parcels off the window sill, and went down the side entrance, opened the side door, and got into Mr. Roberts's cart (with his name on it), which was opposite Mr. Jackson's door, and drove away—I did not know the prisoner before, but I am sure he is the lad.
FRANCIS MARKHAM (Policeman N 594). I received information, went with Mr. Jackson to his house, and found the kitchen window forced open and the catch recently broken—I received information from Mrs. Bullett, went to Mr. Roberts's shop, and took the prisoner—I told him the charge—he made no reply.
The Prisoner's Statement before the Magistrate. "I am not guilty. I never was near the place. Nothing has been seen of the box."
Prisoner's Defence. Mrs. Bullett knows me by going to the house with a horse and cart. It is not likely I should drive up to the house with a horse and cart, and break into the house by daylight. Nothing was found on me.
GUILTY. Recommended to mercy on account of his youth.— Four Months' Hard Labour .
MESSRS. GRAIN and TICKELL Prosecuted.
CHRISTIAN WILLCOX . I am a police-officer employed at the Royal Albert Docks—on April 3, at 10 p.m., I saw the prisoner coming from No. 21 shed, putting something into his shirt; he then threw away a paper—I stopped him, and said "What have you there? I want to know," putting my hand in front of his waistcoat—he said "All right, what's your name? I know you; let go"—I said "I shall not until you satisfy me as to what you have in your possession"—he threw me down; we struggled, and I got up and pulled him up—I said "It will be better for you to walk to the station quietly"—he said "All right," but he threw me down again, and began throwing these knives away—I called out and got help—on the way to the station he said "You shall never take another man, when I come out I will do for you"—at the station he put these knives (produced) into a bucket of water—I took them out and asked him where he got them—he said "You shall never take another man when I come out of prison"—this is the paper which he threw away (This was marked 1302, and was the wrapper of a packet of knives manufactured by Milton Brothers, of Sheffield.)
Cross-examined by the Prisoner. I told you I was a policeman—you did not say "If you are an officer I will go with you quietly."
GEORGE JONES . I am a fireman in the Royal Albert Docks—I saw the prisoner on the ground, struggling with Wilcox, who called for help—the prisoner threw something white away—I went back to the spot and found these 11 white-handled knives—I helped to take the prisoner to the station; he said "When I get out you don't take another man, I will do for you."
WILLIAM GUEST . I am manager of the spring knife department of Messrs. Milton Brothers, Sheffield—these knives are made by them and sent to Messrs. Baily, of Upper Thames Street, the agents for Messrs. Hardwick, who had bought them—302 is our number for this particular knife—this was a two-dozen packet.
The Prisoner. The paper I heaved the knives away in was not like that.
The Prisoner's Statement before the Magistrate. "I plead guilty."
Prisoners Defence. I am guilty of having the knives on me, but I picked them up coming from No. 21 Shed, I did not thieve them. I should like Mr. Sussex to be called.
GEORGE SUSSEX . I am manager for the brokers of the Steam Navigation Company—I have known you many years—I have never caught you before, out the firm has been robbed to a great extent, amounting last year to 11,000l.—you were employed in loading vessels.
GUILTY .— Eighteen Months' Hard Labour .
Before Mr. Common Serjeant.
535. ROBERT DAVIS (21) and MATTHEW DAVIS (27) , Burglary in the dwelling-house of Arthur Dorman Deane, and stealing three coats, two tablecloths, three table-napkins, and a cruet-stand, his property. Second Count, receiving.
MR. BROUN Prosecuted; MR. PURCELL Defended.
ELLIN GOULDEN . I am a servant in Dr. Deane's employment—on the morning after the burglary I came down about 10 minutes to 7, and the door was wide open, the cheffonier drawers in the dining-room were wide open, and a coat which did not belong to the house, was lying in the surgery—I spoke to Dr. Deane's sister, and shortly after my master came down.
Cross-examined. I was not at the police-court—I was asked yesterday to come here, and told that they wanted to know all about the coat—I had not forgotten all about it—I found the coat in the surgery where Dr. Deane sees his patients—I did not touch it; I left it where it was.
By the COURT. I went to bed at 10—I shut and fastened all the windows and pulled down the blinds—the doctor looked the doors—he told me last night to come here to-day.
ARTHUR DORMAN DEANE , M.D. I live at 10, Sylvester Terrace, Walthamstow—on the morning of 11th April my sister called my attention, and I went downstairs, and noticed two drawers and a sideboard open in the surgery—a coat which I had not seen before was lying on the floor—I retired to rest at 1 o'clock on that morning, and bolted the front door; when I came down it was wide open—I saw some footmarks on the gravel path, and one footmark on the border in the front garden—I identify this cruet-stand (produced); I saw it the day before, I think—these napkins and coat (produced) are mine—I last saw the coat the night before it went away, I think—it was with some things behind the door; they were not there the next morning—it was an old coat, and had been hanging there for some time—I missed two other coats.
Cross-examined. Somebody had come down before me—I was examined three times before the Magistrate, and said nothing about the coat; I was not asked about it—my case was not conducted by a solicitor—one has been engaged for me now; I have not engaged him—I do not know
his name—I first saw him when I came up to these Sessions—he is quite a stranger to me; he spoke to me outside—I don't know when I last saw the cruet-stand.
Cross-examined. I have not seen any other cruet-stand but this—I have cleaned it every week, usually on Wednesday, and put it on the sideboard—there are no other servants besides myself; there are other napkins; they would be in a drawer.
Re-examined. All Dr. Deane's napkins have his mark on—it is my custom to take them out as they are required; after the robbery I missed them.
CHARLES HAWKINS (Police Sergeant NR 2). I examined Dr. Deane's house on the afternoon of 11th April—I saw several footmarks on the gravel path round the house, and on a flower-bed outside the drawing-room window—there were marks on the inside of the drawing-room window as if some thin instrument had been passed between the sashes—this coat (produced) was shown to me—Robert Davis saw it at the police-court; I was there—he said "It is my coat, it was given to me by my father"—in the pocket of it was an old table-knife and a pipe since identified by Dr. Deane.
Cross-examined. It was 1.15 p.m. before I went to the house—I am Dot aware that any one from the station had been there before me—I discovered the footmarks—the milkman would not leave footmarks in that part of the garden—Dr. Deane's servant or Miss Deane gave me the coat—I examined it at once, and found these articles, and took it to the station—the prisoners were brought to the station about a week afterwards—the coat was identified by them last Saturday at the police-court—I produced it in evidence then—he identified it outside in the passage; I had it in my hands—I did not speak to him about it; I don't know how it commenced—I have been nearly 20 years in the police-force—another officer, who is outside, was present when the conversation about the coat took. place—when we were unpacking the things to take before the Magistrate I heard the prisoner Robert say it belonged to him—I am not aware that any of the officers had said "Is that yours?"—when I made the statement before the Magistrate the prisoner did not contradict me, nor cross-examine me about it—they did not read my evidence over to me—I signed my deposition—the other officer was is Court when I gave my evidence—when the man said "That is my coat," the other man said "Yes, you know it is, you told me your father gave you the coat," or something to that effect—I did not tell the Magistrate that; I was not asked about it—I was sworn to tell the whole truth—I did not think it important at the time, and did not say anything because he owned the coat.
WALTER SOOTT (Police Inspector). I recognise this coat; I saw it at Stratford Petty Sessions on the morning of the 28th—I did not ask the prisoners anything in reference to it—Robert Davis said to the other prisoner "It is my coat."
Cross-examined. I believe the coat had just been handed to him—in answer to something Mathew said to him he said "It is one that father gave me"—Hawkins gave his evidence before I did—Robert Davis
denied having said anything of the kind—nothing is known against the prisoners.
THOMAS WELLS . I am a pawnbroker, of Chestnut Walk, Walthamstow—this coat was brought to my shop about 12 o'clock, I think, on llth April, by Hubert Davis—I gave him 2s. 6d. on it—he gave the name of A. Davis, no address; Leytonstone is on the ticket.
Cross-examined. I have known Robert Davis some years—I did not know his Christian name—I did not ask it, we generally put John or James; I did not write the name myself—I knew his address so well I did not ask where he lived—the coat is not new by a long way, 2s. 6d. was a fair sum to advance on it—I have seen men at Walthamstow occasionally getting coats in exchange for handsome jugs and bottles.
HENRY GRAHAM (Policeman N 168). I received information and searched Matthew Davises premises at 1 p.m. on 17th April—I found there this cruet stand, a basket of tools, an imitation black marble clock, and shade.
Cross-examined. At the house besides Matthew Davis there were Robert Davis, and a young man Henry Howard—he was not in soldier's dress—he was not apprehended, nobody was apprehended at the house besides the two Davises—I have made inquiries about Howard—I believe he is a returned convict an I has had 12 months—I cannot tell how many times he has been convicted altogether—the Davises did not tell me they had given him a night's lodging—I found a soldier's jacket the following day—nobody was wearing it—I did not find Howard on the following day—I believe the prisoners have been living together—I asked Howard in the Queen's name to assist me to the station—I did not know who he was, I let him go, and have since found he was a returned convict—I had never seen him before.
ALFRED LAWSON . I live at the Drive, Walthamstow—on the morning of 16th April a robbery was committed at my house—I discovered it between 6 a.m. and half-past—this shawl (produced) was on the couch the previous evening, and this timepiece was on the mantelpiece.
Cross-examined. Some other things were lost, value 2l., which have not been recovered—the value of the things recovered is 2l. 10s.
RICHARD GROVE . I am a carpenter and builder at Walthamstow—I had a burglary at my house between the 8th and 9th, and missed some tool* about 6 a.m.—I identify these as mine and my apprentice's—they are stamped with a stamp which I have in my pocket.
Cross-examined. I know nothing about the prisoners.
The Prisoner's Statements before the Magistrate. Robert Davis says; "I am not guilty of stealing." Matthew Davis says: "I am guilty of having the things on my premises, but not of stealing the things."
DR. DEANE (Re-examined). I recognise this property—I might have seen it the previous night, I should not like to say—I can't say positively when I smoked the pipe last, certainly within a week of the 11th—I know nothing of the knife.
Cross-examined. I have had the pipe about a month, I never had one like it before—I have seen others like it—the value is about 9d., I got it as a set-off against an account—it is in about the same condition as mine was in.
GUILTY on the Second Count.— Eighteen Months' Hard Labour each .
MR. JONES Prosecuted.
GEORGE TIM . I live at Leytonstone—about 10 p.m. on Wednesday, 11th April, I went into my back garden, where I have a fowl-house—I tried it, the door was locked, and the fowls were inside—at 6.30 next morning I found the door open and missed four of the fowls—I saw two of them on Sunday, the 15th, at Mr. Jessop's, and another at a friend's of his, he had sold it to him—there is a fence about four feet high and a gate leading into a field, which touches a lane.
HENRY PARRY . I live at Leyton—I was charged with the prisoners for stealing these fowls, and discharged by the Magistrate—on Wednesday, 11th April, I went with them about 4 p.m.; we walked about Stratford till 2 a.m., and then went to a shed in the fields at Leyton, and stayed there till 4 o'clock; then we went to where Mr. Tim lives, they opened the gate and went in—I was in the road at the corner of the street, opposite the back of the house, and saw what they did—they went to the fowl-house and took the staple off with a chisel, and Turner tock the fowls and put them in a sack, which he had had all the time I had been with them—I went with them walking behind them—they took the fowls to Turner's house, where they were kept till Saturday, and then I sold them to Jessop, as Turner told me, for 4s. 6d.—I gave the money to Turner and he shared it.
GEORGE BLANKS (Detective Officer). I received the prisoners in custody on Wednesday morning, 25th, and told them they would be charged with stealing four fowls from Mr. Tim on the 12th—Smith said "I know nothing about them"—Turner made no reply—on the way to the police-court in the morning Smith said "Fatty knows as much about it as we do"—Turner said "Yes, he does, he was with us when we stole them"—Fatty is Parry.
Smith's Statement before the Magistrate. "Parry stole the fowls, and sold them."
Turner in his defence stated that he knew nothing about the fowls.
GUILTY. Recommended to mercy by the Jury on account of their youth.
They then each PLEADED GUILTY to a previous conviction in February, 1883.— Twelve Months' Hard Labour each .
MR. CULPEPER Prosecuted.
JANE COX . On 17th April, about 5.15, the prisoner came in and asked for some tea—I saw her putting a pound of sausages from the counter into her basket—they were in her hand—there had been five pounds on a plate; only four were left—she wanted some butter as well—I went round to the provisions, and said "You have some sausages?"—she said "I have not," and I went round, and they were lying on a box close by—she went out of the shop—a policeman came, and went after her, and took her—I did not see her take them off the plate, I saw them in her hand—she did not say she wanted to buy any.
JAMES LLOYD (Policeman K 486). On 17th April I saw the prisoner running up Warburton Street—I arrested her, and said I should take her into custody for stealing some sausages out of a shop—she said "I
didn't, policeman; I did not take them"—she was taken to the station and discharged.
The prisoner in her defence stated that the had knocked the sausages down with her basket, and when the woman accused her of taking them she felt so insulted that she would not pick them up.
NOT GUILTY .
MR. JONES Prosecuted; MR. GEOGHEGAN Defended.
GEORGE STACE . I am a gardener, of Maiden's Alley, Stratford—a little alter 10 on the night of 13th April I was near the Green Man, Leytonstone, waiting for a tramcar to go to Stratford—I saw two women fighting, and went as a peacemaker to persuade them not to—the prisoner was one—I asked her where she lived—she said in Stratford—I said "Well, I live at Stratford. I am waiting for a tramcar, the best thing you can do is to walk alone with me a short distance till a tramcar overtakes us"—after we had walked a little way I thought she seemed nervous, and asked her if she would have a little drink to revive her—she said she would, and she had three-pennyworth of whisky—I had three-pennyworth of brandy—we walked half a mile farther, and came to another public-house, and she said "Are you going to give me another drink?"—I said "If you think you want it I have no objection," and she had gin and I had bitter ale—when we came out she asked me what I was going to give her, and solicited me to go down a private road—I said I would give her sixpence, and we walked down the road—as we walked down the road I touched my waistcoat pocket, and found my purse was gone—I had seen it safe when I had started to go down the road—it contained 18s., in two half-crowns, a florin, and small coins—I accused her of taking it—she denied it—I said "You have taken it out of my pocket, and unless you deliver it up I shall charge you"—a constable came up—I gave her in charge—I went down the lane again with the constable to the spot where I detained her—I was a short distance from him when he found the purse on the road—this is it (produced)—I usually carry it in my waistcoat pockets—it had a postage stamp and a small key besides the money.
Cross-examined. It was about 10 when I met the prisoner, and near on 11 when we went to the police-station—I have told everything—I was with her the whole time, and never lost sight of her—I am a widower—I gave her sixpence out of charity I thought at first, afterwards I found it was not—I gave it her when I got a little way down the lane, because she asked me for it—I would give you sixpence if I thought you wanted it—I had been in the country to an inquest; my brother-in-law was drowned—we were about three minutes down the road—we did not go to the end; there was a vacant space, some houses being built—she came back with me.
EDWARD MATTHEWS (Policeman N 400). I was on duty about 11 o'clock on 13th April in the Leytonstone Road—I went to the corner of the Ferndale Road, and there saw Stace and the prisoner arguing about the purse—Stace said he would give her in custody for stealing his purse and money—I asked him how much was in it—he said 18s. as near as he could guess—I took her to the station, where she was searched—I subsequently came back with Stace to the lane, and near the place where he said he stopped with her was the purse lying open with nothing in it—we
went a little farther down the lane, and there we found a stamp—at the station when she was charged she said she had not had his purse or money either.
Cross-examined. This road is on a new estate, not much built on—there is a vacant space—I found the purse about 30 or 40 yards down the lane, and the stamp about 80 or 90—when I came up to them they were on the high road, right opposite the corner of Ferndale Bond—there is a lamp there—I was in uniform—they were standing together—I walked up to them.
SARAH MILLER . I am a female searcher at Leytonstone Station—I searched the prisoner on 13th April about 11.30 p.m., and found 12s. 5d. on her, 11s. in her stocking, and 1s. 5d. in her pocket—she took her stocking off and said she would give it me while I was searching her—there were two half-crowns—she said it was her own money, and that I was to give it back to her.
NOT GUILTY .
MR. CULPEPER Prosecuted.
WILLIAM GARDNER . I am employed at a shop in Market Terrace—on 13th April, about 3.30, I was cleaning the shop windows, and saw the prisoner and two others opposite, and when I looked again they shook their fists at me—I watched and saw the prisoner go to the top of the street and another to the bottom, and the third went into Mr. Bloomfield's shop—he was there about a minute; he came out rather hurriedly—I went over to the shop and he walked straight on down the Barking Road, and the others followed—I told Mr. Bloomfield, and ran to the police-station and told the policeman—we went down the Barking Road and caught the prisoner—he said it wasn't him, that he had just come from Barking.
JOHN WILLIAMS (Policeman K 59). On 13th April Gardner came to me and I accompanied him down the Barking Road—he pointed out the prisoner and said "That is one of them"—I told him I should take him for being concerned with two others in stealing money from a till—he said "I have no money; if I had I would soon get something to eat with it. I have just come from Barking"—he said to Gardner "You did not see me go into the shop"—Gardner said "No, but you shook your fist at me"—the prisoner tried to hit him with a stick—I took him to Barking Station—nothing was found on him.
ISRAEL BLOOMFIELD . I am a grocer, of Market Place, Plaistow—on 13th April Gardner came and made a statement to me—in consequence I examined my till and found it empty, except some farthings—there had been about 7s., as near as I could tell—I had examined it about nine minutes before—I charged the prisoner on the strength of what Gardner told me—I was in the next room—we could hear the least step in the shop.
NOT GUILTY .
MR. FULTON Prosecuted; MR. GEOGHEGAN Defended.
EUGENE DESARD (Interpreted). I am a saloon waiter on board the Almora—at 12 p.m. on 19th April I met the prisoner in the Victoria Dock Road and went home with her, and we went into a bedroom together—I
had a watch and chain and three half-crowns in my waistcoat pocket—I took off my trousers, coat, and waistcoat and laid them on the table—the prisoner went out to fetch some beer—she came back with it and gave me some, and then began quarrelling—I began to dress myself and missed my waistcoat, watch, and chain—no other person had come into the room—I said "Where is my waistcoat?"—she said "Black men don't wear the waistcoat, and I don't know anything about it"—I said "I had a waistcoat and a watch and chain"—I dressed and went out and came back to the house with the police—I did not find the prisoner there—we searched at two or three other places, and about 2 a.m. found her in a house with two other people—these (produced) are my waistcoat and watch and chain; the police found them—they are worth about 6l.
Cross-examined. It was about 10 minutes before I found a policeman after I left the house—I don't know what the time was—I gave her no money to get the beer with—I was to give her sixpence in the street before I went up—I have no solicitor—when I came up there was another woman in the room with the prisoner—we did not quarrel about the money I was to give her—I said I would give her 5s.
THOMAS WILSON (Policeman K 259). About 2 a.m. on 20th April the prosecutor came to me in the Victoria Dock Road, and in consequence of what he said I went to 7, Eagle Street, Victoria Dock Road, a common brothel, the house he pointed out—we saw nothing of the prisoner there, and we went to 5, Arkwright Street, about half a mile off, and I found her in bed by herself—her sifter came in afterwards—I brought Desard to the door—she got up, and I said "Is that the woman?"—he said "That is the one"—I said "You had better get dressed"—she was partly dressed—I said "This man charges you with stealing a watch and chain and 1s. 6d. and a key and waistcoat"—she said "I don't know anything about it"—I turned over the tick of the bed she had been sleeping in—I found this waistcoat and key—the prosecutor said "That is my waistcoat"—there was no money in it; I found no 7s. 6d.—I said "What has become of the watch? it is evident you know all about it"—she denied it at first—she was coming downstairs and said "Let me get upstairs and I will fetch the watch down"—she went upstairs and brought it down; I don't know where from—the prosecutor said it was his—I took her to the station—she wanted to make it appear that he had given it her.
Cross-examined. She said "He gave me that waistcoat and watch to stop with me"—I got a poor description; I could not well understand his broken English—her sister was living in the place with her—there was a baby in bed with the prisoner—I searched the room—she did not deny it after I found the waistcoat—she denied stealing it at the station, and said he gave it her—it is 50 or 100 yards from 7, Eagle Street to where the prosecutor met me.
Re-examined. This is a note I made of the conversation directly afterwards; it is a report of the whole affair—there is nothing in it about the prisoner saying that prosecutor gave her the watch because he had not got any money.
The Prisoner's Statement before the Magistrate. "He left the things with me till the next morning because he had no money."
GUILTY . She then PLEADED GUILTY to a conviction of felony in May, 1879, at Chelmsford.— Eighteen Months' Hard Labour .
541. WILLIAM JAMES (25) and JAMES HORN (25) , Burglary in the dwelling-house of Samuel Boden Harrison, and stealing five coats, five pairs of boots, one stick, one hat, one box, and 10s., the goods and money of Harold Francis Harrison. Second Count, receiving.
MR. PURCELL Prosecuted.
HAROLD FRANCIS HARRISON . I live with my father at Whipeross Road—on Saturday night, 25th February, I was at home—this hat (produced) is mine—I last saw it safe on the Monday, I think, on the staghorns in the hall—I missed it and a walking-stick, and from a back room five greatcoats and five pairs of boots—there is a walled garden with no door at the back of our house—at 6.50 on the Sunday morning I saw that the shutters to the front bow window had been burst open; the servant-girl found it first—two desks and a box were broken open, and the place was all in confusion; the gas in the parlour had been lit—a candle was found lying below the dining-room window—I did not go over the house the night before.
SAMUEL BODEN HARRISON . On Saturday night, 25th February, I saw the side window in the front of the house closed and barred—the shutters to the two side windows were in a proper condition—the windows were closed when it was getting dusk, about 6.30—I saw they were closed at 9.30—next morning I found the house broken open, and informed the police—I missed of my own two pea-jackets and a black coat, which was in the hall, I think; the others were in the small room we keep the boots in—I have seen none of the articles since.
Cross-examined by James. I can't swear if my wife or the servant give away old worn-out articles to hawkers—I do not know if the hat was given away.
GEORGE JEWELL (Sergeant N 326). About half-past 12 on 28th Feb. I was on duty in Copper Mills Lane with Ketteringham, and saw the prisoners—I followed them about an hour and a half—they stopped at various places, and ultimately I caught hold of James in Hackney Marshes; he struggled to get past me; seeing something in his hand, I said "What have you got there?"—he threw it into the water, saying "That is what I have got"—I dragged the water, and after eight hours brought up a jemmy—another constable took it to Mr. Harrison's house—I took them to the station and charged them with loitering; at that time we knew nothing of the robbery at Mr. Harrison's—I found on James a knife, pipe, silent matches, and candle—on leaving the cell passage on the morning of the 28th, I heard James say "Jim"—Horn answered "Hulloa!"—James said "Tear the lining out of your hat"—he had this hat on (produced)—I immediately entered the cell and took the hat from Horn's head—afterwards we heard of the burglary at Mr. Harrison's, and the hat was shown to one of the Mr. Harrisons by another constable.
Cross-examined by James. I took you to the station about 2.30—it is about two miles from where I took you—I first saw you about 12.30 at the corner of Copper Mill Lane; I turned and followed you then, and saw you go to the window of the Elms dwelling-house—I was about 10 yards from you then, in the green by the side; you were standing sideways to the window, which is about 3 feet from the ground—you appeared to do something to the window; there were no marks on it—there is only that window facing Copper Mill Lane—I met Ketteringham about 30 yards down the lane—you loitered about the second dwelling-house in a
very suspicious manner; you did not do anything—there is only one footpath from the Copper Mill Lane, I had to cross that; there is another by the river in Lea Bridge Road, 1 miles off—I arrested you under the arch as you rushed out from it—I did not keep hold of you from the bridge until we got to the arch because there was so much water beside the railings it was impossible for you to get past—I told the inspector that you were a suspected person loitering in Copper Mill Lane—we sent to see if your address was correct before you were charged; it was false; we have not been able to ascertain where you live.
WILLIAM KETTERINGHAM (Policeman NR 17). I was with Jewell on the night of 28th February, and with him watched the two prisoners—ultimately he seized James, and I immediately afterwards seized Horn, and I heard what Jewell said to James, and he threw something into the river and said, "That is what I have got"—I took my man to the station and searched him, and found on him some silent matches and a knife—on Friday, 2nd March, I found marks on the inside of the shutter of Mr. Harrison's front window which corresponded with this jemmy.
Cross-examined by James It was about 4 p.m. when I took the jemmy to Whipcross Place on Friday—I saw you watch the dwelling-house; you appeared to do something to the window—I examined it afterwards—I saw you go to another large house, and you appeared to do something to the windows—we were not concealing ourselves; we were about 50 or 60 yards from you—we kept hold of you when we took you from there to the station.
James, in his defence, stated that he and the other prisoner had been to Chingford, and wished to go by train to Walthamstow, but having had a little drink the ticket inspector would not give them tickets, so they started to walk; they met the policeman under the arch, who told them to turn back, as the marsh was flooded, and then took them to the station for loitering; and denied all knowledge of the burglary; Horns, that he went down the, lane buying old boots and met a Jew, and bought this hat of him for 1s. 8d.
There was another indictment against the prisoner for being in possession of housebreaking implements, upon which no evidence was offered. They then PLEADED GUILTY** to previous convictions, James in January 1882, in the name of William Jones ; and Horn in November, 1874, in the name of Wood .— Seven Years' Penal Servitude each .
Before Mr. Justice Stephen,
MESSRS. POLAND and CHARLES MATHEWS Prosecuted.
The deceased was an illegitimate child of the prisoner's daughter, and was left in charge of the prisoner, who, being continually drunk, neglected it, from the evidence of the medical witnesses it appeared that the death was produced by convulsions, but how caused they were unable positively to say, The Jury therefore found the prisoner NOT GUILTY . There was another indictment against the prisoner for assaulting the said child, upon which no evidence was offered, and a verdict of NOT GUILTY was taken.
Before Mr. Recorder.
NOT GUILTY (See Vol. XCVIL., page 714).
544. FREDERICK JOSEPH TURNER (17) PLEADED GUILTY to stealing nine watches, five chains, and 1l. 15s. 8d. of Henry James Tuson, his master, and FREDERICK WILLIAM HOOPER (21) , to feloniously receiving the same.
TURNER— Six Months' Hard Labour .
HOOPER— Nine Months' Hard Labour .
CHARLES PETTIT . I am a baker, of 42, Edward Street, New Cross—on 1st April, at 3 a.m., I was awoke by a noise—I went down with a light, and found my hall door open, and I understand that the gas was burning, but I was so confused I cannot remember whether I lit it or not.
---- PETTIT. I am the sister of the last witness—on Saturday night, 31st March, I locked the door at 12.30.
ALFRED ATTLEY (Policeman 318 R). On Sunday morning, 1st April, at 8 o'clock, I saw three men loitering in Edward Street—I lost sight of them, and afterwards saw a light over the fanlight of Pettit's shop—I heard someone speaking inside—I sent another policeman to watch at the back and knocked at the front door, turned the handle, and it opened; I saw three men there, the prisoners are two of them—a light was burning—they tried to close the door; a scuffle took place—they got the door open and I was knocked down—the man went in the direction of Edward Street, and the other towards Napier Street—I followed and lost him, but when I went off duty at 6 I saw him at Lewisham station—Gardener is the man—he lost his hat while running—I knew both the other men before—I saw the other at 10 o'clock the same day, and picked him out from others; I also know the third man who is not apprehended.
Cross-examined by Wade. The gas was turned down, but I could see, as I had my own light—I was attracted there by the light.
WILLIAM EAST (Policeman P 31). On this Sunday morning, at 3.30, I was in Lewisham High Road and saw Gardener coming from Lewisham without a hat—I asked him where he was going—he said, "Vauxhall"—he was much flurried and was shamming drunk—he said he had been knocked down by two men—I asked where he lived—he said "9, Southampton Street, Vauxhall"—I took him to the station, found he was wanted, and the other man came and identified him.
THOMAS FRANCIS (Policeman R). On Sunday, 1st April, I received instructions and a description and took Wade at his lodgings at 5 o'clock—I told him he would be charged with burglary at 42, Edward Street
West—he asked if anything was stolen—I said "I cannot tell"—he said, "Then it will only be an attempt."
WILLIAM MAP (Police Inspector). I examined 42, Edward Street—an entry had been effected through the fanlight, the glass having been blown out by the wind—there was dirt on the door, as if someone had climbed up, and the dust on the fanlight frame was brushed away as if someone had got through the fanlight and unlocked the door inside—I was at the station when Little picked out Wade from 10 others—while I was entering the charge Wade said, "I beg your pardon for interrupting you, but this is only an attempt, we did not steal anything"—I said, "You are charged with burglariously breaking and entering with intent to steal"—he said, "It is all right, the constable did not let us stop long enough to steal. You don't say anything about the shop"—I said, " No, that is part of the dwelling-house"—he said, "Yes, that is right, I will give in to them now."
Wade's Defence. I simply wish to say that three parts of this case are got up.
The RECORDER left it to the Jury to say whether one of the prisoners got in through the fanlight and let the others in, as if so there was no breaking.
NOT GUILTY .
Before Mr. Common Serjeant.
546. GEORGE PARKER (24) , Unlawfully obtaining by false pretences from George Henry Davey a watch and chain, with intent to defraud; also for conspiring with another person to cheat and defraud George Henry Davey.
MR. RIBTON Prosecuted; MR. CRANSTOUN Defended.
GEORGE HENRY DAVEY . On 13th March I was near King's Cross Station between 6 and 7 p.m., and saw two men, one of whom was the prisoner; they appeared to be quarrelling—when I came near the other man told me to tell the prisoner that the bird was no good—I did so, and he asked me to come down the road with him, as he was going to serve his customers, and would show me the bird—he had a bird with him in a bag—he said it was a bullfinch and that it had flown in his place, and his mother would not let him keep it—he showed me its head and tail; I found out afterwards it was painted—I walked back again and met the other man, and he asked me how much Parker wanted for it—I said 12s.—he said if I got it he would give me 24s.—I said I hadn't got any money—he asked me if I had a watch and chain—I said I had, but that I must not part with it—he asked me if I could not possibly, and to go and tell Parker to wait—I told the prisoner I would bring the money, and eventually I left my watch and chain with him and took the bird—he arranged to meet me in half-an-hour at Bonson's, the grocer's—I waited there about half an hour—he did not come, and I did not see anything of him till he was in custody on another charge—I gave the bird to a friend—my watch and chain were given to me at the station, they were found on him.
Cross-examined. I have been about 7 years in London—the bird was painted like a bullfinch—I recognise my chain by a scratch on it, and by the key and seal which are attached by a steel ring.
By the COURT. I parted with my watch and chain because the other man said he would give me 24s. for the bird, and I believed it was a bullfinch.
JONAS WATTS (Police Sergeant 280). I took the prisoner near Pier Road, Erith, on 4th of April, on another charge—he was wearing this watch and chain—I asked him where he got the watch from, he said his father gave it him—I asked where his father resided—he said at 15, Caroline Street—I asked him where he got the chain—he said he gave a boy a silk handkerchief for it at Gray's.
MESSRS. MONTAGU WILLIAMS and WARBURTON Prosecuted.
CHARLES SPURGIN . I keep the Victoria Tavern, Grove Road, Deptford—on Saturday, 31st March, a little after midnight, returning from Deptford Railway Station, I was attacked by four or five men—the prisoners are three of them—Hayes came in front of me and put his hands in a fighting attitude—I told him to get out of the way, and he hit me on the side of my face and knocked me down, and I was kicked about the road—I don't remember anything afterwards—my left eye was blacked and completely closed, my nose cut, and my lips swelled up—I was bleeding from the nose and mouth—I had a watch on, and 11l. 7s. 6d. in one pocket and 1s. 11d. in the other, which was safe—after the attack I saw them all on the pavement—I said "You shall know about this"—they made no answer—my handkerchief was full of blood—in the morning Dr. Featherstone saw me, and I am under his care now—I was laid up for 10 days—I knew Hayes three years before; I knew a little of McCarthy; Guiney I had not seen before—I am positive Guiney and Hayes knocked me about—I did not assault Guiney.
HENRY ADAMS . I am a labourer—on Saturday, 24th March, about 12.20, I was in Grove Street, Deptford, and met Spurgin—I stopped to say something to him—Hayes came up—we said we did not want his company—he said he would fetch somebody to fight us, put his fingers up, and whistled—he went to Mrs. Sullivan's and Mrs. Mullins's, and came back, ran at Mr. Spurgin, knocked him down, and tried at me, but I was too quick—I believe McCarthy was there—I did not see anything done to Spurgin when he was on the ground—I was taken indoors by some female friends; I was not hurt; I left Spurgin outside.
Cross-examined by Hayes. You were coming the same way as we were—I did not knock you down; I throw you on your back, and you lay on the ground shamming you could not get up, and I was dragged indoors by my friends—I did not see Guiney there—I would not swear McCarthy was there.
Cross-examined by Guiney. You were not there at the time Hayes was; you came up afterwards.
Cross-examined by McCarthy. I am not sure whether you were there.
SARAH CLEAL . I live at 176, Grove Street, Deptford—on Saturday, 24th March, about 12.30 pm., I was indoors—I heard a noise, went into the street, and saw Adams, my stepfather, and Spurgin and a little man—
I could not say whether it was either of the prisoners—I saw one of them throw him on the ground—I and Mrs. Chapman got Adams into the house, and I saw no more of it.
DIGNYSIUS TINKOSKI (Interpreted). I live at 156, Grove Street, Deptford—about 12.30 I was in that street, and saw Spurgin very dirty—with his left hand he was holding his watch-chain in this way, and with his right hand he held his handkerchief to his head; there was blood on it—I saw all three prisoners there—Guiney came up to Spurgin, and said "Wait, I will give you something better," and struck him on his month with his fist—Spurgin fell on the ground, and Guiney wanted to kick him—I took hold of him by the breast, and prevented him—Guiney wanted to commence with me, but I refused to have anything to do with him, and I advised Spurgin to go home, and he was taken home.
HENRY FEATHERSTONE . I am a surgeon, practising at Grove Street, Deptford—on Sunday morning, 25th March, I was called to Mr. Spurgin, and found him in bed covered with blood, his left eye perfectly bunged up, and swelled all over the forehead, and the lip cup through—he was suffering great pain—I had to put four leeches on his face—he is under my care now—there was at one time danger of erysipelas—I am afraid now an abscess may form on the frontal bone.
TIMOTHY TURTIN (Policeman R 124). On 7th April I apprehended Hayes in a public-house on a warrant—I said I had a warrant for him for assaulting Mr. Spurgin on 25th March—he said "I was there; I was knocked down insensible, and know nothing about it"—at the police-station, when the charge was read over to him, he said that Guiney, McCarthy, and Matthews assaulted Mr. Spurgin—I apprehended Guiney the same night at another public-house—he said his name was Charles Coombes—I told him the charge; he said nothing—at the police-court he pleaded guilty, and said he was very sorry—on 9th April I apprehended McCarthy on a warrant outside the police-court where Guiney was being tried—I charged him—at the police-court he said he knew nothing about it; he was drunk.
Cross-examined by McCarthy. Hayes said you were assaulting Spurgin.
Hayes in hit defence stated that he was incapable of worsting two or three men like that. Guiney stated that he did net know who he was hitting, and that he was sorry for it. McCarthy asserted his innocence, and said that he did not see it done.
HAYES and McCARTHY— NOT GUILTY . GUINEY— GUILTY of a common assault.— Three Months' Hard Labour .
MR. PURCELL Prosecuted.
ARTHUR MAY . I am 16, and live at 52, Ashburnham Road, Greenwich—on Bank Holiday I was standing in the Greenwich Road looking at some niggers—I felt some one pulling my watch in my waistcoat pocket—I turned round, saw the prisoner, caught hold of him, and said "You have got my watch," and held on to his coat till the policeman came—when I got hold of him he was on the pavement, and then he went into the road among some people;. I had hold of him all the time—the policeman said "Do you wish to give him in charge?"—I said "Yes"—he
said "What for?"—I said "For stealing my watch"—some one searched him and did not find the watch about him.
Cross-examined by the Prisoner. You gave me leave to search you.
CHARLES MAY . I am 14 years old—I was with my brother on Bank Holiday—before we looked at the niggers the prisoner came behind him on the other side, and when he turned round he slipped away—then we saw the niggers across the road and went to look at them, and when over there my brother turned round quickly, and I saw the prisoner turning to run away and take his hand from my brother—my brother said he had his watch, and he said he had not, and when he tried to run away he went into a crowd and I did not see him after.
Cross-examined by the Prisoner. I did not say at the police-court that I saw you take your hands from my brother's pocket.
WILLIAM ADDIS (Policeman R 96). At 3.15 on Bank Holiday I was called to take the prisoner—the prosecutor said that he felt the prisoner push against him and a tug at his watch chain, and that he had taken his watch from him; the prisoner said he had not—I took him—the watch was not found.
Cross-examined. There were several constables standing about.
The Prisoner's Statement before the Magistrate. "I never took the watch."
The prisoner in his defence stated that he had both his hands in his pockets at the time.
NOT GUILTY .
Before Mr. Justice Stephen.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. GEOGHEGAN Defended.
GEORGE SMITH . I am a bricklayer, and live at 22, Eaton Street, New Cut, Lambeth—I have lived with the prisoner for about five years, and had three children by her; the first one died in child birth, the next was 2, and the next about six months—she has always been a kind and affectionate mother—on Saturday afternoon, 24th March, I was at home with the prisoner and the children; we had been all sitting round the fire together—the elder child, Rosalind, was on the bed; the youngest, Annie, was in the cot—the prisoner asked me to fetch threepenny worth of brandy; she gave me a bottle to fetch it in—I went out to fetch it—as I came back I met her on the stairs, coming down; she was halloaing out "Oh, George, I have killed my poor Rose; fetch the doctor, fetch the police"—she was screaming all the time—she pushed me towards the door and rushed across the street—I went to go upstairs to see what she had done and met the landlord on the stairs—I then fetched Dr. Blackman; he came back with me and a policeman, and we went upstairs into the room—I found the child Rosalind dead on the bed—in the room I found this razor (produced)—it was usually kept in
the cupboard—I can't say how long before this occurrence I had seen it, it may have been some weeks—it is my razor—the prisoner if about 33 years of age—she has always been a sober woman and a religious woman, but she never attended any place of worship—I had been drinking for some time before this; I had been drinking all that day—she had often spoken to me on the subject and begged me not to do so—she had often said that she wished me to marry her—I said I would not marry anybody—she used to say she did not know what Would become of the children if anything happened to her—she was never Well, she had very great trouble in her last confinement—she had attended the hospital as an out-patient—she was under chloroform each time of her confinement—she was always saying that her head was affected, that she did not know what she was doing, owing to the chloroform she said—I can't remember whether she said anything to me that afternoon about the state of her mind—I went on drinking; I was drunk—she has not threatened to do anything with her own life that I know of—she used often to sit down and cry.
Cross-examined. She never could sleep, she could not get an hour's sleep of a night; she was very nervous and very irritable.
By the COURT. She was always saying "I cannot rest"—when I woke up at night she always had her eyes open—she complained of a burning sensation at her heart, and her head as well—since her last confinement she has been a different woman altogether.
WILLIAM BAILEY . I am a printer, and am landlord of 22, Eaton Street, New Cut—the prisoner has lived there about 18 months—she was very kind to the children—if anything happened to them she was very sensitive—if the child slipped she would scream out—she was very nervous; she would scream out just as though the child had been hurt—on this Saturday, about 7, I was in bed, I heard a scream and a groan—I went to sleep again—about half-past 7 I was awake again, and I heard the prisoner scream out "George, George, fetch the doctor, fetch the police, I have killed Rosie"—I at once got out of bed, slipped on my clothes, and met Mr. Smith on the stairs, coming up—I went into the room, and saw the child lying on the bed with its clothes on and its boots off; it was covered with blood—I felt her hands, and found she was dead—I did not see Annie, the mother had run out of the house with her.
Cross-examined. Before I heard the second scream I heard a terrible groaning—while the prisoner was my lodger I noticed her as a very nervous, excitable woman—she was exceedingly fond of her children; if one of them slipped on the stairs she would scream loud and run down—I have heard her complain very much of pains in her head.
CAROLINE ROBERTS . I am the wife of Edward Roberts, a carman, of 11, Eaton Street—on Saturday evening, 24th March, at a quarter to 8, I saw the prisoner in her nightdress, with her baby in her arms; she ran to me at my door, which is on the opposite side; she said "Mrs. Roberts, I have murdered my Rosie;" I said "Nonsense, don't say that, come inside"—she came into the back parlour, and sat down on a box—I then saw blood on the child's neck, and I ran out and called Mrs. Austin next door—a policeman came and took the prisoner away in a cab, and I took the baby to the Lambeth Infirmary—I only knew the prisoner just to pass the time of day to—she appeared to be in a very excited state.
Cross-examined. She was holding the baby to her breast as if she was suckling it.
EDWARD BURKE (Police Inspector). About a quarter-past 8 on this day I went to 22, Eaton Street, and in the first-floor front room I found a female child on the bed, wounded in the throat, and quite dead; the clothes were all saturated with blood—this razor was lying open on the table—I afterwards went to No. 11, and in a room on the ground-floor found the prisoner sitting on a sofa—she was in a very excited state—the baby was being held by Mrs. Austin—it had been wounded in the throat—I sent for Dr. Wheeler—I said to the prisoner "I shall take you into custody for causing the death of your child Rosie, and attempting to kill your child Annie. You had better be careful what you do say"—she replied in a very excited state "Yes, I have killed her, and would myself if I had the opportunity; I done it in the way no one else would have my children"—I took her to the station, where she was charged—I read the charge over to her, and she said "I wish I had caused my own"—she spoke very much about the baby, wanting to know what state it was in, and was desirous of getting it—from Saturday till Monday morning, when I took her before the Magistrate, she kept repeating that she wished she had the opportunity of doing away with herself—she had been carefully watched.
Cross-examined. Dr. Wheeler was called in to see her at the station in consequence of the condition in which she was.
CHARLES WHEELER . I am a surgeon, and live at 96, Kennington Park Road—on Saturday, 24th March, at a quarter-past 8 in the evening, I was called to 22, Eaton Street—I there found a female child, aged between three and four, with her throat cut, quite dead—the wounds were the cause of death—in consequence of what was told me I then went over to No. 11, where I found the little baby with its throat cut, but still alive; I ordered it to be taken to the Lambeth Infirmary—I then went to the police-station, where I found the prisoner—she asked me to give her her baby; I told her I would see about it—she was in a very nervous, excitable state, very excitable indeed—that was the first time I had seen her—in consequence of the state she was in I gave directions that she should be watched and taken care of.
Cross-examined. There is great sympathy between the brain and the uterus—I did not know that she was suffering from disease of the womb—I think she was suffering from acute mania.
By the COURT. Great distress of mind would, with other symptoms, tend to produce acute mania—I should think there was something wrong about the brain from the last confinement—constant complaining of the head and sleeplessness would indicate disease of the brain—a person in a state of acute mania would not think about the moral quality of her acts—she said nothing about the deceased child; she merely asked me to let her have the baby—she seemed to be quite unconscious of the act.
NOT GUILTY on the ground of insanity.— To be detained during Her Majesty's pleasure .
MESSRS. POLAND and CHARLES MATHEWS Prosecuted; MR. GEOGHEGAN Defended at the request of the Court.
ELIZABETH BOTWRIGHT . I am the prisoner's wife; we have been married 16 years—on the evening of Wednesday, 29th November last, I was with my husband at home between 8 and 9—I am sorry to say that he was under the influence of drink—I do not know whether he was sober enough to know what he was about, or not—I told him that the manner in which he was going on must come to an end some time or other—I think be was depressed by being in such poor circumstances; all that he said was that he should not feel happy till he saw me go first—he had said that to me several times before; I think the last time was after he came home this last time—I did not see him since last July till the commencement of November—he deserted me in July—I understood his meaning to be that he meant to take my life; he has said so, and that he could walk to the gallow like a man; he was not sober when he said so—each time he has said it or made a threat towards me it has been when he has been under the influence of drink—it was before this happened in November that he said that about walking to the gallows; I cant tell how many days before, but perhaps a week—on the evening this happened (the 29th) he gave me a blow in the face with his fist, and I said, "You have done it this time"—I was in my bedroom at the time; I was standing up, and dressed—he went out after striking me, and I went to bed, which I always did when he was under the influence of drink, and he has sometimes come home between 2 and 3 in the morning—I don't remember seeing him any more till I saw him at the Lambeth Police-court—I cannot call anything to my memory for the first fortnight I was at the hospital; I don't remember a thing.
Cross-examined. I remember the prisoner falling of an omnibus last Year; he was taken to st. George Hospital—I was told afterwards that it Was for concussion of the brain—he has drank worse than ever since that Accident—I did not apply for a summons against him when he used the Threat to me in November; I think it was in last July that he went to the Hospital; it may have been in April, May, or June—I was in a Coffee Tavern in Theobald's Road at the time—I think he was in the hospital About a fortnight.
ESTHER JOBLING . I live at 3, Little palace Street, Westminster Bridge Road—the prisoner and his wife lived there for eight days; they occupied One furnished room on the first floor, the front room—the prisoner had a Latch-key, and used to let himself in—on Wednesday night, 29th November, About 10or 10.30, I was in bed—I heard a fall on the floor in the room Underneath, it woke me out of my sleep; it was as if somebody had fallen to the ground or against the wainscot—I heard Mrs. Botwright's voice, and also her husband's and he was leaving the house—I could not say distinctly what they said, but I heard both speaking—he answered as he was going to the street door—I heard him leave the house and shut the street door—about 11.30 I heard him come back again, and come upstairs—I heard him walk about and then go out again—he returned about, and come upstairs—I heard him walk about and then go out again—he returned about 12 or half-past—I heard nothing more—I did not leave my room at all that night—I got up about 7.30 next morning—I saw nothing of the woman during the day—in the evening I spoke to my husband on the subject, and about
9 in the evening I went up to their room and knocked at the door two or three times; a faint voice answered me at last—I went in, the door was not locked—I found Mrs. Botwright lying on the bed in her nightdress; the bed was saturated in blood, also her nightdress, face, pillows, sheet, and everything, and splashes of blood on the curtains and on the ceiling—I roused her a little; she seemed to speak sensibly—I bathed her face and hands, and obtained assistance, and my husband had her taken to the hospital—I went to the police-station, and they came and examined the room.
HENRY GARLAND (Police Inspector L). About 11 o'clock on the night of 30th November I received information, and went to 3, Little Palace Street, and into the first-floor front room—I found the bed saturated in blood, four pillows, one a-top of the other, saturated through, blood on the two muslin curtains, and on the walls and ceiling—I found this poker, with blood and hair upon it, in one corner of the room, bent, and this pair of scissors, saturated with blood and hair, on the table in the centre of the room—I looked for the prisoner—I did not find him—I put a man in charge of the room to see if he returned—he was not apprehended till 12th December.
GEORGE HARVEY (Detective M) On 12th December, about 12 o'clock in the day, I took the prisoner into custody at a coffee-palace in High Street, Borough—I said "lama police officer; your name is Botwright"—he said "Yes"—I said "I shall take you in custody for assaulting your wife with a poker"—he said "All right, I will go quiet; you need not hold me"—as I took him out of the house we met Sergeant Pickles; the prisoner appeared to know him, and nodded to him—he was taken to the station and charged—the charge was read to him—it was for assaulting his wife with a poker.
THOMAS PICKLES (Detective Sergeant M). I was outside the coffee tavern when the prisoner was arrested—he said to me "Well, Mr. Pickles, the night I done this I had been drinking, and did not know what I was doing. We had been out together, and had some drink and some words together. When we got home we had more words. I then went out, and got more drink, and when I returned to the room I was mad, but if I ever get over this I will never touch the drink again"—I accompanied Harvey to the station.
WALTER FELL . I was a surgeon at St. Thomas's Hospital on the night of 30th. November, when the woman was brought there—she was very much collapsed—I examined her head—I found three scalp wounds—they went down to the bone, and at the bottom of one of them there was a fracture of the skull—one ear was cut in two, and the face was very much bruised—all those injuries were such as might have been inflicted with, blows of this poker—she was under my care for a fortnight or three weeks, and I left her still in the hospital—she was very drowsy during that time; that was a sign that the brain was injured—her life was for some days in danger.
Cross-examined. As far as her hearing is concerned, I think the injury will be permanent—she will recover from the other injuries.
Re-examined. I think a person may quite recover from serious concussion of the brain.
By the JURY. The blows were all on one side of the head, just as if inflicted while the person was lying; in bed—all the injuries seemed to
have been inflicted with a blunt instrument—it did not appear as if the ear had been cut with the scissors.
GUILTY on the First Count— Twenty Years Penal Servitude .
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
GUILTY — Ten Years' Penal Servitude .
MR. DR. MICHELE Prosecuted.
NOT GUILTY .
Before Mr. Recorder.
MR. RAVEN Prosecuted.
SARAH ROWE . I am the wife of Evan Rowe, of Murray's Buildings—on April 10th my husband was out, and I went to bed about 10 p.m.—I sleep in the back parlour, and the door between the two rooms was quite open—I did not go to sleep, thinking my husband was coming—I heard the front window open and saw a man take a coat which hung on the wall—there was a lamp in the front room—I heard paper rustling and I called out, thinking it was my husband, and then saw the man taking things from a box under the window—he turned round, looked at me, and went through the window as sharp as possible, and shut it down with a heavy slain—I opened it and screamed "Police"—two policemen came up in about six minutes—I identify the prisoner; he had got all these things (produced) ready to take away, but I was too quick for him.
Cross-examined by the Prisoner. I saw your face and you had the same clothes on as you have now—your hat was on—the light was on the mantelshelf of the room you got into.
WILLIAM DYER (Policeman L 86). I was on duty, heard screams of "Police" about 3.15 a.m., went up to the window, and Mrs. Rowe made a complaint to me; I went round the corner and saw the prisoner in custody of another constable about 20 yards off—Mrs. Rowe recognised him at once—I took him to her about four minutes after she spoke to me.
THOMAS STACEY (Policeman). On April 10th I was in Godding Street, a little over 100 yards from Mr. Rowe's house—I heard screams and saw the prisoner run round the corner of Bernard Street—he saw me and stopped; I walked towards him and said, "What are you running away for?"—he said, "I am not running away"—I said, "What is the matter round the corner?"—he said, "Nothing that I know of"—I caught hold of him and said, "You will have to go back"—I took him to Mrs. Rowe, who said that he was the man.
The Prisoner's Statement before the Magistrate, "I know nothing about
it. There was another man went by at the same time with the same shaped hat."
Prisoner's Defence. I said that because she laid all the stress on my hat.
GUILTY .— Six Months' Hard Labour .
MESSRS. POLAND and WILLIAMS Prosecuted; MESSRS. WILLIS, Q.C., BESLEY, and AVORY, appeared for Martin; MR. BLACKWELL for Nicholls, and MR. COLE and MR. CRANSTOUN for Henry and Bentley.
CHARLES GREGORY . I live at 31, Lower Wood Street, and am a delivery clerk in the employ of the it. Katherine's Dock Company—on 28th January the barge Petrel was lying in the Albert Dock, loaded with wool for Bond and Storey—it was my duty to check the marks and numbers of the bales as they were put on board—155 bales were checked into the barge—here are 12 of the canvas covers here, they were iron bound—I find in my book, marks corresponding to 11 of them, and on the 12th the marks, although not so distinct, correspond to the best of my belief—I have no doubt whatever about them.
Cross-examined by MR. WILLIS. This J. H. on the other side was not there then.
JAMES LEONARD . I am employed by Lloyd John Bond, a lighterman, who trades as Bond and Storey—I assisted in loading 152 bales into the Petrel in the Central Albert Dock, Woolwich—we finished at noon and it was taken charge of by Tanner.
WILLIAM TANNER . I am a lighterman, in the employ of Bond and Storey—on 30th January I navigated the Petrel from the Albert Dock, and made her fast to the steamer Sperver, lying off Bermondsey, moored in the river away from land—I left her securely moored with chains, between 8 and 9 p.m., and went ashore—I went back about 11.30 and the Petrel was gone—I found her at 10 next morning being towed by a steamer and in Dupree's charge—the top layer, about 12 bales, had been taken away—some time afterwards I was taken down to Halifax, in Yorkshire, to Mr. Hazelden's, where I saw some wrappers of wool, 12 of which corresponded with those on the barge—some of the marks were smeared—I found on two of them some cuts where I had lashed them to the tarpaulin, and some fresh marks, as J. H. 1 to 12."
ROBERT CALLOW . I am a lighterman, of 22, Martin Street, Jamaica Road, Bermondsey—on 30th January, about 11 p.m., I was on a craft off Downing's Road, Mill Stairs, and saw a man on one of the barges in the river alongside the Sperver, to which several craft were moored—he got into a boat, I wanted a cast and hailed him; he came to me and I got into his boat—it was the prisoner Bentley—he put me on board a sailing barge and went away in his boat; he was alone—I knew him before as a lighterman.
Cross-examined by MR. COLE. I got into the fore part of his boat, and he rowed with his back to me—I said "Halloa, is it you?" and he said "Yes"—I said "Whose boat is this you have got here?"—he said "Hammond's"—this was at about 11 o'clock—I said at the police-court that I knew Bentley's face, but never had any conversation with him—I knew Dupree—I did not say to him "Who is this man, has he anything
to do with the case?" alluding to Bentley, nor did he say "That is Bentley"—I said "That is young Bentley, ain't it?"
Re-examined. I have known Bentley occasionally for five years off and on—I talked to him before I got into his boat—I have no doubt at all that Bentley is the man who rowed me.
GEORGE DUPREE . I am a lighterman employed by Bond and Storey—on 31st January I was sent for to take charge of the Petrel—I found her moored near the Tunnel Pier, and took her to the Spencer, and found Tanner on board.
Cross-examined by MR. COLE. I saw Callow at the police-court on one occasion—I saw Bentley outside—Callow did not say to me "Who is that man?"—I merely said to Callow "What are you doing up here?"—be said that he was on the wool job, and I said "There is Bentley there"—that is all that passed.
LLOYD JOHN BOND . I am one of the firm of Bond and Storey, lighter men, of St. Dunstan's Hill—on 30th January we had 155 bales of wood, value about 283l., to be shipped on board the Spencer—these 12 covers relate to 12 of the bales; they were covered with canvas and iron bound—Nicholls was in our employ about two years ago as watchman, and we were in the habit of shipping wool at that time—I heard of the loss of the wool next day, and could not trace it for some time.
Cross-examined by MR. WILLIS. We had not bought or sold the wool, we were shipping it for Corn and Henline, of St. Mary's Hill.
GEORGE INGS . I am gate-keeper at the Commercial Gas Company's, Wapping, nearly opposite Foundry Wharf—on 31st January, about 5.30 a.m., I was passing Foundry Wharf, and saw a large ran pull up there with one horse in it—the name of Mahoney was on it—she is a coal and coke dealer in New Gravel Lane—it backed into the wharf, and I saw four men putting some bales of wool into it—it is a very very wharf—about a quarter of an hour or 20 minutes afterwards I locked out again, and found the gates closed and looked up.
JOHN GROVES . I am a coal porter, of 74, High Street, Shadwell—on Wednesday morning, 31st January, I was with some other men on the bridge of the London Docks, Wapping, and saw a van there with the name of Mahoney on it—two men were with it, Henry and Nicholls to the best of my belief—there was a difficulty in getting it over the bridge—it contained bales of wool, about 4 cwt.—I assisted and gave the a above up—I picked Henry out from a number of others at the police-station—I left the van standing there, we could not get it on.
Cross-examined by MR. COLE. I don't know whether the shafts were broken—it was very dark at 6 a.m. in January—I said at the police-court "I don't swear positively to the men"—I was going to work, and was only 5 or 10 minutes on the bridge.
Cross-examined by MR. BLACKWELL. Nicholls and Henry were placed with 16 or 18 other Working chaps at the police-station—I did not pick out Nicholls, but I said that the man resembled him—I am not certain.
of horses to take a van to Bow—I told Huckell to take the horses, and he did so—they came again a day or two afterwards, and Bentley gave me 5s. for the hire of the horses—I entered it in the day-book in the name of Cotton, because when the man booked his work at night he said that one of them was related to Cotton, a rag merchant.
GEORGE HUCKELL . I am in Mr. Vile's employ—on Wednesday, 31st January, I took two horses from his premises, and went with Henry and Bentley, who were in the yard, to Fox's Lane bridge, which is close by the Wapping entrance of the London Docks—we got there about 7.30 a.m., and found a van with no horse in it—I drove the van to Bow, to a place opposite a church or chapel, and they went with me—the van was loaded with 12 bales of wool—it had a pole, and when I put the horses to I saw some broken shafts by the side of the dock palings—there were some small wooden gates between two houses where we stopped, and the bales were taken in there—no name was up—I took the ran back, and left Bow about 9 o'clock—Henry and Bentley went back with me, and when we got to the bridge we picked up the broken shafts, and took the van to King Street, Gravel Lane, and left it there—they told me to do so—there was no name on it.
Cross-examined by MR. COLE. The bridge is about 10 minutes' walk from Mr. Vile's—three persons were engaged in unloading the van—I do not know the third.
Cross-examined by MR. WILLIS. I backed to the pavement, and a lad opened the gates, and a man came and assisted—I did not see Martin—the bales of wool were rolled just inside the gates, which are about three feet high, so that a man can look over easily into the yard—there was nothing secret about it.
JAMES HUDSON . I am in the employ of Mrs. Mahoney—on Friday night, 20th January, she had a van safe in her yard at 8 o'clock, and next morning at 8.15 I found the gates broken and the van gone—it was brought back between 9 and 10 the same morning, but I did not see it—the stable was broken open, and a pony which did not belong to us was put there—I don't know who took it away.
JOSEPH BENNETT . I am a wheelwright, of 36, Prinsom Street, St. George's-in-the-East—on Wednesday morning, 31st January, between 11 and 12, a man who I believe to be Henry, came and asked if I would repair a pair of broken shafts—I went to Mrs. Mahoney's, and found a pair of broken shafts, which I repaired, and he paid me 4s. 6d., and said they were to be left there till called for—I have known Bentley for years—he knew my address and what I am.
Cross-examined by MR. COLE. I have been there about nine years, and am known by hundreds of people.
TOM THARRATT . I am a clerk in the service of the Great Northern Railway goods department, Mint Street, City—on 31st January, about 11 a.m., Martin, who I knew as a customer, came and asked me to send a van for so many bales of wool, mentioning the number—I sent a pair-horse van—Mint Street is about three and a quarter miles from Bow—this is the original consignment note—the weight is 248.
Cross-examined by MR. WILLIS. I have known Martin four or five years—we collect his goods two or three times a week—he sends quantities of goods to Halifax.
January I went to Mr. Martin's premises, Cardigan Road, Bow, and his son and a lad named Busher opened the gates—the van backed and we loaded it with 62 bales of wool which were in the yard about. 20 yards from the gate—I took them to the Royal Mint Street Station, and young Martin handed me this consignment note, "John Martin, 92, Cardigan Road. Consigned to Mr. George Hasleden, wool stapler, Upper George Yard, Halifax, 12 bales of wool, 1 to 12. Please forward weights"—the weights were put in afterwards—I cut two or three of the bags to prevent them slipping.
Cross-examined by MR. WILLIS. A consignment note was on the table written when I went in—I had never collected at Martin's before.
JAMES MURGATROID . I am a warehouseman to Mr. Hasleden, a wool stapler, of Upper George Yard, Halifax—on 1st February, about 2 p.m., 12 bales of wool were delivered from the Great Northern Railway—the wool is there now—the police took three of the covers, and I brought the other nine to town.
Cross-examined by MR. WILLIS. Mr. Hasleden was not in, when the bales came, and Martin and his son came down in the evening, but I did not see them as I left at 5.30—I opened all the bales about noon next day and went through them to see the kind and quality of the wool—it was in a very wet condition and damaged in several places—Martin came occasionally to look at what I was doing—I was not present at the bargaining between him and Mr. Hasleden.
Re-examined. I had no invoice or advice note—the wool came first and the bargaining was afterwards—we had been in the habit of receiving wool frequently—I found the van there without any notice with 12 bales marked "J. H.," and I took them in.
JOHN HASLEDEN . I am a wool stapler, of Halifax—on 1st February, about 5 p.m., I found 12 bales of wool on my premises—I did not expect them, but I thought who they came from—I had no letter or invoice—Martin and his son, a lad of 15 or 16, came between 6 and 7 o'clock that evening—he asked if I would buy the 12 bales—I had not examined them—I said that it was too dark to see—he came again next day, and I examined the wool and bought it at 8d. a pound, and gave him a cheque for 200l. on account, for which he gave me this receipt (produced)—the wool has never been disturbed—he afterwards sent me this invoice by post—the price of the 12 bales was 159l.7s. 4d., and then some other wool from Martin, which came at the same time, is added, making 282l.—it was not rather cheap—Jowett and Son are wool dealers.
Cross-examined by MR. WILLIS., We weighed the bales while Martin was there and gave the weights to him, and then he went back to town and sent the invoice on 6th February; it is dated the 5th—I first learned on the 9th that there was something wrong about the wool—the other wool was 1s. 4d. a pound—I have carried on a fairly extensive business in Halifax 12 or 14 years—I have known Martin four or five years or more and have done business with him in wool from time to time—he has sent me wool before without any invoice or advice note—that came by the next post, but on this occasion he came himself—I have been to his place at Bow three or four times—I owed him 100l. or 150l. on account of past transactions when I gave him the cheque for 200l.—he said he was going to see Thomas Dale and Sons in Halifax, they are wool staplers, and mentioned two or three others in Bradford and Leeds who he was going
to call on—this was a fair price, as the wool was wet and in bad condition, and my man signed the railway paper to that effect, which the company have got—no difficulty has ever arisen before in any of my transactions with Martin.
Re-examined. I have often had wool from Martin before the invoice and agreed on the price afterwards—if we could not agree it would have to be taken away—it would have been worth 9d. per 1b. if it had not been wet.
GEORGE HENRY WITH . I am proprietor of Foundry Wharf, Wapping—on 30th January Nicholls was in my employ—I had one key of the wharf, and he had the other—I left the wharf and looked it about 7.45 on 30th January—Nicholls had left about an hour and a half before—it was his duty to come at 8 a.m. and open the gates for the men—I got there at 8.45 a.m. on the 31st; the wharf was not open, and the men were waiting outside—Nicholls came about 9.30—I had not given permission to have a van brought into my premises, and it was not his duty to make arrangements for shipping or unshipping without my orders—there is a gate leading from the wharf to the water, and the bar was down which I had put up the night previous—Cremer gave me this key on the 31st.
Cross-examined by MR. BLACKWELL. I have three permanent hands in my employ, and if I want help I get it outside—Nicholls was not supposed to go home that evening; I sent him to the next wharf to load flour, and he worked there till 12 at night—there was an ordinary padlock on my gate; there was nothing particular about it—I don't think many keys would fit it—Nicholls ought not to part with his key without my permission—when he came he explained that he had ricked his back while carrying flour, and when he awoke in the morning he was stiff and could not get up.
EDWARD CREMER . I am employed at Foundry Wharf—I got to the gate one morning at 8.5, and found it shut—I don't know the date—Nicholls used to open the gate at 8 o'clock, and Reardon sometimes—I waited about 20 minutes, and then went to a public-house in High Street, Wapping, where Nicholls lived—I found him there, and said "Please, Alec, give mo the key;" he gave it to me, and said "If the governor is there tell him I will be there in a few minutes"—I took the key, and when I got back I found the governor had been there and opened the gate.
WILLIAM REARDON . I am in Mr. With's employ—I remember being sent with Nicholls to St. Hilda's Wharf, which is a stone's throw from Foundry Wharf—I don't know the date—I worked there from 6 o'clock to 1 a.m.—it is not true that I had a key of Foundry Wharf that night—I got there at 8.5 next morning, and the wharf was shut up; I could not get in till Mr. With came.
Cross-examined by MR. BLACKWELL. I stayed till 1 o'clock, but Nicholls went away because he complained of his bock—I have sometimes got the key from. Nicholls and opened the gate in the morning—it is a common key—it was never left about to my knowledge.
DAVID FRANCIS (Police Sergeant), On 11th February, about 10 a.m., I saw Henry at Wapping Wharf, and said "I am going to take you in custody for being concerned with others now in custody for stealing 12 bales of wool from the barge Petrol on the 31st of last month;" he said
"All right, you need not hold me"—I said "That what you broke the shafts with"—he said "The barge Petrel?" I said "Yes," end took Him to the station—the charge was read over to him, and he said "I have not been afloat for more than a month"—on 20th February he was wearing this coat, and I said "This coat has been identified as having been stolen, I want it, "he took it off and gave it me, making no reply—it has been shown to Mr. Beasley—on 12th February I accompanied Martin's wife and another female to his cell; he had been charged with stealing wool—he said "I shall be all right, the man is here that I bought it from"—I said "Is he?" he said "Yes, Cotton, the one you call Henry; I shall be able to make that all right if I can get out"—he had been charged with Henry before a Magistrate—I knew Henry before as Henry for seven years, not as Cotton—I have known Bentley from a boy, and Nicholls about two years—I have frequently seen them together in public-houses.
Cross-examined by MR. COLE. Over a week elapsed after the loss of the wool before Henry's arrest—it was pretty well known at the water side that the wool had been lost.
JOHN RYAN (Police Sergeant). I took Nicholls on 11th February—I said "I shall take you in custody for being concerned with others now in custody for stealing twelve bales of wool from the barge Petrel on the 31st"—he said "You will have to prove that; you have made a mistake this time"—he was taken to the station, put with others, and Groves identified him—on Sunday morning, 18th February, I went to 28, Green Bank, St. George's-in-the-East, and saw Bentley—I told him the charge—he said "I know nothing about it"—he was taken to the station and identified by Appley and Stanford.
Cross-examined by MR. BLAKWELL. Groves walked over to Nicholls and said "That looks like the man"—I said "Go over and touch him," and he went and pointed him out, but said "I will not swear to him; he looks like the man."
Cross-examined by MR. COLE. Bentley was kept in custody about an hour on 11th February and let go—I arrested him again on the 18th.
Re-examined. When he was let go Stannard and Hinkley had not seen him—we could not get our witnesses that day—there were more than eight or nine men with Nicholls when Groves touched him.
SAMUEL HOWARD . I am a sergeant of the Criminal Investigation Department—before Nicholls was taken I saw him at Foundry Wharf—I said "Is the governor in?"—he said "No"—I said "You are the foreman"—he said "Yes"—I said "We are police officers"—he said "Yes, I have known you some time"—I—said "Did you have any wool landed here on the 31st, last Wednesday?"—he said "No"—I said "Have you any wool here?"—he said "There are two bales; you can see them"—I said "I don't want to see two bales; there have been 12 bales stolen. How many keys—are there to the wharf?"—he said Two"—I said "Who keeps them?"—he said "Mr. With keeps one and Reardon the other"—I said "Who is Reardon?"—he said "The man that drives the crane"—I said "Who had the key on the night of the 31st?"—he said "Reardon"—I said "Call Reardon"—he did so, and he came from upstairs—Nicholls said "I did not come till 10 o'clock this morning, as I hurt my back lifting flour over night"—I said "Do you think it possible any one else has key to fit your look?—he said
"No, not now, for ours is a new lock; the governor only bought it a few days ago; the old lock was broken by a van backing in," and showed it to me—I said "I will call again during the day"—when Reardon came he said he could not recollect, and Nicholls went to the water side with a constable—I went at 9 p.m. on the 10th to Martin's house, 62, Cardigan Road, Bow, and saw him in the street—I said "Your name is Martin?"—he said "Yes"—I said "We are police-officers; I want to speak to you a moment, how do you account for the 12 bales of wool you had on your premises on the 21st?"—he said "I did not have 12 bales of wool on the morning of the 21st"—I said "How do you account for the 12 bales of wool you sent away by the Great Northern Railway that day?"—he said "Yes, I sent 12 bales away"—I said "Who did you get them from?"—he said "I don't know, I make up bales and send them away"—I said "Those bales have been identified as stolen from the barge Petrel on 31st May; I shall take you in custody for stealing and receiving, have you any invoices or documents for them?"—he said "No"—on the way to the station he said "I buy and sell at the dock wharves;" and I believe he said "On the Exchange, and shall be able to prove it; a man named Ronalds buys for me"—he was detained at the station, but not charged—I went the same day to his house, 62, Cadogan Road, Bow—there are two private houses, and a yard between them with a pair of green gates about 6 feet high—they are not open palings—no name was up, and there was no show—I searched the house, and found 3 dozen and 9 new coloured shirts, 11 white shirts which had been worn, 7 pairs of new boots in a cheffonier; I also found 4 large American cheeses—I said to Martin "I have found a number of shirts at your place, how do you account for them?"—he said, "I bought them at a sale at Leeds two months ago"—I said, "I have also found four American cheeses, where did you get them?"—he said, "I bought them at a sale at Cheapside about six months ago; I shall be able to show a catalogue of that"—I mentioned the boots—he said that he bought them of his uncle, James Martin, and that he bought the white shirts 12 months ago, he did not know where—next day I made a further search at his house and found in the back yard of No. 64 110 new pairs of trousers in two bags, and in another bag nine new overcoats, and in the front kitchen a case containing 50 pairs of new trousers, and in the yard some bales of wool, some covered with a tarpaulin of the Great Northern Railway—I went back to the station and said to Martin "I have found a number of pairs of trousers and coats on your premises, where did you get them from?"—he said "From a man named Clegg"—I said "Who is Clegg?"—he said, "A friend of mine who is dead; he trusted me on his dying bed to take them and do the best I could for the widow with them; he lived in Swallow Road, but I cannot tell you the number"—I said, "I have also found a tarpaulin belonging to the Great Northern Railway"—he said "One of the men left it there"—I said, "What is his name?"—he said "I don't know"—I said, "How long have you had it?"—he said "Since last June"—I also found this cheque-book, diary, scribbling diary, letter book, and a landing note of 7th June, 1882.
Cross-examined by MR. WILLIS. He did not tell me that he got the 3 dozen and 9 shirts from Clegg, nor did I say "Why, you told me you got them from Leeds"—I am not instructed to interrogate prisoners—I put
down the conversation in this book (produced)next morning, Sunday, and some of it in Martin's presence—there were quite 40 bales of wool in the yard, if not more—I made no inquiries about Mrs. Clegg.
Cross-examined by MR. BLACKWELL. I have not got the original note of my conversation with Nicholls, I tore it up, as it was so long in my pocket that it became illegible.
GEORGE REED (Police Inspector). On 20th February, when Martin was at the police-court, I took from him this coat which he was wearing (produced), and told him it had been identified as being stolen—he said "Yes, this is one I had with the others, the same as the new ones, from Clegg"—it is like the one taken from Henry—the bridge where the cart broke down is on the way from Foundry Wharf to Bow.
Cross-examined by MR. BESLEY. Martin was out on bail on several occasions, and he wore the coat on the first and second attendances; that was after the search made by Francis.
MORRIS HENRY GOODMAN . I am a buyer for D. and W. Murray and Co.—I ordered some trousers and coats from Rylands for shipment to Adelaide—they were made specially for me, so that any one in this country ought lot to have them.
ROBERT MCCULLUM . I am a shipping clerk in the employ of Edward and William Marcus, of Barbican and Australia—on the 3rd January I wrote this shipping order, and sent it to Rylands so that they might send these coats and trousers out to Adelaide; and on the 4th January this other shipping order for trousers and a few coats.
GEORGE BEASLEY . I am a packer to Ryland and Son, wholesale clothiers—on 3rd January I packed two cases, 850 and 851—in 650 there were 42 pairs of trousers, each having a ticket with a mark and number inside the leg, and the name and 5310 with a cross, and in the same case were 29 coats marked 3517, and nine other coats 3518—in case 8511 packed 50 coats, all numbered 3157, and saw them put in Carter Paterson's van to go to "Foundry Wharf—I received the shipping note—the marks on the cases were like these (produced)—on 4th January I packed four other cases, 852 to 856, with 200 pain of trousers numbered 5557, and sent them by Paterson's with the shipping order to Foundry Wharf—the police have shown me 160 pairs of trousers, some of which I put into case 852—the shops' tickets on the waist-bands have all but one seen taken off, but the small ticket inside the trousers is on—any one would see the shop ticket, but they would have to look up the leg to see the small ticket—these are some of the coats out of 850 and 851—I have seen the coats taken from Martin and Henry, they are two of them.
GEORGE HENRY WITH (Re-examined). On 3rd January I received cases 850 and 851 to be shipped to Adelaide, and two cases the next day—850 and 851 were put into the barge Mary to be shipped in the Kinloch, and the others into another barge to be shipped to the Essex.
ERNEST MACKNESS . I am warehouseman to Mclntyre and Co., of Basinghall Street—in June, 1882, they made some shirts for Good, Thomas, and Co., for shipment to Adelaide—they were packed—I identify these three dozen and nine shirts—they bear the numbers 5092 and 5017.
JAMES BEVIS . I am a lighterman, and was in Mr. Wyth's employ last June—I cannot say whether cases 428 and 429 were shipped on the Alice Flat, but I think these are my pencil marks on the shipping note, showing that I took them in.
HAYERLINE. I am one of the firm of Caul and Hayerline, of 27, St. Mary-at-Hill, forwarding agents to Schmidt, of Altenberg, to whom this wool was consigned—I have got the original invoice, and the marks on these 12 covers agree with it—rain or fresh water does not injure wool to my knowledge.
J. HASLEDEN (Re-examined by MR. WILLIS). When Martin was at Halifax bargaining he offered me 16 other bales of wool, and I bought them.
By MR. POLAND. He did not tell me where he got them on the 12th—I knew that this was Australian wool—the wool in the London market in January last was not worth a fraction more than 9d. a pound, if it was in good condition—the 10 bales were forwarded—I gave various prices for them—the invoices came afterwards; I have not got them here.
Witnesses for Bentley and Henry.
WALTER LYGON . I keep the Thistle and Crown, High Street, Wapping—Bentley and Henry are my customers—a Buffalo club is held upstairs every Monday, and they belonged to it—on Tuesday evening, 30th January, the day after the club night, I saw them at my private bar between 8.30 and 9.15—I know it was before 9; they stayed till some 15 minutes after 11.
Cross-examined. Nicholls lives at my place—I am his brother-in-law, but he was hard at work on this night, and I don't think they saw him—my house is about a quarter of an hour's walk from Foundry Wharf—I was not examined before the Magistrate—my statement was taken down about two days ago—the club has not been open for the last four or five weeks, but it was open on that night for a particular reason—Henry and Bentley come there two or three nights a week, but not regularly—they are not friends and companions of Nicholls; he was never in their company I will swear—they were not in the habit of coming there almost every-night early in January, because we only made Buffaloes in December—I told Francis that they were to come to my house on Tuesday, the 30th, to a supper, and they did not come; it was a special invite from me—that
was not the night when they came from 9 to 11—my house is hardly two minutes' walk from the river—they sat in two chairs accompanied by Mr. Braine; he is not here—he holds a responsible position at the Hermitage Steam Wharf, and is the secretary of the club—he was not there all the while.
Re-examined. A new secretary and a sitting primo were elected on 29th January, the Monday before—that occurs about once a quarter—I did not trouble about the arrest of Bentley and Henry; I heard of the arrest of Nicholls, which interested me—Bentley and Henry were arrested about two Sundays after this happened on the Tuesday—the supper to which they were invited was not the night after the primo was elected—I rather think it was after their arrest.
WILLIAM DRUMMOND M'GILL . On Tuesday night, 30th of January, I was at the Thistle and Crown from 8.30 or 8.45 till 11.30 and did not leave—I know Bentley and Henry by sight—I saw them there till after 11, and I saw Braine, but not all the time—they did not leave my sight—I belong to the Friends of Labour club which meets there—there was a meeting there on this day of the Good Intent Loan Society—I heard of the arrest of Bentley and Henry on Sunday evening two weeks or not that after I had seen them there.
Cross-examined. I was not examined before the Magistrate; a solicitor's clerk took down my statement a few days ago—I have nothing to do with the Buffaloes—I was there on the Monday night from 8 to 9—I knew Bentley and Henry by name, but never went on the river with them, or anywhere else—I saw Mr. Braine here this morning.
CHARLES HARDING . I am a cab proprietor, of 29, Field Grove Mews, Cambridge Road East—on 31st January, about 6.45 a.m., I passed the Fox Lane Bridge, and saw a van with broken shafts and three men with it, Bentley and Henry were two of them—the third was respectably dressed, and I heard him say that if he would go and get two horses to pull the van away he would give him half a sovereign—I saw the third man with something on a piece of paper—I left Bentley and Henry there—I have known Bentley for years; he is an honest, respectable young man.
Cross-examined. I was there by chance, I had a cart there—I knew Henry before—the man gave the paper to Henry or Bentley, and said, "Take this up and get me two horses, and I will give you half a sovereign," and they both went away together—I saw the broken shaft.
Re-examined. In a break-down like that 10s. would not be an extraordinary price.
EDWIN ARNOLD . I am a labourer, of 10 1/2, Wapping Wall—on Wednesday, 31st January, I was at Fox Lane Bridge about 6.45 and saw a broken-down van there, and the shafts in front—I saw I believe Henry and Bentley there, and heard a pair of horses and a half-sovereign mentioned.
Cross-examined. I was not examined before the Magistrate—I had seen Bentley and Henry before, and knew their names.
Witness for Nicholls.
WALTER LIGOR (Re-examined by MR. BLACK WELL). I am Nicholls's brother-in-law—on 30th January I had just closed the doors at 12.30, when Nicholls put his hand to the door; he was smothered with flour—he sleeps at my house, and his wife acts as servant—I went out at 9.40 or 9.45 next morning, and he had remained in all the time—he could
not get out during the night without my fastening the door after him.
Cross-examined. He sleeps at the top of the house with hit wife, who is cook and servant—we open the house about 5 a.m., but we are not punctual—it was not her business to be up at that time—my wife opens the house as a rule, and the servant remains in bed—this is 10 minutes' walk from Foundry Wharf—I heard of the loss of this wool—the Sperver was moored a long distance off, on the other side of the river, not directly opposite—Nicholls usually left about 8 a.m.—he was not bound to time.
By the JURY. When Nicholls came home he said "I feel that stiff," but if he had hurt himself I think he would have had a doctor.
The following witnesses were called for Martin:
GEORGE MARTIN . I am the eldest son of the prisoner Martin—I am 15 years of age—I left school last year—since then I have been doing what I could to assist my father in his business—I was taken into custody at the same time as my father, and was charged with receiving these 12 bales of wool—the Magistrate dismissed the charge against me—my father deals in wool—I have assisted in copying invoices into this book—many of them are in my writing—I generally get up in the morning from 8 to 8.30—on the morning of 31st January I was up when the wool came—I sleep dowstairs in the kitchen—I heard a knock at the door, and Alf (Bush) went to the gate—he was also taken in custody, and charged with receiving this wool, and was discharged by the Magistrate—when the gate was opened I saw 12 bales of wool in bags in a two-horse van—I went to my father, who was in bed, and said "Father, Henry has brought some wool"—he said "Very well, I will be down presently"—I went down and told Henry that father was not up—he said "Very well, that does not matter now"—the wool was rolled in while I went to tell father; it was put in the yard—there was about 20 other bales of wool there at the time, before the 12 were taken in—they were left in the yard until the Great Northern Railway men came and fetched them away about 1 o'clock—I was there at the time—I could not say how long this tarpaulin had been in the yard; I had seen it there—at one time father had some wool to go away, and the Great Northern Railway men left it underneath the bales; they were constantly coming to the place—the next day after this wool went away I went with father to Halifax, and there saw Mr. Heselton—he also went to Jowetts and Barker, of Leeds, and Rose, of Halifax, for business purposes—they are all dealers in wool with whom he had done business—we returned on the Saturday, 3rd February—this invoice (produced) is my writing—I made it out, under father's instruction, before it went away—I put the date on it at the time; it is the 5th—that was the date on which I made it out, and then it was sent off to Mr. Heselton's—it was copied into this invoice-book because the copying-press we used was broken—it was a wooden one—I believe that was the only reason why it was not copied—I usually copied them.
Cross-examined. The Henry I have spoken of is the prisoner Henry: he is the man who came with the van—Bentley came with him—there was a third man, a carman—I could not swear to him—I think I knew Henry by name—he had brought wool once or twice in small quantities—we never had such a lot before from him—I did not know that he was
a working lighterman on the river—he gave father a card—I did not know where he lived or where he carried on business—I knew Bentley by name—I did not know that he was a working lighterman—he was in the habit of coming with wool when Henry brought some—I did not know his Christian name—they generally came together when wool came—I did not know where Bentley lived or his place of business, or anything about him except bringing wool—I did not know Nicholls at all—I did not know that this van load of 12 bales of wool was coming—my father did not come down till about 10.30, after the wool was all unloaded—I don't think the bales were bound with iron—I know Mr. Heselton; we had done business with him before—I believe my father saw the bales when he came down—he examined the wool after he had had his breakfast; it was piled up in the yard; we had no room for any more—this (produced) is father's scribbling diary—these entries on January, February, and March are mine—it contains a sort of ledger account with Mr. Heselton—the transaction of 6th February, 12 bales, 159l., was entered on foolscap, I believe; I don't know why it was not entered here—the entry of February 5th is my father's—he marked these bales—they were sent off at about 1 o'clock in the day—no invoice or slip of paper or anything was left with the bales—my father has had considerable experience in the wool trade—I did not notice all the shipping marks on the 12 bales—Henry promised to send an invoice on—he said "Tell your father that the invoice is to follow"—it never did follow—I suppose you have got invoices of the previous transactions among the books somewhere—this receipt for the 200l. we got at Halifax is my writing; I signed it in my father's name—I don't know why he did not sign it; I dare say he can write—we came back on Saturday, 3rd February—I believe father paid Henry and Bentley—I did not see him—I don't know that he paid them; he told me he had paid something on account—I have not got the receipt; I never saw it—I do not see any cheque among the counterfoils in this cheque book paid to Henry or Bentley—I don't know whether the 200l. cheque from Halifax was paid into father's bank—I made out this delivery note; my father told me what to write—I did not know the weight; our scales are not large enough to weigh them—my father has no name up outside—he does not deal in anything else but wools that I know of—I knew he had the boots, not the trousers or coats; I knew he had some shirts—I did not know who brought them, or when—Alfred Bush assists in the business—I examined the bales in the yard before my father went to the Great Northern.
Re-examined. I don't know what became of the card that was brought; father has looked for it—I heard that the police had a similar one—the card we had described their business—I did not see it; father told me what it was. (The officer produced a card found on Henry, which had on it, "Bentley, Henry, and Co., rope and canvas merchants, 30, Greenbank, St. George's-in-the-East. Best price given for old metal and ships' stores. Ships and warehouses cleared on the shortest notice.") Bentley had brought some wool to my father's before, and he had bought and paid for it.
HENRY WICKENS . I live at 173, Tredegar Road, Bow—I have known Martin for nearly 10 years, carrying on business in Cardigan Road as a dealer in wool and sheepskins—I knew a man John Clegg; he carried on business in Bevans Road, Bromley—this (produced) is one of his memorandum forms—I knew him for the last four or five years—in January last he had been ill some time; about the 16th he was very ill,
and he died on Thursday, the 18th—on the Monday before he died he sent me to Martin's to borrow some money; I got 6l. from Martin, and took it to Clegg—I saw these two documents (produced) written—I saw Clegg write them two or three days before he died, and I gave them to Martin; that was not at the same time I borrowed the money—I believe I borrowed the money before, but I am not certain of the day; I took them to Martin—I did not read them to him, if I did I have forgotten. (These memorandums being read, one was addressed to the St. Katherine Dock Company: "Please deliver to Martin the bales now lying to my order, and oblige yours truly, JOHN CLEGG."The other was: "Mr. Martin, I have sent you the delivery order, please cash per return.") I was in Clegg's room on the Tuesday before he died—I recognise this document; it is dated January 16th, 1883—it was written out by Martin, and Clegg made that cross and I signed my name there—Clegg wanted us to be executors to dispose of his goods after his death, and Martin wrote that out—Clegg was very bad at the time that he made the cross—it was in another ink and my own pen; I generally carry an ink bottle with me when I am making deals, to make a memorandum, I cannot always trust to my memory—I am a general dealer. (This memorandum was dated 16th January, 1883: "I, John Martin, do undertake to sell all goods for John Clegg, and repay myself 64l. on balance borrowed, the balance to be given to his wife and daughters.") It was well known that money was owing to Martin; I knew it—I actually saw Martin lend Clegg 25l. myself, or I knew it at the time—I did not actually see the money pass, but I understood it did—Louisa Clegg, the daughter, was present what this document was made out, and when the cross was put by the dying man—after Clegg's death Mrs. Clegg received some more money from Martin on Clegg's behalf—I saw Martin give 10l. to the daughter—Clegg had one man in his employ—after his death I paid the man; Martin gave me the money to pay him with—I don't know how much, I never made a memorandum of it—after Clegg's death I removed his goods to Martin's in a van—Martin was with me—it is impossible to tell all I moved, because there were so many sundries; I counted them at the time—there were six or seven bags of what they call skin pieces, about 15 cwt. of wool sweepings, and there were some bags of clothes, but I did not have a good look at them, because it rained so much—there were some cheeses, there were two in one bag—there was what looked like white linen, but what it was composed of I could not tell—all the things were moved to Martin's place in the week Clegg died—I had to do with his funeral—Fox was the undertaker—I saw the money paid, 8l. 15s.—this looks like the receipt—Martin paid it.
Cross-examined. Clegg was laid up in bed 9 or 10 days before he died—he was a dealer and fellmonger—he had been ill for 12 months—I knew him very well—he died at 25, Swatt's Road, a private house; there was no name up—he dealt in everything almost—he dealt in bags of every description—he had no one in his employment, and no shop—I paid a man after his death, but that was only a man that used to be with him for a short time previous to his death—I could not tell you who wrote the date to this document—I saw Martin write it, and I signed it—I did not write it—the date is 16th January, 1883—I carry my ink with me at times; I have got some with me to-day—it is marking ink—I don't know that my signature appears to be in the same ink as the
date, I am not judge enough of that—I saw Martin write it; I believe he wrote it at home; at Mr. Clegg's house, I believe, I am not certain—I do not know any of the other prisoners—I don't know how Clegg got any of these things.
Re-examined. My ink is marking ink, what they mark bags with, or anything like that—I believe the X was made first, before I wrote my signature, whilst I was in Clegg's room—he was not in bed, he was sitting up at the time, but not dressed, I believe—I am sure this is the document I signed.
LOUISA CLEGG . I am the daughter of the late John Clegg—I am 19 years of age—I have known Martin for some years, doing business with my father occasionally—I saw him at the house shortly before my father died—I have seen this document before, this is my father's X—I saw him put it there—Mr. Wickes and Martin were present at the time—after my father's death I received 10l. from Martin to get mourning; he also paid for the funeral—I can't say that he has paid any other moneys or me—I did not see Mr. Wickes move the goods from my father's house—these (produced) are some of my father's papers—all his papers were handed over to Martin after my father's death—these are two of his receipts—Mr. Wickes and Martin were at the funeral—I have not had my conversation with Martin about the goods that he moved.
Cross-examined. My father was ill for some time before he died, but only in bed 10 days—he had no shop—I can't say whether anybody assisted him in his business—I lived in the house; he used to keep a man to look after the horse and cart—I was in the room when this document was signed—I can't say that I was present when it was written out—I saw father put the X—I can't say whether the document was brought there written, or whether it was written in the room—I do not know either of the other prisoners—I have never seen them before to my knowledge—I do not know where the goods came from that were taken away by Martin after my father's death.
Re-examined. My father's warehouse was apart from the house, not very far.
Martin, Nicholls, and Bentley received good characters.
HENRY, NICHOLLS,** and BENTLEY— GUILTY of stealing.— Five Years' Penal Servitude .
MARTIN— GUILTY of receiving.— Seven Years' Penal Servitude .
Before Mr. Common Serjeant.
556. CHARLES SMITH (35) PLEADED GUILTY *to uttering and being in the possession of counterfeit coin; also to a previous conviction of felony in June, 1879, in the name of Martin Scarborough .— Two Years' Hard Labour .
MESSRS. POLAND and GOODRICH Prosecuted.
CAROLINE HAYS . I keep a music shop at 96, Walworth Road—on 23rd February, about 5.30 p.m., I served the prisoner with a threepenny violin string—he gave me this half-crown, and I gave him two shillings and three pennies change, and put the coin in the till, where there was no half-crown—a short time afterwards I found that the coin was bad,
and gave it to Inspector Hunt—on 17th March I was sent for to Lambeth Police-court, walked down the passage through the cells, and identified the prisoner—I saw six with him.
CHARLES BODY . I am in the employ of Max Longman, of Walworth—on 17th March the prisoner came in for a pork chop—the butcher served him, and he gave me a half-crown and a penny—I took it to Miss Mummery in the parlour, who tried it and found it bad, and sent for Mr. Longman.
WILLIAM LONGMAN . I am a butcher, at 13, Westmoreland Road—I was sent for from my other shop, and found the prisoner there—I received this half-crown, and the prisoner said "I took it from my master in the City"—I asked where he lived—he said "At Battersea"—I gave him in charge with the coin—he said that he did not know it was bad.
GEORGE GLABBER (Policeman P 157). Mr. Longman gave the prisoner into my charge with this coin—he said "All right, I will go quietly with you"—he said at the station "I got it in change for a half-sovereign in the City yesterday afternoon at the Globe public-house, London Wall—I found on him a sixpence and threepence.
The prisoner, in his statement before the Magistrate and in his defence, contended that if he had known the coins were bad he had plenty of time to escape, and stated that when Hays looked into his cell she said that there was no one there she knew, and then turned and said" Unless it is this one "pointing to him; "if it is so he had a different overcoat on," that he had no other coat, and did not offer a half-crown to her.
CAROLINE HAYS (Re-examined). I did not say "Unless it is this one;" I said that I was certain he was the man, and I am quite certain—I said "If it is so he had a different overcoat on"—I could not see it properly in the cell, but it was a brown coat—he had a brown overcoat when he came to me.
Witness for the Defence.
GUILTY of the second uttering.— Six Months' Hard Labour .
MR. POLAND Prosecuted.
WILLIAM GILL (Detective L). On 22nd March, about 1.30 p.m., I saw the prisoner running down Hale Street, St. George's "Road, and two other men running in front of him—I stopped him, and said "What are you running for?"—he said "Nothing"—he was very violent—Gray came to my assistance, and then he said that he was running from the public-house at the top of the street—I took him there, and the landlord said that he had not been there—I said "What have you got about you?"—he said "Nothing"—I said "I shall have to search you"—he said "No
you won't"—he had his left hand in his trowsers pocket, and it took two of us to get it out, and Gray took a parcel from his hand and opened it—it contained three bad half-crowns and five florins—he said "A man gave me the price of a pot of beer to hold it for 10 minutes"—we were in plain clothes—the other two got away.
Cross-examined. I could not have caught the other man—he has not got the case up for me—I do not know that he has worked at the Surrey play-house ever since.
FREDERICK GRAY (Policeman L 76). I was with Gill in plain clothes, and saw the prisoner running with two other men—Gill stopped him, and I ran after the others, but Gill called me back as the prisoner was trying to get away—we took the prisoner to a public-house and searched him—we got his hand out of his pocket after a struggle, and found in it this parcel, with three half-crowns and five florins—I think they were all together, but I pulled the paper open—he had fourpence on him.
Prisoner's Defence. If the publican was here I should get out of it. I have been six weeks waiting for trial, and they have had plenty of time to get him here. It is a completely got up case.
GUILTY .— Eighteen Months' Hard Labour .
MR. NORTH Prosecuted.
WILLIAM KEMPSHELL . I live at St. Olave's Chambers, Tabard Street—on 81st March, about 10.30 p.m., I had just come over London Bridge towards the Borough, and Burke stepped up to me under the railway arch and said "Are you going for a walk?"—I said "I don't want any hand with you at all," and turned towards the station—she pushed me against some shutters, and I found her hand in my right trousers pocket—I said "Don't take those few halfpence, it is all I have got"—I had a shilling and a few pence in my purse—I pressed her hand and Connor stepped up and hit me on the mouth with his fist and loosened two of my teeth here, and two more here, and one was taken out at the station—a constable came up and Connor went away, but was brought back—I was almost insenseless.
Cross-examined by Connor. The inspector did not check the policeman several times for answering instead of me.
Cross-examined by Burke. I did not speak to you and we did not go round the corner together and stand five minutes against the shutters, I did not know that there were any shutters till I was knocked down—I did not put my hands round your neck—neither of you picked me up: I think it was the policeman.
WALTER BATEMAN (Policeman M 110). On 31st March, about 10.30, I saw Burke in Denman Street, she pushed Kempshell very violently up against the shutters—he shouted out "Get away from me, I want nothing to do with you"—Connor then crossed the road and struck Kempshell a violent blow on his mouth with his fist and knocked him down on his back on the pavement—they saw me coming and Burke picked him up and Connor walked away as fast as he could—I caught him—he said "What is the matter?"—I said "You had better come back to see"—I took him back—kempshell was bleeding very much
from his mouth—he gave both the prisoners in custody—Connor was very violent and said that he would go to no b police-station—I struggled with him and Bold came up and took Burke—the charge was read over at the station and Connor said "If you don't say two months on Monday morning I shall call on the inspector as a witness"—the divisional surgeon saw Kempshell at the station, and finding one tooth hanging to the gum, pulled it out with his fingers, and two more teeth were very loose.
Cross-examined by Connor. The inspector did not tell me to mind my own business and not tell the prosecutor what to say.
Cross-examined by Burke. You asked Kempshell not to charge Connor, you said "I will walk to the station."
FREDERICK BOLD (Policeman M 244). On 31st March I saw Bateman struggling with Connor—I went to assist him and took Burke—a young man passing said "That is the woman"—she said "Yes, here I am, I know I did it; you need not handle me, I will go to the station with you quietly."
Cross-examined by Burke. I am sure you said "I did it," and not "I have done nothing."
Connor's Statement before the Magistrate. "I hit the man on the impulse of the moment, seeing him and the woman struggling."
Connor's Defence. I asked the man to leave her alone, he refused; I struck him and he fell. I walked away about my business, if I had done anything wrong I should have run away. He struck the woman, and I only did what any other man would have done.
Burke's Defence. I had plenty of opportunity to get away if I had put my hand in his pocket.
They each PLEADED GUILTY to previous convictions; Connor in September, 1873, at this Court, and Burke in 1874, at Marlborough Street.
CONNOR **— Five Years' Penal Servitude.
BURKE**— Eighteen Month's Hard Labour .
After the prisoner was charged, he stated in the hearing of this Jury that he was GUILTY of the uttering, and they returned that verdict.
561. EBENEZER REYNOLDS, FRANCES MARTHA HAMMOND (45), and HENRY ROSSER (30) , Conspiring with others to persuade Mary Spratling to take into her employment Ebenezer Reynolds, with intent to steal her goods and moneys.
MESSRS. BESLEY and TICKELL Prosecuted; MR. FILLAN appeared for Reynolds and Hammond, and MR. GEOGHEGAN for Rosser.
RALPH LEFTWICH , M.R.C.S.E., M.D. I have been attending Charles Prior, of the Crown, Bird Street, Lambeth, beer retailer, for 11 days—I saw him this morning—he is suffering from ulceration of the bowels—he could not travel or give evidence without considerable danger.
EDMUND REED (Detective Sergeant). On 29th March I was at Lambeth Police-court, when the prisoners were before the Magistrate—Charles Prior was examined as a witness, and was cross-examined by Mr. Mayall
on behalf of Rosser—the other prisoners had an opportunity of cross examining him.
The deposition of Charles Prior was here read at follows: "I keep the Crown, Bird Street, Lambeth, beer retailer. Seven or eight weeks ago I advertised for a potman and barman, and Rosser called on me and told me he had been in the employ of Mr. Gardener at the Ship, Marigold Street, Rotherhithe, and that Mr. Gardener had sold the house about two months, and he wanted a situation. He said he had been employed at the Ship about a year and 10 months. He told me I should find Mr. Gardener at the White Hart in Aylesbury Street, Clerkenwell. I said I would call there about 11 in the morning. He said a friend of Mr. Gardener's kept the White Hart, and he was living there. I called at the White Hart on the following morning, I believe. I asked for Mr. Gardener, and a man behind the bar pointed to a man in front of the bar that was not the witness Gardener. I spoke to that person, and asked if he had a man named Rosser in his employ. He said 'Yes.' I asked if he had been in his employ a year and 10 months. He said 'Yes.' I asked if he was the man that kept the Ship, Rotherhithe, and he said 'Yes,' and I asked if he was honest and industrious, and he said 'Yes,' and he corroborated all that Rosser had previously told me as far as his character went. With that I left him. I felt satisfied that the man was right enough. Before I left the White Hart, Rosser came into the bar, and he asked me if the character I had received was satisfactory from Mr. Gardener. I told him 'Yes,' I and he was to come to work on the Saturday following. He came to work on the Saturday morning, and he was in my employment at the time he was apprehended. I have nothing at all to say against him as to his honesty. I can prove nothing, and I will say nothing.
Cross-examined.—I found him very industrious, one of the best servants I ever had as regards cleanness and service; I should be glad to get another like him in one respect, not in all."
MARY SPRATLING . I am a widow, and keep the Sir Isaac Newton, High Street, St. John's Wood—I saw an advertisement in the Morning Advertiser, wrote a letter, and Reynolds came to me about 11th October last year—he came to the bar, put my note down, and said he had come in answer to my note which I had written that morning—I said, "Where did you last live?"—he said "With Mrs. Hammond and her late husband"—I said, "For how long have you lived with her?"—he said u Two years and 4 months"—I said, "Will Mrs. Hammond give you a good character?"—he said "Yes"—I said, "In what house did you live with Mrs. Hammond and her husband?"—he said "The Catherine Wheel, and another house, I cannot remember the name"—I told him the work he would have to do, and he agreed to it—I said I would go and see Mrs. Hammond on the Monday—I asked how long it was since he left—he said "Three months"—he gave me the address 154, Manor Place, Walworth Road, and the time for my going there was fixed for the following Monday, between 2 and 3—he said that in the 3 months since the public-house was given up he had been removing Mrs. Hammond, and assisting her in her present residence—on the Monday I went to Manor Place, Walworth Road, between 2 and 3p.m.—it is a private house—I was put in the parlour by a young person, and she came in there—she said "Mrs. Spratling"—I said "Yes, I have come respecting the references to George Reynolds"—she said "I will be
very pleased to give him a good character"—I said, "Is he honest, sober, respectable, and a good servant I" and she said "Very; I can highly recommend him"—I said, "How long has he lived with you?"—she said "Two years and 4 months"—I said, "How long has he left you "?—she said "Three months, but he has since been helping me to arrange this house"—I asked her if he came of a respectable family; she said "Very"—she said she had kept the Catherine Wheel in the Borough, and another house which I cannot remember the name of—she said Reynolds had lived with her late husband, and in consequence of what she said I engaged him, and he entered my service that day week; I do not know the dates—he remained in my service till 15th January—on that day I said, "I hear you have come to me with a false character; I do not accuse you of theft, for I do not know whether you have robbed me or not"—I showed him the report in a paper of a previous conviction—he said "Oh, that is my brother"—I said, "Well, if it is your brother you cannot be answerable for your brother's transactions, and you can go on with your duties"—there was another man, Ebenezer Reynolds, mentioned in the paper—I said, "For this man also I hear there is a warrant, but I don't know if it is correct"—he said "It is me, and I will go"—I paid his wages, and he went—he had been with me about 10 weeks.
Cross-examined by MR. FILLAN. The paper was shown to me by a friend of mine; I don't know whether it was sent by Mr. Maitland, solicitor to the Licensed Victuallers' Association, or who it came from—Reynolds was a good barman, and did his duty towards me as far as I know—I don't know what the warrant was—he came to me as George Reynolds—I don't come here to say anything against him.
Re-examined, My takings are very irregular—I cannot say if they were the same while he was with me.
THOMAS HARRIS . I keep the Golden Anchor, Ebenezer Road, Nunhead—on 15th February I saw an advertisement in the Morning Advertiser, and in consequence went to 59, Burning Bush Road, Peckham—I left a card there—the same evening Reynolds came to me and brought the card with him, and said "I have called in reference to your inquiries at 59, Burning Bush Road"—I said "Yes; where have you been living?"—he said "At the Ship, in Marigold Street, Bermondsey."—I said "How long have you lived there?"—he said about 13 months, and had left about seven weeks, and that the late landlord was Mr. Gardener—he gave me this piece of paper at the last interview, and an appointment was made that I should go to Mr. Hoare's, the Ship, Marigold Street, for his character—it is "Gardener, at Mr. Hoare's, the Ship, Marigold Street, Bermondsey"—he said Mr. Hoare was the present landlord—I went the following night to that address—I saw the present landlord there; his name is Hawes, not Hoare—a stranger was there—I asked for Mr. Gardener—Hawes pointed to this person, and asked me to go round to the other side, and showed me into the bar parlour—there was a person there whom I believed to be Mr. Gardener, and I addressed him as such, and told him what I came about—I said I had come according to appointment by Reynolds, who was to be taken into my service—I said "How long has the barman Reynolds lived with your?"—he said "About 13 months"—I asked him how long he had left—he said "A
few weeks," and that the change had taken place about seven weeks—I asked if Reynolds was honest, sober, and quick at the counter—he said "Yes"—I said "Can you recommend him?"—he said "Yes, and he is downstairs if you like to see him"—he was called up—I told him I was satisfied with what I had heard, and he could enter my service in the morning, and he came—no statement was made that he had been for 10 weeks with Mrs. Spratling—I did not know of that engagement—I believed that he had been with Gardener, and that he was honest—he remained with me about 10 days—I found my takings fall off about 8l. in that time—he would be alone in the bar for an hour in the morning and an hour in the afternoon.
Cross-examined MR. FILLAN. I found him a good barman; he understood his business and was very quick and industrious—I never saw him take anything—I cannot swear he was not honest—it was a slack season—at the time I was spoken to about Reynolds my books had been made up—my wife keeps them; I can vouch for her accuracy—she checks every night the takings of each day, and on the Saturday totals up the week—he came on 18th February—the week ending 6th January I took 82l.; that ending 15th January, 74l., 8l. less—no one robbed me that week that I am aware of—last year the week ending 29th July, was 85l. and the next week 95l.—our takings do not generally vary about 8l. or 9l. on different weeks—my niece and myself are in the bar—racing men do not congregate at my house—April 1st that year, 8l.; April 15th, 92l.; February 4th last year, 81l.; February 11th, 76l.
Re-examined. From 1st January to 17th February my takings in no week fell below 72l.—for the week ending 3rd February they were 77l. 19s. 2d.; 10th February, 77l. 14s.; 17th February, 78l. 14s.—the next week is 67l. 3s., and the first three days of the next week, 46l.—on 28th February, the day he was taken in custody, the takings were 9l. 17s.; on the next, 9l. 2s.; on the next, 8l. 10s.; and 14l. 13s. on the next—I am a member of the Association.
By MR. FILLAN. I received an intimation from the Solicitor to the Licensed Victuallers' Association about him—Reed, the detective, came suddenly into my bar, got under the counter, and seized him at 2 o'clock without any warning.
JAMES BENJAMIN CONDIE . I am a clerk to Mr. Whitely, the Clerk to the Magistrates for Surrey, at Newington—I have here the Magistrates' Licensing Book—the Catherine Wheel, Borough, was in the name of George James Hammond from 29th September, 1880, to 16th February, 1881—Henry Richard Dellar was the previous tenant—after 1881 it passed to Charles Thomas Buckhurst—it did not go back to the name of Hammond again—the Duke's Head, Bed Cross Street, Borough, was in the name of George Hammond from 10th May, 1873, to 10th December, 1879, and then it passed to his widow, and continued in her name till March, 1882, and the licence expired then and was not renewed—I cannot say if this is the only public-house in the name of Hammond from 1873 on the books; I have not searched—the Ship in Distress, Marigold Street, Bermondsey, was in the name of Richard William Gardiner, from 28th March, 1879—there is no other "Ship "than that in that street—on 17th January, 1883, it was transferred to Henry Hawes—it was never in the name of Hoare.
Cross-examined by MR. FILLAN. From 16th February, 1881, the Catherine Wheel was in the name of Jerusha Walker—Walker might have the license, but Hammond or his widow might remain in.
DANIEL CRANE . I am a potman at the Nun, Mint Street, Borough—I was employed at the Duke's Head, Bed Cross Street, in Deller's time, previous to Mr. Hammond's taking the house—Hammond went in in 1873, and I continued there till it closed in March, 1881—I was there when Hammond died, and afterwards in Mrs. Hammond's time—the prisoner is the Mrs. Hammond I know—I was laid up three times for a fortnight or three weeks at a time while I was there—they had a man in to take my place—Reynolds was not one of them—he did not serve there as a barman to my knowledge while I was there—I stopped in the house some part of the time—I was there every day, except when I was ill or out for a holiday.
Cross-examined by MR. FILLAN. I have frequently seen Reynolds there as a customer, three or four times a week—he was not a friend of Mr. and Mrs. Hammond's to my knowledge—I saw one son of Mrs. Hammond about 20, and a daughter, at the police-court—they did not call either of them to say whether Reynolds was a barman, they would know as much about it as I did—Reynolds used not to help there to my knowledge, I never saw him—I should not like to swear he did not help occasionally—I was there 7 or 8 years from 1878—I was there nearly 12 months after Mr. Hammond died.
ELIZABETH MCCARTHY . I am the last witness's mother—I am married to Richard McCarthy, and live with him at George Yard, next door to the Duke's Head, Red Cross Street, Borough—I have lived there for 39 years—during the whole of that time the Duke's Head was kept by Mr. and Mrs. Hammond—I never saw any other barman than Henry Crane—I went into the public-house when my brother was laid up—no one took his place, only Mrs. Hammond's children; nobody was employed there except in the tap-room—I never saw two strange men assisting behind the bar—I saw them doing the potman's work in the tap-room, neither of them was Reynolds.
Cross-examined by MR. FILLAN. I never saw Reynolds before—I never saw him employed there—I never saw him as a customer.
MARY SMART . I am the wife of John Alfred Smart, and we have resided at 6, Thomson's Buildings, Bed Cross Street, for 22 years—I have known the Duke's Head during all the time, Mr. and then Mrs. Hammond had it—I did needle work there for Mrs. Hammond—I never saw Reynolds there—I used the house frequently.
Cross-examined by MR. FILLAN. Mr. Reed came on Monday morning and asked me if I had ever seen anybody behind the bar except Crane, and, I said "No," and he gave me a paper.
WILLIAM BETTS . I have lived in the neighbourhood of the Duke's Head 9 years, and knew Mr. Hammond and then Mrs. Hammond up to the time the house closed—except when Crane was ill there was no other barman or potman employed there to my knowledge—I used the house frequently—I do not know Reynolds at all.
Cross-examined by MR. FILLAN. I believe Reed found me out.
Cross-examined by MR. FILLAN. Previous to his leaving I had no communication from the Licensed Victuallers', Association, or from their solicitor, or from Detective Reed—I am a member of that Association—they did not send a paper to me, nor did a friend come into my bar and show it to me, nor have I seen it.
RICHARD WILLIAM. GARDENER . I have been landlord of the Ship in Distress, Marigold Street, Bermondsey—there is no other Ship in that street—I left on 5th December, 1882—I was there three years and nine months—I know Reynolds and Rosser as customers, but neither of them was ever in my employ as barman.
Cross-examined by MR. GEOGHEGAN. I know Mr. Gardener, who lives about a dozen doors from me; he has never been a licensed victualler—Rossa has never been in his service—mine is the only one public-house in the street—Mr. Gardener has been a customer perhaps half a dozen times in the three years.
Re-examined. I have known Gardener four or five years—he has never carried on a public-house—he is a lighterman.
EDMUND RING (Detective Sergeant P.) On 28th February I took Hammond on a warrant—I said "Are you Mrs. Hammond who keeps, the Catherine Wheel in the Borough?"—she said "Yes"—I said "Then you are just the person I want; I am a police officer, and I have a warrant for your apprehension"—she said "What for?"—I said "For giving false characters"—she said "Oh, I am not the Mrs. Hammond you want, it is my daughter"—I said "I do not know; if you will come down to the station with me I will get some one who does know you, and if they say you are not the Mrs. Hammond you will go"—I took her to the station, and she was detained—I afterwards went to the Golden Anchor, Nunhead, and took Reynolds on a warrant—I told him it was for obtaining a situation by a false character—he said "Very well, I will go quietly; Mr. Gardener only spoke for me; he gave me no character," and turning to Mr. Harris, the landlord, he said "You have nothing against me"—I said "Don't answer that question"—I said to Reynolds "If you take my tip you won't ask that question again," but he did, and Mr. Harris said "Well, you have only been in my employ about a week, and I ant 8l. or 9l. short in my takings"—I said to Reynolds "Repeat that in full "—I took him to the station, pointed to Mrs. Hammond, and said, "Who is that?"—he said "That is Mrs. Hammond"—they were both charged, and made no answer—on 13th March I took Rossa on this warrant dated that day—I read it to him—he said "I am only working this to get my brief."
Cross-examined by MR. FILLAN. The Victuallers' Association have never employed me before—it may have been 2 o'clock when I walked in and took Reynolds; I only found some coppers on him—I know nothing for Mr. and Mrs. Hammond—she is a brothel keeper, not at the Catherine
Wheel, but at number 124—I have not communicated that to the Vestry—she told me that it was her daughter who kept the Catherine Wheel—I know nothing against her honesty.
Cross-examined by MR. GEOGHEGAN. Rosser was cleaning pots when I took him—I have been to racecourses, and I think I have seen you there—"brief" with a barman means a character.
GUILTY of conspiring to obtain a situation by false pretences, but excluding the intent to steal.
MR. FIILAN moved in arrest of judgment, on the ground that the Counts upon which the prisoners had been convicted, did not show a criminal conspiracy. The Jury had negatived any intention to cheat, and therefore the intent to prejudice was negatived; also as the stating that a person had served for two years was net a fraud, but simply a falsehood. (Cases referred to, Beg, v. Ormond and Barber, Cox's Criminal Cases, 14, p. 382, and Beg. v. Parnell, ib., 408). MR. TICKELL having been heard in reply, MR. COMMON SERJEANT postponed his decision till a later day, and then declined to reserve any point, and ordered the verdict to be entered thus:
REYNOLDS— NOT GUILTY on the First and Third Counts, GUILTY on the Second and Fourth Counts.
HAMMOND— GUILTY on the Second Count only.
ROSSER— GUILTY on the Sixth Count only.
REYNOLDS*— Nine Months' Imprisonment .
HAMMOND and ROSSER— Six Month's imprisonment each, without Hard Labour .
, Before Mr. Recorder.
On MR. WILLIAMS opening, the RECORDER considered that it would not support the charge, and directed a verdict of
NOT GUILTY .
ADJOURNED TO MONDAY, MAY 28TH, 1883.