CENTRAL CRIMINAL COURT
NINTH SESSION, HELD JUNE 25TH, 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
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OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
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AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, June 25th, 1883, and following days.
BEFORE THE RIGHT HON. HENRY EDMUND KNIGHT, LORD MAYOR of the City of London; The Hon. Sir HENRY MANISTY, Knt., and Hon. Sir HENRY CHARLES LOPES , Knt., two of the Justices of Her Majesty's High Court of Justice; Sir THOMAS SCAMBLER OWDEN, Knt., Sir JOHN WHITTAKER ELLIS, Bart., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Recorder of the said City; NICHOLAS FOWLER , Esq., M.P., Sir REGINALD HANSON , Knt., HERBERT JAMESON WATERLOW , Esq., JAMES WHITEHEAD , Esq., and HENRY AARON ISAACS , Esq., other of the Aldermen of the said City; Sir WILLIAM THOMAS CHABLEY, 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. NINTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associate of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, June 25th, 1883.
Before Mr. Recorder.
MR. CARTER Prosecuted,
DANIEL COOPER (Policeman X 71). On 24th May the prisoner's husband called on me; in consequence of what he said I went to 6, Queen's Cottages, Boston Road, Hanwell—I there found the prisoner lying on the floor in the bedroom in a pool of blood, which apparently came from her arm—I was looking at her throat—she said "It is not my throat, it is my arm I have cut," pointing to it—she said "My husband is such a brute to me"—he was there at the time—I looked about for a knife; she pointed to the night-stool and said "The knife is in the night-stool"—I got a poker and opened it, and found this knife there in a pool of congealed blood.
ROBERT GRAY BURTON . I am a surgeon—on 24th May I went to the prisoner's house—I found her lying on the floor, with her head near to a commode—the floor was covered over with blood, and her clothes were saturated with blood; she was in a very exhausted condition from loss of blood; there was over two quarts of blood in the chamber utensil—the policeman got a poker and produced the knife; it was covered with blood—she said "That is the knife I used"—I had attended her before on two occasions when she attempted her life by cutting her throat, and I had great difficulty in saving her on one occasion—the last occasion was about two years ago—there was some years' interval between the two occasions—I signed a certificate with respect to the state of her mind after this last attempt, and gave it to the Magistrate—I look upon her case as one of recurrent mania that she has lucid intervals, varying in extent,
but that these outbursts of frenzy come on and she attempts to take her life—I know nothing about the domestic affairs of the family, only from hearsay.
Prisoner's Defence. At the time this occurred I was very much disturbed in my mind, and was not quite sober—I assure you I have had very great provocation—it is 10 years since the former attempt—I should like to call my husband—the interval between the last attempt and this is not more than a month or two.
GUILTY.— Judgment respited.
632. WILLIAM JOSEPH LYNCH (22) was indicted for unlawfully conspiring with Thomas Gallagher and others by the explosion of nitroglycerine to destroy certain buildings, whereby the lives of persons would be endangered.
MR. POLAND, for the Prosecution, offered no evidence against the prisoner.
NOT GUILTY .
MR. AUSTIN METCALFE Prosecuted.
JAKES JONES . I am the continental checker in the service of the South-Eastern Railway Company, at the Cannon Street station—the prisoner was a carman in the service of Israel and Jones—in the course of his duty he was properly at the station on 29th May at 10.30—he was there for a consignment of goods, and I was checking them—among others there was a small parcel containing boots—he was about 30 yards from me; he was in a stooping position—I did not observe him take anything—I missed a parcel, went after him, and pulled it out of his pocket—it contained a pair of ladies' boots which were consigned for Boulogne—I gave him into custody.
THOMAS EAMES (City Policeman 615). I took the prisoner into custody—I told him the charge—he said he was assisting the checker, as he wanted to get away with his own van—at the station he said "I did not steal them; I took them to put on the truck."
The Prisoner's Statement before the Magistrate. "The checker asked me to hand him up the parcels. I did not put the boots in my pocket."
JAMES JONES (Re-examined). I did not ask him to assist me; he was not assisting me—I did not see him take the boots—I caught hold of him by the collar and said "You have got one of my parcels, I shall have to suffer and not the Company"—I took him to the inspector; he began to cry, and said he did not mean to do it—I said "It is too late, you have already done it"—he had no business at all where he was.
Prisoner's Defence. I was there for some fruit that was to go to Covent Garden Market. I asked the checker if the things were there; he said they were at London Bridge. I was handing him the parcels, one large parcel broke, and he asked me to hand up the parcels, as they were very valuable, and he would then go with me to London Bridge.
GUILTY .— Six Months' Hard Labour.
MR. LLOYD Prosecuted.
—Louisa Bult was serving behind the counter at the time—she called my attention to four bad half-crowns and six bad shillings, and speaking loudly enough for the prisoner to hear, said "This person has tendered me this money for some stamps"—I said "Have you tried them?"—she said she had tried them in the tester on the counter—I asked him where he came from—he said "From Mile End," and presented this piece of paper (produced)—I sent our commissionaire for a policeman, and gave the prisoner in custody with the coins.
Cross-examined by the Prisoner. You did not ask for any money back when I told you it was bad—you did not attempt to leave the office; you had time enough to do so if you had been so disposed.
LOUISA BULT . I am a clerk at the Hatton Garden Post-office—on 1st May, at 4.30 in the afternoon, the prisoner came to the office and asked me for 16s. 1d. worth of 1d. stamps—he put down four half-crowns, six shillings, and two halfpennies—I called Hiss Drew to see me breaking them, and then showed them to her—I told the prisoner they were bad and asked him where he got them and what office he came from—he said he came from the Mile End Road and handed me this piece of paper and said "Road that; that is where I had the money from"—I kept the letter and gave it to the constable—the prisoner asked for it back.
Cross-examined. You asked for no money back—you did not attempt to escape from the post-office; you had time to do so—it was seven or eight minutes before the constable came.
Re-examined. People were coming in at the time—the office was crowded.
ROBERT LAMBTON (Police Sergeant 16). I was sent for and the prisoner was given into my custody—Miss Drew told me the charge, and I said I should take him into custody, and cautioned him—he said that Mr. Coxy, referred to in that paper, sent him from Covent Garden Market—Hiss Drew gave me these four half-crowns and six shillings—he went on the way to the station very quietly till we got some way, and then he saw a lot of working-men and called on them to rescue him, saying, "The constable has taken me into custody for being drunk and disorderly, and is going to lock me up"—he was not drunk—I searched him and found a good shilling on him and a plain pawnticket.
Cross-examined. You said you belonged to Covent Garden Market—I got another constable to help me on the way—you never mentioned anything about a gentleman till I searched you at the station, and then you said "You are not half sharp; the other man who had my coat had plently more"—I did not go to the address you gave me, because the Magistrate said it would be useless, the man there would be sure to deny it.
The Prisoner's Statement before the Magistrate. "I will reserve what I have to say."
The prisoner, in his defence, stated that he had met a gentleman in Hatton Garden who asked him to get him 16s. worth of stamps, and gave him the coins and a shilling for himself and contended that if he had known they were bad it was very unlikely he would have put down all the 10 pieces at the post-office at once.
GUILTY .** He then
PLEADED GUILTY to a previous conviction of having unterfeit coin in his possession.— Seven Years' Penal Servitude ,
GEORGE RYDER . I live near Hounslow Barracks, and am a labourer—the prisoner is my wife—on 2nd June, about 10 minutes to 2 o'clock, I had been to have my dinner beer and was returning to work—my wife had been away from me for a month, I don't know where—she met me in the road, pulled the cap off my head, tore it to pieces, and kicked at my private parts—she had a Knife in her right-hand pocket, handle upwards; she snatched it out in an instant and struck me close by the eye, and then on the head and face—she attempted to do it scores of times—it has hardly got well yet—I bled very much—while she was doing it she said she would do for me—I was standing up—she then caught hold of my collar and threw me into a ditch, and she was going to draw the knife across my throat when a soldier came to my assistance and pulled the knife away, and she was taken to the guardroom.
Cross-examined by the Prisoner. I did not shut you out, so that you had to go to the Isleworth Infirmary; you went away of yourself, tipsy, and came back on the Sunday night, and I told you to go back where you had come from—you broke and sold all the things—when I came home on the Saturday morning you were in bed with a soldier—I did not kick you in the stomach—I did not have two prostitutes in the house who were wearing your clothes.
ALEXANDER LOGAN . I am a private in the 24th Hussars—I was on guard on 2nd June at the Cavalry Barracks, Hounslow—about 1.50 I was told something, in consequence of which I ran out and saw the prisoner and prosecutor struggling in a ditch—she had a knife in her hand and was after stabbing him on the forehead—as I got up she was attempting to draw the knife across his throat; his head was cut and bleeding, and he was in a dreadful state—she said she would do for him—his throat was not cut at all—I took the knife out of her hand, took her to the guard-room, and sent for a constable.
WILLIAM ELLIS . I live at Barrack Road, Hounslow, and am a market-garden labourer—on 2nd June, about 1.45, I was standing in front of Colonel Phillip's house, and saw the prisoner, two girls and a militiaman come up the road—the prisoner was just in front, and as soon as she got up to the old man she pulled his cap off and said something, I could not hear what, and then she pulled the knife out of her pocket and started cutting him on the forehead and top of his head—he tried to protect himself—they fell in the ditch, and she was going to draw a knife across his throat, saying "You old b—, I will do for you," when Private Logan ran out and took the knife from her—an officer was passing at the time, who ordered her to be taken to the guard-room and locked up.
Cross-examined. I am working for Mr. Baker, of Feltham—I did not get your husband to take prostitutes into his place.
found the prisoner detained in the guard-room—the prosecutor was there also, bleeding very much from two clean-cut wounds in the head—I asked him who did it—he said the prisoner—I asked him if he intended to charge her, and he said "Yes"—I told her the charge and took her in custody—Sergeant James handed this knife (produced) to me, and she admitted that was the knife she did it with—when I charged her she said she would do for the old man yet, and he would never go against her again once she came out.
Cross-examined. Ryder did not come to me on the Saturday before with his head bleeding and say two soldiers had illtreated him—he came on the Friday, about 10.30, with his head cut and said two soldiers and you had been knocking him about; he was afraid to return to his house and went and slept in a shed, and a militiaman slept in the house with you—I saw him—you have used the old man most brutally lately; he has come to me at 11 and 12 o'clock cut about and bleeding; you are a terror to all the neighbours—you went away for a month to the infirmary because you had been breaking their windows.
The prisoner, in her defence, stated that she had been illused by her husband.
GUILTY* of unlawfully wounding. — Twelve Months' Hard Labour.
636. THOMAS BLAKE (32) PLEADED GUILTY to embezzling 6s. 6d., 8s. 11d., and 7s. 2d., the property of John Cooper, his master; also to a conviction of felony in December, 1880.— Fifteen Months' Hard Labour.
637. JOHN JAMES BAILEY (16) to forging and uttering three orders for the delivery of parchment, and to stealing 100 pieces of parchment, the goods of the United Lane Company, his masters. [Pleaded guilty: See original trial image.] Recommended to mercy by the prosecution. — Four Months' Hard Labour.
638. WILLIAM JOHNSTONE (29) and WILLIAM JONES (24) to a burglary in the dwelling-house of John Herbert Peacock, and stealing a fish-slice, three silver spoons, and other articles, of the value of 10l.— Nine Months' Hard Labour each. [Pleaded guilty: See original trial image.]
640. JOHN WILLIAM PERKINS (19) to stealing, whilst employed in the Post-office., a post-letter, containing a half-sovereign and 2s. 6d — Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
643. CHARLES HENRY PARKER* (24) to stealing a coat and other articles of Sidney Macnamara, his master, also to unlawfully obtaining 14s. from Ann Davis, with intent to defraud.— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, June 25th, 1883.
Before Mr. Common Serjeant.
MESSRS. CRAUFUBD and LLOYD Prosecuted.
mother—on 6th June my aunt gave me a sixpence and a jug to get some beer—I went to the Cambridge Arms, and gave it to the landlady, and the landlord kept the coin till my aunt came.
EDWIN RITCHINS . I keep the Cambridge Arms—on 6th June, about 10 p.m., the last witness came and gave my wife a sixpence for half a pint of ale—she handed it to me, and I found it was baa, told the child so, and detained her—I went outside, and saw the prisoner come out of her house, 57, Pollard Row—she looked into the Westminster Arms, 30 yards from my house, then into the Oxford Arms, and then hesitated a few minutes, and looked into my house—I said "Who are you looking for? are you looking for a little girl?"—she said "Yes"—I said" I have been looking for you for the last two months," caught hold of her, and took her into the bar. and said "Is that the little girl you are looking for?"—she said "Yes"—I said "We have taken a bad sixpence from this little child, who you sent for beer," and gave her in charge with the coin—I had frequently seen her in the house within the last seven months, and we have had several bad sixpence, which we threw into a drawer, and they were lost.
Cross-examined by the Prisoner. You live opposite me, and if I had been at home I should have had you at the Old Bailey weeks before this.
AMELIA RITCHINS . I am the wife of the last witness—on 6th June the girl Randall came in for some beer, and tendered a bad sixpence—I showed it to my husband—I saw the prisoner there six weeks before—she came for a pennyworth of tobacco, and gave me a sixpence—I gave her the change, and then tried it with my teeth, and they went into it—I found it was bad, and sent for a constable, but did not give her in charge—I watched her to a house—when my husband came home I gave it to him—I had at that time received another bad sixpence, but I don't know who passed it.
Cross-examined. I noticed you, because my husband told me before he went out to be very careful, and if I took bad money, to mark the man or woman.
JOHN HARRISSON JONES . I am a milkman, of 106, St. Peter's Street, Bethnal Green—I know the prisoner—she has dealt with me—some time in April she came in for some butter, which came to 4 ¼d.—she gave me a sixpence; I tried it with my teeth, and doubled it up easily—I said "This is a bad sixpence"—she said "Oh, my God, but I know where I got it from"—she took it back, and paid me with good money.
JAMES KELLY (Policeman K 178). On 6th June Mr. Eitchins gave the prisoner into my custody with this bad sixpence—she said "I did send the little girl for some beer, and gave her the sixpence; I did not know it was bad"—the prosecutor said in her presence that she lived at 57, Pollard Bow—I went there and saw Marian Jones, and in consequence of what she said I went to a room in the house and found this spoon in the grate on the hob—the fire was out—she was searched at the station, but only some pawntickets were found on her—I also found this file there, and this sixpence in the cupboard—I bent it with my teeth.
Cross-examined. You did not say that if I went to the public-house there was a man there who paid you 4s. 6d., and that you took the bad money in change.
Cross-examined. You were not at home much; you went out in the morning and came home in the afternoon—you told me you worked with Mr. M'Donald.
Re-examined. On 6th June she went out in the morning—I can't say at what time, but she came in about 3 o'clock, and was there for some hours in the afternoon—she was out between 3 and 10 o'clock at her mother's, I believe.
WILLIAM WEBSTER . I am Inspector of Coin to Her Majesty's Mint—this is a bad sixpence—this is an iron spoon tinned over, and the same kind of metal has been in it as 'is used for making counterfeit coin, and it has been over the fire—it could be used to melt the stuff with which counterfeit coins are made, and also to dip out melted metal and poor it into moulds—here is metal on this file—it is used to make the knerling good when the metal is broken off the get.
Witness for the Defence.
THOMAS MCDONALD . I am a shoemaker—the prisoner has worked for me eight or nine months, and on the day in question she went to the shop and drawed half a sovereign, and I paid her 4s. 3d. out of it for borrowed money.
Cross-examined. She brought me some work and a half-sovereign, which she had received for me from the clerk at the shop where I work, and out of that I paid her 4s. 3d. for work done and money she had lent me—I think it was a threepennypiece and a half-crown and one or two sixpences—that was on the 6th June, about 3 o'clock—I am not perfectly sure that there was a sixpence among the money, but I think so—I live about 20 doors from her, and she has worked for me—I cannot identify this sixpence.
Prisoner's Defence. Mr. McDonald paid me a half-crown and 1s. 6d.—I paid 2s. 9d. out of it to my landlady, and the rest I laid out.
GUILTY . She then
PLEADED GUILTY† to a conviction of possessing a mould for coining in September, 1878, when she was sentenced to five years' penal servitude.— Six Years' Penal Servitude.
OLD COURT.—Tuesday, June 26th, 1883.
Before Mr. Recorder.
MR. TICKELL Prosecuted; MR. A.B. KELLY appeared for Sandle; MR. BRINDLEY for Steinbaur.
FREDERICK DAVIS . I am clerk and warehouseman to Robert Outram and Co., of 13, Watling Street, warehousemen—on Saturday, 19th May, I selected certain goods and sent them down to be packed in two bales and a box by John Walters, to go to Belgium—we send them to the General Steam Navigation Company, and they instruct Messrs. Fardell, the carriers, to call for them—these (produced) are the goods I so selected—the value of them was 62l.—those I saw at Bethnal Green Police-station were to the value of about 56l. or 58l.—I recognise them by the material, and the marks and numbers on them—this is a list of the goods I saw in the possession of the police.
Cross-examined by MR. BRINDLEY. I have the handkerchiefs here; I identify them by the border and the size—there is no mark of the firm upon them—they are worth about 2d. or 3d. each—it is a common handkerchief, which may be bought in any shop—33 dozen were packed, 12 dozen were missing.
JOHN WALTERS . I am a packer to Robert Outram and Co.—on Saturday, 19th May, I received the goods from Mr. Davis to pack—I packed them in two bales and a box to go to Belgium, to be called for by Fardell's cart—about 11 o'clock a man did come and called, "Is there anything for Fardell to day?"—I said "Yes, but not ready, call again in half an hour"—he did call again in half an hour—he waited till nearly 12 o'clock—I instructed Parry to give him two bales and a box—I had not seen the man before—I looked at the van, it had a plate on it with Fardell's name—about 4 o'clock the ordinary man from Fardell's came, and in consequence of what he said I went and saw Mr. Fardell, and the same evening reported the matter to the police—I subsequently saw the goods in the possession of the police at Bethnal Green Station—I identified some of them as belonging to our firm—I have seen a portion of the canvas and also the box, this is it (produced)—it has the initials of the firm on it rather indistinctly, and the number on the reverse end.
EDWIN PARRY . I am a packer to the prosecutor—on 19th May I helped pack the two bales and a box—I put the box into the van about 11 minutes past 11 or 12 in the day—I have my receipt-book here—I entered the goods there and the carman signed the receipt for them, in the name of G. Day.
Cross-examined by MR. KELLY. I never saw the man before or since.
CHARLES EDWIN FARDELL . I am a contractor and carrier, of 4, Crescent, Minories—on 19th May I had no carman named G. Day—I do not recognise the signature in this book as the signature of any of our men—shortly after this robbery was reported to me I missed one of our plates—I have prosecuted and convicted the stealer of it.
WILLIAM OLDHAMPSTEAD (City Detective). On 26th May, from information I received, I obtained a search warrant and went with other officers to 20, Scott Street, Bethnal Green—it was a small house; a front room had got a bed in it, where Sandle did a little work in shoemaking—I saw Sandle there—I told him I was a detective officer of the City of London police force—the warrant officer produced the warrant—I told Sandle that from information I had received he had a quantity of property there which did not belong to him and which had been stolen—I searched the house, and found the property mentioned in this list—the whole of this property was in the front room, just at the foot of the bed, under the bed, and in a cupboard—I also found this box and this piece of canvas—I have nearly the whole of the 62l. worth of goods—I afterwards produced them to Mr. Davis—I told Sandle he would be charged at present with the unlawful possession of them and he would be conveyed to the City, and if they were identified he would be charged with receiving the same well knowing them to be stolen—besides the goods belonging to Messrs. Outram some linen was found in my presence by Detective Kenniston, which has been identified by Mr. Magee as being sent from Belfast to Stockholm—some boxes of buttons were also found in a cupboard, and some cards of trimming, which have been identified by Mr. Andrews on behalf of Mr. Vaughan, of Wood Street—on the
28th, when Sandle was charged with stealing and receiving the goods, He said the goods had been brought by a man he did not know; he did not know his name or where he lived—at 4 that same afternoon I saw Steinbaur at the Thames Police-station—I knew him by seeing him frequently going in and out of 20, Scott Street, the previous week, while I was watching there—he came into the station and said "Is there any one here in custody of the name of Sandle?" I said "There is a man in custody by that name, but he is not here, he is at Seething Lane"—he said "I want to leave some money for some food for him"—I said "What is your name?" he said" My name is Lawson"—I went with him to Seething Lane Police-station—I said to the inspector "This gentleman wants to leave some money for Sandle"—the inspector said "Yes, do you know Sandle?" he said "Yes"—the inspector had Sandle fetched out, and he said to Sandle in Steinbaur's presence "Do you know this man?" he said "Yes, sir, that is the man that brought the goods to my house, and we are working the matter together"—he made no reply to that—the inspector said "I did not ask you that, I only asked you if you knew him"—Steinbaur left the station—I followed him and said I should arrest him, and he would be charged with being concerned with Sandle in stealing and receiving a large quantity of goods from Messrs. Outram and Co. on 19th May—he said "Well, I have been fairly trapped this time, that is doing a pal good"—on the way to the station he said "I hope you won't take me to the shop" (meaning the station); "if you don't I can tell you where there is hundreds of pounds' worth of property"—I said he would have to go and be charged—he said "If I am charged you will get no further information from me"—at the station he gave his address 118, Backchurch Lane, Whitechapel—I afterwards went there with Detectives Latter and Kenniston, and on the dressing-table in the bedroom, in the presence of the landlord, I found these 11 cotton pocket-handkerchiefs—I took them to the station and showed them to Steinbaur and said "I found these pocket handkerchiefs in your bed-room, which have been identified as a portion of the property stolen from Messrs. Outram; what have you got to say about them?"—he said "They were left by a man; I refuse to give any further information about them."
Cross-examined by MR. KELLY. The house in Scott Street was a small, dirty house—Sandle was not at work—he came to the door to meet us—he said he was a shoemaker—I saw a few tools—there were four room to the house—all the property belonging to Messrs. Outram was not found in one room; the linen was in a back room.
Cross-examined by MR. BRIKDLEY. I forgot to mention the name of Lawson before the Magistrate—Steinbaur was very intoxicated when he came to the station; he knew what he was saying; he was able to walk—after he left the station he seemed to pull himself together—he was in the habit of going in and out of 20, Scott Street.
ELIZABETH MAYNE . I am a widow, of 118, Backchurch Lane—Steinbaur occupied a bedroom there with two others—on Saturday morning, 26th May, I saw these pocket handkerchiefs on the table in that room; and on the 28th the detectives came and took possession of them—they were still lying on the same spot.
Cross-examined by MR. BRINDLEY. They were not concealed, but lying open on the table.
CHARLES CARCHAM (Policeman). I obtained a search warrant and went to Sandal's—I asked if he was the owner of the house—he said "Yes"—I read the warrant to him, and asked if he had any goods in the house that did not belong to him—he said "Yes"—I said, "Where are they?"—He said, "There, pointing to the foot of the bed, where the greater portion of the goods were found—I said, "Have you any more?"—He said "No"—I said, "You are sure? I shall search the house"—he then said, "Yes, I have"—I said, "Where are they?"—He said, "You will find a box of linen in the back room," and it was found there, and in the top floor front I found three odd boots and miscellaneous things lying about on the bed, some of them rough-washed—it was new linen; it has since been identified.
JAMES KENNISTON (City Detective). On 26th May I accompanied Old-hampstead to 20, Scott Street—I corroborate the evidence he has given—on Monday, 28th May, I was at Seething Lane Police-station when the conversation took place between the inspector and the prisoners.
SAMUEL MCGEE . I am salesman to Messrs. Murphy and Ball, linen merchants, of Belfast—I have seen a box of linen in possession of the police; it is the one referred to in this invoice (produced)—these are the goods; they were consigned to Messrs. Rogers, Hock, and Co., of Friday Street, London, to be sent to the purchaser, Baron Rothschild—I assisted in packing them—they went from Belfast on 18th May.
FREDERICK MARCH ANT . I am a packer in the employ of Messrs. Holers, Rock, and Co., of Friday Street—on 23rd May I took a box to Whallay's booking office, Cheapside; I gave it to a man named Moon—it was addressed to Baron Rothschild, Stockholm—I have since seen that box in the possession of the police.
EDWARD HENRY HUNT . I am carman to Francis John May berry—on 23rd May I received a box at Whalley's addressed to Baron Rothschild, Stockholm—this produced is it—I put it in my cart to take to Millwall Docks—when I got to Victoria Dock the box was still in my cart—when I came from there I dropped some papers out of my pocket; I got out of the cart for an instant to pick them up, and when I got back I missed the box—it was about half-past 4 in the afternoon.
DANIEL BEAN . I am foreman to Messrs. Bourne, of Wood Street—on 11th May I saw a case packed with buttons, mantle ornaments, and fringe, and addressed it to R. Maule and Sons, Leith—I have since seen in the possession of the police some boxes of buttons similar to those that were in the box.
JOSEPH TUERRY . I am a carman in the employ of Mr. Fardell—on 11th May I received a box from Wyse—he put it on the van himself—I went with the van to Jewin Street for some more goods—I had no van boy with me—I went into a warehouse; some goods were put into the van there, and the box was then all right—I went from there to Aldermanbury, and there missed the box—I reported the loss to the office.
SANDLE— GUILTY .— Five Years' Penal Servitude. STEINBAR— GUILTY .— Seven Years' Penal Servitude.
There were two other indictments against the prisoners.
MESSRS. POLAND and WARBURTON Prosecuted.
JAMES RICHES . I am assistant warder at Her Majesty's Prison, Holloway—on 31st May, at the request of the chief warder, I went to the cell where the prisoner was confined—on the door being opened I saw that the iron framework of the window had been pulled down and the window smashed—the prisoner had a piece of iron of the framework in his hand—he first threw one piece of iron at the chief warder, but missed him, and then with another piece of iron he struck me on the head—I defended the blow with my arm, or it might have been more serious—it struck my head and caused a lump—I closed upon him, and in the struggle to get him down he seized my right hand and bit it; it made a wound 4 inches in length—I was seen by the prison surgeon—the prisoner was secured and taken to the punishment cell—he said nothing to me when I first went to his cell—as far as I know he had been a quiet man while in the goal—he was a perfect stranger to me.
ADAM HAY . I am one of the infirmary warders at Holloway Prison—I went with the last witness to the prisoner's cell—I have heard his evidence; it is correct—the prisoner was to have been discharged that morning—he made no complaint at all to me.
HUGH ALEXANDER GORDON . I am medical officer at Holloway Prison—on 31st May I examined Riches—he had a lacerated wound on the middle finger of the right hand, exposing the tendon from the knuckle to the top of the finger—the tendon itself was wounded, but not cut through; it was a bad wound—he was not able to use his hand for nearly three weeks—I know nothing of the prisoner except seeing him when he same in.
The Prisoner's Statement before the Magistrate. "My time to leave the prison was at 9 o'clock that morning. I had been sent to prison for four days. I asked the warder for my clothes, and he said they were lost, and after remaining in the cell for a long time and keeping knocking and asking for my clothes, as my mother was waiting outside for me, the last time he appeared at the cell door I asked him when I should be able to go home. He said 'They have lost your clothes,' and slammed the door. He said I was to get out the best way I could. He did not return with my clothes, and that threw me into temptation, and I did wrong no doubt."
JAMES RICHES (Re-examined). He ought to have been discharged at 9 o'clock—this occurred at 8.40—he would have been discharged—he said nothing to me about his clothes—I am not the warder of the ward—I have not heard anything whatever about his clothes.
Prisoners Defence. I ask forgiveness for what I have done. I was subject to fits from my childhood. I fell down in a fit and they thought I was drunk and they sent me to prison for four days. I have been in the army and invalided. On this day I thought it was time to go out, and they said they had lost my clothes. What I did afterwards I do not know; if I had been in my proper senses I certainly should not have broken the window. I did not know anything about what I had done. It is the first time in my life I ever was in a prison.
GUILTY of unlawfullywounding. — Two Months' Hard Labour. it was stated that the prisoner had been in a lunatic asylum.
MR. PURCELL Prosecuted; MR. GEOGHEGAN Defended Ilott.
WILLIAM HEAP . I live at 41, Sandringham Road—on Friday night, 25th May, about 10 o'clock, I was in Pond Lane Fields, some men came up to me—I recognize the three prisoners—Ilott asked me for some tobacco—I told him I had none, he then asked me for some money for beer, which I refused, upon which he snatched at my chain and the watch came out in his hand—he broke it from the chain and ran away, I followed—one of them struck me and gave me a black eye—we were fighting for some little time, and I fell to the ground—my stick fell out of my hand and another man not in custody hit me over the arm with my stick and broke it—they all ran away, and we lost them in a brickfield—I am certain the prisoners are three out of the four who attacked me—on the morning of 27th May I saw the two Archers at the police station amongst others and picked them out—I saw Ilott on the Friday following at the station—he was placed with fifteen others and I picked him out—this is my watch (produced).
Cross-examined by GEOGHEGAN. I was first examined at the police-court when the two Archers were in custody—the second time Ilott and another man were in custody—they were all perfect strangers to me—Pond Lane Fields is a place were there are cricketers—this happened at 10 at night—when I was first examined I said I believed that William Archer was the man who snatched my watch, but I afterwards corrected—I only said to the best of my belief—the detective took me to identify Ilott about 12 at night to the Hackney Station—the others were all about his own size, and some of them dressed in the same way—a man named Burridge was in custody—at first I picked him out as the man that took my watch, but the Magistrate discharged him—it was a mistake, and the Magistrate gave him the advantage of it—I could distinguish their faces when they attacked me, it was not perfectly dark—it lasted altogether about a quarter of an hour.
JAMES ACKERMAN . I am a coachman—on 25th May Ernest Archer offered to sell me his watch, I refused it—soon after I saw a friend, and from what he said I asked Ernest Archer for the watch to show him—I took it to a pawnshop to see the value of it, and it was detained.
JAMES FLETCHER (Detective N). In consequence of what I heard from the last witness I went to the house of the prisoners Archer about 1.30 on Sunday morning—I found the Archers both in bed—I said to Ernest "I shall take you into custody for being concerned with others in stealing a watch from a person in Pond Lane Fields on Friday night, the 25th"—he said "I know nothing about it"—I said "Now, remember, you sold it to Ackerman"—he said "No, I did not"—at the station, when Ackerman came in he said "Yes, that is the one, I gave him 9s. in part payment for the watch"—the prisoner said "Yes, that is quite right, I picked it up in Pond Lane Fields"—both the Archers were placed amongst others, and were identified by the prosecutor—between five and six on Sunday morning Ilott was apprehended by another officer—he was placed with fourteen or fifteen others—I was present when the prosecutor came—he picked Ilott out from the others—he walked up to him and said, "That is the one that stole my watch."
Cross-examined by MR. GEOGHEGAN. I went to Ilott's house with Sergeant McKenzie about 10 o'clock—the two Archers were not there then—there was another man named Burridge—after the prosecutor had picked out Ilott he went up to Burridge and picked him out—I said "Are you sure?"—He said "Yes, I am positive"—the Magistrate discharged Burridge at the first hearing—his mother was called and proved that he was in bed at the time—Ilott's father was at the station, and he suggested they should change places—they were standing side by side—I have known Ilott's father for twenty years as a respectable man working for Mr. Brown, a builder.
ROBERT MCKENZIE (Police Sergeant N). I apprehended William Archer and told him it was on suspicion of being concerned with his brother and two others not in custody for stealing a watch from the person of William Heap, and assaulting him, in Pond Lane Fields, at 10 o'clock on Friday night, the 25th—he said "I can prove I was not there"—he was taken to the station and placed among others—on June 1 I went to 22, Fourfield Road—I there saw Ilott, I told him the charge—he said "I know nothing about it"—he was taken to the station and placed Among others.
Cross-examined by MR. GEOGHEGAN. I took Burridge into custody—he lives about 70 or 80 yards from Ilott—I made inquiries about Ilott—he works for Mr. Burridge, and I believe he is a respectable lad—his father is a respectable man, but I have seen Ilott in bad company.
Ernest Archer's Defence. I was crossing Pond Lane Fields on May 26 and picked a watch up, it was lying on the grass. I carried it about with me all day. I could not find an owner, so in the evening I showed it to Ackerman; he said he knew a man that wanted to buy a watch, and I left it with him to show him. I met him afterwards and he gave me a portion of the money. The next night I was taken to the station, and the prosecutor picked out my brother but did not identify me; he said "I only think I recognize Ernest Archer."
William Archers Defence. When I was taken I was placed beside three older men I was the only lad there, and I suppose that was the reason the prosecutor identified me. I really know nothing at all about the case. I was a mile and a half from where it took place. The prosecutor said at the police-court that he was not certain about me, he only Thought it was me.
The following witnesses were called for Ilott:
GEORGE ILOTT . I live at 22, Fourfield Road, Hackney—the prisoner is my son—I am employed by Mr. Brown, a builder; and my son is also employed by him—we were both working together on the night of May 20 at Hackney Square, the other end of Stepney Green, till about 8.30 p.m.—that is a good four miles from Pond Lane Fields—on the way home I stopped to have a drop of beer, and my son stopped outside—we got home about 9 o'clock, and had some tea—I went out again as I had an appointment to keep at 9.30—I was late, and it was 25 minutes to 10—I came back about five minutes past 10 o'clock—when I went out I left my son at home, and when I came back he was there still—his mother was there also, but she is too ill to come.
Cross-examined. I have worked for Mr. Brown for 7 to 10 years, and my son about three years regularly—we worked together at the same place, and generally came home together and had tea—I can stake my
Life that my son was at home on this evening—I gave evidence at the police-court—I know this happened on Friday, the 25th, because it was the Oaks Day, and my appointment was to see a friend who had backed a horse—he was not there, he had just gone—I went back directly—we have a lodger in the front room, but there was nobody else in the room where my son was but his mother.
Re-examined. The lodger did not see my son—he happened to be out—the house I went to about the Oaks was the Railway Tavern, about eight minutes' walk from my house—I went direct there and direct back—I was not away altogether above half an hour—Fond Lane Fields is quite two miles from my house.
CHARLES DAVIS . I am a cooper of 15, Hackney Square, Stepney—I know the prisoner Ilott and his father—on 25th May I had some repairs going on at my house—they had both been at work there for over a fortnight—they left from a quarter to half-past eight o'clock on the night of the 25th.
Cross-examined. That was not their usual time for leaving, they were late—the usual time was about 6 o'clock, but on this occasion my wife wanted the kitchen ceiling done, and she got them to stay to do it.
GHARLES JAMES BROOM . I am a builder, at Mansell Street, Aldgate—young Ilott has been with me on and off for three years, and has borne the reputation of an honest young fellow—I have got the place still open for him—I should be very happy to have him again.
NOT GUILTY .
The prisoners were again indicted for an assault on William Heap, and occasioning him actual bodily harm. No evidence was offered.
NOT GUILTY .
648. ARTHUR COLLIER (26) PLEADED GUILTY to three indictments for embezzling various sums of the Manor Park Cemetery Company, Limited, his masters; also to omitting to enter the said sums in the books of the company. —Eighteen Months' Imprisonment.
NEW COURT.—Tuesday, June 26th, 1883.
Before Mr. Common Serjeants.
MESSRS. LLOYD and HICKS Prosecuted; MR. BURNIE Defended.
KATE DELABOSKI . I keep a milk shop at 53, Backchurch Lane—on 5th June, about 10 p.m., the prisoner came for half a pint of milk, and gave me a florin—I thought it was bad, gave it back to her, and told her to go and get the right money—she did not come back.
SARAH SCIZOR . I keep a chandler's shop at 41, Back Lane—on 5th June, about 10 o'clock, the prisoner came in for a farthing cake, and gave me a florin—I knew her before—I said "Milly, I think this 2s. piece is not good"—she said "Ain't it; I think it is; I took it from my master"—I gave it to my husband—the prisoner said "Don't damage it if it is not good; I will take it back to my master"—I gave it to her, and she said "I will go for some milk, and if it is not good I shall give it back to my master."
is this?"—She made no answer, but afterwards she said she got it from the Cherry Tree—I gave her in charge with the coin.
JOHN DOLAX (Policeman N 196). I was called to the Weavers' Arms, took the prisoner, and received this coin—I said "Have you got any more?"—She said "No"—I said, "Where did you get this from?"—She said "I got it in change for a sovereign in the City"—I said "From who?"—She said "I don't know; from some shop."
The Prisoners' Statement before the Magistrate. "I asked for half a pint of milk, and gave a 2s. Piece; she said, "It is bad; see if you can get change."
The prisoner received a good character.
NOT GUILTY .
MESSRS. LLOYD and Hioxs Prosecuted.
JAMES THOMAS JONES . I keep the Ship, Victoria Docks—I know the prisoner by sight—on 2nd June a man came in and spoke to me, and I took some tobacco outside to the prisoner, who was in a cab—we shook hands, as I have known him 14 years, and I gave him the tobacco—he gave me what I thought was a half-sovereign—I took it in and got change from my daughter—I then found that the coin was light, looked at it, and found it was a Hanoverian medal—I took it back to the prisoner, and said "This is a bad one, Robertson; where did you get this from?"—He said, "Is it? That is a bad job," and took it from my hand, took a purse from his pocket in which were a number of coins the same colour as this, and took out another coin about the size of a half-sovereign—I looked at it, and found it was a Hanoverian half-sovereign—I said "Where have you been to? Were you drunk last night, and have you been caught?"—He said "No"—I said "Where have you got these from? They are not worth that," snapping my thumb and finger—he took it from my hand, and said "Oh, I know where I got it from, Jim; I changed a cheque" or "a note this morning, but I can't pay you for the drink because I have no other money"—I advised him to drive to the place where he received the coin, and he said "At 4 o'clock I will come back and pay you," but he did not come back, and I did not see him till he was at the police-court—what he had amounted to 11d.—he did not appear to be in drink.
AGNES PERROTT . I am a tobacconist, of 382, Commercial Road—on 2nd June, about 4.30 p.m., the prisoner came in a cab, came into my shop, and asked me if I would be kind enough to lend him 17s. 6d. To pay the cab fare—he gave me two foreign coins as security, and said that he had just come across from Hamburg, and was too late to go to his office for money—I have known him four years—I gave him 17s. 6d., which he gave to the cabman, and gave me two foreign coins as security—before he left I gave him half a crown to make up 1l.—he said he would call on Monday, which he did, and said he would go and get the coins changed and come back and pay me directly—I gave him one and kept the other; this is it (produced).
Beer—he asked what he owed me—I said "2s. 4d."—he put a coin in my hand, and I put it in a box with some silver—there was no gold there or anything yellow—I gave him 7s. 6d. Change, and they both left—the prisoner returned alone about 10.30 for half a pint of beer and put down this medal—I told him it was bad and gave it back to him—he told me to keep quiet—I said "Did you give me a bad one this morning?"—He laughed, and I ran upstairs and fetched it down and asked him to give me the money for it—he laughed, and I sent for a constable and gave him the small coin.
Cross-examined. You were sober.
GEORGE COLE (Policeman K 208). I took the prisoner and received this smaller coin—Phillips was with me—I proceeded to search the prisoner—he was very obstreperous, and tried to throw him down—I found this coin (produced) in his right waistcoat pocket.
Prisoner's Defence. I bought them thinking they were current. I had sooner have given her a half-sovereign than take one from her. I can get a situation in any part of the globe, and that is more than many a man can do.
GUILTY of obtaining the 7s. 6d. by false pretences. — Twelve Months' Hard Labour, the last month solitary.
MESSRS. LLOYD and HICKS Prosecuted.
CHARLES PHILLIPS . I keep a general shop at 76, Great Peter Street, Westminster—I have known the prisoner 10 or 12 years, but the first time he came to the shop was June 1st, between 11.15 and 11.20 p.m.—he asked for ¼ lb of sausages, which came to 2d., and put down a shilling—I put it in the till and gave him the change—it was the only silver there—after he left I found it was bad—I saw the prisoner on the opposite side of the way next day, called him over and said "You gave me a bad shilling last night"—he said "No, you are mistaken"—I said "I would not accuse you if I was not certain"—he said "I don't think I gave you a bad shilling, in fact I am sure I did not"—I said "Well, I shall expect you to refund it"—he said "I have only a few coppers, I will pay you another time; I will pay you next week"—this was Saturday—I gave him the two pieces, and he left—he never brought me the shilling—I saw him next in charge.
WILLIAM CASHMAN . I live with my father and mother at 13 and 14, Ann's Buildings, Westminster—I was 13 on August 20—on 4th June, between 1 and 2 o'clock, I saw the prisoner outside the Coach and Horses—I did not know him before—he said "Tommy, run and fetch me a pint of bitter, and I will give you a penny," and gave me a half-crown—I went into the Coach and Horses, asked for the ale, and gave the coin to Mr. Scarlett—he bounced it on the counter and bent it—Mr. Scarlett went out with me, we could not find the prisoner, but we found him
about 10.30 p.m., in the Queen's Head, with three young women, and pointed him out to the policeman—I am sure he is the person.
URIAH EDWARD SCARLETT . I keep the Coach and Horses, Great Smith Street, Westminster—on 4th June, between 1 and 2 o'clock, Cashman came in, my wife drew him a pint of ale, and he gave me a half-crown; I bent it in the tester and went outside with him, but he could not point out the man—I went with him to the Queen's Head the same evening, and he pointed out the prisoner, who only said that he did not know what he was being taken for, and when we got to Gardener's Lane two "ladies" who had been with him in the public-house came up and tried to rescue him—there was a scuffle, and he slipped his jacket, but did not get away—I gave the half-crown to Ashwell—this is it.
WILLIAM WYGILL (Policeman B 193). On 4th June, about 10.30 p.m., I went with Mr. Scarlett to the Queen's Head, and saw Cashman point out the prisoner as the man who gave him a bad half-crown—I took him in custody, and when near St. Ann Street his wife and sister came up; there was a struggle, and they stripped his coat off and got it away—he he tried to get away, but we took him to the station, where he said that he knew nothing about the boy—I found 1d. on him—I received the half-crown from Ashwell, and have kept it ever since.
The prisoner in his defence, and in his statement before the Magistrate, said that a gentleman gave him the shilling for carrying a parcel, and denied giving the half-crown to the boy.
GUILTY .— Nine Months' Hard Labour.
MESSRS. LLOYD and HICKS Prosecuted.
PATRICK GILLAN . I am a stage carriage conductor—on June 1 the prisoner got into my tram in High Street, Camden Town, and paid me with a florin—I told her it was bad, and she twice insisted that it was good—I bent it with my teeth, partly broke it, and handed it back to her, and she separated it into two halves—the fare was a penny—she gave me a good florin, and I gave her the change—I gave her in custody.
CHRISTOPHER HARRIS SOMERVILLE . On 1st June I was a passenger in this tram-car, and saw the prisoner tender a florin to Gillan, who said that it was bad; she said that it was not—he gave it back to her, and she broke it and chucked one piece outside a furniture shop—it was a dark night, but I followed her to the station and gave my name and address.
JAMES HAGGER (Policeman Y 187). On 1st June I was called to this tram-car in Camden Road, and the prisoner was given into my custody—I said "Have you been tendering bad money?" she said "I did not know I had any, it is quite a mistake"—I said "Have you any more?" she said "No, all I have is good"—I said at the station "Give me your money now," and she gave me out of her handkerchief five shillings, a sixpence, 5 1/2 d. in bronze, and two bad florins, all mixed together—I asked her name, she said "Emily Williams," but next morning I said "Is that your proper name?"—she said "No, it is Stella Jones"—I said "Where do you live?" she said "My address is in the country"—I said "Where do you come from?" she said "I won't tell you."
The prisoner in her defence, and in her statement before the Magistrate, said that she met a gentleman who she knew, who gave her a dinner and tome silver, among which were the coins in question, and she had no idea that they were bad.
NOT GUILTY .
MESSRS. CRAUFURD and LLOYD Prosecuted; MR. FRITH Defended.
SOPHIA SCARRATT . I live in William Street, Chiswick—on 7th June I ad some cocoa nuts on poles to be thrown at, between Staines and Hounslow—the prisoner came and played about 9.30—he played several times, and changed a shilling every time, till I got short of halfpence, and then I tried the last shilling with my teeth, and found it soft—I said "You need not go away, I can see what you have been doing, you have been changing your bad money for my good," and called to my son—the prisoner then offered me a half-crown, knocked the last shilling out of my hand, and ran away—my son ran and caught him—I went to the station, and the inspector searched my bag and found seven bad shillings in it, and the one I did not change made eight—I discovered that next morning—I don't know how many good shillings were in my bag.
Cross-examined. This was at Bedfont Green, on Ascot race day—the prisoner had had a little drink—I said to the Magistrate "The eight counterfeit coins I believe were tendered to me by the prisoner," and I do believe it—I put my mark to my deposition; I can't write—I was there all day, and had a good many customers—I keep all my money in the same bag, and give change out of it.
WILLIAM SCARRATT . I am the son of the last witness—I saw the prisoner playing—he was half drunk—he shied at the cocoa-nuts, but I never saw him hit one—my mother called out, and he ran away as fast as he could for fifty yards, and jumped over a gate into a garden, and fell—I got over after him, and caught him by an empty house—he said nothing—a policeman took him.
WILLIAM WORSLEY . On 7th June, about 9.30, I was on duty at Bedfont, and found the prisoner detained by Scarratt—I took him, and told him the charge—he said "A man gave me the money, but I should not like to say his name"—I took him to the station, and found on him three half-crowns, 16 sixpences, and 3s. 9 1/2 d. in bronze, all good—he was lying on the ground when I took him, in the garden of a empty house, 10 or 15 paces inside the gate, and Scarratt was holding him—I pointed out the spot to Wilder the next day but one—we found seven bad shillings in Mrs. Scarratt's bag at the station, and we overlooked one—I received three more from Inspector Barrett, who marked them.
JAMES WILDER . I am a painter, at Bedfont—on Saturday, 9th June, about 7.30 a.m., I was going to paint the gate near which the prisoner was caught, and found these three bad shillings (produced) lying about six inches inside the gate—I took them to the station, and gave them to Inspector Barrett—I showed the spot to Worsley.
Cross-examined. They could not easily be seen by persons passing, as they were covered with dust—they were in a private road leading to the house.
Re-examined. The road leads to the gate, which is the entrance to the grounds—I did not see the coins at first.
some from the same mould as one of those found at the gate—the one last uttered is not from the same mould as any of the three found at the gate.
GUILTY .— Twelve Months' Hard Labour .
MR. WILLIAMS Prosecuted.
JOHANNAH MOSES . I am the wife of Hirsch Moses, of 12, White's Row, Whitechapel—we are in the boot trade—on Saturday night, May 19th, I went to bed about 11.45—my room is on the second-floor—I fastened the window with a bolt, firmly—I awoke between 1 and 2 a.m., saw the window open, and a man standing at the open wardrobe taking out the contents, a watch and chain, and some loose money—there was a little light—the man was of a medium height, and wore a black coat—I cannot identify the prisoner positively—I jumped out of bed, and screamed, and a policeman came to the window—the man dropped a watch and chain, and jumped out at the window, and I saw a ladder there—my husband was in the room, but was not very well—he is not here—a pair of boots and a waistcoat were also taken out of the wardrobe, and the boots were left in an adjoining room—everything downstairs was open, the lock of a wardrobe open, and a window was taken out—I have seen the prisoner before—I missed 30 pairs of boots in boxes, and a money-box with 2l. 10s. in it.
Cross-examined by the Prisoner. I used to see you every day—I cannot say that it was you in my room because you jumped out too quick, but it was a familiar face.
LYDIA MOSES . I am the daughter of the last witness—I was in the room above her—I went down and saw my papa draw a ladder from the window, and then I shouted—a window downstairs was forced open and a window in my mother's room was open and the glass slid open with a knife—the ladder belonged to a man at the back of our yard—there are three or four yards at the back and a lot of gardens—the walls are low, I could easily climb over them.
GEORGE PALMER (Policeman K 176). I was on duty about 12.30 a.m. on the 20th, and saw three men right opposite No. 12—the prisoner is one of them—I knew some of them before—I said "Young men, move on, it is getting late now;" one of them said "All right," and they walked away—I saw them all three again at 1.30 standing right opposite the house, but did not speak to them, as they went just before I got to them—when it had just gone 2 I heard screams of police, and almost directly saw the three men rush out at a wicket gate at the side of the house No. 12—the gate is not connected with No. 12, it is in another street; the yard is in another street shut in by two large doors—I cannot say which house the gate belongs to, but it is about 20 yards from No. 12, round the next corner—it does not communicate with No. 12—I ran after the men—the prisoner came towards me and passed round the corner under a lamp, and I could see that it was the same man who I had spoken to before; he got away—they dropped a money-box and 30 pairs of boots in boxes inside the wicket gate, which were taken to the station and identified; I produce one pair—on 30th May I saw the prisoner go into the Collingwood beerhouse and said "I am going to
take you in custody for breaking into the house on the opposite side, No. 12;" he said "All right, I know nothing about it"—he went quietly a little way, and then became very violent, and I had to get the assistance of three constables to take him to the station—I knew him before.
Cross-examined. There were only you and two others when I told you to go away, there were not 15—I spoke to Tilbrook—I did not peep round the corner when I was in private clothes and see you three different times—I never saw you till the 30th, or I should have apprehended you.
By the COURT. I was looking for him—a wooden fence runs between the wicket gate and the house—it parts the back of the yard from this yard which runs up to the back of No. 12.
Witnesses for the Defence.
FRANCIS CLARK . I am a tailor, and am the prisoner's master—on Saturday, 20th May, he was in bed by 20 minutes to 1, and did not go out till 10 a.m.—he slept in the back room—I have always found him honest, and have trusted him with several coats to take home on Saturdays, with change for a sovereign.
Cross-examined. I know he came in at that time because I heard him—sleep in the front room—another lodger, his companion, sleeps in the room with him—I heard steps at that time, but did not take particular notice whose steps they were—I have a clock in my room—it always keeps good time—I was in bed—I had no light, but I went to bed at 12.20, and I reckon by that—the parish church clock is close by, and we go by that—it might be 10 minutes to 1 or a few minutes later when I heard the steps—I might be a minute or two out—I do not know that the prisoner has been convicted.
JOHN BACON . I am a labourer—I was with the prisoner on this night, five of us were together when the prisoner spoke to us—we went home at 11.30 and got home, at twenty minutes or a quarter to 1—we both went in together and he did not go out any more after that—I am, the companion you have heard of.
Cross-examined. We slept in the back room and went in together—I wore the same boots as I have on now—I know the hour by the time the "houses" closed—we had been in the Collingbourne, which is five minutes' walk from Baker Row, where I live—the prisoner and I generally went home together, we are together of a night—I remember this particular morning because I heard of the robbery next morning—I remember the house shutting up—I go home with the prisoner every night—I can give you no other reason for fixing May 20—it was Saturday night and the public-houses shut at 12.
By the COURT. The two constables who have given evidence spoke to us—they said that it was time us lads should see about getting home—we were then standing again the posts in Buck's Row, which some call White's Row.
JOHN EDWARDS . I am an oil and colourman—on this Saturday night we left the Collingbourne about a quarter or twenty minutes past 12—I left the prisoner about 100 yards from the Collingbourne, he was then going straight home—about a dozen of us were together outside the
Collingbourne when the policeman spoke to us—ho only spoke to you once that I know of—I did not see him speaking to Mr. Tilbrook—he did not speak to me in White's Row.
Cross-examined. I live in White's Row and the Collingbourne is in Buck's Row, quite close to White's Row, there is only a street dividing—we bid him good-bye at 12.30, and did not see him afterwards.
DEBORAH BENJAMIN . My husband is a foreman—I saw a man go in at Mr. Moses's window about a quarter to 12 and get out at the back window—the prisoner is quite a different man, and I told Mrs. Moses that it was not this young man—I do not know him—I only saw one.
Cross-examined. I live next door to Mrs. Moses—her back window is not in a line with mine, it is a little higher—I was sitting up for my husband to return from the theatre—there was no moon—it was not very dark, the reflection from the lights would show a little light—there is no erection between her house and mine—her window is not on the same face as mine, it was quite easy for me to see—I have looked out there before at Mrs. Moses's window—I did not raise an alarm—I saw a policeman in the yard, picking up money, and the servant girl was down stairs—I have seen the prisoner before, standing at the corner, but I don't know him—I saw him standing by the Colleen Bawn that evening as late as a quarter to 12—the man I saw looking in at the window had black trowsers and a white smock and a cap—I spoke to Mrs. Moses.
Witnesses in reply.
---- THICK (Policeman). I was present at Middlesex Sessions on 23rd January, 1882, when the prisoner was sentenced to twelve months' hard labour for assault and robbery.
GEORGE PALMER (Re-examined). I knew the prisoner before. Prisoner's Defence. I own I have been convicted, but since I was discharged I have been getting an honest living. It is very hard to be charged when I was not there and have witnesses to prove it. The policeman only saw me once that night, and if he knew me why did he not come and take me?
GUILTY . He then
PLEADED GUILTY † to a conviction at Clerkenwell in January, 1882.— Five Years' Penal Servitude. The officer Palmer identified the witness Bacon as one of the men he spoke to with the prisoner, upon which the COURT ordered Bacon to be taken in custody.
FOURTH COURT.—Tuesday, June 26, 1883.
Before Robert Malcolm Kerr, Esq.
656. JOHN SULLIVAN (19) to stealing a coat and other articles, the goods of Charles Lawrence, and also to burglary in the dwelling-house of James Fegan, and stealing two guernseys, a pair of boots, and other articles, his property.— Twelve Months' Hard Labour . [Pleaded guilty: See original trial image.]
657. JAMES O'HARA (26) to a robbery with violence on Elizabeth Sharpe, and stealing a purse; and THOMAS JONES (25) to receiving the same.— Eighteen Months' Hard Labour each. [Pleaded guilty: See original trial image.]
— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
659. WILLIAM MUMFORD** (45) to stealing a watch and chain, from the person of Alfred George Hawkins; also to a conviction of felony in August, 1877.— Seven Years' Penal Servutide. [Pleaded guilty: See original trial image.] And
MR. H. AVORY Prosecuted.
CHARLES KNOLLS . I am gardener to Mr. Hayden, and live at Half Acre, Brentford—on 24th May, about 8 o'clock, I had a pair of Master Harry's boots to clean, and a pair of Mrs. Hayden's—after I had cleaned them I put Master Harry's by the fender at the end of the kitchen, and the others I put on the footboard under the dresser—I left the kitchen for a short time, and on my return I saw the prisoner coming from the kitchen with a bag in his hand, which he dropped—I went towards the door—he came rushing towards me whistling, and I took no notice of him, and did not speak to him—I saw his face plainly—when he had gone I looked in the bag, and there were Master Harry's boots, and underneath were these blue cloth shoes with indiarubber bottoms (produced)—I went out after the boy, but I was too late—I next saw him outside on the doorsteps, and I said I thought he looked too tall—after that I went to the station with Brooks and saw the boy—Brooks asked me if I knew anything about him—I said "That is the boy that took the boots."
Cross-examined by the Prisoner. I said I thought you were the boy.
SAMUEL PARK . I live at Mariner's lodging-house, Old Brentford—the prisoner slept there one or two nights—on the morning of 24th May he came in the kitchen when I was there—he had nothing with him when he went out—on the Tuesday morning, the 22nd, these canvas shoes, which belong to me or my son, were lying under the seat—the prisoner came down barefooted and put them on—I said "Who gave you authority to put them on? You can have them till you have time to buy a new pair."
NOT GUILTY .
ALBERT TURNER . I am an accountant, and live at Gunnersbury—on the evening of 24th May when I came home I missed from my hall my bicycle coat (produced), and this grey garden coat (produced), these three ladies' jackets (produced), and this pair of my boots (produced), and this pair of my little girl's (produced).
JOHN RUSSELL . I am a stoker, of Brentford—on 24th May I was at the Marquis of Granby public-house, and Sedgwick offered me a pair of boots—I went and got the money, and bought them for 2s. and a pot of beer—I took them into the factory and left them there till the Friday, the 25th, and then I heard there was some property lost, and I took them to the police-station—these are they—it was 12 or 1 o'clock when I bought them.
a pair of boots with him—he asked me whether I wanted to buy a pair of shoes, or knew anybody who would buy them—I said I did not want any, I was going into the Militia; but I knew a man perhaps who would buy them—he came with me—I went into the Marquis of Granby, and sold them to Mr. Russell for 2s. 6d.—these are the boots—I gave the money to the prisoner, and he and I drank the pot of ale.
CHARLES BROOKS (Police Sergeant T 3). I went to Mariner's lodging-house after the prisoner was in custody on this charge, and Mrs. Mariner pointed out to me a bedroom on the third floor—she picked up the two jackets and a pair of boots, and brought them to me—this coat (Mr. Turner's) was bought for 6d. by a blind man residing at the lodging-house—I got it from him—all these things were handed to me in the lodging-house—I saw the prisoner at 2.45 p.m. on the 24th—I said "I must take you in custody for stealing boots and clothes"—he said "You are clever, but you are on a wrong scent this time"—I took him to the station, and found he was wearing these boots which I now produce—they are Mr. Pittard's—it is a lodging-house for tramps—when the parties heard he was locked up several came to the station with the property.
JAMES HESTER . I am potman at the Red Lion, Old Brentford—I saw the prisoner on the evening of 21st May—he offered to sell me a pair of spring-side boots—I bought them for 1s. 6d.—he was wearing them.
SAMUEL PARK (Re-examined). I remember the prisoner coming in on the 21st with a bag like this—he turned four pairs of boots and a coat out of it—I think this side-spring pair was one of them—this is something like the coat.
The prisoner in his defence staled that he had the boots from a tramp in the lodging-house.
NOT GUILTY .
MR. RIBTON Prosecuted; MR. MONTAGU WILLIAMS Defended.
EDWARD KRAIGER . I am captain of a German barque lying off Grays, Essex—on 22nd June I was in a public-house about 7.30—I had looked at my watch in the road, and it was safe—the prisoner was there—I had had a glass too much—I felt him take my watch—he ran away—it was afterwards shown to me at the police-station, and I identified it—this is it (produced).
Cross-examined. I was drunk, but not much—I did not know quite well what I was about—I had a string, no chain, on my watch—I will not swear the prisoner did not put the watch back into my pocket in the landlord's presence—I did not kiss the prisoner—I forget whether he kissed me—he was a stranger to me—the pilot of my ship was not there; I had no pilot—nobody belonging to my ship was there—nobody from my ship told the prisoner that if anything went wrong with me he would know where to find the ship.
Re-examined. He ran out of the shop, and had got my watch immediately before.
CHARLES ESMOND . I assist my father in the management of the London Hospital Tavern—on this evening, 29th, he made a communication to me, and I went out, and I saw the prisoner—he had just begun to run down the street—I pursued him, and when I came up to him he threw a watch into a public-house—I picked it up—he ran away—I pursued him—others assisted me—he was taken to the station, and I followed.
WILLIAM ESMOND . I was not examined before the Magistrate—I am proprietor and manager of this public-house—on 22nd June Kraiger was in my house with the prisoner about half an hour—I saw the prisoner arranging Kraiger's watch-guard round his neck—the watch was out—he kissed Kraiger—a man was there who was called the pilot, who wished to get him away to his ship—I heard no complaint made by anybody—they all left together—about 5 minutes afterwards Kraiger looked in at another door, and said "They have stolen my watch"—I went out to see if I could see the man who was supposed to have taken it, and saw the prisoner walking up the street—I said "Charles, go up after that man, he has taken that captain's watch"—I saw no more till I saw the prisoner in custody.
Cross-examined. I saw the watch hanging out of Kraiger's pocket, and the prisoner put it back—I saw the pilot give the prisoner a card, and say "If anything goes wrong with him you will know where to find me—that was before they all went out together.
Re-examined. I did not see the prisoner do anything after he put the watch back—that was about a quarter of an hour before they left—they were all three together in the meantime—I think the pilot was a real pilot.
RICHARD HAMPTON . I am a porter, of 51, Windmill Street, Whitechapel—on this evening I saw the prisoner running down from Philip Street—I stopped him, and held him till Jeffs came up—after I stopped him he said "What did I do it for?"—nothing was said to him before that that I know of—a constable came up just as we got into Waldon Street.
WILLIAM JEFFS . I am a licensed porter, of 29, Romford Street, Commercial Road—I saw the prisoner running—he passed me—I followed him, and saw Hampton catch him—I went up and helped hold him—he put his two hands to his head, and said "Oh, what did I do it for?"—he asked me who I was, and I told him I was under police officer—he said "Show me your authority"—I passed Charles Esmond in Philip Street, following him—I came up to him before Esmond did—I did not see him throw anything away—it was before he passed me, because we passed the public-house where he had thrown it.
JOHN DICKENSON . (Policeman R 34). I saw the prisoner running, and heard cries of "Stop thief"—I pursued him—Esmond caught me up in Waldon Street and handed me the watch, that was before I reached the prisoner—I took him and charged him with stealing the watch—he said "I did not steal it, it was put into my hands."
WILLIAM HENRY BULHAM (Police Inspector). The prisoner was brought to the station on this evening at 7.50, and 10 minutes or a quarter of an hour afterwards the constable went out and fetched the prosecutor in—I said to Jeffs in the prisoner's presence, "Who is the prosecutor, he seems a long time coming?"—the prisoner said "Oh, how could I have done it!"
Cross-examined. The prisoner had been drinking; he was not drunk.
Witness for the Defence.
JOSEPH PLACE HUTCHINSON . I am a coasting pilot, and live at 21, Culloden Road, Poplar—on Friday night, 22nd June, I met the prosecutor at Fenchurch Street—I asked him where he was bound to, and if he required a pilot—he asked me what I would go to Ald burgh for—I said
5l.—he said "Come this way"—we went to the London Tavern where we met the prisoner, who shook hands with the prosecutor, who invited us to drink—then I believe the prisoner' suggested that we should go to a beerhouse in Aldgate, and from there we went to another one somewhere about the London Hospital—after staying there some time I tried to get the prosecutor away; I gave my card, and said, "I am sick of it, I am going; get him away if you can, and if anything happens there is my card—they were talking together and sometimes kissing each other, and the prisoner pulling the captain's whiskers or something of that sort.
Cross-examined. I left them together—I went back there and they had gone—I did not see the prosecutor's watch—I did not see whether he was wearing one or not.
By the JURY. When I left, the captain was certainly drunk, and I wasn't far off myself, I think.
The prisoner received a good character.
GUILTY .— Four Months' Hard Labour.
MR. RIBTON Prosecuted.
EDWARD PAGE . I am a coal merchant, of 29, Oak Village, St. Pancras—the prisoner was in my service as carman—on 16th May I desired him to take a horse to Mr. Miles's, Albury, Surrey, to turn him out to grass—he left, and I did not see him again till 7th June—I have never seen the horse again—I gave 19 guineas for the horse on 12th May, 1882.
CHARLES MILLER (Policeman Y). I took the prisoner on 7th June—I had heard of the robbery, and was looking for him—I told him he would be charged with stealing a horse, the property of his master—he said he had sold it to a man on Esher Common for 50s., who met him and asked if he wanted to sell it—he said no, he was going to turn it out to grass—they had some drink, and afterwards he did sell it—I afterwards found it was not Esher Common, but 12 miles farther on, near Ripley—the other man, Burrows, was charged on the first occasion before the Magistrate; he was afterwards discharged and called as a witness—I went to Burrows's house and found a sack there.
GEORGE BURROWS . I live at Wisley Common, near Ripley, and am a dealer—on a Wednesday, about the middle or end of May, near four cross roads on Wisley Common, I passed the prisoner—apparently the sack had slipped off and he was tying it on—I offered to buy the horse—he asked three sovereigns—I said it looked better worth 30s. than it did three sovereigns—he followed me—eventually I offered him 50s.—he asked to have the bridle—I said if I bought one I would buy the lot, and after a long while he consented for me to have the lot for 50s., and the horse was tied to my van on the common—five days afterwards I took the horse to Guildford and sold it in the open market for 53s., and the bridle to another man for 3s.—I have thrown the sacks down into a lumber room—I was charged with stealing the horse and discharged, and then called as a witness—it cost me 1l. to keep the horse before I sold it.
The Prisoner's Statement before the Magistrate. "On 16th May my master sent me with the horse to Albury, in Surrey. He gave me 3s. 6d. and two sacks and a bridle. I went on the road. I rode the horse as far as Kew, when I was obliged to get off and walk—I had a drop of drink on
the road as it was a very hot day—till I got twelve miles this side of Albury, when I was accosted by a man saying he wished to buy a horse, and he would give me 50s. for it. I refused, and said I was going to take it to grass. Being very tired I walked to his house to have a rest; he offered me 50s. again, and I refused. He asked me 50s. again and a glass of ale, which I took; instead of being ale it was very sweet wine. I drank it up and went away, wishing him good night. I walked away as far as I could, and being very tired laid under a hedge till morning, and then went to Oxford, and from Oxford to Calne. I was engaged there to work for a stone mason for a fortnight.
GUILTY .— Twelve Months' Hard Labour.
MESSRS. POLAND and WARBUETON Prosecuted.
ANNIE HAGAN . I live at 36, Horace Street, a turning out of John Street—I shall be 14 years old next December—on the night of 10th June, about 10.30, I was standing at the door of our house with Annie Connor—I saw the prisoner at 39—he said he would not be watched—he then threw a stone; it hit a pole—it was meant for me—Annie Connor went in—he got up half a brick and threw it, and hit me on the nose—it cut my nose and my lip, and knocked me down—I went to the divisional surgeon of police.
THOMAS CHARLES KIRBY (Divisional Surgeon of Police). On this night, about 12.30, I saw Hagan—the small bones of her nose were broken—there was a deep cut on her upper lip; her teeth were loosened, and one broken—I thought at the time her nose was permanently injured—I have not seen it since.
GUILTY** of unlawfully wounding.— Twelve Months' Hard Labour.
MR. RIBTON Prosecuted.
MARY SKINNER . I was living at 31, Surrey Street, Strand—on 27th May, about 1 a.m., I was close to Bedford Row—the prisoner ran out, snatched at my bag, and gave me a blow on my face—I tried to hold my bag—he clenched my knuckles with his nails and made them bleed—there was underclothing in the bag—I have not seen it since.
Cross-examined by the Prisoner. I am sure it was you who took the bag.
WILLIAM HACKETT (Policeman E 52). On the evening of the 27th I was on duty in Theobald's Road—I saw the prisoner knock the prosecutrix down, and while she was on the ground snatch the bag and make off with it—I pursued him for 30 yards and caught him—I was about 15 yards off—I am quite sure he is the man—I took him to the station—she came there too, her hand was bleeding.
GUILTY .— Twelve Months' Hard Labour.
PLEDGER PLEADED GUILTY .
MR. GREENFIELD Prosecuted; MR. THORNE COLE Defended Peck.
WILLIAM SERGEANT (City Policeman 368). I was on duty at 11.30 p.m. on the 20th June near St. Bartholomew's Church—I saw two men on the wall parting the yard of the Coach and Horses and the churchyard—one of them let the other down by his hands, and he was eased down to the other side, which led down into the churchyard—I got the assistance of Sergeant Cook and another officer—I saw no more of them till they were apprehended—I assisted to search the ground in the morning and found this screw driver lying under a tombstone—I do not identify either of the prisoners.
Cross-examined. The Coach and Horses is near the churchyard—good conduct discharges from ships, were found on both of them.
GEORGE COOK (Police Sergeant 363). I received a communication from Sergeant; we surrounded the building, searched the churchyard, and found Peck behind a tombstone—I arrested him for being on enclosed premises—I found that three iron bars bad been forced up at the back of the premises 5, Cloth Fair—I aroused constable Knight, who lives there—he examined the premises and found Pledger concealed in the basement—Peck was about twenty yards from the grating—I took him in custody.
WILLIAM KNIGHT (City Policeman 261). I live in the upper part of 5, Cloth Fair—I was called up on 20th June and examined the premises—I went into the basement and found Pledger concealed among some rubbish—I took him to the station, and I and Cook further examined the premises and found three bars broken at the back—the grating was all light at 4 o'clock the same afternoon.
PECK.— NOT GUILTY . PLEDGER.— Twelve Month's Hard Labour.
OLD COURT.—Wednesday, June 27th, 1883.
Before Mr. Justice Manisty.
MR. POLAND Prosecuted.
JOHN LAURENCE . I live at 66, Jutt's Road, and am a packing-case maker—I was living there with the prisoner as man and wife for two or three months—the deceased Alice Ethel was my child by another woman—she was two years and nine months old—I was taking cure of her, and the prisoner was living with me and also took care of her—she has no children of her own—I had been living with her since last September—ou Saturday, 26th May, I went out to work at half-past 5, leaving the prisoner in bed, and the child in a chair with her; it bad some bruises on it, but was perfectly well in health—I returned at 8 to breakfast—the prisoner then had the child on her lap—she told me it had the skin off its bottom, that she had put too much soda in the water; I saw that it was so—I said I must go and get some ointment for it—I went and got some at the chemist's—I did not examine all the child's body—I left the house about half-past 8—I returned about 9 and went out again—I returned about 11, the child seemed easier then—I put on the oinment myself—I saw that it was scalded—at 1 o'clock I got some lotion for it—I stayed at home the rest of the day—about 6 that evening the child died
in my arms—no doctor had boon called in—the prisoner had go no for the doctor at the time, but no doctor saw it before it died.
ELIZA BAILEY . I am married—I live at 66, Jutt's Road, next door to the prisoner—on Saturday, 26th May, about 5 in the morning, I heard the child crying very slow—about 11 I saw the prisoner, who I knew at Mrs. Laurence, and asked her where Alice was; she said she was lying down, she was not well—about 12 I asked her again if she was still lying down, she said "Yes"—I asked her if she had a cold, she said "Yes"—I said perhaps it was through her crying so much on Thursday, that it put her in a fever—she said "Very likely"—I did not hear the child cry at that time—about half-past 5 I heard it cry, but not very loud—Laurence opened the window and asked me to come in—I went in and saw the child on his lap, it had a dreadful black eye—I asked Laurence who did it—the prisoner was not there then—I saw that the child was very bad—I took it up—I was in the room when it died, about 6, that was before the doctor came—I had seen the child out once before the Saturday, and I had seen it up at the window frequently.
RICHARD JOHN WHEELER . I am a registered medical practitioner, at 560, Mile End Road—about 7 on the evening of 26th May the prisoner came to my house and said the child was very bad, she was afraid it would die, it was suffering from a scald, and to go and see it at once—I went at once with her—on the way she spoke about having given it a bath in the morning, and that in consequence of that it was scalded—she said she had put a little soda into the bath, the child being dirty and rather delicate—when we got to the house I found the child lying in bed partly dressed and quite dead—I think it had been dead about an hour, the extremities were quite cold, the body was covered with bruises—the man Laurence was there—I mentioned the blackness about the eyes, and he said something to the prisoner about telling the truth who did it—she admitted having struck the child in the eye for some little dirty act, and that it fell and hurt itself in that way—I afterwards made a post-mortem examination—I found a great many bruises—the scald was a very extensive one, extending from just below the ribs on the back to very near the knees on both sides, measuring 10 3/4 inches from above downwards, and over 13 inches from side to side—the thick skin on the right heel was removed by the scald, and the parts just above were quite blistered—to have scalded it in that way I should say the water must have been boiling, or very nearly so—the cause of death was the shock to the system from the scalding—when a large portion of the skin is injured in this way it is dangerous, especially with children; it ought to have been noticed immediately; practically nothing was done, the ointment was of no use—the prisoner said something about the child falling about, giving it a blow and falling against the mantelpiece—I asked her when the scalding occurred—she said in the bath, and the first thing that attracted her attention to the child was the skin peeling off—I asked her "Was not the water boiling?" she said not, that she had added some cold water to it, and that she had tested the temperature with her hands—I said a careful woman would have tested it with her elbow, or some more sensitive part.
there—I said "How did this happen?"—she said "I could not sleep this morning, so I got up early to give the child a bath; it is a very dirty child"—I said "What time was it?"—she said "About 7 o'clock"—I said "How about her being scalded like this? did not you try the water before you put her in?"—she said "Yes, with my hand"—I said "Which hand?"—she said "Both"—I noticed her hands; there was no sign of any burning or scalding—I said "How much water was there?"—she said "Two saucepans of boiling and two cans of cold"—I said "How did you know that the child was being scalded? did not she scream?"—she said "Not until I saw the skin coming off; she did not cry more than usual; she always cries when being bathed"—I said "Did not you take it to the doctor?"—she said no, as she did not cry she did not think it was so bad—I then said "How about these bruises?" pointing to the right eye, which was black—there was some hesitation, when Laurence said "She done it"—the prisoner said "Yes, I own I done that; I gave her a smack on the head and knocked her against the fireplace"—I said "When was that?"—she said "On Wednesday last, because she was dirty"—I said "But what about these?" pointing to the left side, where she was black at the back of the ear—Laurence said "She done it"—the prisoner made no reply—she said to Laurence "You shook her the other day; you nearly shook the life out of her; you gave her a smack on the head and said you wished she was dead"—he said "I never knocked the child about"—she said "Ain't you, though "—I consulted with the doctor and took the prisoner into custody for causing the child's death—she made no reply—the man was also taken into custody, but was discharged by the Magistrate.
The Prisoner's Statement before the Magistrate. "I did not bath the child with the intention of doing it any harm, neither did I cause all the bruises about the child. I only beat the child when it was so dirty, to break her of her dirty habits."
Witnesses for the Defence.
SARAH MATTHEWS . I live at Leyton—I had the care of this child from September to December—Atkins, the father, brought it to me, through his wife's filth and drunkenness—he paid me 5s. a week for keeping it—the father came with Laurence and fetched it away, and said they were going to take it home—they brought it back to me for a day at the latter end of February, and then it was so fat it really could not stand, it fell about so—I have not seen it since—when it first came to me I could see its bones through the skin—with the greatest care I brought it up—I had to go to the doctor twice a week; it was ordered cod-liver oil.
Cross-examined. It was a healthy child, but very dirty, through the mother's neglect.
Prisoner's Defence. I did not bath the child with the intention of causing it any harm; I was always in the habit of bathing it before I did my work. I only put two saucepans of hot and two quarts of cold. The child did not cry more than usual. After a few minutes it cried more, and I saw the skin coming off, and I took her out and put a cloth round her. I did not cause the bruises; it fell about very much. When I took her to the doctor he said she was dropsical. I took her to the children's hospital at Shadwell for two or three months, till I could not carry her, she was so fat. The doctor said she might die at any moment, at she was dropsical.
GUILTY. Recommended to mercy by the Jury. — Twelve Month' Hard Labour.
MR. GRIFFITHS, for the Prosecution, offered no evidence.
NOT GUILTY .
MESSRS. POLAND and WARBURTON Prosecuted; MESSRS. BESLEY and
HENRY DYSON . I live at 6, Smith Street, Westminster—I am an engineer's labourer—about 11.30 on the night of 7th June I was at the corner of George Street and King Street, Westminster, talking to Thomas Leatherbarrow—he was a cab proprietor aid driver, and was between 38 and 39 years of age—I had known him for some months—on this occasion he was with his cab, which was standing outside the public-house—as we were talking together the prisoner came up; I did not know him—he was intoxicated—he said to the deceased "You are a very fine man, you are"—the deceased replied "You are a fine-looking old chap"—the prisoner was very abusive and used bad language to the deceased, and made a blow at him with his stick—the deceased put up his left arm to prevent it, and then he pushed the prisoner from him with his right hand—he staggered back about two yards and his hat fell off—he picked his hat up with one hand and rushed forward with his stick in the other, and lunged it forward into the deceased's eye—he spun round and fell at my feet on his back—I found that he was insensible—I assisted a constable in putting him into a cab and went with him to the hospital and assisted in putting him to bed—he was bleeding very much from the eye and was insensible the whole time—there had been no provocation beyond what I have stated, not an angry word—when the deceased fell, the prisoner turned the corner and went away—I did not see Mr. Wallis there.
Cross-examined. I had been friendly with the deceased for a few months—I heard no mention of a place where the cab was to be driven to—I did not hear the deceased say to the prisoner "You are drunk."
WILLIAM FRANCIS ANNESLEY WALLIS . I am a lieutenant in the 1st Battalion of the King's Shropshire Light Infantry—on Thursday night, 7th June, I was passing by the public-house in King Street—I saw two men on the pavement—I did not notice the last witness—the prisoner was one of the men, the other was a cabman—they were standing facing each other—I saw the prisoner come round and go towards the other man—he put out his stick in a sort of a drunken way, a drunken sort of a stagger, and thrust it at the other man, who seemed to me to be advancing too—they came together, and the stick went into his eye—I saw the man fall—I went up to see if I could be of any use—I saw that he was being well looked after by two or three persons, and a constable was there—he asked me to go for another constable, which I did—I saw the man put into a cab and taken to the hospital—I had not seen the earlier part of it—I was coming towards them—when the blow was struck I was about eight paces from them.
Cross-examined. I gave my name to the police—I was walking towards
them, coming nearer—I did not notice any slanging taking place; I did not see the hat fall or any push or blow—I saw them after that; I saw them standing before the deceased had been injured at all—I have described it in this way: "It seemed to me that the deceased came on to the stick as much as the stick was pushed on him"—it was a little of both—what I meant was, that the stick was pushed out, and he then delivered the lunge; the pass of the stick was delivered first, and then, after that, the stick came into collision with his eye; they seemed advancing towards each other; the prisoner was staggering; he was dead drunk—I should certainly think he did not know what he was about.
Re-examined. He had not got the full length of his arm, before the man came on to the stick.
FREDERICK SALA (Policeman). I came up after the man was injured and laid hold of the prisoner—the deceased was lying on the ground bleeding from the eye—I took the prisoner into custody—he said "What did he hit me for?"—at the station he said "The cabman struck me hardly in the face, and I might have poked him in the face with my stick"—I produce the stick.
GEORGE BAKER . I was physician at the Westminster Hospital when the deceased was brought there between 11.30 and 12 o'clock—he was quite unconscious—there were two wounds, one very slight; one about three-quarters of an inch below the left eyelid, the other was on the eyelid itself—he did on the 9th—I made a post-mortem examination—the wound must have been inflicted by a blunt instrument going under the eyeball through the skull, between 4 and 5 inches into the substance of the brain—the wound was the cause of death—considerable force must have been used.
Cross-examined. I mean that there must have been force behind the stick—the deceased was a heavy man—I don't think that his running on the stick would have caused such an injury—I should say that there must have been more force used by the prisoner, than by the man advancing.
NOT GUILTY .
NEW COURT.—Wednesday, June 27th, 1883.
Before Mr. Justice Lopes.
MR. PELLEW Prosecuted; MR. BURNIE Defended.
GUILTY of the attempt. — Twelve Months' Hard Labour.
JOHN PODESTA . I am a cabinet maker, of 1, Back Hill, Holborn—on 14th June, between 10.30 and 11 p.m., I was walking along Eyre Street Hill, and saw the prisoner; he mumbled a word or two to himself and then ran after me and stabbed me behind my left ear; blood ran down my neck; he tried to run away, I ran after him, and he turned and struck me on my chest with something sharp; I believe it was a dagger
—I followed him—a boy tripped him up and he was stopped—I had not done anything to him—there was a dispute the day before between some Italians, but it had nothing to do with me—I believe it was at the Crown, on Back Hill—the prisoner was there.
Cross-examined. Eyre Street Hill is not a dark place—I had not more than three friends with me, and they were friends of the prisoner—the prisoner had a group with him—I came from Genoa—I do not know whether the other men were Neapolitans—I don't know Emilio Ramondo—there had been a great disturbance at the public-house the night before, but nothing to do with me—I have been very ill since this, and I have a very confused idea—my friends may have fought with the other men; I don't know, I passed on—there was no confusion and noise then, but a crowd was blocking the pavement—the shops were open—I am quite sure the prisoner is the man—I never left him; he was never more than four yards from me—I had seen him once or twice before—he was tripped up and I fell on him—the prisoner only was running; the others all went away—I did not see my friends run—I never took my eyes off the prisoner—he did not turn any corner after be stabbed me.
HARRY WESTBURY . I am a labourer, of 14, South Street, Holborn—on 14th June I was outside a baker's shop in Warner Street, and saw Podesta, and the prisoner coming after him with a knife turned round at the top, in his hand—he stabbed Podesta in the back of his neck with it from behind and ran away—Podesta said "I am stabbed," and ran after him, and he turned round and stabbed Podesta in the chest—I ran up, and saw them both fall together—a man tripped the prisoner up—three constables took him.
Cross-examined. The street was well lighted opposite the baker's—I do not know Emilio Eamilio—a good many Italians were there, and there was a great deal of excitement.
Re-examined. I have no doubt about his being the man who inflicted the two stabs—I never lost sight of him till the constable came.
ANNIE MORALER . I am the wife of Sylvester Moraler, of 40, Little Warner Street, Clerkenwell—on 14th June, between 10.30 and 10.45, I saw the prisoner running" after Podesta with a knife in his hand, and a crowd behind him—Podesta said "Put the knife down and I can fight you," and with that the prisoner gave him a stab behind his ear with his right hand, by the beershop—Podesta put his hand up and said "I am stabbed"—the prisoner ran, and Podesta ran after him, and they fell a dozen yards off—an old man came up and went to the prisoner, and took the knife and put it in his pocket—I knew them both, and the old man too by sight—he is an Italian; I do not know his name—he said "Dala, dala," that is "Give it to him."
Cross-examined. I was not before the Magistrate—I only know Podesta by sight by living in the neighbourhood—there was a good deal of confusion, but I did not hear of any fighting—I am quite sure Podesta did not have a knife—I do not know Emilio Ramondo.
JOHN MILLER . I am Divisional Surgeon of Police—about 11.30 on 14th June I examined Podesta, and on the upper part of the neck, behind his left ear, I found an incised wound an inch and a half long and half an inch deep, penetrating to the bone—it must have been a very severe blow indeed—he had another incised wound between his second and third
ribs, on the right side of his chest, about an inch from the sternum, pointing upwards and backwards, and striking against the inner edge of the third rib—lie lost a large quantity of blood, and he was semiconscious while I was dressing the wounds—he was in a very dangerous state on the Sunday—if the knife had not gone against the rib the injury would very likely have been mortal—a clasp knife would inflict the injuries—it went through his coat, waistcoat, and shirt, and was stopped by striking against his ribs.
JOSEPH GRAMMITT (Policeman 276 G). On 14th June, about 10.45, I was in Warner Street, and heard some one say "Look there, he has got a knife"—I looked round, and saw the prisoner stab Podesta in the neck, outside a beerhouse and run away—Podesta followed him, and he turned round and stabbed him again in the chest—he ran again, some one tripped him up, he fell, and I took him without losing sight of him—he said "I did not do it with a knife; I did it with a pipe"—his witnesses did not attend before the Magistrate.
Cross-examined. If I said before the Magistrate "The prisoner said I did not do it with a knife, I only had a pipe in my hand," I must Hare made a mistake—this is the note which I made of it at the time. (This skied "I did not do it with a knife, I did it with a pipe")—I was 10 or 12 yards from him—it was very light where he was caught.
Witnesses for the Defence.
THEODOBO MARINI (Interpreted). I am an ice-cream seller, of Eyre Court, Saffron Hill—on 14th June, between 10 and 11 o'clock, I saw this disturbance—I saw the prisoner Emilio Bamondo, Podesta, and several others—there seemed to be a conspiracy among them—a friend of Podesta's went to the beershop to fight them, and the prisoner and Podesta were standing in the street with Bamondo—I did not see anybody stab Podesta—I did not see Bamondo stab him—I only know it by the month, of somebody else.
VICTORIO PRETI (Interpreted). I come from Italy—I have only been in England two years—I live at 10, Eyre Court—on the night of June 14 I saw Podesta and a man named Maranconi standing together—I saw nothing in Podesta's hand—I do not know Ramondo.
MARIA MELLA . I live in Eyre Court, Saffron Hill—Emilio Ramondo lives in the same house—he came home without a hat on the night of June 14, and said that he had done his share—he went away a day or two afterwards, and I saw him no more.
GUILTY on the Second Count. — Fifteen Months' Hard Labour.
MR. ISAACS Prosecuted.
GUILTY .— Twelve Months Hard Labour.
THIRD COURT.—Wednesday, June 27th, 1883.
Before Mr. Recorder.
665. FREDERICK SWINFORD (47) , Obtaining by false pretences from Walter Bishop Palmer, a quantity of timber, value 61l. 2s. 4d., with intent to defraud, also obtaining credit under false pretences, being an offence being under the Debtors Act.
MR. WILLES Prosecuted; and MR. GILL Defended. WALTER BISHOP PALMER. I am a timber merchant of Lisle Street, Leicester Square—on the 8th April last the defendant came to my place and told me his name—I said he was a stranger to me—he said "I have been here before, I came with a Mr. Vokes, a customer of yours"—I said "Yes," and asked him what he wanted—he said he wanted some timber—I said "Your recommendation is very unfortunate, because Mr. Vokes owes me 96l. at the present time, and I see no chance of getting it; he pawned my Dock orders as soon as he got them"—he said "It is all right, I am going to let him have some bricks, and he will redeem the Dock orders and get on with the job"—I asked him where he was going to build, and he said in the Harrow Road, Willesden, and said they were to be cottages—I said "You want stuff for cottage purposes"—he said "2 1/2 by 77/8 flooring," and such like—I asked him ft he had been bankrupt or compounded, and he said "No"—I said "I won't say anything about it now, you can see me in the morning"—he came about 9.30—I said "I do not know much about you, Swinford, in fact I know nothing about you; who is going to finance you in this job?"—he said "I shall not want any money; I have plenty of my own"—I said "You are better off than the generality of speculating builders"—he said "Yes, I have a thousand pounds to come from some land at Acton"—I said "Have you no charge on it?"—he said "No, that was my profit"—I said "Well, how about the carting of this timber? because we have carmen to cart for you," and he said "I shall cart for myself "—I said "Have you got horses of your own, then?"—he said "Yes, I have three horses"—I thought it looked a very good thing, and I said "I think I shall let you have some stuff"—he said "I hope you will let me have the Dock orders for some battens this morning; my men are all standing waiting for this, for the ground joists; the foundations are in"—I thought the matter over and gave him some Dock orders for 2 1/2 by 7 for joist purposes—he said he had all his bricks on the ground—I let him have about 26l. worth, or something like that—the battens were taken from the docks—I asked him where he lived—he said "I live at 4, West Street, Battersea Park Road, I am well known there, and have been there for years; I have built scores of houses over at Gunnersbury, and they always come out all right"—he said he owned the house he lived in—I asked him if he had a bill of sale on his furniture, and he said "No, I do not blame you for being particular, for there are some funny ones about"—on the 11th April a van with two horses came to my place to take away 60 deals 12 feet 3 by 9 with two flat-cut—I went to look at the horses, and said "Are these your horses, Swinford?"—he said "Yes, Sir "—I said "That is a rum-looking crop, that front one"—he said "That will be all right; I have not had him long. I will soon get him up as good as the other"—I said "Is this your van?"—he said "No, I had to borrow this one, as mine is at the wheelwright's being done up"—one horse was grey, and the other black, I think—the grey one was out of condition—the timber he had was altogether of the value of 61l. 2s. 4d.—I saw him again about the 1st or 2nd May, when he came up to the office, and said "Have you heard anything about me?"—I had heard something, so I was careful, and said "I don't know what you mean as to having heard something about you"—he said "I have been to the freeholder, Mr. Jones, and he says I have been a bankrupt,
and been in prison, that is all lies; that is Vokes's doings; I know how it was, because I would not let him have the bricks to swindle me out of"—I said "Is it a fact you have been in custody?"—he said "No, go help me God I have not"—I said "Have you been a bankrupt?"—he said "No, never, and the freeholder sympathises with me, and is going to help me all he can"—I said "You won't want hi to help if you have got so much money"—he said "Yes, I dare say you can do with 20l. next week"—I said "Oh yes, I can do with a lot," and he ordered some stuff then, and said the houses were nearly roof high—he pressed me for a Dock order for 60 or 70 squares of flooring—I said "You had better wait, as there will be a drop I think in the price next month"—when he spoke about the freeholder sympathising with him he had his handkerchief out wiping his eyes—I did not let him. have any more—the next morning I went down and looked at the land, and expected to see the houses—I found a patch of ground with about 50 feet super of grass cut off it—there were no battens on it or foundations, and I have never been paid.
Cross-examined. I think the freeholder had not entered into possession when I went up—the freeholder was there—I might have said at the police-court that he was in possession, because he told me he was going into possession there and then—he walked on the ground, and that is all that would be necessary—there was nothing dug out—the grass was cut off, which I suppose they sold for turf—I might have said there was something dug out, but it was only the grass taken off, and no signs of foundations taken out—I have been in Lisle Street two years, and I am there on my own account—before Lisle Street I was four years with Barnes and Fox, timber merchants—I left them when I went into business—I deal with speculating builders, and have had very large experience, I may say six years—I was surprised to hear of the amount he said he had—there are some speculating builders who have really made fortunes—he did not tell me that the money was locked up in land, unless he calls this being locked up in land—lie told me the gentleman the money was to come from was on the Continent, and his agent could not settle with him till he came home, which would be three weeks, but he was going to see the agent, and he would let him have 200l. or 300l. to go on with till the gentleman came home—he did not say that the land was coming out of land at Gunnersbury, and was locked up—he did not say he had 200l. locked up in land at Acton—he did not mention the gentleman's name—I have heard it since—I told him I wanted 40l. cash for the first 100l. order—he told me the freeholder he was going to build under was Mr. Jones—I think that was on the 8th or 9th April—the name of the gentleman he told me he had been building for at Gunnersbury was, I think, Lucas, not Brown—it was Lucas, because I asked him if it was J. M. Lucas, now building on an estate in Sandy Lane—he said no, it was not that one—he took a Dock order for a portion of the timber which he is charged with obtaining on the 9th April—on 11th April he took away some, and also on the 12th—his van came on the 12th—I sold him the whole of the timber which is comprised in the 61l. 2s. 4d. on the 9th April, but it was not delivered, because it had to be cut—he told me about the horses on the morning of the 9th April, when I wanted to know who was going to cart his battens from the dock, and he said "I am; I have my own horses"—I saw him again on the 23rd April, when he came to fetch away some stuff which he had in the first transaction—the second
order was not till May, and then I did not execute it—I had received certain information—the main part of the conversation took place before even I booked his orders as to what he required—I did not communicate with him about the information I obtained, but some of his party came to me.
LEWIS ALFRED JONES . I am a surveyor, of 16, Tokenhouse Yard—in March last I advertised some building land at Willesden, and about the 24th the prisoner came to see me, and made arrangements to take 12 plots at 4 guineas a year—I asked the questions which I generally put to men I do not know anything about—there was a sum of 6 guineas to pay before he signed the building agreement—he did not pay it, and we made other arrangements, that on his putting a certain amount of timber on the ground I was to allow him to have the building agreement; I think he mentioned 100l. or 150l. worth—I saw the timber on the ground the day before he signed the building agreement (produced)—I went down on the 13th April, I believe, and handed him this part of the building agreement, and he asked me whether I would let him have 10l. to pay the carting—I told him I could not do that, but if he would call at my office the next day I would let him have 5l. to pay for the cartage of timber delivered—he called at my office the next day and obtained a cheque for 5l.—I have never had the money from him, or a previous 2l. which I lent him—I went down a little while after; there were no bricks there, but I should say about 40l. or 50l. worth of timber—on the 2nd or 3rd of May I re-entered.
Cross-examined. I believe the prisoner came to me on the 20th April, after the agreement was signed, and stated he had a gentleman to finance him, a Mr. Baker, and he asked, if this gentleman financed him on the building agreement, would I extend the time for roofing-in and finishing the property; he objected to the time—I said I had no objection if he had a gentleman to finance him, and I wrote to Mr. Baker to that effect, and gave him the letter to take on—I called on Mr. Baker on the Monday, and he told me he had no intention of financing Swinford, at all events not until it was roofed in, and that he had continually told him so—I should have used my own discretion as to whether I should have entered on the ground if the prisoner had anybody to finance him—I could not allow him to go on building at his own time; we must have a limit to everything.
SAMUEL JAMES MATES . I am a carman, of 27, Carey Street, Panton Boad, Nine Elms—I have seen the prisoner several times—he came to me about the middle of April, and said he was going to build some houses, and would I do his carting for him—I told him I would, and asked if he knew my terms, as I was only a poor man—he said, "What are they?"—I said, "Money once a week"—he said, "lean pay you every night"—I said, "I do not want that, but once a week"—he told me he was going; to buy some timber somewhere, and if I agreed he would fetch me the Dock order, and he told me to send the same man, van, and horses on each occasion—the next morning he brought a cheque, which I went to change for him—I had one black and one white horse; the white one is rather out of condition, I have it at home now—the carting cost 5l., and he has not paid me a penny.
about last August—he had a back parlour downstairs, and afterwards a front room on the first floor—a woman lived with him, who I supposed to be his wife; they occupied one room—he was supposed to pay, 6s. 6d. a week, but it was only "supposed"—I hardly know whether he is away now—he has had the key, and I have never had my rent—I lived there until a few weeks ago, until I had my own goods seized.
JOHN ANDREW JONES . I am Chief Clerk at the Brentford County Court and produce the file of proceedings in the case of Frederick Swinford—the petition was filed on the 20th February, 1878, and the adjudication on the 24th September, 1878—the creditors agreed to accept 2s. 6d. in the pound by a resolution of the 3rd February, 1879, and there is an affidavit on the file by the debtor, in which he says he has paid it.
GUILTY .**— Twelve Months' Hard Labour.
An order for the restitution of the property was granted.
FOURTH COURT.—Wednesday, June 27th, 1883.
Before Mr. Common Serjeant.
MR. BRINDLEY Prosecuted; MR. BRAXTON HICKS Defended.
SARAH COURTNEY . I lodge at 100, Central Street, St. Luke's, where I rent two rooms on the second floor from Horatio Isaacs, the landlord, who occupies the rest of the house—on the morning of the 18th of June, about 11 o'clock, I was coming upstairs from the yard, and saw the prisoner on the first-floor landing near the bedroom door, putting his head out of the landing window—I said "What do you "want here?"—he said, "I have been upstairs to see Mrs. Wheeler"—I said, "You have not; what do you want here?"—he said "It is a greengrocer's shop"—I said "No, it is a fruiterer's shop"—he said "She used to live here"—I said "No, she did not"—he said "But I was recommended here—I said "No, I occupy the whole of that floor, and you shall not go until you tell me or explain what you want here"—at the same time I got hold of him with my right hand and clenched the bannisters with my left—he said "Let me go"—I said "No, you shall not"—he took the whole force of his two hands and threw me from the top of the stairs to the bottom, down 14 stairs—he jumped over me on to the landing—I screamed out" Emily, Emily, lock the door," and the young girl touched the spring, locking the door, and tried to seize him—he threw her on one side, and made for the back door—I opened the side door and screamed for help—he escaped over the back wall, about 18 feet high, and got into Lever Street, but he was brought back in about 10 minutes into the house, and detained till the constable came and took him to the station—he was close to the door of Mr. Isaac's room when I first saw him—he could have hold of the door and look out of the window at the same time.
Cross-examined. The front door is generally shut, you can push it open with your knee—I had been downstairs 8 or 10 minutes before I came up and saw the prisoner—I had been in the yard—Isaacs lives in the room next the front door on that floor, and sleeps upstairs—the land-lady's daughter was in that front room—there is a greengrocer's shop
almost opposite—I do not know Mrs. Wheeler—I can't swear the prisoner had hold of the handle of the door when I first saw him—on the landing above this were my two little children only—he did not push by me, he caught hold of me and threw me down—he jumped on to my foot—he used what violence he did to get downstairs—eventually he got into the house in Lever Street—I do not know who found him there, I do not know the number of the house—I helped catch him, he was caught in the street—I and Mrs. Isaacs and her daughter and others brought him into the house he sat in a chair and said "Don't charge me"—I said "Don't charge you, when you have thrown me downstairs"—I went up to my rooms after the constable had been—he had not robbed me of anything, I don't believe he had been to my rooms—he said "Don't charge me, I will give you any recompense if you don't lock me up"—at that time I was going to charge him with knocking me down—Mrs. Isaacs was not in the room then, she had gone for the constable—she charged him with stealing the purse when the constable came—I did not hear her say anything to the constable before she went—the prisoner was not drunk, he could not have got over the walls so nimbly if he had been—I don't know if he had had some drink.
By the COURT. The back door was open—it was not discovered that any purse was missing before the constable came.
EMILY ISAACS . I am the daughter of Horatio Isaacs—at 11 o'clock on this morning I was in the parlour near the front door—I heard the noise of some one falling downstairs, went out to see what it was, and saw Mrs. Courtney falling down and 'the prisoner jumping over her—she called out "Emily, fasten the door; there is somebody in the house"—I fastened the front door so that he could not get out, and Mrs. Courtney caught hold of the door and opened it and stood outside, and I held the man back in the passage—he struggled with me and drew me along the passage, and got out through the back door and into No. 1—we ran round, and he got over the wall into a house in Lever Street—we ran round and caught him, and there were a lot of his companions there and they got him away, and put him under a cart so that he could get away—we ran round to the other side of the cart and caught him, and took him back to the house, and two of his companions, who said they were his sister-in-law and daughter-in-law, came and stopped in the house with him till the policeman came—the policeman turned his companions out—I and my mother and Mrs. Courtney and some neighbours chased him And brought him back to the house.
Cross-examined. It was my mother's purse he was charged with stealing—I called them his companions because they were his relations—they were not jumping over the wall with him—I did not go to the station with my mother; they came and fetched me afterwards.
ELIZABETH ISAACS . I am the wife of Horatio Isaacs, of 100, Central Street, a type founder—on this morning, at 11 o'clock, I was in the house next door, we occupy both houses, and hearing the cries of my lodger, I ran out—she was holding the door by the knocker and was saying "You shan't come out this way"—I did not see the prisoner then—my daughter screamed out that the man was getting over the wall—I ran round to the house where I thought it likely he would get out, and ran through into the yard and saw him getting over the tiles of the house at the back of our house, trying to drop on to the wall, but his coat caught on a nail,
and he hung, and it was a minute before he could release his coat—the lady came out with the copper stick, and offered to knock his brains out if he came down into her yard—he got away from the hook and dropped on to the tiles below—before he got on to the wall he threw two things, one was a piece of brick, and something black, which I think was my purse—he got over the walls and came down into a chandler's shop in Lever Street—a man on the tiles called out "He is getting into Lever Street," and I ran round into Lever Street and caught him coining out of the chandler's shop—he dragged me over to a public-house and got under a brewer's dray—some men came up and caught hold of me and called me filthy names, and asked me why I did not let him go, and pushed him under the dray and said "Now make the best use of your time," and I ran round and caught him and brought him back—I picked up my purse in the yard; it was empty—this is it (produced)—it is like what the prisoner threw—I had left it just inside the drawers on the first-floor front room, on the landing where the prisoner threw Mrs. Courtney down—there was 2l. 16s. in it then, or I won't be positive whether it was 3l.—there were no pence—the brick did not strike any one; it was meant for me or the woman who was daring him to come down—I found the purse after he had been taken to the station—he was taken back to the house and given in charge to a policeman—I did not examine the room while the policeman was there—I missed the purse when at the station—I put my hand into my pocket, thinking I had put my purse there, and after I remembered I had not put it in my pocket; I remembered leaving it on the drawers, and I went back to the house to see what was lost and to look expressly for the purse, and then I missed it—I went into the yard, as I thought some of the money might have been dropped if he had taken it—I did not find it—my son has since been on the tiles; there was not any dropped there.
Cross-examined. I first saw him going over the wall—I went for a constable—I did not know when I went to the station that I had lost anything—I said to the inspector I locked him up for knocking a person downstairs and for being in the house for an unlawful purpose—I don't know whether I was asked if I had lost anything—I put my hand in my pocket to see if I had lost anything, because I was accosted by some women coming down the street—they begged me not to press the charge—the officer went back to try and find them—I said "I have lost my purse;" I did not say "in the crowd"—I went to my room and found the purse gone, before I found it in the garden—I had put it in the drawer the night before—I gave a little description of the women who accosted me—I told the inspector there was near about 3l. in the purse—I had not got it in my pocket when I was chasing the prisoner into the yard—I did not miss anything else—to the best of my knowledge the door of the room was locked, and the key taken away—I did not look for any marks about the door—we make it a rule to lock the door.
MICHAEL HICKEY (Policeman G 76). On this morning I was called to 100, Central Street, about 11.30, and the prisoner was given into my custody—I asked him what brought him in the house; he said to see Mrs. Wheeler—I took him to the station and searched him, and found on him half a sovereign, 8s. in silver, 3d. in bronze, six keys, and a knife (produced)—several of the keys are skeleton keys.
Cross-examined. He said Mrs. Wheeler was a friend of his—I was
called to the house by Elizabeth Isaacs—she said in the prisoner's presence "I found this man in the house, I asked him what he wanted there, he said he went to see a Mrs. Wheeler"—I asked her if she would give him into custody—she said "Yes, I give him into custody for being here for an unlawful purpose"—I took him to the station with the assistance of another constable—they sell keys on barrows in Whitechapel—you would very rarely see keys like those three skeleton ones.
GUILTY . He
PLEADED GUILTY to a conviction of felony in January, 1872.— Seven Years' Penal Servitude.
667. ANDREW COOTES (42) and WILLIAM DICKENS (34) PLEADED GUILTY to unlawfully conspiring to defraud James Rowney and other persons of their goods and moneys. The prisoners received good characters. COOTES— Nine Months' Hard Labour. DICKENS— Twelve Months' Hard Labour.
MR. D. J. LEWIS Prosecuted.
THOMAS KIELY . I am a sailor belonging to the "Duke of Wellington," lying at Portsmouth, and am staying at present at 96, Arlington Street, Westminster—about 12 o'clock on the night of 2nd June I went to the Adelphi Theatre, and met some one I had never seen before and made friends with him—we went in a cab towards my home at Westminster, and on the way stopped at the Rifleman public-house, dismissed the cab, and went in—we had a pint of bitter ale—the female prisoner was standing at the bar in company with another woman—she interrupted me while I was in conversation with some others who seemed to know me, took hold of my arm, and asked me if I knew the Duke of Wellington flagship; I had not said a word about the ship before; I have the name on my cap, which I had on—I treated her to some beer, and she asked me several questions about Portsmouth—after that I asked her to have a glass of ale and told her to leave off and let me speak to my friends first—at turn-out time, about 12.20, we came outside, and I bade good night to the people that were there, and offered to bid her good night—she said "Don't go yet, come down to my home, I should like to see a good deal of you while you are up here"—I went down to her home, 6, Bull's Head Court—I said "Have you any drink in the house?"—she said "No, I have not"—I said "I think I will go home"—she said "Don't go home, wait here"—I then said "No, my father is waiting at home for me, and he will wonder where I have got to"—she said "Never mind, you will be quite comfortable here"—I said "Well, I feel very tired, and I think I will go to bed"—she said "Very well;" so I said "Do you want any money?"—she said "Yes"—I took out my purse and gave her 2s. 6d.—she then said that would not be enough—I said "Well, you won't get any more"—she said "Let me see what you have got"—she took the purse and emptied the contents on the table—I said "Be quiet, and don't touch that money"—she said "No, I wouldn't touch it for the world"—I picked the money up again and put it back in the purse; there was 19s. 9d.: half-a-sovereign, two half-crowns, two two-shilling pieces, sixpence, and three coppers—she saw me do all this; she was standing by the table
—I put the purse in my right-hand trousers pocket—this is the purse (produced)—when I took my trousers off I rolled them up and put them under my head on the pillow—the female prisoner came to bed some time afterwards and put the light out—I went to sleep about 1.30 as nearly as I could judge, and at 1.45 I woke up—I sat up in bed and put my hand behind me to feel whether my trousers were there and they were gone—I then heard a heavy footstep in the room; I jumped out of bed and exclaimed to the female prisoner "I have been brought here to be robbed, and you have robbed me"—she said "I did not do it"—I struck a light and saw my trousers across a chest of drawers, about two steps from the bed—I am positive I had put them under my head—I could not reach to the drawers from the bed—I caught hold of my trousers and felt if there was any money there; there was nothing in the pocket—I put my trousers on and Stewart jumped out of bed; her dress was lying across a chair; she was in her nightdress—I caught hold of her dress and tore the pocket out, feeling for some money at the same time in the pocket—there was no money there—I caught her by the hair and said "If you don't tell me where my money is you will be sorry for it"—she screamed—I let her go—I turned round and saw the door open—it must have been open before; it was not closed when we went to bed—I ran out into the yard and said "Some one is here that has got my money, and if I don't get it I will upset the house"—I saw nobody—I looked: round the yard, and was going to the door again, when I saw Williams standing about five or six paces from the door I had come out of, No. 6, crouching under the shadow of the wall as if to get out of the way—I went over to him and said "Give me my money"—he said "I have not got your money; I am landlord of this house; what are you doing here?"—I said "You are not landlord of this house"—he had on a dark coat, which wag open—I caught hold of him by the throat and said "If you don't give me my money I will knock you down"—he pushed me, and I struck him in the face with my hand—we closed together, and I put my hand into his coat pocket and felt a purse and a pocket book; the purse felt like mine, which was a small one with a steel top—I had no pocket book—he then struck me in the face with his fist and knocked me down—I got up and struck him back, in the chest—we struggled for a little while together, when he threw me off on one side, ran in the house, and I ran in too—I picked up my serge and silk handkerchief, which were lying on the floor; I had been in ray flannel and trousers all the time—I saw Williams stoop and pick something bright from a drawer which had been taken from a chest of drawers on which my trousers were thrown and was lying on the floor—I then ran out into the yard, and ran round, and tried to find my way out, when Williams followed me—I turned back and ran up to him and said "Give me my money and let me go," or I would knock him down—he said "I will settle you," and raised his right hand—I saw his hand in the air with the knife in it—I exclaimed "Don't stab me, you villain, but let me go"—he tried to put the knife into my breast—my breast was bare, my flannel was open, and I had no serge on—I hit him with my fist and knocked him on one side—he came up to me and tried to put it into my breast again—I went to dodge and get under his arm and he cut me about the throat, and put the knife into my neck, drawing it across my neck—it was a long knife, that is it. (A table knife was produced)
—I staggered against the wall with the force of the blow, and Williams stood for a moment and looked at me—I gathered myself together and hit him with my fist and knocked him into the middle of the yard—he got up—I ran round the yard—the blood was coming from the wound, and it was very painful—my flannel was covered with blood, and I thought I should drop if he followed me much longer—I turned on him again—he went to strike me with the knife; I stepped on one side, and hit him in the face with my fist—he fell in the middle of the yard, and I ran round the yard again, trying to find the way out, but could not, there being a high wall, about 8 or 9 feet high—I went to step back to see if I could jump it, and turned my head and saw the prisoner behind me with the knife raised as if to put it into my back—I took a jump, and came on my knees on the wall, and fell into the court running down by the yard, and there was a man there that recognised me—he picked me up and I fainted away, and when I came to, this man had me in his arms at the same place—he took me to Westminster Hospital—I had my wounds dressed by Dr. Butler—we came away, and met a policeman in the middle of the road, and then went on till we came to the Rifleman public-house—there were some women in the middle of the road, and the female prisoner was standing amongst them—this was about 2 o'clock or 2.30—I caught her by the throat, and said "This is the one that robbed, me"—the policeman took her in charge, and told me to come to the station—we went there; the inspector asked me to tell him all that occurred, and I told him—she said "It was not me; I don't know the man"—I am certain she is the woman—about an hour or an hour and a half afterwards Williams was brought in—they asked me if I knew him—I said yes, that was the man—I waited there till daylight, and then went with the constable to 6, Bull's Head Court, about five minutes' walk from Rochester Row—the policeman went in the room and brought out my boots, knife, lanyard, socks, and cap—I put my things on and went home—I did not see the owners of the place—I am certain Williams is the man—I was present when the constables found this knife in the drawers in the room—I went to the hospital at 9 o'clock in the morning and had my wound dressed again, and then I went to Rochester Row Police-station and prosecuted both prisoners before the Magistrate.
Cross-examined by Williams. You said "Do you think I have got your money? fetch a policeman and let him search"—you did not say you had money, but it was not mine—when I struck you a second time you ran into the room—you were not drunk.
Cross-examined by Stewart. You jumped out of bed, and it was after that I took you by your hair—I did not turn you into the yard—I had been drinking; I was not drunk.
By the COURT. I am pained still slightly by the wound, but nothing to speak of.
JAMES FAWNS (Policeman B 339). About 2.10 on the morning of 2nd June I was in Victoria Street—Kiely came up to me; he was all over blood—two men had hold of him, arm-in-arm, leading him along—he gave me a description of the two prisoners, and we all went together down Strutton's Grounds, leading out of Victoria Street—I saw Stewart at the bottom, and went across to her with Kiely—he recognised her as being the female—I said "Do you know anything about this sailor's money?"—she said "No; I have only 2s. 6d., which he gave me"—she produced
this purse at the station with 2s. 6d. and a penny in it—it is her own purse—I took her into custody—she was identified by Kiely, and detained at the station—I went to try and find Williams—I went down Rochester Row and into Peter Street, out of which Bull's Head Court runs—just at the bottom of Peter Street I saw this black purse, about 50 yards from No.6 I should think—I noticed marks of blood up and down the passage, close to the purse, and leading from the purse near No. 6—there are houses on one side of the passage and a dead wall on the other, with the exception of a little gateway—to get to No. 6 from the passage you have to go through one house into a back yard, and then No. 6 is at the back of that—I noticed nothing on the wall—I did not go to No. 6—Kiely had been drinking; he knew what he was about; he talked quite sensibly.
Cross-examined by Stewart. You gave jour purse to me at the station, not to the female searcher.
EDWARD BIRCH (Policeman B 234). From information received, about 5.15 on the morning of the 2nd I took Williams into custody, and took him to Rochester Row Station, where Kiely identified him when I brought him in—I apprehended him in Romney Street, Westminster, and said I should take him into custody for robbing and stabbing a sailor—he said "You have got the wrong man this time"—I searched him at the station, and found on him two half-crowns, one two-shilling piece, seven shillings, two sixpences, and sixpence in coppers, and this bottle of rum (produced) in the right-hand breast pocket of his coat—afterwards I went down with Kiely to 6, Bull's Head Court, and entered the room by the window—it is only a short distance from the pavement of Hans Court—I found Kiely's boots and socks under the window on the floor, standing as if he had just pulled them off—I searched the drawers, and found his hat and lanyard, and also this knife, with blood-stains on it—that was in a drawer in the set of drawers; it was not pulled out on the floor—the knife had slight blood-stains on the point; it looked as if some one after using it had wiped it with a cloth—there was another knife besides, with a blade of about two inches—Kiely showed me the wall at the back of the house where he jumped over—there was blood at the foot of it, as if some one had been bleeding.
Cross-examined by Williams. I took the money out of your breast-pocket—I did not take out two purses.
JOHN PEARL . I am a barman at the Olive Branch public-house, Waterloo Read—on the 2nd I opened the house at 5 o'clock in the morning—immediately after a gentleman came in for a quartern of rum—this is the bottle; it has our label on it—I don't recollect who it was came in—the price was 6d.—I don't recollect what he gave me in payment—between 5 and 6 o'clock on this morning I changed two half-sovereigns—I do not identify anybody as having changed them—I do not know whether they were black or white men.
Cross-examined by Williams. You asked for a quartern of rum.
SARAH WEBSTER . I am the wife of Alfred Webster—we lire at 10, Carey Street, Westminster—we are the agents for 6, Bull's Head Court—we let the rooms out at so much a week, and the landlord calls once a week—I know the prisoners—about three weeks before the 2nd June I let the front parlour to Stewart—I said "Are you married?"—she said "Yes"—I said "Where does your husband work?"—she said
"At the Aquarium"—I went down next morning to see whether she had a husband, and Williams hid himself behind the door—I went down next morning again to see him, and I saw them both sitting at the table—there was nothing on the table—I was convinced that they were man and wife—the woman paid the rent.
Cross-examined by Stewart. You brought another female with you when you took the room—I let it to you—I asked you if you had a husband—I did not say I did not care what was done there so long as the policeman was not brought there.
Williams's Defence. I am not guilty of the charge of stealing the money.
Stewart's Defence. I have nothing to say, only that I know I am innocent.
GUILTY . WILLIAMS then
PLEADED GUILTY** to a previous conviction of felony in January, 1881, in the name of William Bannow. There was another indictment for the assault, which was allowed to remain on the files of the Court. WILLIAMS— Five Years' Penal Servitude. STEWART— Nine Months' Hard Labour.
OLD COURT.—Thursday, June 28th, 1883.
Before Mr. Justice Lopes.
JALLANDS— GUILTY .— Seven Years' Penal Servitude.
CARDINAL— GUILTY .— Five Years' Penal Servitude.
NEW COURT.—Thursday, June 28th, 1883.
Before Mr. Recorder.
671. HARRY SMITH (18) to stealing, whilst employed in the Post-office, two letters containing certain papers, the property of Her Majesty's Postmaster General. ( See next cast.) [Pleaded guilty: See original trial image.]
672. JOHN LANE and HARRY SMITH were again indicted, with JOSHUA WILLIAM CLEMENTS (20) , for stealing, whilst employed in the Post-office, two post letters, each containing two orders for the payment of money.
MR. COWIE, Q.C., and MR. BAGGALLAY Prosecuted; MR. GOODRICH appeared for Lane, and MR. DALE for Smith.
JAMES ANDERTON . I am a butcher, of 1, Westbourne Terrace, Church Road, Hamersmith—on 25th May I made up a letter addressed to Mr. Webster, of Boulogne, in a printed envelope similar to this (produced),
and enclosed in it a voucher (acknowledging the receipt of 2l., which I had previously sent to be put on St. Blaise for the Derby), and put my name and address inside, and requested that my winnings should be sent to me, which amounted to 12l. less 10 per cent.—I posted it at 9 p.m., at the Broadway, Hammersmith—I received no reply—this letter (produced) purports to be written by me, from 92, High Street, Marylebone, but it is not, nor did I ever give that address—this is not my signature to this post-office order for 10l. 18s. 9d.
(Clements here stated that he wished to
PLEAD GUILTY to the forgery.)
GEORGE REMINGTON . I wrote a letter to Mr. Webster, of Boulogne, on 25th May, and enclosed in it an envelope addressed to myself at shepherd's Bush, and this voucher (produced)—I was to receive 10l. 18s. 9d.—I posted it about 10.10 p.m.—I did not put this (produced) in the letter, it is not my writing, nor did I instruct any one to give my address at 2A, Chapel Street, Edgware Road—I did not receive these orders—the signature to them is not mine or by my authority.
THOMAS HEWETT . I am inspector of the Western District Post-office, the three prisoners are employed there—a letter posted in the pillar box at Starch Green at 10.50 would be received at the post-office next morning—a letter posted at Hammersmith at 9 p.m. would arrive at the Western District Office about the same time—Lane and Clements were on duty at the Western District Office from 1 a.m. to 7.30 and would have access to the whole of the letters—Smith did not come on duty till 5 o'clock, and the letters would be dispatched at 4.30 before he arrived—I have often seen Clements' writing, this is some of it (produced)—I have compared these two requests with it, and think they are written by the same person.
Cross-examined by MR. DALE. All the letters should have been included in the despatch of 9.30, and I do not think it possible that Smith could have known that this letter came into the office—I think he was absent on the 25th—he is, I believe, in the volunteers—I do not know if they were out on the Queen's birthday.
JOHN STARKIE . I am clerk to James Webster, a commission agent, of Boulogne—on 27th May we received these two documents—the first purports to come from J. Anderton, claiming the winnings over St. Blaise, less 10 per cent., and asking that it may be sent to the address given—the other is from George Remington requesting that the winnings over St. Blaise should be forwarded to the address given above, which he says is a change of address, "Care of Mr. Smith, 2, Chapel Street, Edgware Edad"—upon that I gave instruction to my London agent enclosing an envelope addressed to Mr. George Remington, care of Mr. Smith, at the address appearing on the instructions.
HENRY JOHN ADAMS . I am agent in London to Mr. Webster at 426, Strand—I received instructions from Boulogne to make payments to Anderton and Remington, and these documents were enclosed—I obtained these post-office orders in the Strand, two for Anderton and two for Remington, and posted them to the addresses I had received.
GEORGE REYNOLDS FRIAR . I am a clerk at the Devonshire Street Post-office—these orders for 10l. and for 18s. 9d. were presented for payment on 29th May—I asked the name of the remitter, and it was correctly given as "J. Webster"—they were receipted when presented—I identified Clements as the person presenting them.
MARY JANE SMITH . I am assistant to the post-office receiver, 148, Edgware Road—on 29th May these two orders for 10l. and 17s. 6d. were presented for payment—I asked the name of the remitter, and it was correctly given "Webster," and I paid the money—about the same time a person whom I recognise as Clements wrote this telegram (produced)—I cannot say whether he was the person who brought the money order, but it was about the same time—it professes to be from Lane, 176, City Road, E.C.
WILLIAM SMITH . I am a bookseller, of 22, Chapel Street, Edgware Road—Clements is an occasional customer—I take in letters for customers, and he asked me to take in letters for him in the name of Remington—I did not know his name—about 29th May a letter came in the name of Remington, and it was given up to a party who came for it and paid 1d.
HELENA WESTON . My mother is a stationer and tobacconist, at 192, High Street, Marylebone—we occasionally take in letters—about 26th May a young man, whom I believe to be Lane, called and asked for a letter to be taken in, in the name of Anderton, which he said he expected on Tuesday—it came, I think, on the Tuesday, and was given to some one who called for it and paid the usual fee.
Cross-examined by MR. GOODRICH. I do not know Lane—I saw him then for the first time, and have not seen him since.
GEORGE EDWARD HARRIS . I am clerk to my father, an accountant—I have known Lane and Clements 12 months—Smith, whom I have known two years, introduced them to me—Smith and Clements went with me to the Derby this year, and Clements went with me to Ascot on the first occasion, and Clements and Lane on the second occasion—they always had plenty of money, and spent it freely.
Cross-examined by MR. DALE. I have been to races with Smith once before; I went with him last year to Hampton—when we went to the Derby, Smith spent two or three sovereigns—when I went with Smith to Hampton a year ago Clements and his parents went with us.
ALLAN GEORGE MADDER . I am travelling clerk attached to the Missing Letter Department, General Post-office—I was instructed to investigate this case, and on 14th June I saw the prisoners seperately—I first saw Lane—I told him who I was and asked his name—he said "John Lane"—I made this note (produced) at the time—after some conversation on other matters he said "I don't know James Webster; I have not had any bets with him; I have never received any money from him; I have not received any money-orders nor any money whatever"—I produced four money-orders to him, one for 10l., No. 15394, one for 18s. 9d., No. 15395, one for 10l., No. 15396, and one for 17s. 6d. No. 15397—I said to him "Do you know anything about these?"—he replied "I believe Clements has had these orders, but I have not"—I said "What makes you believe that?"—he said "I saw him with the orders in Paddington Street, the only conversation he had with me about it was that he won it over St. Blaise. I was with him when he changed them. I went to both post-offices, Devonshire Street and Edgware Road, with him. The money was paid, I believe, in gold, with one 5l. note. I received 10l. of it because we generally go 'Co.' if we win or lose anything"—I told him all the orders had been obtained by fraudulent means—I then saw Clements in the presence of Hurst and Stevens—he said "I do not know a betting man named Webster. I have heard of him in the paper. I have never had any bets with him; I
have never received any money from him. I have not received any moneyorders from him"—I produced these four orders and said "Do you know anything about these?"—he said "No"—I said "Lane states he went with you to cash these orders, and that yon gave him 10l."—he replied "I have nothing to say to that, all I wish to say is that I have seen them before; Lane gave all of them to me, he also gave me a voucher for Webster, and I gave it to a stranger"—I then saw Smith, and after telling him who I was he said "I have heard of a man named James Webster, but I have not had any communications with him. I do not know that Lane or Clements have had any communications with him"—this was in answer to questions by me—" I remember the conversation at the Albany. Clements and Lane had won 11l. from Webster; they said they wrote over and Webster sent it back to them"—I then produced the same four orders and asked him if he knew anything about them—he replied "I have never seen these. I knew very well how they obtained these letters of Webster, and sent orders for the money orders to be sent forward, and I knew they had cashed them. I have not had any communication with Clements and Lane respecting the obtaining of the four orders, but I knew they had been obtained by a fraud. I only received 12s. 6d. out of it. I did not know about it till they day before they got the orders"—they were all taken to the General Post Office and placed together in a room—all the policemen were present, and the several statements were read over—Lane said "I do not wish to say anything about the money-orders"—Clement's said "All I have to say about the money-orders is that Smith knew all about it"—Smith said "As the three of us were coming through Hyde Park on the Queen's Birthday holiday, Clement's said to me 'I have got 24l. to take': he did not tell me where he was going to gee it from until he got the money. I received 10s. from Clements and 2s. 6d. from Lane, and they told me when they gave it me that the letters containing the money-orders were addressed to Chapel Street"—the charge was read over, and in reply Clements said "The signatures to the money-orders were done by an entire stranger named 'Cookie,' but I don't know where he is to be found. I asked him to write the endorsements on each of the four money-orders. I told Lane of this before we cashed them"—Lane said "I did not know who signed the money-orders till Clements told me to-day"—Smith said "I do not wish to say anything."
Cross-examined by MR. DALE. My note is in short hand—I asked Smith questions, and I have embodied my questions and his answers, and anything he objected to was struck out—I believe two of the prisoners are in the Rifles and one in the Artillery—it is not the practice to caution prisoners, but I told him who I was, and that the person with me was a police-officer.
Re-examined. When I asked the questions no charge was made; nor did I know that they were going to be charged—I read over the answers and struck out anything they objected to—I put it down accurately, and every word was read over to each of them.
WILLIAM LAW (Police Officer G.P.O.). I was present on 14th June when Fryer identified Clements as cashing two money-orders at Devonshire Street—I took Clements into another room and he said "Who is that?"—I said "The clerk who paid the orders, and he identifies you"—he said "Oh, he is not far wrong. The two orders paid
at Edgeware Road Lane obtained the money for, and I sent the telegram for him to his girl at the same time"—before he went before the Magistrate at Bow Street I told him that Mr. Remington had called to see me, and said "This is the order you sent to Mr. Webster," showing it to him—he said "I did not write that, it was written by a man named Cookie; I got Cookie to write it"—I have found Cookie; his real name is George Gilbery.
ALEXANDER GILBERY . I am a commissioner for race horses—I know Clements—I am known to him as Cookie—I did not write or sign any of these orders—I cannot write—I last saw Clements 10 or 11 weeks ago at Sandown Park Racecourse—he was outside and I was inside.
CHARLES JAMES STEVENS . I am attached to the Missing Letter Department of the Post-office—on 14th June I was present at an interview between Clements and Madder—I had this letter purporting to come from J. Anderson, and said "Is this written by you?"—he said "Yes"—I said "I have compared these two, and am of opinion that they were written by the same person," and pointed out several similarities—he said "Well, it does look like my writing, but I did not sign the money-orders"—I have had experience in comparing handwriting, and have frequently been examined on the subject—I believe the signature "J. Anderson" is also by the same person—I believe this telegram to Clements's writing.
WALTER HURST . I am a police-officer attached to the Post-office—on 14th June Clements was given into my custody—I searched him and found a half-sovereign, 2 3/4d., and a watch and chain—he said he lived at 3, Cambridge Place, Norfolk Square—I went there, searched his room, and found these four postal orders; the name of James Webster is filled in on one as the payee; also some papers referring to betting transactions and some envelopes with a printed address to James Webster, Boulogne-sur-Mer—one envelope has been through the post—here is one addressed to Lane, and one to Clements.
Cross-examined by MR. GOODRICH. I did not search Lane or his lodgings.
MR. COWIE here stated that he would not press the charge against Smith.
NOT GUILTY .
Clements's Defence. I was sent for the money and I went and got it. Lane has pleaded guilty to the charge of stealing the letters and I have pleaded guilty to the forgery.
LANE and CLEMENTS— GUILTY .
PLEADED GUILTY .— Seven Years' Penal Servitude. Sentence on LANE, who received a good character, Seven Years' Penal Servitude. SMITH— Five Years' Penal Servitude.
MESSRS. POLAND and GOODRICH Prosecuted; MESSRS. MONTAGU WILLIAMS and CLAY appeared for Rutley, and MR. BESLEY for Collard.
The Jury, after more than two hours' consultation, being unable to agree, were discharged without giving a verdict, and the case was postponed to the next Session.
THIRD COURT.—Thursday, June 28th, 1883.
Before Mr. Common Serjeant.
ALFRED RECKNALL . I live at Wellesley Street, Commercial Road, and am river foreman to the Union Lighterage Company, who do the lightering work for the General Steamship Navigation Company—on Wednesday, 14th June, I received from the Hamburg boat Kestrel 63 packages to be conveyed to Southampton via Nine Elms—I lodged the papers on board the ship, and gave instructions to Baldock, who is a lighterman in our employment, with respect to this cargo—I put him in charge of the Pegu, a lug boat, on board which this cargo of 63 packages was loading, and told him to come ashore for his orders at order time, from 6 to 8 p.m.—the only order was to take her up at the morning tide, and deliver at Nine Elms—he could hare started on the tide between 4 and 5 a.m.—the goods were in bond, and therefore in accordance with the usual practice a Custom House officer was put on board—I saw several officers there—I cannot say I saw any particular one—the last time I saw the Pegu was about 4 p.m.—Baldock came about 7 or 8 in the evening for his receiving notes, and I gave them to him—I saw no more of him or of the barge till he was in custody—I did not have anything to do with the bond notes myself—the Kestrel was at Horselydown—it would take Baldock about half an hour to get from there to All hallows.
Cross-examined by MR. PURCELL. I was not present at the loading, all I did was to deposit the papers with Baldock—I saw several Custom House officers on board in the morning when I went round—that was after I had lodged the papers—I think some of the cases were on board then—I did not notice whether there were other persons besides Custom House officers on board.
Cross-examined by MR. KEITH FRITH. Baldock is under the foreman's orders—I am the foreman—I do not actually work on the barges—there is nobody over him who works on the barges; he is on a level with the other men.
Re-examined. I know Arthur Alfred Newman; he was the Custom House clerk to lodge the bonds.
CHARLES KINNAIRD SAUNDERS . I am clerk at the Custom House, Lower Thames Street—I produce two bond notes; one for five, and one for 58 packages from the Kestrel for conveyance to Southampton, lodged with me by the Union Lighterage Company—in the one containing the 58 was a case D.S.H. 27, said to contain shirts—I also produce the two bonds given by the Union Lighterage Company in respect of those goods—the goods being conveyed in bond, the practice is that they are placed under seals and tapes, or under the charge of an officer.
Cross-examined by MR. PURCELL. The Custom House officer would tally all the cases under his charge.
THOMAS JAMES BINES . I am an examining officer of Customs, and am conversant with all the duties of the outdoor department—a Custom House officer placed in charge of goods being conveyed in bond would
have no right to open any of the cases under his charge, and it would be no part of his duty to do so—it would be his duty to receive the packages intact, keeping charge of them, and delivering them to the duly appointed officer—Vass is an extra officer, occasionally employed as watcher—he was sent on 14th June to take charge of these packages.
Cross-examined by MR. PURCELL. If a package were broken it would be his duty to cull the attention of the authorities to it—they might be at a neighbouring ship—it would not be his duty to leave the goods in a broken case to find the authorities, but to wait till the authorities came—it is not his duty to move them—he should take tally as they arrived from the importing vessel—lightermen would put a case as gently on a barge as possible—I have known eases broken, and sometimes goods come out—the lighterman representing the owner then gets the authorities to pack up the goods—I do not say that the authorities are ready the moment they are wanted.
EDWARD JAMES TYNDALL . I am night watchman for the Thames Conservancy—on the 14th of June I was on Allhallows Pier, and I saw the Pegu lug boat come there about 9 p.m., with Baldock, Vass, and another inn whom I don't know—about 10 o'clock I saw them dodging about the lower end of the pier, and I heard Baldock call out and I walked to the lower end of the pier—I was expecting the Hampton boat down, I said "What is the matter with you? It seems very strange your going on like this"—he said "I am calling Fred, I am not speaking to you"—about 8 or 9 o'clock I saw one of the prisoners holding the case to steady it and the other breaking it open—they took it in turns to hold and break—the third man was there then, and at 10 o'clock, when I spoke to them—they were dodging about, and they went ashore three times—about 11 o'clock they nailed the cases up—I did not see where they went to when they went ashore, I could not leave the pier—Whitmarsh, the watchman of Dowgate Wharf, came round about 11 o'clock and spoke to me, and we went together, and the officer and the lighterman were nailing up the cases, the third man had gone then—I went to the police-station—when I got back David Richards was at the gate—he went with me on board the Pegu about 11.30 or 12—Baldock had gone—I as watchman had unlocked the gate and let him go—Richards was standing there at the time, but I did not know he was a constable, he was in plain clothes—when we went on board the barge after that Vass was in the stern with three shirts under his feet, lying down apparently drunk, but he could not have been drunk—a tarpaulin was over his legs and feet—I said to Richards "Here is the other man"—these are the three shirts (produced), they are marked "C D S 83" with red cotton—at that time Littleboy was on board too, he had been aboard, by the side, and he jumped over and found a tin with port wine in and drunk it—Littleboy and Vass were taken to the station.
Cross-examined by MR. PURCELL. Littleboy was discharged, there was nothing against him—Vass and Baldock dodged about—they came from the boat on to the pier—I took Vass to be a seafaring man, not a Custom House officer—I asked him what he was hanging about there for, he walked away and did not answer me—I believe I said at the Mansion House that Vass spoke to me—I believe the Clerk took it down—I should be very much surprised to hear it was not in the depositions—when I said "I heard Baldock call out several times, I spoke to him,"
I spoke to the two of them—Baldock answered me, but they were both together—they all throe went ashore together, they must have seen me—I went to see what they were doing and then sat down—one held the case while the other prised, and they worked alternately—I could see quite plainly—I was not so far from them as I am now—they saw me while they were committing an act of felony and then went on doing it—I said nothing about it, I was looking for a Thames Police boat—I had my uniform on, as I have now—I did not stop there, I kept watching them and saw them doing it, and I went away—I saw them take it in turn three times, and I saw two cases opened—I did not stop to see them taking shirts and wine out—afterwards they came ashore and came back and nailed them up—they commenced soon after 9 o'clock—I saw them nailing up about 11 o'clock or a little after—there was no necessity for them to pass me to go on the barge again after nailing up—I was in the prow of the pier—I could not see them, they could have seen me after they came and before they passed the pierman's box on the pier—I was sitting outside it, waiting for the Hampton boat—they Went back into the boat and the officer held it while the other nailed it up—they made a noise, they were not afraid of anything, it was the boldest thing I ever saw done—I helped Vass up afterwards, and he had as good feet as I had—he had not had time to get drunk—he walked down all right at 11 o'clock—I held the light while Richards found the shirts under his feet—the constable asked him where he got the shirts from—he made out he was drunk, and would not understand anything—I did not hear him make any answer when the constable asked him to account for the shirts—I left him and walked after Littleboy, he was discharged.
Cross-examined by MR. FRITH. I believe I saw and spoke to Baldock fire or six years ago, and that I have seen him on the Thames at intervals going up and down with traffic—I did not take any particular notice of him—I suppose lightermen wear the same clothes and are about the same build—I am positive he is the man—I first saw Baldcock soon after 9—it was not very dark—I had my two white lights alight—one was bending down, and the other was in a stooping position engaged as I have described—I was closer to them then than I am now, the nose of the boat was close under the pier—I spoke to Vass twice, once by himself, and to the two of them when Baldock said he was calling out Fred, they were together then—I do not know who Fred is—they were on the pier when I spoke to them, and the third man was in the lug—I went straight up and spoke to them—Baldock had a slouch hat on—the next morning his dress was the same barring his hat—I did not pick him out—he was not placed with others to be picked out—the constable brought him in and said "There he is," and I said "Yes, that is him."
By the COURT. Baldock's name is Fred—I was a Thames policeman before this.
EDWARD WHITMARSH . I am a watchman at the waterside at Dowgate Wharf—on 14th June I noticed two men on board the Pegu lug boat lying off Allhallows pier about 11.10 p.m.—I had not spoken to Tyndall before this—each man had a case rolling them over from the after part of the lug to the fore part—I identify Vass as one of them—I went on board a barge to get across to my own barge, and then came back—before I went aboard of her Vass came aboard to tee me—I said "Good
evening," and he said "It is all right," and they went to work again on what they had been doing; he said it to the other man, whom I could not recognise because he went down in the cabin—I heard them messing about with the cases for some time after that, nailing them up—Vass was in the fore part of the barge nailing them up—that was about 11.5—about this time I spoke to Tyndall—I could not say whether Vass was drunk.
Cross-examined by MR. PURCELL. The cases were a pretty good size—about 11.5 Vass was nailing up the case—it was done right under my eyes—after rolling the cases from one end to the other and before doing it he came on the pier and I wished him good evening—I do not wear any uniform—they were making a noise shifting the cases and nailing them up—Tyndall was there—there were some other barges there, nobody was on board them—one of my runners was standing there to take the barge away.
Cross-examined by MR. FRITH. I was on the top of the prow about 200 yards away when I first saw them—I only recognise Vass, he came on the pier and spoke to me—I had not as good an opportunity of seeing him as Vass because Vass came up to me.
DAVID RICHARDS (City Policeman 580). On night of 14th June, in consequence of some information, I went to Allhallows Pier in plain clothes about ten minutes to 12—the gate was locked, and a man standing inside, and in a few minutes Baldock came up from the pier to the gate—Tyndall had been up the pier, he came up and unlocked the gate and let Baldock and another man out—Baldock asked Tyndall to come and have a drink—he asked somebody what the time was, and I told him—I have not the slightest doubt he is the man—Tyndall had nothing to drink—after Baldock had gone away I went on the pier to Tyndall—Sanders the detective came on to the pier to me a few minute afterwards—in consequence of what Tyndall said I went on board the Pegu and found Vass lying on the bottom of the barge fast asleep—there was a tarpaulin covering some cases, I pulled it on one side and found these three shirts all marked C D S 83. under his feet—I raised him up, his coat was unbuttoned, I buttoned it and said to Sanders "This is the Customs House officer—Churchill, another plain clothes officer, came on board the Pegu, and he and Sanders took Vass to the police-station—I said nothing to Vass about the shirts then, he appeared as if he had not come to his senses—after Vass had been taken away I examined the cargo and found three cases had been tampered with—I did not make an examination then—Littleboy was on the lug boat at the time—he was also taken to the station and was afterwards discharged by the Lord Mayor—I remained on the barge for the rest of the night—next morning about 7.12 or 7.15 Baldock came on board the Pegu—I said "Are you the lighterman?"—he said "Yes"—I said "Is this your barge?"—he said "Yes"—I said "Who did you leave in charge of her?"—he said "The Customs House officer"—I said "What time did you leave last night?"—he said "About 7 o'clock, and I have not been here since"—I said that Vass was in custody, and that being a police officer I should take him in custody, and said "There are three cases which have been plundered here"—he asked me to show them to him—I pointed them out—he said "They are the same as I received them"—I told him I should take him to the station and that he would be charged with
plundering the cases—he said "Not me"—I called another uniform officer and took him to the station—before that he said he should take the barge to Nine Elms, and that it was about 7 o'clock when he left—I said "It was a quarter to 12 you left the pier last night"—he said, "No, not me"—he was charged at the station with plundering three cases and stealing three shirts—the charge of five was made afterwards—he said nothing—he was asked for his address, and said "35, Tarlin Street, St. George's-in-the-East"—I went there with Saunders, and in a room on the first floor found these two shirts (produced)marked with the same mark (C D S 83) as those found on the barge, and similar in all respects—I went back to the Pegu and saw this case (produced) opened by Saunders; on the lid it is marked D S H 27, Port of Spain—Saunders took out this shirt (produced) marked C D S 83, and a similar shirt in all respects—there were six other shirts in the case; we left five there—it was one which had been tampered with—we found this bottle which had contained port wine on board.
Cross-examined by MR. PURCELL. We did not find a bottle of wine among the shirts—there was no bottle of wine on board—we found some bottle containing some liquor which we thought was wine, which Littleboy drank a portion of—I did not see him drink it—Vass looked as if recovering from drink or sleep.
Cross-examined by MR. BLACKWELL. I do not know that Baldock was in charge of two barges—it was dark when the man came up to the gate—he was dressed the same way on the following morning, I could not see any difference—I knew his features—he was dressed in every way the same except that he was not wearing one of the white shirts as he had been at night when he went away.
WILLIAM SAUNDERS (City Detective). I went to Allhallows Pier on 14th June, about 12 o'clock, and went on board the Pegu with Richards in plain clothes—I saw the three shirts under Vase's feet—I took him to the station—he walked there—before we got there I told him he would be charged—he made no reply—about 7 o'clock next morning he was formally charged with stealing these three shirts from a case off the lug-boat Pegu—he made no reply—Baldock was brought in just about that time by Richards, and also charged—he said he had not been on board his boat since 7.30 last night—I went with Richards to the address given by Baldock, and we found two other shirts—we went back to the Pegu, and opened this case, DSH 27, and took from it one shirt, and left the others inside, and they were sent on—we came back, and said to Baldock "You will be further charged with stealing these two shirts, which I found at your house; they correspond with the initials and number of the three you have been charged with, and the one which I have taken from the case off the lug-boat Pegu"—he made no reply.
Cross-examined by MR. PORCELL. It was about midnight when I took Vass—we usually charge prisoners when we get to the station—there is an officer on duty to whom the charge is made—we did not charge Vass that night—he was charged before Baldock was—I can't say whether Vass was quite sober when we took him; he had been drinking—he was not under the influence of drink—I told him the charge before we got to the station—I did not say before the Lord Mayor that I told him the charge when I apprehended him—I was sworn to tell the whole truth—Vass suggested in his cross-examination at the Mansion House that he
was drunk—I charged him on board the boat—I often take men to the station, and do not charge them till next morning if we are looking for another man to charge with them.
Cross-examined by MR. BLACKWELL. Baldock at once gave his correct address.
ALFRED RECKNELL (Re-examined). When Baldock was at Horselydown there was another barge there belonging to the company—after the Pegu had left the ship Baldock had nothing to do with the other boat—the Pegu was the only boat he had charge of.
Cross-examined by MR. BLACKWELL. The two barges were not side by side with regard to the Kestrel at Horselydown when I was there in the Afternoon—they were moored to the ship—one of them was moored to the Pegu—I cannot say if the other one containing pianos was moored to the Pegu—I cannot say if in unloading the cases from the Kestrel they would have to pass the barge in which the pianos were to get to the Pegu.
Vass's Statement before the Magistrate. "When I took charge of the barge, the Pegu, at 8.40 on the morning of the 14th, there were already 52 packages in the craft. To the best of my belief the cases containing the shirts were already there. After that I received 11 packages from the ship. I call no witnesses."
Witnesses for Baldock.
JOHN SMITH . I am a ticket clerk at the Fenchurch Street Railway Station—this ticket came into my possession about 12.30 on the 15th through the ordinary collection at Shadwell—I have the other, the forward half—I do not know Baldock—I should say the ticket was issued about 9.30 p.m. on the 14th.
Cross-examined. I am engaged in the audit office, Liverpool Street Station, where the tickets come back—the forward half came back to me at mid-day on the 15th—I only know how many tickets were issued from the returns.
Re-examined. It must have been issued before 11.30, because the last train leaves for Shadwell at 11.15—no tickets would be issued after that.
Cross-examined. It was put in his pocket-book, and given to his wife when lie was committed at the Mansion House.
GEORGE LATTER . I am a labourer, lodging at Baldock's house—on the 14th he was at home when I came home at 10—I saw him in the kitchen—about 11 he came up to go to bed, and passed my door—next morning at 6.15 I saw him washing in the yard.
Cross-examined. An old lady named Skinner lodges in the house as well—Baldock sleeps in the first-floor front room—my bedroom is on the first-floor at the side—I was sitting in a chair in my bedroom with the door ajar, when I heard somebody pass the door at 11 o'clock—I went to bed, and to sleep—I did not notice what kind of a shirt Baldock was wearing at 10—I have never seen him in a shirt like that except on Sunday—I think he had a coloured shirt on this night—he had no hat on when I saw him; he sometimes wears a slouch hat—: to other men besides myself and Baldock lived in the house.
A question of practice being raised as to the order in which Counsel should address the Jury, and as to the right of reply, the COMMON SERJEANT (referring to the case of Reg. v. Trevelli and others, Sessions Paper, vol. 96, p.110) ruled that MR. BLACKWELL, for Baldock, should address the Jury, than MR. AVORY reply on the evidence for Baldock, and that then MR. PURCELL should speak on behalf of Vass (Q. v. Maslin, Sessions Paper, vol. 98, p. 183).
Vass received a good character.
BALDOCK— GUILTY .*— Eighteen Months' Hard Labour.
The jury being unable to agree to a verdict as to Vass, were discharged, and the trial was postponed to next Sessions.
Before Mr. Recorder.
MR. CARTER Prosecuted.
ALFRED FOOTE (Policeman N 233). On Friday, 25th May, I was engaged in watching the premises of New Farm, Leyton—it had been unoccupied since last October—about 2 in the afternoon I placed myself in one of the back bedrooms—about half-past 3 the two prisoners and four others came and tried the back door—it was fastened, and they went away again—about half-past 5 they returned—Meadowcroft, finding the door was open, sang out "Come on, Scotty"—Meadowcroft then entered the house, and Scott almost immediately behind him—I leant over the bench rails, and saw Meadowcroft wrench this door handle from off the breakfast-parlour door—he crossed the passage, and went to the kitchen door—Scott was down in the cellar at that time—I went down and apprehended Meadowcroft with this handle in his pocket—he said "All right, Sir, I will come quietly"—they had entered through the conservatory at the breakfast-parlour door—I apprehended Scott on the 28th—they both said they knew nothing about the pump, that had been stolen two or three days previous.
WILLIAM TILLEY FORGE . I am assistant to my mother, a pawnbroker, of 149, Mile End Road—she is the owner of this farm—it had been unoccupied for three months—it is three miles from our house—in consequence of finding things damaged and stolen the police were put to watch.
NOT GUILTY .
Before Mr. Recorder
MESSRS. POLAND and WARBURTON Prosecuted.
said "I shall take you into custody for committing a violent assault with three others on a man named George Reilly on the night of 28th January last, in Cannon Row, and stealing from him 7s."—he said "We did not take his money; I own I struck him in the eye with my belt, and I will go and do my two years like my mates, like a man"—I had been on the look-out for him since the assault, but was not able to find him—the other three men were tried in February without the prisoner; they were Peter Cane, John Goggin, and John Cane. (See vol. 97, p. 628.)
Cross-examined by the Prisoner. When I saw you, you were lying down in the street with another man, partially drunk; I could not get you to wake up, and I sent for an ambulance, but it never arrived till we were half-way to the station—when you found I was about to send for it you roused up.
REUBEN BROMWICH . I keep the Duke of Cambridge, Cannon Row, Woolwich—on Saturday night, 27th January, I closed my house—I heard a noise in the direction of the Prince of Wales, some yards up the road—I looked out of window and saw the prisoner, Goggin, and John Cane—I afterwards saw a man named McCarthy at the door of his house—I saw Goggin drag him in the middle of the road, and they fought—a soldier picked McCarthy up once or twice and removed him—after the fight was over they moved farther down the road below my house—Alexander was standing at the door of one of the houses—a fight was begun there by these three men, and they got Alexander down—Reilly came up and said he would not see a man murdered like that, and he took Alexander's part—he beat off the three assailants, and then a fourth came up—the prisoner said "Hold on a minute, I will find something that will do for him"—he ran up to a house and fetched something, which appeared like a soldier's belt—the fight was renewed, but I was not near enough to see all that took place—after the fight was over they remained some time drinking beer—Reilly was carried away smothered in blood and taken into one of the houses, and bathed by the neighbours—I knew the prisoner before, and am sure he was the man.
JOHN ALEXANDER . I am a gunner in the 1st Brigade, Royal Artillery—on Saturday, 27th January, about 12, I was going towards the barracks—I had had a glass or two, I was not drunk—I saw a crowd by the Durke of Cambridge; two men were fighting—I picked one of them up—I was then attacked and knocked down, and struck on the head—my head was cut open, my ear bruised, and I was cut across the eye—I bled from the head, face, and nose—Reilly came and assisted me; he was knocked down—I did not recognise any of the prisoners who have been tried, or the prisoner—about four joined in the attack upon me—I could not say what it was that cut me on the head.
GEORGE REILLY . I am a labourer and live at 13, Burridge Road—on this Saturday night, about 12.15, I was in Cannon Row—I saw the prisoner, and Cane, and Goggin knocking the soldier about by brutally kicking him and assaulting him while down on the ground—I said I could not stand by and see the man murdered—I walked half way across the road to assist him and they attacked me—I beat them off—a fourth one came up and I was knocked down and kicked on the eye; I bled—I was taken into a neighbour's house and attended to, and a doctor attended me for a fortnight—I had known the three men before and also the prisoner; I had known them all from a little boy—I am quite sure the prisoner is one that joined in the attack.
SARAH NAPPER . I live with Mrs. Cook, at 3, Warner Street, Woolwich—on this Saturday night, about the time the public-houses closed I was going home—I heard screams; I went home and fetched Mrs. Cook—I saw the prisoner and Goggin; they were knocking a soldier about—I saw them knock him down and beat him cruelly on the ground—he got up; they knocked him down again—I saw his head was bleeding; Reilly came to assist; I told him not to interfere—he said "I can't stand and see a man murdered like that"—he went towards the prisoner and Goggin—the prisoner said "I will go and get something," and he ran and got something like a soldier's belt; he came back with it and struck Beilly and the soldier with it—I said "You coward; I will go and fetch the police "—I went to the Arsenal, and when I returned I found Beilly and the soldier being attended to in one of the houses.
Cross-examined. I swear I saw you strike the men with the belt.
Prisoner's Defence. I was coming out of my master's house in Cannon Row; I saw some men fighting, and, being drunk, I stopped and had a look at it. I saw two soldiers come up. McCarthy was on the ground; one of the soldiers hit him with a belt. He pushed me into one of the witness's hands. I got up and talked to him about it and then went away.
GUILTY **— Two Years' Hard labour.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. GEOGHEGAN defended at the request of the Court.
JOHN BOWRA . I am an ironmonger, of 97, High Street—on 25th April, at 11.40, I was outside my door and heard someone say something, in consequence of which I went to Hughes's house—the prisoner came there to me with two women and asked me whether I had heard anything—I said "No; you know who I am "—he said "Oh yes, Mr. Bowra; you can come in and see if you like "—he opened the door, I went inside and saw the old lady lying on the bed covered with blood—the father, the old man, was lying in bed beside her—I believe he is paralysed—the deceased and her husband and the prisoner were the only three persons who lived in the house—I asked the prisoner what he had done it for—he said "Because she did not get my supper ready"—I spoke to a man to go and get a doctor or a policeman, the first that would come—a policeman was fetched by Mr. Jones—I saw a hammer lying on the table beside some knives and forks—the prisoner gave the hammer to the constable and said "That is what I. did it with; smell it"—the woman had her ordinary dress on, the father was undressed in bed, and the prisoner appeared to be the worse for drink.
Cross-examined. I have known the prisoner and his family about seven years by doing business with them—they were living on very good terms together as far as I knew—he was an affectionate son, and they affectionate parents—when he made the observation about smell he was very excited—I had heard he had been drinking heavily for a week before—I had not seen him—I had seen the prisoner for a month before this frequently
the worse for liquor—I had noticed him standing at the corner, but said nothing to him—he followed me back to the house—he did not try to go away when police were mentioned.
EOBEET JONES . I live at the Coach and Horses, Woolwich—I went with the last witness to the prisoner's father's house on 25th April, about 11.40—when the prisoner came out I went in and saw the woman on the bed covered with blood—in consequence of what passed I went for a policeman.
RICHARD WALTER . I am a bricklayer, of 99, High Street, Woolwich—about 11.45 on this night I saw the prisoner near his house—he asked me if the Crown and Cushion was shut up—that is a public-house opposite—I said yes, it had been closed some time—he said "Well, I have done a nice thing "—I asked what he had done—he said "I have killed the old woman "—I said "You don't say so"—he said "Yes, it is correct"—with that he left me and went across to the Coach and Horses—he appeared as if he had had a little drink; he walked straight.
Cross-examined. I knew him before by sight—I have lived in that neighbourhood nearly nine months, and during that time I have seen him occasionally—I have seen him the worse for liquor quite lately two or three times, perhaps a fortnight before this—I don't know that he had been drinking heavily for a month before—I did not attach much importance to what he said at the time—as far as I know he was a peaceable man.
ELIZA WILKINSON . I am a single woman, and live at 4, Cannon Row, Woolwich—about 12 o'clock on the night of the 25th the prisoner came into the Coach and Horses and asked for twopennyworth of rum, and asked if I would have something to drink—he then said "I have struck my mother," and asked me if I would go over to the house—I said "No," and asked if he could not get one of the neighbours to go—he said his mother was bleeding to death, and asked me several times to go, and I went with him—I asked him what he had done it for—he said he had done it in a temper, because his mother did not get him his tea—I found his mother and father lying on the bed—she was bleeding—I could not see where from—her face was all covered with blood—I washed it off with my apron.
Cross-examined. He appeared very anxious that I should go with him to the house.
MORTIMER TAVERNER (Policeman R 49). About midnight I was called to the house by the witness Jones—I found Mrs. Hughes lying on the bed, bleeding from the left side of her head, just behind the ear—I saw this hammer on the table; it was covered with blood on the top—there were several knives and forks also on the table—when I picked up the hammer the prisoner said "That is what I did it with; do you wish to smell it?"—I told him I might want it for something else—I put it in my pocket—the blood was wet upon it—the prisoner said" I suppose it will be murder; I will put on my boots and go with you"—I told him he had better wait, as I had sent for the doctor—lie said "Look here, master, I will tell you how it was. I had been hard at work all day, and carried 50 sacks of coal, and had given her money to get my supper, and she had not got it. Then I hit her with the hammer, and I hope she will die and the old man too, as they are no use, and ought to have been dead long ago." The woman was hysterical, and kept shaking—I
could get nothing out of her—the doctor came, and was dressing her head—the prisoner said "Don't let her lie there in misery, but settle her at once"—he walked with me to the station—be seemed very excited, as if he had been drinking, but he was not what I should call a drunken man.
Cross-examined. I could not say whether the excitement arose from drink only—I had never seen or heard of him before.
JAMES TEES . I am a physician and surgeon at Woolwich—on 26th April, at 12.20 a m., I saw Mrs. Hughets lying on a bed at her own house, covered with blood—I partially examined her head, not very carefully—I saw several contused wounds on the left side, one extending to the bone—I afterwards found more—she was partially conscious at times—they were exactly such wound as would he made by a blunt instrument; a hammer would do it—the father was in the same bed—he appeared to be perfectly conscious and sensible, and capable of knowing what was going on.
Cross-examined. I did not speak to the old man—I heard him make some remark to some of the bystanders to take care of the old lady—there were 11 contused wounds altogether on the head; some were healed, and some not—I believe from their appearance they were all inflicted at the same time—the whole of the left side of the head behind the ear was a mass of wounds—one or two wounds would scarcely cause the whole of the whole of the scalp to swell in the manner in which it did—it is a bare possibility that a fall might account for some of the wounds—the deceased was 73 years of age.
Re-examined. I was present at the post-mortem—in my opinion she died from the injuries.
GEORGE RICE . I am a B.M., and am medical superintendent of the Woolwich Union Infirmary at Plumstead—about 10 minutes past 1 o'clock on the morning of 26th April the deceased was brought to the infirmary, suffering from injuries to the head—I attended her till the died on the 2nd of June—on the 4th I and Dr. Tees made a post-mortem examination—altogether there were about 11 wounds and scant, on the head and four fractures of the skull, those were caused by separate blows—they were such as would be caused by a hummer of this description—the left ear was cut through—she died from a large abscess on the brain, corresponding with the fracture at the base of the brain—I was present on the 30th April when she was examined by the Magistrate at the infirmary—she was then fairly conscious and able to give an account—the prisoner was present, and the old man also—he was suffering from gangrene and bronchitis—he was not paralysed—he was also examined by the Magistrate, and he was quite conscious and able to give an account of what had occurred—he died on 19th May from natural causes.
Cross-examined. The skull of an old person of 73 would be more brittle than one of 30, and a blow would be more likely to cause a fracture.
Re-examined. The inner part of the skull was fractured in four places, showing that considerable violence must have been used.
HENRY PHILLIPS (Police Inspector). On 30th April I attended with Mr. Marsham, the Magistrate, at the Woolwich Infirmary, as there was no clerk at the police-court—the prisoner was present—Francis Valentine Hughes, the old man, made a statement in his presence, which I took
down in writing—this is it. (Read: "On 25th April my son came home in the evening. I saw him strike my wife with the hammer produced once or twice, she was down when he struck her. I don't think he was sober, or I don't think he would have done it.")
GUILTY of manslaughter. — Five Years Penal Servitude.
Before Mr. Common Serjeant.
GUILTY of the attempt. He received a good character.— Nine Months' Hard Labour.
Before Mr. Recorder.
MESSRS. POLAND and WARBURTON Prosecuted.
MARY ANN CARR . I have been married to the prisoner 13 years, and have five children by him—he is a labourer—on the 5th of June I was living at 21, Mint Street—about 5 o'clock that morning I got up and went out—when I came back I found him in bed—I quarrelled with him—he had got a dreadful bad leg, and in my drink I ill-used him most cruelly with a broom when he was in bed—I don't remember his assaulting me about 11 o'clock, I was very drunk—I was not told to charge him—in the afternoon I was at a beershop—the prisoner came in—I don't know what he said, I forget all about it—I suppose I ran away—I think he caught me—I remember his coming and hitting me, as for anything else I don't know—I did not find myself stabbed in the back, I was too drunk—it was only a little bit of a scratch—a young woman, who was very nearly as drunk as myself, took me to the hospital—I was there examined by a surgeon—I am all right now—there has been nothing the matter with me since—I did not give my husband into custody.
JANE BUCHANAN . I am the wife of David Buchanan—about 4 o'clock on the afternoon of June 5 I saw the prisoner run after his wife—he had something in his hand, I could not say whether it was a knife—I believe it was—I did not see him strike her, but presently I heard her say "Oh, he has stabbed me"—I went up to her and found she had been stabbed in the back—I went after the prisoner and he ran away—presently he came back, and I gave him in charge for stabbing my sister—I was sober, and so was the prisoner; my sister had had a drop.
WILLIAM NICHOL (Policeman M 240). I apprehended the prisoner about 7 o'clock—I told him it was for stabbing his wife—he said "Yes, I done it"—he was quite sober—he said he would serve the sister the same if he could get at her.
JAMES THOMAS JACKSON MORRISON . I was house surgeon at Guy's when the prosecutrix was brought there—she had a wound on the back about half an inch long, and I could not say low deep without probing; it had gone through the outer dress, under dress, body, and chemise,
and had cut the upper border of the stays on the right side; it was such a wound as might be inflicted with a pocket knife—it was a serious wound—I dressed it—she wound not remain in the hospital—the wound was rather above the middle of the body, just inside the right shoulder blade—I could not express a positive opinion whether it had injured the lung; it was close by the lung, and it is possible and very probable that it had entered the lung—some force must have been used to inflict it—she had been drinking, but spoke intelligibly and walked all right.
Prisoners Defence. I was at home this morning. She came home very drunk. She got hold of a long broom and beat me unmercifully with it over my leg in bed and took a piece right out of my shin. I had a very bad leg. I did not use any instrument.
The prisoner received a good character.
GUILTY of unlawfully wounding. — Twelve Months' Hard Labour.
683. PERCY JOHN HOGBEN (24) PLEADED GUILTY to stealing from an officer of the Post-office a letter containing 1l., alto to forging a receipt for the delivery of the same, having been before convicted.— eighteen Months' Hard Labour.
684. FREDERICK ROGERS (41) to three indictments for forging and uttering cheques for 5l., 2l. 9s., and 3l. 16s., with intent to defraud.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.] And
685. JOHN ALBERT ESTERBROOK (17) to three indictments, one for forging and uttering an order for the payment of money, and two for attempting to obtain money by false pretences.— He received a good character.— One Month's Hard Labour. [Pleaded guilty: See original trial image.]
MESSRS. POLAND and WARBURTON Prosecuted; MR. WAITE Defended.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
687. JOHN TURNER (16) and HENRY LAVENDER (16) PLEADED GUILTY to stealing a coat and other articles, the property of William James; also to stealing a jacket, waistcoat, pair of trousers, and watch of Thomas Claydon, and two pairs of boots and a watch of John Heffern; Turner having been convicted in November, 1882.— Twelve Months' Hard Labour each.
MR. PURCELL Prosecuted.
JANE RAWLINGS . I am a widow and mother of the prisoner—I was present at Trinity Church, Borough, when he was married to Emma Madelaine—she is alive—I saw her at the police-court. (A certificate of the marriage at Trinity Church, on 31st December, 1861, was here put in.) The John Thomas Rawlings in that certificate is the prisoner—he lived with his wife as long as ever he could; she completely drove him from home, she was such a drunkard—I can't say how long he lived with her—the youngest child is eight or nine years old—I can't say when they separated—he lived in London and so did I—I don't think I saw him last year—I did not go the house because she served me so many
dirty tricks—it might be three years since I saw him—I have spoken to him of course about his wife; he may have spoken to me about her—he never gave me money for her; she has had money—there were five children, two are out getting their living, and one I took myself.
ANNIE RAWILNGS . I live with my mother; I am the prisoner's sister—I had not seen him for over 12 months before he was at the police-court—I have not seen his wife for a long while; before I saw him last I made a remark about her when I saw him—he said his wife had been with another man, and I said that I had seen her goings on, and had been to the place when she was so drunk she could not speak—that was about 12 months ago—I gave him particulars of where I had seen her, and how she had been drunk and been with a man.
MARY ANN WEBB . I am a linen folder, living at 6, Waite Street, Peckham—I went through the ceremony of marriage with the prisoner on 29th April, 1883, at All Saints' Church—we are both employed at the Crystal Palace, not in the same department—he represented himself as single—I had known him about 11 months—my brother saw him occasionally—I lived with him till I gave him in custody, because I could not live with him, seeing the position I was in—the first wife set the police on him first.
JOHN BROGDEN (Detective N). At 5 p.m. on 13th June I took the prisoner at 24, Rolls Road—I said I was a police officer, and should have to take him into custody for intermarrying on 29th April last, at All Saints' Church, Newington, with Mary Ann Webb, his wife being then and now alive—he said "I know she is; I shall come to the station with you, but I shall never live with her on account of her drunken habits, and drinking with other men"—I took him to the station, and in the presence of his two wives he was charged.
By the COURT. The second wife set me in motion, but the first wife had spoken to the police previously—I did not take out a summons—the Society for the Protection of Women and Children are prosecuting now.
The Prisoner's Statement before the Magistrate. "All I can say is, my first wife got drunk, and was about the streets with other men, and sold my home, and I applied to Mr. Ellison, who told me to leave her, and allot her so much a week, and then she got my character away by coming drunk to my work."
The prisoner, in his defence, stated that in 1870 his wife had 100l. left her, and ran away to Brighton. After three months the came back, and lived with him till 1874, when she ran him into debt, and the same in 1875 and 1876, and she sold and pawned everything she could lay her hands on; that she had come drunk to the place where he was working, and made him loss the place; and he went to Liverpool, and she followed him there, and got him discharged; and that on the advice of Mr. Ellison he had separated from her, and allowed her 15s. a week.
GUILTY. Recommended to mercy by the Jury. — One Months Hard Labour.
MR. GREENFIELD Prosecuted.
CHARLES BOUSTER (Policeman P 434). On 17th June, about 3.80 a.m., I met the prisoner in Mornington Street—he was sober, coming towards me, with his feet bleeding, and no boots or socks on—I was about to question him, when he' ran away—I gave chase, and tried to trip him up, and we had a severe struggle—George Buck land, the prosecutor's son, came up, and identified his hat (produced), which the prisoner had been wearing—another constable came up—I charged the prisoner, and took him to Avenue Road—I met Knight, F 448, who stated that he was the man he had been chasing for an hour and a half—at the station I found this key (produced) on the prisoner, which he said belonged to his door—I went to his lodgings, but could not open the door, on account of the small latch being up—the woman he lived with came down—we searched his lodgings.
Cross-examined by the Prisoner. You were about 20 yards from me when I saw you—there are some granite stones in Mornington Street—you said something as you ran away; I could not hear what it was.
JOHN KNIGHT (Policemen P 448). On the morning of 17th June I found a bundle of clothes in Wyndham Road, and concealed myself to watch them—in about 20 minutes the prisoner jumped over a hoarding into a nursery ground and picked up the bundle—I made for him; he dropped it and ran—I pursued him into Elfin Road—he scaled a wall, ran along on to the top of a washhouse, and I lost sight of him—he dropped his boots as he ran—in about three minutes I saw him in Wyndham Road—I gave further chase, but lost sight of him again, and saw him no more till I saw him in the Bouster's custody—the prisoner is the man—I took the bundle to the station, where the prosecutor's son identified it.
Cross-examined. I did not tale you when you got over the fence because you were too quick for me—the second time I saw you you were a mile from the house where the things were lost from—I could not conceal myself any nearer than where I was.
GEORGE BUCKLAND . I live with my father at 4, Elfin Road, Camberwell—on 17th June I was coming home about 1 a.m., and saw a man about six yards from our house, lacing up his boots—I could not identify him—I went to our door and found it ajar—I went in, and missed the property from behind the door—I informed the police, and shortly afterwards saw the prisoner in custody—this is my hat—the prisoner had it on his head when in custody—I had left it hanging up in the kitchen—this bundle of clothes is my property—I had left them in the kitchen, too, hanging behind the door—I next saw them in the constable's possession.
Cross-examined. I know you well enough in the neighbourhood—I could not identify you, it was so dark—I know it is my hat because the band all round is creased down.
KEZIAH BUCKLAND . I am the wife of George Buckland, of 4, Elfin Road—on the night of the 16th I fastened up the premises and saw them secure at 12.30—the door was on the latch, left for my son to come in—I vent to bed about 11.15—about 12.30 I thought I heard a noise, went down, and found the door shut—at 1 o'clock my son came in and found the door open—I identify these things as being safe when I went to bed.
Cross-examined. I did not see you.
Prisoner's Defence. I am quite innocent—I bought the hat three weeks
before. I lost my boots and 5s. out of my pocket. I was drunk and laid outside the door.
GUILTY .— Twelve Months' Hard Labour.
MR. RIBTON Prosecuted.
GUILTY .— Eight Months' Hard Labour.
Before Mr. Common Serjeant.
691. WILLIAM WOOKEY (32) PLEADED GUILTY to attempting to murder himself.— To enter into recognisances in 50l., and find sureties to com up for judgment when called on, and to keep the peace and be of good behaviour for 12 months.
MR. HICKS Prosecuted.
JAMES ELLIOTT (Detective M). On 24th May I was on duty with Chick in Union Street, Borough, and saw the prisoner—I followed him to Mr. Williams's shop, 9, Union Street—he came out very hurriedly—I then went in and Mrs. Williams showed me this florin—I knew the prisoner by sight, and found him in Stamford Street—I said "I saw you in Union Street, you had better come on one side"—he said "I have not been in Union street, I have only just left off work"—I said "You tendered a bad two-shilling piece at a shop there; what have you got in your possession?"—he pulled some money out, and Chick took two florins out of it—he said that it was what he had worked hard for—I caught hold of him and held him very tight—he was very fidgety and kept trying to get his hand in his coat pocket—Chick took something out of his left coat pocket—I fetched the prosecutrix, who said she knew him well—he was not with others—she gave me this florin.
ELIZABETH WILLIAMS . I am a tobacconist, of 9, Union Street, Borough—on 24th May, about 8.45, the prisoner gave me a florin for a penny cigar—I gave him 1s. 11d. change, and put it in one corner of a drawer—after he left I looked at it again because he passed the shop so many times—I showed it to my husband, and just then two detectives came and I showed it to them—they afterwards fetched me to the station, where I identified the prisoner.
MATTHEW CHICK (Policeman M 225). I was with Elliott—I searched the prisoner and found 1s. 5d. in good money and two bad florins all together—he tried to put his hand in his coat pocket—he pulled a handkerchief out and handed it to McQueen—it contained five bad florins in paper, with tissue paper between them—he was given in custody.
WILLIAM JOHN WEBSTER . My father is Inspector of Coin to the Mint—these eight coins are bad, and three of them are from the same mould as the one uttered—the tissue paper is to prevent their rubbing, and they are taken out one at a time.
The prisoner in his statement before the Magistrate and in his defence said that a strange man sent him into the shop with the coin, and asked him to hold the parcel containing the other coins.
GUILTY .— Twelve Months' Hard Labour.
MESSRS. MONTAGU WILLIAMS and GOODRICH Prosecuted; MR. DE MICHELE
The evidence was, unfit for Publication.
NOT GUILTY .
ADJOURNED TO MONDAY, JULY 30TH, 1883.