CENTRAL CRIMINAL COURT
TENTH SESSION, HELD JULY 30TH, 1883.
MINUTES OF EVIDENCE.
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS AND SONS, 119, CHANCERY LANE.
Law Booksellers and Publishers.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, July 30th, 1883, and following days.
BEFORE THE RIGHT HON. HENRY EDMUND KNIGHT, LORD MAYOR of the City of London; The Hon. Sir WATKIN WILLIAMS , Knt., one of the Justices of Her Majesty's High Court of Justice; THOMAS QUESTED FINNIS, Esq., WILLIAM LAWRENCE , Esq., M.P., Sir THOMAS GABRIEL , Bart., Sir JAMES CLARKE LAWRENCE , Bart., M.P., Sir ANDREW LUSK Bart., M.P., and Sir THOMAS SCAMBLE OWDEN, Knt., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M. P., Recorder of the said City; Sir REGINALD HANSON , Knt., F.S.A., one other of the Aldermen of the said City; Sir WILLIAM THOMAS CHARLEY , Knt., Q.C., D.C.L., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
POLYDORE DE KEYSER, Esq., Alderman,
MARSHALL PONITFEX, Esq.,
CENTRAL CRIMINAL COURT.
KNIGHT, MAYOR. TENTH SESSION.
A Star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, July 30th, 1883.
Before Mr. Recorder.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted;
MESSRS. WILDEY WRIGHT and BURNIE Defended.
EDWARD ROGERS . I am a tailor, of 51, Bedford Row, St. Andrews, Holborn—I was a witness against Paul at this Court in March last when he was convicted of misdemeanour—in May, 1882, I let a room to Paul and Williams on behalf of the firm of Merrick, Williams, and Co.—they gave me a reference to the prisoner—I called on him and received this letter, dated 1st May, 1882. (In this Langridge, regretted that he had been out when Rogers called, but would be pleased to attend any appointment.) That is written on paper with a printed heading, "R. H. Langridge, 15, Holborn Viaduct"—I subsequently received these letters of 2nd and 3rd May from Langridge. (The first stated that Merriek, Williams, and Co. would be found desirable tenants, who would carry out what they undertook, and that he would sign an agreement if one was required; the second acknowledged the receipt of a letter stating that Williams was out of town and would not return till Friday, when he would see him, and advised that in the meantime Mr. Rogers should close with the other gentleman treating for the office.) On several occasions the rent was paid by cheque drawn by Langridge—Mr. Williams has since died.
CHARLES THORN WILLIAMS . I live at Kennington, near Bridgwater—I saw an advertisement in a local paper, of Merrick, Williams, and Co., in consequence of which I wrote this letter. (Produced; asking for particulars of 4 per cent. City of Paris Bonds), dated 19th July, and sent it by post and received in reply this letter. (Produced; giving the particulars of City of Paris Bonds, and asking whether the witness would like to speculate). On 31st July I wrote this letter. (Thanking Merrick, Williams, and Co. for theirs of 29th, stating that he had done no speculating on the Stock Exchange, and asking questions about the operations), and on the 2nd August I received this letter, purporting to come from Merrick, Williams, and Co. (In this they stated that Paris and Brussels Bonds would give bonuses in the drawings bi-monthly and quarterly from 20l. and upwards, and that in some instances he might be the successful party to draw 6,000l., and advising him to secure a few City of Brussels 1879.) I forwarded a cheque for 5l., and on 8th August I received this letter (Acknowledging the receipt of the cheque for 5l. as a cover for market operations, and stating that as affairs were very unsettled on the market they would wait a few days before operating)—on 11th September I wrote this letter (Saying that he would take 10 certificates of the City of Milan quoted at 11s. 6d., for the difference on which he enclosed a cheque)—I enclosed a cheque for 15s.—on 12th September I received this letter (Acknowledging the receipt of the letter and cheque for 15s., and stating they had to send to the Continent for the bonds, and enclosed a contract note)—these (produced) are the two cheques I sent—they are on Fox Fowler, bankers at Bridgwater, in favour of Merrick, Williams, and Co., or order—they appear to have passed through the London Trading Bank, Limited, and are both endorsed "Merrick, Williams, and Co."—the 5l. appears to have had a former endorsement, and the 15s. cheque is endorsed "Merrick, Williams, and Co.," and also "R. H. Langridge"—after the 12th September I never received any bonds or any money back, and no value whatever—I wrote several times and got no answers—I lost my 5l. 15s.
ANKIE CLACK . I am widow of the Rev. George Robert Clack, Vicar of Dunholm, who died on 30th June last—I produce the certificate of his death—the signature to this deposition (produced) is his, I think.
JOHN SMITH . I am one of the ushers at the Clerkenwell Police-court—I was present when the defendant was brought there as a prisoner—I administered the oath to the Rev. George Robert Clack—I heard him give his evidence; it was read over to him, and I saw him sign the deposition produced—the prisoner had an opportunity of cross-examining.
The deposition of the Rev. George Robert Clack was here read as follows:—"I am a clergyman living at Dunholm Vicarage, Richmond, Yorkshire. I saw an advertisement in a newspaper, which advertisement purported to emanate from Merrick, Williams, and Co., of 51, Bedford Row. In consequence, in October, 1882, I communicated with them. I received from them a price list of bonds. I produce a letter dated the 12th October, 1882, received by me. (This stated that Merrick, William, and Co. could buy City of Brussels Bonds, 1874, at 4l. 5s. conditionally that not less than 20 were taken, and that if five or ten bonds were required, the price would be 4l. 10s., and that they would keep 100l. stock open to Saturday.) I afterwards wrote to them a letter dated 13th October, 1882, now produced and marked 'C 2.' (Stating that if they could sell him five Brussels, 1874, at 4l. 5s. each, he would take them, but that he would not pay more.) I afterwards received the letter and contract note, dated 14th October, 1882, marked 'C 3' (Acknowledging the receipt of the letter, enclosing a contract note for five City of Brussels 1874 Bonds, and requesting a remittance per return). I afterwards wrote the letter dated 16th October, 1882 (Produced; enclosing a cheque for 21l. 5s., and requesting the bonds as per contract note might be sent at once), and enclosed a cheque for 21l. 5s., drawn by myself on the Swaledale and Wensleydale Bank. I afterwards received the letter
produced dated 23rd October, 1882, marked 'C 5' (Acknowledging the draft for 21l. 5s. for five City of Brussels 1874 Bonds, which would be forwarded as early as possible, and apologising for the delay, his letter having been mislaid). I subsequently received the letter produced dated 13th November, 1882, marked 'C 6' (Stating that the delay in the receipt of the bonds had been caused by a mistake of the agent, and that they were advised that morning by telegram that eight bonds were forwarded, and asking whether he would take the extra three bonds at 4l. 5s.) I declined to take the extra bonds therein referred to. I never received my five 1874 Brussels Bonds. I never received back the money I sent for them. I made several applications, but without any result."
THOMAS PAUL . I was tried here in March last and am now undergoing a sentence—I have known Langridge for about 20 years—about May last he spoke to me, and he and Williams jointly employed me—the firm was Merrick and Williams—Williams took the office at 51, Bedford Row—Langridge was the reference—these letters to Rogers are in Langridge's handwriting—I was employed to keep office and do the correspondence—I did not receive any of the profits on the business; I was paid weekly, sometimes 8s. or 9s. on Saturday, and small sums during the week—it was irregular—after the office was taken the prisoner used to come there—these printed headings were prepared by the prisoner—advertisements were put in the county papers to induce people to buy stock—I remember letters coming from a Mr. Williams—I received them and took them unopened to the prisoner at 15, Holborn Viaduct—I saw him open them—I remember one containing a cheque for 5l., and another for 15s.—I wrote all the answers to these letters at the prisoner's dictation—the prisoner paid the 5l. cheque through his own bank; it is endorsed "Messrs. Merrick, Williams, and Co.," and "Merrick, Williams, and Co." in Langridge's handwriting—he had an account at the London Trading Bank, through which it seems to have been passed—he told me it had been returned by the bank because the word "Messrs." was there, and he endorsed it again—the cheque for 15s. is endorsed "Merrick, Williams, and Co.," and "R. H. Langridge," in the prisoner's handwriting; that also passed through the bank—the contract note of 12th September is in my writing; it is on one of the printed forms of the office—I copied most of the answers dictated to me to the letters at the office in Bedford Row, and took them back to him at 15, Holborn Viaduct for approval and postage—he read them and he posted them—I might now and then have put the stamps on, but I nearly always left them with him for postage—this letter of 11th September is in Langridge's writing, and he added the postscript—I remember Mr. Clack's letters coming—I took them unopened to the prisoner at his office on Holborn Viaduct, and saw him open them—he sketched an answer and I wrote it, and afterwards took it to him for approval, and he posted it—this (produced) is a letter from Mr. Clack of 16th October, enclosing a cheque for 21l. 5s.—the prisoner had it; he asked me to endorse it "Merrick, Williams, and Co.," and I did so—he paid it through the London Trading Bank—I had none of the profit of either of those two transactions—this (produced) is one of the sketches of an answer made by the prisoner—the prisoner got the headings printed—I and Williams were present when he gave the order—most of the printing was done at the Old Bailey, and some at a firm in
the City Road, I forget the names of the firms—the contract notes were printed on Ludgate Hill.
Cross-examined. I was sentenced in the March Session for unlawfully appropriating a cheque for 51l. to live years' penal servitude, which I am doing now—I was not guilty of that, I was unjustly convicted—two years ago I was sentenced to three months' imprisonment for obtaining about a dozen 1s. subscriptions to a book which was not published—I was not guilty of that, I had not time to complete the book; I pleaded guilty—I have never been in Warwick; I have been to Manchester; I do not remember anything happening there—I have at times gone under several different names besides that of Paul—I made a clean breast to the Treasury solicitors of what I have said to-day about a couple of months I should think after my conviction—I was asked for a statement and I gave it—I have no hope whatever of getting my sentence lessened or remitted—I had known Williams since I was a boy—he was an agent under me in years gone by—we had been connected in business for 10 or 12 years—Williams was an illiterate man, he could not write well—I can write pretty fairly and am a man of fair education—I was present with Williams when the office was taken of Mr. Rogers—I went alone the first time, and then with Williams, and it was agreed to take the office that day in my presence; William Rogers and I were there, nobody else—the prisoner was secretary to the Corporation of Land Financiers, and afterwards was appointed by the Court of Chancery as clerk to the liquidators—I was at the office at Bedford Row every day, or practically every day, and Williams was there nearly every day—he died suddenly in November or December last year—I always understood Langridge was Merrick—I believe I gave the name Merrick and Williams to Mr. Rogers—I do not know a man who sometimes went under the name of Bevan and sometimes under that of Merrick—I know a Mr. Bevan—he only went there once or twice—I never consulted him as to the letters I was to write—I had authority to endorse the firm's name on cheques—except in the instance where the prisoner's name appears on the cheque, and where the Messrs. Merrick, Williams, and Co. is crossed out and Merrick, Williams, and Co. written in, I have written the name—I don't suppose there were half a dozen cheques altogether—I know Williams and the prisoner had been friends for many years—I believe the prisoner has given Williams money on several occasions—I don't think he advanced him so much as 300l.—according to William's statement he had not received 10l.—I do not know that Williams repaid him money advanced on or about the first of every month—I never saw the prisoner's books—I saw the correspondence of the firm; I did not write the answers out of my own head—I consulted the prisoner every morning when I took the letters down—Williams came to the Viaduct and I took the letters down there—when Williams was at the office I did not consult him and then write the letters—nobody was authorised to write the name of the firm, Merrick, Williams, and Co., except myself and Williams—I took the letters to the prisoner unopened and he opened them—Field, a friend of the prisoner's, used occasionally to be in his office when I went there—I believe nobody else was there—I used to go to the office between 9 and 10 o'clock in the morning, and Mr. Williams about 11 o'clock—if he did not come to the office he went to the Viaduct, and I used to bring them on there—during the eight months
the office was open the prisoner was there perhaps a dozen times altogether—as a rule when I went to the prisoner's office he and Williams were talking on friendly matters and on business matters as well—the endorsement to Mr. Clack's cheque is mine—it is dated 16th October—I took the letter containing it unopened to the prisoner, and endorsed the cheque in his presence—Williams was away at that time—I did not open the letter and take the cheque endorsed as it is now to the prisoner—I was present when the postscript was written to the letter of 8th September, and saw the prisoner write it—I am not aware that anybody else was present—Williams was in the country at the time—the initials to the postscript, "M. W. and Co.," are in the prisoner's writing—he did not request me to, nor did I say it would appear strange if there were three handwritings, and request him to do "so—I believe the prisoner to be a good man of business—I did not take the letters to him and get him to suggest answers—I believed it to be a genuine firm and that the letters were genuine business letters throughout the whole of the period when the letters were written, and during all my interviews with the prisoner—I believe the endorsement on the cheque for 15s. is mine—he opened the letter—it was endorsed at his office on the Viaduct—I did not put the "Messrs. Merrick, Williams, and Co.," on the other cheque—both the endorsements on that one are in the prisoner's handwriting.
Re-examined. When I was tried and convicted Merrick, Williams, and Co.'s letters were put in evidence, and shown to be in my handwriting—after Williams's return, on my telling him what amount the prisoner had received, he was very angry, and said he would see the prisoner about a settlement, and gave orders for any future letters to be given to himself, and I took no letters to the prisoner after Williams's return—I have had money from the prisoner for wages; I was paid irregularly—this letter of 5th October, "Dear Captain John," is in the prisoner's writing; this passage appears in it: "No business at 51, Bedford Row. We have sent out the October circulars; nothing comes of it, the office appears a dead letter"—circulars were printed and sent out—this order for the printing is signed by the prisoner, the matter is in my handwriting—I was instructed to draw out a circular—I cannot say I was present when it was signed—I handed it in to his office.
By the COURT. The office was open eight months—there were other letters besides those from Clack and Williams from the country addressed to the office; they were handed to the prisoner every morning, and were answered—they were about the business of the office—I never saw any bonds at the office; one was bought and delivered in London, and one the prisoner bought and sent away—that was the only one during the eight months that I know of as having been delivered in compliance with any orders.
WILLIAM TICKELL . I am manager to Bemrose and Son, printers, 23, Old Bailey—I know the prisoner by name, I have never seen him—I have produced this order signed by Langridge, dated 7, 7, 82; it is an order to print some business circulars—they were printed and sent according to order—the only amount now owing from Merrick, Williams, and Co. is 17s. 6d. for these circulars—this is the receipt-note.
Cross-examined. We have an account in our books with Merrick, Williams, and Co. for two years before this—the account is still open—there
have been accounts paid—there is something standing in Langridge's own personal account, it was for working out public companies—as a rule the work he introduced has been paid for—I was not present when this order was given—it came over the counter in the usual way—I did not know Williams.
JOHN CHARLES JAMES . I am clerk to the Railway Printing Works, City Road—we printed some of these printed headings on blue paper: "Merrick, Williams, and Co., 51, Bedford Row, London"—we also printed for the same firm some note paper headed, "R. H. Langridge, 15, Holborn Viaduct."
Cross-examined. I did not see Langridge, and knew nothing of him.
HENRY GREEN . I am a member of the firm of Green and McAllan, printers, Ludgate Circus—I knew Langridge during the summer of 1882—he sent several small orders to our firm; he called personally sometimes.
Cross-examined. I had known him for two years—during that time he gave orders, not amounting to much—we got all that was due by great pressure.
Re-examined. Sometimes orders were paid for in advance.
DAVID FREDERICK DAVIS . I am a clerk in the London Trading Bank, Limited—the prisoner had an account with us—these cheques for 15l. 15s. and 21l. 5s. were paid in to his account—there was no account of Merrick, Williams, and Co.—the endorsement on one of the cheques, "R. H. Langridge," is Langridge's writing to the best of my belief—also the endorsement, "Merrick, Williams, and Co.," on the 5l. cheque.
BENJAMIN MORGAN (Police Sergeant). I took the prisoner into custody on 2nd May, at 15, Holborn Viaduct—I found there some counterfoils of cheques by Langridge in favour of Merrick, Williams, and Co., some to T. Paul, some to John Williams, and 22 paid cheques signed by him; also a cheque in favour of some newspapers for advertising, and a bill of exchange accepted by Langridge for 66l. 10s. 6d., and some accounts between Williams and Langridge in a book labelled "Journal," from June, 1879, to Nov., 1882—I found other papers at a beer-house in Bedford Row, where I arrested Paul on 23rd February—I found Paul living in a state of great poverty.
Cross-examined. Langridge's papers were put away in a proper business manner at his offices—everything was done in regular business order—I produce the journal—it appears to be kept regularly—I found it on the table lying open, so that anybody might see it—it appears by this book that in 1879 he lent Williams different sums, amounting to 44l. 10s., and it also appears that those accounts were repaid by Williams; and the same tiling appears in 1880—I had no difficulty in arresting the prisoner, he is still in the employment of the liquidators—I charged him with reference to the three cheques for 21l. 5s., 5l., and 16s.—he replied "I can prove that I rendered value to Williams for these amounts."
EDWARD ROGERS (Re-examined). Williams referred me to the prisoner reference—I received the rent generally from either Williams or Paul, but it was frequently paid by cheque made payable to Merriek, Williams, and Co., signed by Langridge for the exact amount—I never had a cheque of Langridge's payable to my name—the rent was paid monthly as a rule; sometimes it went to two months.
The prisoner received a good character.
GUILTY. Recommended to mercy by the Jury on account of his age .— Five Years' Penal Servitude.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
ALFRED PHILLIPS . I am assistant to John Phillips, a tailor, of 58, Regent Street—on Saturday evening, 17th March, about 7.30, the prisoner came to the shop and asked to see some ready-made clothing—he selected a coat, waistcoat, two pairs of trousers, a lady's skirt, and 4 yards of silk, amounting to 20l. 19s. 6d.—he asked me to make out a bill, which I did—he asked for a pen, and wrote out this cheque and handed it to me; he said it would be all right, he was a member of the firm of Cook and Co., 40, Mincing Lane; if I turned to the Directory he would show me the name of the firm—he showed me his cheque-book; there were some cheques torn out, and the counterfoils remained with figures on them, drawn on that same day—he pointed to one particular counterfoil, made out to Silver and Co., of Cornnill, and he said, "I have just paid 20l. away to-day to Silver for clothes"—he said, "If you take the cheque on Monday morning you will be paid"—he said he had 1,000l. at the bank, but he had spent 400l. of it and he had got 600l. in the bank—I believed those representations, and it was upon those representations that I parted with the goods.
Cross-examined by the Prisoner. I don't remember the prices of the things you had—you took the bill away with you—when I made out the bill you said, "I shall pay you by cheque"—I asked if you would not mind paying cash, as you were a stranger—I believe you had a couple of sovereigns in your purse—I did not know that the dress you ordered was not tied up in the parcel—I did not see any detective that night—I am sure you said you were a member of the firm, not a relation.
JOHN PHILLIPS . I was in the shop on 17th March when the prisoner came, and heard the conversation with my son, and was there when he took the clothes away—he came next day, Sunday—he said he had got 600l. in the bank, a balance of 1,000l., and he had come for the remainder of the parcel that was left behind—I said I could not get into the shop because the manager had the keys with him, and he could not hare it that day, but he should have it the first thing on Monday morning, and I would send it to 40, Mincing Lane—he said it would be no use to send it in the morning, but at half-past 2 in the afternoon he would be there—I did not send it—I sent the cheque to the bank, and it was marked "No effects"—I saw nothing more of the prisoner till he was arrested—I gave information to the police.
Cross-examined by the Prisoner. I heard everything that passed between you and my son—you said that you were one of the partners of James Cook and Co., or the principal, or a partner, or something like that—I said before the Magistrate that I did not know that the dress was packed up—I did not tell my porter not to pack it up—you said you wanted the dress immediately because you had promised some lady to take it home to her, and you promised to give me more orders if the man would call at half-past 2—I don't remember you saying I need not send the dress, but the lady would call on the Tuesday—I did not see a detective on the night of the 17th—the dress had been worn before by a member of my family—your wife called on me before you were arrested, and tendered a letter from you stating that I should be paid when you received the money.
JOHN PEPPERELL WAITE . I am a salesman in the employ of Hope Brothers, 223, Holborn—Mr. Peacock trades under that firm—on Saturday, 17th March, about 5 p.m., the prisoner came there and selected a rug, a dressing-gown, and other articles to the value of 7l. 18s.—he wrote this cheque in my presence—I spoke to Mr. Soane, the manager, and he said to the prisoner that it was not usual to take cheques, and asked him for a reference, and he wrote the name of James Cook and Son as a reference—the goods were afterwards sent as he requested to the Inns of Court Hotel.
HENRY SOANE . I am manager to Hope Brothers—on the evening of 17th March Waite brought me this cheque—I went into the shop with the cheque and found the prisoner there—I told him it was not usual to take cheques—he said, "Oh, it is all right," and he gave me a reference to Cook and Co., 40, Mincing Lane—he said he was a member of the firm, we should find it all right, the cheque would be met—the Directory was looked at—he said he was staying at the Inns of Court Hotel—believing his statement I allowed the goods to go—he said nothing about a banking account—the cheque was sent to our head office, and returned marked "No effects."
THOMAS ELLIOTT . I am a clerk, in the employ of James Cook and Co., 40, Mincing Lane, and have been so for about 20 years—the prisoner is not a member of the firm, and never was—there is no person of the name of Cook now a member of the firm—I know the prisoner.
Cross-examined. Your uncle got me into the firm—your grandfather was the original and only member of the firm—I cannot say for how many years Mr. Magon has had the business—I do not know that it was only left to him for a certain time, and that at the expiration of that time it would come to you—I believe the house 40, Mincing Lane belongs to Mr. Magon—it does not belong to your father and you that I know of—Mr. Magon as executor to your grandfather pays certain moneys to your father—I can't say whether it is entailed property—I do not know that under your grandfather's will certain property belonging to him comes to you absolutely—I do not know that you have any interest in the business—whatever sums you may have received from Mr. Magon have been in his capacity as your grandfather's executor.
Re-examined. I have never known the prisoner interfere in the business or have anything to do with it.
PASCOE CHARLES GLYN . I am a member of the firm of Glyn, Mills, Currie, and Co., bankers, 67, Lombard Street—on Saturday, 17th March, the prisoner sent in his card to me with "Cecil H. Cook" on it—I did not know him, but I knew his grandfather well and the family—I saw the likeness in the prisoner—he said he wished to open an account, that he knew the firm, which had banked with us for some time—the conversation between us was very hurried—I was the only partner present—he mentioned that he had hopes of having a share in the business from his uncle or grandfather, I am not sure which—knowing him in that way, I allowed him to open an account, and I referred him to my clerk, Mr. Gregg—he has never paid in anything—nothing passed between us about paying in any money—the firm still has an account with us, and has had for years.
Cross-examined. I don't think I told the detective that you represented yourself to me as a member of the firm—I knew you were not a partner—I don't remember your saying that you had 500l. coming from some
property in Canada—I never saw your father—your grandfather I knew very well—I knew it to be a respectable family—I never saw you before.
EBENEZER GREGG . I am a clerk to Glyn and Co.—on 17th March, by direction of Mr. Glyn, a cheque-book containing 60 cheques was given to the prisoner—these cheques marked A and B came out of that cheque-book—the prisoner signed his name in the signature book—no money was ever paid in to his credit—cheque B was presented for payment a day or two alter the 17th March—I believe other cheques were also presented.
Cross-examined. I did not ask you if you were a member of the firm of James Cook and Co., or if your account would be a large one—you did not say it would be about 500l. or 600l.—I think you said you would pay in some money, but I am not clear what it was—I have forgotten what you did say—you asked me for a cheque-book, and I asked you what size—I think you made some remark about paying in some money—I don't remember anything about the Canadian property.
CHARLES RICHARDS (Police Sergeant C). On 7th June the prisoner was brought in to Vine Street Station, in custody from Worcestershire—I read the warrant to him—it was for obtaining certain goods from Mr. Phillips, of 58, Regent Street—he said "Oh, is that all, Mr. Phillips; my wife has gone across to see him, but I suppose if I make that right there are other cases?"—I said "Yes, there will be several other cases"—he said "Well, the facts are these: I expected a certain sum of money to be paid in next day, as I have property in Canada."
Cross-examined. I did not say before the Magistrate that Mr. Glyn had told me that you represented yourself to him as a member of the firm of James Cook and Co.—I said I had been given to understand that you had obtained the cheque-book by representing yourself as a member of the firm—I did not on the 17th March follow you from Mr. Phillips's shop to Charing Cross Station—I did not receive information of the fraud till the following Tuesday—I said that I traced the cab that took you there—you asked me where I missed you, and I said at Charing Cross Station—Mr. Phillips did not speak to me on the 17th—I have not been to persons to whom you are indebted and asked them to bring criminal charges against you—I went to Mr. Kinsella, of Praed Street, to ask some particulars—I did not ask him to prosecute you—I did not go to Hope Brothers; they had previously given information.
CHARLES RICHARDS (Re-examined). When I called on Hope Brothers I told Mr. Soane that the prisoner was in custody, and asked if he intended coming to the station to prosecute—I did not say that others would come if he would.
The prisoner in his defence denied any intention to defraud, and stated that he had 500 acres of land in Canada worth 5l. an acre, upon which he was expecting an advance of 500l. or 600l., which was delayed in consequence of the original deed not having been forwarded, it being in the possession of Mr. Wollington, who would prove it.
ago he deposited a deed in my care, respecting some Canadian property—I produce it (This was dated, and referred to be a grant of certain lands the province of Quebec, in March, 1842, which lands were afterwards granted to the prisoner by his father)—about the middle of March the prisoner called on me, and told me that he was expecting to receive 500l. or 600l. in advance pending the purchase of the property, and that he had been disappointed, owing to my not having sent this deed—he said he was in a mess about it, and he hoped I would hunt the deed up—I was under the impression that the deed had gone, but it was mislaid, and I afterwards found it—I have known the prisoner for many years, and have known him to have large sums at different times—he was brought up as a rich man, and was accustomed to keep a large establishment—he had undergone a training in medicine, and did something with the Ambulance Corps in the Turkish war.
Cross-examined. In 1876 he borrowed money on a reversion—I knew nothing about the Clerkenwell Sessions—I never heard of his having been charged with any offence before—I lost sight of him since 1881 until March this year—I was told that he was in Canada—I made him an advance of 8l. on this deed—I have had it since 1881 as security for the 8l.—the deed is a peculiar one—the purchase money is so many hundred gross of watch-glasses.
Re-examined. He at one time held a commission in the Connaught Rangers—I have had many transactions with him to a large amount, and always found him honest and straightforward—I had lent him sums of money which were always repaid.
By the COURT. He was in the Turbo-Russian war, and was taken as a Russian spy, and was very nearly shot—he was also in Afghanistan.
JOHN DUFFIELD . I was porter to Mr. Phillips on 17th March—I went to the Inns of Court Hotel with the parcel—I don't know what it contained—I know there were some coats, waistcoats, and trousers, and some parcels—I did not receive any instructions not to put in a silk dress.
GUILTY.— Judgment respited.
NEW COURT.—Monday, July 30th, 1883.
Before Mr. Common Serjeant.
KEMP— Eighteen Months' Hard Labour.
HYETT— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
RINGROSE— Nine Months' Hard Labour. STEVENS— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
701. WILLIAM WALTER REEDES (17) to stealing while employed in the Post-office a letter containing a silver locket and a silver gilt chain, the property of Her Majesty's Postmaster-General.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.] And
702. JOSEPH FREDERICK BOWLER (18) to stealing while employed in the Post-office a post-letter containing a half-sovereign, a shilling, and seven stamps, the property of Her Majesty's Postmaster-General.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
MESSRS. PURCELL and HICKS Prosecuted.
GEORGE THOMAS DAY . I am 13 years old, and live at 68, Orchard Street, Great Smith Street—on 22nd May the prisoner, who I had seen before, spoke to me about 5 o'clock outside Mr. Scarlett's public-house, and said "Get me a pint of six ale, and bring it down to the bottom of Orchard Street"—he gave me a half-crown; I gave it to the landlady, who gave me the ale and 2s. 3d. change, which I gave to the prisoner—he gave me a penny—he drank the ale, and gave the can to a little boy named Mason—Mr. Scarlett and I afterwards spoke to Wybrow, and went with him to the corner of St. Anne's Street and Great Peter Street, where we saw the prisoner—I pointed him out to the constable, and he was taken.
Cross-examined. I said that there was another man like you—I had seen you once or twice before.
AMELIA SCARLETT . My husband keeps the New Coach and Horses, Great Smith Street—on 12th May I received a half-crown from Day; I put it on the shelf with other money; there was no other half-crown there—I afterwards gave it to Mrs. Tracey in change for a half-sovereign—this is it (produced)—I noticed it when Day gave it to me, but knowing him I did not take much notice of it—Mrs. Tracey brought it back to me the next morning—I told her I did not think it was very good, but I knew who I took it of.
ELIZABETH TRACEY . I am the wife of William Tracey, of 3, Prestbury Buildings, Westminster—on 22nd May I changed a half-sovereign at Mrs. Scarlett's, and in the change she gave me a half-crown, which I gave next day to Mrs. Hase—I had no other—she brought it back next morning, and I took it to Mrs. Scarlett.
CHARLOTTE HASE . I live in Charlotte Street, Horseferry Road—on 22nd May Mrs. Tracey gave me a half-crown—I took it to the Three Elms public-house, and gave it in payment for some brandy—they gave it back to me directly—I did not lose sight of it—I gave it back to Mrs. Tracey.
JAMES BOX . I keep the Old Star and Crown, Broadway, Westminster—on 25th May, just before closing, I saw the prisoner tender a florin to my wife for something which came to 4d.—she brought it to me; it was bad—I said nothing, but went to the other side of the counter, got a constable, and charged him—he said that he did not know it was bad, a gentleman gave it him for moving some boxes.
CHARLES ADAMS (Policeman B 148). On 25th May, early in the morning, I was called, and the prisoner was given into my custody for uttering a bad florin—he said that it was given him by a gentleman for carrying some boxes—he did not say "and a shilling besides"—I signed my deposition, but it was not read over to me—I said that he had a shilling besides, which I found on him, and two pieces of good money—he was taken to Westminster Police-court, remanded, and discharged.
WILLIAM WYBROW (Policeman B 193). On 15th June I went with Day and Scarlett to the Greycoat public-house, and Day pointed out the prisoner and two or three others—he touched the prisoner, and said "That is the man who gave me the money"—I said "Jimmy you will have to come to the station with me"—he said "All right, I will go quietly"—I knew him—I told him it was for uttering counterfeit coin he made no reply.
The Prisoner's Statement before the Magistrate. "The boy says he saw me three or four days afterwards, and I was then in the House of Detention."
GUILTY .— Twelve Months' Hard Labour.
HOFMAN PLEADED GUILTY .
MESSRS. CRAUFURD and PURCELL Prosecuted; MR. GILL Defended.
MARY NEWBURY . I keep a post-office at 17, Lancaster Street, Hyde Park—Green came there in March, asked for 3s. worth of stamps, and gave me a shilling and a florin—I told her that the florin was bad—she said that it was good, and had been given her by a gentleman who lived close to her—I kept it and returned her the shilling—I saw that she had two good florins—she did not have the stamps; she said she would go and fetch the gentleman who gave her the money—I afterwards saw her at Hammersmith Police-court and recognised her—the florin was kept separate for about a month and then mislaid.
Cross-examined. I cannot fix the date—I dare say fifty people a day come into the shop; I cannot remember them all—I only saw Green once, and when I saw her next she was in the dock; I did not pick her out.
ELIZABETH MITCHELL . I live at 420, Brixton Road, and am assistant to Mr. Edmunds, who keeps a post-office and stationer's shop—at the end of April, Payne came in between 4 and 5 o'clock for some stamps and handed me a half-crown—I tested it with acid and told her it was bad—she paid me with good money and I gave her back the half-crown—I picked her out at the station from four or five other women.
Cross-examined. She was about three minutes in the shop; I took particular notice of her.
GEORGE CHERRY . I keep a post-office and grocer's shop at 1, Lancaster Place, Bayswater—on 3rd May, about 1 o'clock, Green came in for a half-crown's worth of stamps and put down a bad half-crown—my wife took it up and I took it out of her hand as the prisoner was going out—it was bad, and I marked it "May 3rd"—this is it—it was given to the police—about half an hour afterwards my assistant showed me two bad half-crowns, which I marked "3rd May"—on the following Thursday, May 10th, Hofman came and gave me a bad half-crown for some stamps—he took it away—I afterwards saw Green at Hammersmith Station with a lot more.
Cross-examined. I did not speak to her—she bought something of my wife.
EDWARD TANT . I am Mr. Cherry's assistant—I saw Green there more than once about the beginning of April, always alone—about the middle of April she came in for 3s. 6d. worth of stamps; I sent her to Mrs.
Cherry—she got the stamps and left in a hurry—on 3rd May, about 1.30. she came again for some grocery—I served her; it came to 2s.—she gave me a bad half-crown; I suspected it, but gave her 6d. change—I afterwards found it was bad, marked it, and gave it to Mr. Cherry—on 10th May Hofman came for 2s. worth of stamps and gave me a half-crown—I saw that it was bad, but gave him the change, as I had had instructions—I marked it, and afterwards gave it to Mr. Cherry—I had seen Green before that; she came about 1.30, and was served with tea and sugar, which came to 2s.—she paid with a half-crown—I saw that it was bad, but gave her the change without saying anything—I handed it to Mrs. Cherry and followed Green—she joined Hofman; I followed them to a public-house and to the post-office in Harrow Road, and watched them into several shops; first one went in, and then the other, one remaining outside while the other went in—I followed Hofman and then went to see where Green was, and missed them both—I had followed them from 12.40 to 3.30—the last place I saw them go into was the post-office in Harrow Road—I then lost sight of them—I was alone in the shop on the 3rd.
WALTER COOKSON . I am a stationer and keep a post-office at Goldhall Road, Kensal Green—on 23rd June, about 3.30, Hofman came in and tendered a half-crown and a shilling to Campbell, who found the half-crown was bad—I followed him, had a conversation with him, he gave me a good half-crown, we went back to the shop, and I gave him the bad one back—he put it in this brown leather purse—from what my sister said I followed him to Lock Bridge, where he went into a public-house, and was followed by Green—they went along together in conversation—I spoke to two constables and they were stopped—when they stood by the inspector's desk I saw their hands together.
RICHARD CAMPBELL . I am Mr. Cookson's assistant—on this afternoon Hofman came in for some stamps, and paid me with a shilling and a half-crown, which I passed on to Mr. Cookson—he went away and Mr. Cookson went out.
JOHN MARTIN (Policeman X 321). On 23rd June, shortly before 4 o'clock, I was at Lock Bridge, Paddington—Mr. Cookson spoke to me, and I followed the prisoner, and said to Green "Do you know Hofman?" pointing to Hofman—she said "No, I met him at the public-house, and asked him to treat me"—I told them I should take them both in custody for uttering a bad half-crown to Mr. Cookson—Green seemed surprised and said "What, a bad half-crown?"—I said "Yes"—she said to Hofman "We had better have a four-wheeled cab"—when the prisoners were before the inspector I saw Hofman move his hand behind him—I said "What have you got there?"—he said "Nothing, look," and held out his hand; I saw this green purse up his sleeve—it contained two bad half-crowns wrapped separately in tissue paper—I searched him and found a brown leather purse containing 42 postage stamps, a good shilling, 14 1/2 d. in bronze, and a bad half-crown—I received from the female searcher a bag, 72 stamps, a packet of envelopes, a florin, and 5s. 6d. in silver—besides that there were three half-pounds of steak in separate papers, which I threw away on the Monday morning, as they were very high—the prisoners refused their addresses.
said, "If I gave him a bad half-crown I am sorry, I suppose it will be a bad job for us"—at the station I saw Green put her right hand into Hofman's right hand covered by a handkerchief, and said "What have you passed?" she said "Nothing"—Hofman moved his left hand towards his back, Martin immediately seized it and found a green purse up his sleeve.
EMMA PILLING . I live with my parents at 19, Portland Street, Soho—the prisoners came to our house on November 3rd, 1880, and occupied one room on the third floor front in the name of Shultz—she said that he was an interpreter.
Cross-examined. He spoke of her as his wife and she spoke of him as her husband—he is German and she English—they always behaved well.
GREEN— GUILTY .— To enter into recognisances. HOFMAN— Fifteen Months' Hard Labour.
OLD COURT.—Tuesday, July 31, 1883.
Before Mr. Recorder.
MR. CRISPE Prosecuted; MR. MONTAGU WILLIAMS Defended.
After MR. CRISPE had opened the case, and some discussion, the letter containing the alleged libel was withdrawn, and a verdict of
NOT GUILTY was returned.
The prisoner was tried for this offence at the last Session with Frederick Baldock. Baldock was then convicted, but the Jury being unable to agree as to Vass, were discharged without returning any verdict as to him. The evidence now given was the same as in the former case (Page 357).
Recommended to mercy by the Jury on account of his good character.— Twelve Months' Hard Labour.
MR. WALLIS Prosecuted; MR. FULTON Defended.
SARAH WICKING . I am the wife of William Wicking, of 190, Walworth Road, furniture dealer—on 24th February I supplied the prisoner with some goods under a hiring agreement—the price of the goods was 15l. 5s.—he paid altogether 11l.—on 3rd May he had some other goods on an agreement under the same conditions—this is the agreement (produced)—I never got any notice in writing that the goods had been removed—no money was paid under this agreement—the goods were delivered on the 3rd or 4th
by Mr. Wicking—I went several times for the money a fortnight after the delivery of the goods, but the house was always shut up, and I wrote this letter—the value of the goods under this agreement was 35l.—4l. 8s. was left upon the other agreement, that was added in—I had one or two short notes from the prisoner, but no answer to that—eventually I gave information to the police—I have since seen most of the furniture, some at the pawnbrokers', Wade and Balls, the other at a furniture dealer's in Westmoreland Road, Walworth—my house is about a mile and a half from the prisoner's house at Peckham.
Cross-examined. We sell many goods on the hiring system; it is our usual way of doing business—unless the whole amount is paid the property is ours—as soon as the whole is paid the purchaser gets the goods—the prisoner promised to pay the whole amount on the first agreement before he had the other—this is the receipt I gave him for the 11l.—we supplied a piano that was not included in this agreement—it was left in the house, and was not disposed of—he paid nothing on that—its value was about 20l., it was on hire at 4s. a week—he was not to purchase that—I should have objected to his disposing of the goods even if he had paid regularly.
Re-examined. Nothing was paid out of the 35l.—there is no charge against the prisoner on the first agreement.
ALFRED GRAHAM . I am a furniture dealer, of 34, Westmoreland' Road, Walworth—on 7th June I bought some goods of the prisoner at 161, Asylum Road, Peckham—I bought a drawing-room suit, a chest of drawers, two bedsteads, two palliasses, five cane chairs, and two washstands—I cleared them on the 8th—Mrs. Wicking has seen those goods—when the prisoner offered the goods for sale he said that he was going away to-morrow to America, and he wanted to pay the landlord the rent, and I was to clear them early in the morning, so that he could give up the key of the house.
Cross-examined. I gave him 6l. for the things—it was a fair price—35l. was a very hot price.
JAMES LEWIS . I am assistant to Mr. Wade, of 62, Queen's Road, Peckham, pawnbroker—I have two pier-glasses and a swing glass—on 19th and 28th May the prisoner pawned them—he said they belonged to him—Mrs. Wicking has seen them.
Cross-examined. I advanced 23s. on the two pier glasses—I should say 30s. was a fair price for the two; they were very small.
ALFRED HOWARD SMITH . I am assistant to Mr. Balls, of 150, High Street, Peckham, pawnbroker—I have a feather bed pawned on 5th May for 12s. by the prisoner, and I took in a carpet for 7s. 6d. on 30th May—I did not take in the feather bed, and I can't say that the prisoner pawned that—Mrs. Wicking has not seen the carpet—the prisoner said it was his own property.
Cross-examined. I should think the bed was worth about 22s., and the carpet about 12s.
ALBERT WEATUERHEAD (Police Sergeant P). From information I received I arrested the prisoner on 3rd July, in Romford Road—I told him I was a police officer, and I arrested him for stealing a quantity of furniture from Mrs. Wicking—he said "I am very sorry, I wish they had waited a little longer, the money would have been paid"—he said if I went to
Jamaica Road I should find it open—I went there and found his statement correct—his brother-in-law lives at Romford.
Cross-examined. His brother is a little cattle dealer—I know nothing about the prisoner's family—he has a brother a solicitor, in a very respectable position.
MR. RAVEN Prosecuted.
HENRY CLAY . I live at 56, Dale Road, Haverstock Hill—I am clerk in the employ of Charles Goodall and Sons, of 17, St. Bride Street, wholesale stationers—on 18th May the prisoner came there and produced this order form from Mr. Cordingly, of Hammersmith, for three dozen playing-cards and 12 dozen white cards—I supplied him with the goods—he was talking on various subjects all the time he was there, but nothing with regard to the order—he selected some designs for patterns—I saw the cards packed up and given to him, and he took them away—we had dealings with Mr. Cordingly before; we had a regular account with him—I gave him the goods believing the order to be genuine—he signed this receipt in my presence, "J. Woods."
CHARLES CORDINGLY . I am a printer at Hammersmith—the prisoner was in my employment from February till 2nd May—he was then discharged—this is one of my order forms—there were three abstracted from my order book, Nos. 730, 731, and 732—this is 730—I did not authorise the prisoner to go for these cards—he had been discharged before—I had a man named Woods in my employ from the beginning of this year until May—during that time the prisoner was in my service.
Cross-examined by the Prisoner. I did not say that this was your writing—you occasionally had to make out orders—you were not authorised to fill up this one; you were told when to fill them up—you had not to stock the warehouse at your discretion—you had no authority to carry blank orders with you and to use them if necessary—I don't think this is your writing, I don't know whose it is, it is not Wood's writing.
JOHN DAVIS (City Detective Sergeant). On 17th July I apprehended the prisoner as he came out of his lodging on a warrant—I read the warrant to him and told him the charge—he made no reply; he said what he had to say he would keep to himself.
Prisoner's Defence. I can only say it is not my writing. I carried orders regularly into the City. When I entered into the employ I was ordered to buy stock with a casual limit, as there was nothing on the premises to make a stationer's shop. I was discharged with an offer of 10s. in full of all demands. If I told the circumstances of my employment it would alter the state of things.
He then PLEADED GUILTY to a previous conviction at this Court in October, 1870.— Five Years' Penal Servitude.
710. SAMUEL EDWARDS (24) to unlawfully obtaining goods by false pretences, having been before convicted at this Court in March, 1881,— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
NEW COURT.—Tuesday, July 31st, 1883.
Before Mr. Common Serjeant.
MR. CRANSTON Prosecuted.
GEORGE COOMBS . I am housekeeper at 51, Conduit Street, and assistant to Mr. Burden, an outfitter—on the morning of 21st June I returned home about 1 o'clock, opened the door with a latch key, and heard footsteps on the stairs—thinking it was my wife I called out "Ann, is that you?" I received no reply, and instantly went down and turned the gas up, and found the place in the greatest confusion—I looked into the scullery and saw the two prisoners under the cistern—I saw Payne's face by the gas light, but not the other so distinctly, but I swear they are the two men—I seized Payne by the collar and said "You scoundrel, what are you doing here?" he made no reply—knowing that there was no back entrance, I went outside the street door and held it by the knocker and letter-box with my foot against the door poet—they tried to pull the door from me—I called to Mr. West who was passing with a lady, to help me, and instantly there was a smash of glass and the prisoners immediately jumped off the shop next door—they had broken the first floor landing window—I seized Payne under a gas lamp and the other ran back past the front door—I afterwards saw him at the station—I missed a little box, a workbox, a watch which was found on the kitchen stairs, four walking sticks, a coin, a box of pens, some studs, and 3s. 9d. in money—some coats were removed—the door required a latch-key to open it.
Cross-examined by Payne. It was not open; it was on the latch—nothing was broken except the place where you broke out.
Cross-examined by Emmerson. Before you were caught, I saw you distinctly under the lamp when I seized Payne, and I recognised you directly you were brought into the station—Mr. West caught you.
By the COURT. I cannot positively swear that I saw Emmerson under the cistern, but he dropped off the roof and I saw him directly—I only saw two men in the house.
ANN COOMBS . I am the wife of the last witness—on 20th June, about 12 p.m., I fastened up the house, leaving the front door on the latch—it was necessary to have a key to open it—I was in bed about 1 o'clock and heard a cry of "Police" and steps on the stairs—I got up and went to the front door, trying to open it, but found my husband was outside it holding it and crying "Police"—one man passed me on the stairs, and I saw one coming upstairs—I did not see their faces—I went down to the kitchen and found a watch belonging to my boy, on the stairs—it had been in a little drawer with 3s. 6d. and some coppers which I also missed—the coats which had hung behind the door were found in the kitchen with my workbox—the landing window was fastened with a catch—it did not break till I got to the street door—I found it open—I had left it shut—it leads to the leads of the next shop—a pane of glass which shows light into the shop was broken by their walking across it.
running after him—I caught Payne—Coombs said that he had broken out of the house—Payne said "It was not me"—I searched him at the station and found in his pocket 7s. in silver and four pence, a coin, a box of pens, some silver studs, and this key.
HARRY KKIGHTON (Policeman E 330). On 4th June I was in Conduit Street, heard cries of "Police," and saw Emmerson running, followed by Mr. West, who tripped him up, and before I said anything he said while West was on top of him "I know nothing about this, I was running after the other man"—I took him back to the house and found this piece of flannel round the sole of his boot outside—I took him to the station—he complained of having injured his foot by jumping, but afterwards said that Mr. West did it by tripping him up—a doctor saw his foot.
Cross-examined by Emmerson. I am positive you said that your foot was hurt by jumping, and at Vine Street you said "I got it when I fell."
THOMAS BOWDEN (Policeman C). I was present when the prisoners were brought to the station—Payne gave his name as Johnson, and said that he lived at the East End and wanted to know what he was going to be charged with—I said "You are not an East-ender, sit down," and in a minute or two Emmerson was brought in—I said "You are in a nice mess now"—he said "It has nothing to do with me"—I went with the Inspector and examined the premises—we could see no marks on the street door—I went downstairs and found the articles produced lying on the floor wrapped ready for removal—Mr. Coombs handed me this watch—I returned to the station—a doctor examined Emmerson's foot and said that there was a slight sprain, and asked how he did it—he laughed, and said "I suppose they will find out; kicked, of course, by the man who threw me down"—at the police-court next morning I said to Payne "Do you think it is any use my going to the East End, are you going to give us that trouble?" he said "Well, I have lived there, but we shall not give you any trouble; we were passing, and saw the door open, and went in, and would not you if you had the chance?"—he looked at Emmerson and said "Don't you think we ought to get off after jumping that wall?"—Emmerson had nothing on him but a pawnticket and 5d.
The prisoners in their defence denied being in the house or knowing each other, and Emmerson stated that he came up after the affair was over and was taken in custody.
PLEADED GUILTY**†.— Two Years' Hard Labour.
EMMERSON†.— Fifteen Months' Hard Labour.
NASH PLEADED GUILTY .
MR. FRITH Prosecuted; MR. GEOGHEGAN Defended.
FREDERICK NASH (The Prisoner). I was in Messrs. Buxton's employ, and was charged with stealing this wool—I have known Sait three or four years—at the end of March or the beginning of April we were talking of Martin, who was in custody for receiving stolen wool, and Sait knew that Charles Cross, who I worked with, had dealings with Martin—
I said "Of course, that is all stopped now, and a good job it is, as it is a great load off my mind"—he said "Why don't you give me a turn and send me the wool you have? I can do with as much as you like to send"—I was surprised, as I intended to have left off this bad practice, which I have had cause to be sorry for ever since; but he induced me all he could and said "Send me the wool and I will pay you as much as Martin did, and will send a carman to fetch it away any time you like to name—I said "Well, I did intend to have given this up and have no more to do with it; but I will see about it"—my good resolutions were broken, and I sent word to Sait that the wool was ready, and next afternoon, Saturday, 14th July, after everybody else had gone, I packed up the bale of wool—that was in consequence of what he said to me—we had been in the habit of doing unlawful business together—I hired that man (Hipson) to take the goods to the booking office—I did not direct them at all—I saw them afterwards at the police court—Hipson brought me the ticket which the clerk gave him—I took it to Mr. Sait in Roman Road and gave it to him—on the Wednesday morning, the 17th or 18th, the detective arrested me and took me to Moor Lane and accused me—Sait paid me at the rate of 4d. a pound for wool which was worth 8d. or 9d. a pound.
Cross-examined. I was seven or eight years with Messrs. Buxton in a position of trust—my wages were 33s. a week—they were good masters to me—I had robbed them on several previous occasions—Martin tempted me like Sait—repentance induces me to give evidence to-day—I made a confession to my employers, and a solicitor saw me—I wrote a letter and asked for forgiveness because I wanted to make a clean breast of it, not thinking of what my sentence would be—I told them about Martin and Sait, and there was another man; I cannot say that I robbed my employers for the third person, but I knew that they were being robbed for him—I did not tell my foreman or my matter—I let him do so because he knew that I had robbed my master previously—I was surprised at Sait making the proposal; we were by ourselves when he made it.
By the COURT. I had a conversation with Sait in the prison going round at exercise; he said that if I would stick to one thing, that I only had one transaction with him, and I got convicted and, he got off, he would see to my wife and children.
By MR. GEOGHEGAN. It was at Guildhall that Sait wanted me to say that he had only been engaged in one transaction; I did not say so; if I had not been guided by him I should have pleaded guilty.
WILLIAM WRIGHT (City Detective Sergeant). A few days before 14th April I received information, and made a communication to Messrs. Buxton and Son that afternoon—shortly before 3 o'clock I watched their premises with Detectives Hutt and Roper, and saw Nash leave the passage from the premises, and speak to Hepson—they both returned to the premises, and in about a minute Hepson came out with this sack on his back followed by Nash and Roper—I followed to Moorgato Railway Station, where the sack was deposited in the cloak-room, and Hepworth received a ticket from the porter—I marked the sack and followed Hepson—he returned to Nash in Basinghall Street—I gave information and they were kept under observation till 17th July, when Roper made a communication to me, and I saw Sait at the Detective Office, 26, Old
Jewry, and asked him if he could give any further explanation in reference to the possession of the sack of wool—he said no, a man asked him to mind it—I said "There was a ticket in connection with that bag; do you know anything about that ticket?"—Sait said "I shall decline to answer that question"—I said "You will be charged with receiving this sack of wool knowing it to be stolen"—he made no reply—he was taken to Moor Lane Station, and made no answer to the charge—Sait shook his head at Nash in the dock, and Nash said "No, no, all right."
Cross-examined. I did not state at the police-court about Nash shaking his head, nor did I state it to Mr. Frith or to the solicitor—I spoke to Mr. Buxton about it, and Roper apprehended Sait—I had a long conversation with Sait and asked him questions—I investigate cases first and then charge the prisoners—I know that Roper had brought him to the Detective Office for him to give an explanation about the goods.
Re-examined. I have been in the force 18 years—it sometimes happens that perfectly respectable people buy stolen goods—it is necessary to interrogate 40 people out of 41—if he had told me where he got the goods in a straightforward manner I should not have charged him, but I asked him if he could give any further explanation; he said "No"—Roper was under my instructions.
THOMAS ROPER (City Detective 925). On 14th July, from, instructions I received from Sergeant Wright, I kept observation on the Wool Exchange, 24, Basinghall Street, and saw Nash leave shortly before 12 o'clock, walk up Basinghall Street, and return with another man who is a witness—they both went into No. 24, and the other man came out carrying a heavy weight—Wright and I followed him to Moorgate Street Station, and saw him leave the bag in the cloak-room and receive a ticket from the booking clerk—on Tuesday, the 17th, I saw a man go to the cloak-room door, tender a ticket, receive the sack, carry it out to a cart, and drive away—I followed him to Roman Road, Old Ford, to a marine store shop—I saw the prisoner in the shop, and when the carman left I went in and told the prisoner I was a police-officer, and wanted him to account for the possession of the sack—he did not answer for a minute, and then said "A man asked me to allow him to leave it here"—I said "Can you refer me to the man?"—he said "No, he is a stranger to me"—I said "It is not very satisfactory to me, you will have to go to the City"—he said "The shop belongs to my brother and I work for him"—he sent for his brother, who said that he knew nothing about the sack—I said to his brother "Do you allow him to buy this wool?"—he said "I don't know anything about it"—the prisoner said "I buy and sell things as if it was my own shop"—I waited till 7 o'clock and then took the prisoner to the station, and he was charged—I took Nash on Tuesday morning, the 17th, and charged him with stealing the wool.
Cross-examined. I saw the wool when it was lying at Moorgate Street Station, and told the booking clerk that I believed it was stolen, and to let me know if anybody came for it—I examined it and Wright marked it—it was lying outside the counter at Sait's—I took Sait on my own responsibility, as his answers to my questions were unsatisfactory—I would not have asked him questions after he was in custody.
HENRY HIPSON . I am a porter, of 7, Three Herring Court, Redcross Street—on 14th July, shortly before 3 o'clock, I was is Basinghall Street—Nash spoke to me, and I went with him and carried a bale of wool to Moorgate Street Station, and got a ticket in the name of Williamson—Nash told me to have the name on the ticket, and I did so—I afterwards met him at the Bell public-house, Basinghall Street, and gave him the ticket and 4d. change out of sixpence, and he gave me 1s. for my trouble—I saw nothing more of him till I was at the station—I knew him previously by working there—this is the bale (produced).
WALTER JOHN HOLIDAY . I am a carman, of 215, Roman Road, Old Ford—on 14th July Sait gave me a ticket, which I took to the clock-room, Moorgate Street, and received a bale, which I took in my cart to Sait's shop, 89, Roman Road, and he gave me a half-crown—I had been employed to go to Moorgate Station before, both by Sait and his father.
EDWARD CHARLES BUXTON . I am a wool broker, of Basinghall Street—Nash was in my service—this bale is my property—it weighs 911b.—I have examined the wool and recognise it—it is worth 9d. a pound; 4d. would be a very small sum to give for it.
Cross-examined. As far as I know, the police acted with my authority and sanction, in everything they did—I have received a letter from Nash—I do not know Martin, but have heard his name.
MR. GEOGHEGAN submitted that when the wool passed but of Nash's possession into that of a third person, it ceased to be stolen property, and that therefore Sait could not be convicted of receiving it. (See Reg. v. Lyons, Archbold's Pleas of the Crown, p. 439).
MR. FRITH contended that it still remained in Nash's possession, and the COURT overruled the objection.
SAIT received a good character—" NOT GUILTY .
NASH.— Judgment respited.
FOURTH COURT.—Tuesday, July 31st, 1883.
Before Robert Malcolm Kerr, Esq.
713. GEORGE SPARKS (38) PLEADED GUILTY to stealing a bag and 23 leggings, the property of Horatio Slazenger Moss, also to a previous conviction on 24th November, 1882, in the name of George Fisher— Five Years' Penal Servitude.
714. RICHARD RIBBIN (33) to breaking and entering the counting-house of John Frederick Obree and stealing a cash-box, two season tickets, and 10l. 0s. 9d., his goods and money.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
715. WILLIAM RICHARDS (30) to burglary in the dwelling-house of Lord Aberdare, and stealing a pair of opera glasses and other articles.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.] And
716. WILLIAM DUNCE (22) to burglary in the dwelling-house of Henry Fileman, and stealing 7 1/2 dozen forks and spoons, also to a previous conviction in May, 1875, in the name of William Morgan — Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
MR. GEOGHEGAN, for the Prosecution, offered no evidence.
NOT GUILTY .
718. SARAH ANN LAWRENCE (30) , Unlawfully obtaining by false pretences from Edith Basnett and Charles Willis, three mantles, one skirt, and one costume, the property of John Walker and others, with intent to defraud.
MR. RIBTON Prosecuted.
EDITH BASNETT . I am a saleswoman to Messrs. Walker and Gibbons, 85, Queen Victoria Street, mantle manufacturers—John Walker is one of the partners—on 5th July the prisoner called there—I had not seen her before—she asked if Mr. Bennett had been there—I said "What Bennett?"—she said "Bennett of Blandford"—I said no, he had not—Bennett of Blandford is one of our customers—she then said she wanted some skirts to send down to Mr. Bennett—I took her into the costume room and she selected three mantles—I gave them to her because she said she came from Bennett of Blandford and I believed her—there was nothing said about paying, because he runs an account—this (produced) is one of the mantles—she was wearing it when in custody—the value of it is 55s., or the value of the three would be about 7l.
CHARLES WILLIS . I live at Turner's Hill, Cheshunt, and was a salesman at Walker and Gibbons's up till last Saturday—on 5th July I was serving at their house in Victoria Street with Edith Basnett—she brought the prisoner to me; and the prisoner asked for some skirts and a costume for Mr. Bennett of Blandford, and also asked if Mr. Bennett had been as she expected to see him—I said "No"—she said "Never mind, I want to take one away, and the others can be sent"—I gave her four costumes and 14 skirts—she took with her one skirt and one costume, and I then took her to the mantle room, where Basnett served her—the value of the skirt was 2s. 6d. and the costume 11s. 9d.—the others were to be sent to Bennett of Blandford by rail, and were sent—I parted with the goods because the prisoner told me she came from Bennett of Blandford—she also told me she used to live there some years ago and had gone back to live there again—if I had not believed she came from there I should not have let her have them—when in custody, she was wearing one of the costumes she had from me—she signed for the goods in the name of Mary Anderson in the signature book—we charged the goods to Mr. Blandford's account.
WILLIAM SAUNDERS (Detective Officer). I received information, and was looking for the prisoner, and found her on 26th July at New North Road, Hoxton—I told her I should take her into custody for obtaining on 5th May a Dolman and a costume from Walker and Gibbons, Queen Victoria Street; and I said "I believe you are now wearing one of the Dolmans and the costume"—she said, "I am not, I made this myself, and I likewise made the costume; and if you come to my apartment I can prove it"—I asked her where her apartment was, and she made no reply—she was wearing the article afterwards identified by Miss Basnett and the costume identified by Willis—she said she did not know Walker and Gibbons's and had never been there—when charged, she refused her address and said "I am innocent of the charge."
THOMAS HODGES BENNETT . I am a draper of Blandford in Dorset—I know the prisoner—she was in my service five years ago—I have only seen her once since she left—I never authorised her to go to Walker and Gibbons's to order mantles or skirts or to give any order at all.
GUILTY .— Twelve Months' Hard Labour.
MR. RIBTON Prosecuted.
ROBERT LAYBOURNE . I live at 89, Drury Lane, and am a carman—on 23rd June I was going home some time after 9 o'clock, and close to Chancery Lane I was knocked down and robbed of 4s.—I got up and accused them of robbing me, and was struck down a second time—I was the worse for drink and could not identify the men; there were three or four; they all got away—I thought of going to the police-station on the Sunday, but did not—the inspector identified me on the Thursday or Friday; he was out of town when I went to Scotland Yard.
Cross-examined by the Prisoner. I am not aware that I called out for help when I was knocked down—I saw about it in the Chronicle and Post, and went to Bow Street, and the inspector told me to go to Scotland Yard—I saw the inspector on Thursday or Friday at Scotland Yard—I am in no regular work.
JOHN SMITH (Police Inspector). On the evening of 23rd June I was in Chancery Lane, and passing down Cursitor Street I saw five men, of whom the prisoner was one, and the prosecutor—he was suddenly and violently knocked to the ground by the four men, the prisoner taking an active part—I went towards them to see what was the matter—the prosecutor jumped up and accused them of robbing him of 4s.—his pockets were turned inside out then—the other three ran away—the prisoner struck him to the ground again and ran away—I chased him through Chancery Lane and Southampton Buildings till he disappeared down a court, and I lost sight of him—I had seen him about Drury Lane before—I went to look for the prosecutor, but failed to find him, and went into Holborn and saw the prisoner come out of the court in which I had lost sight of him—I spoke to a constable, and the prisoner seeing me hurriedly crossed the road—I went up and apprehended him and took him in custody for assaulting and robbing the man—he said "I have just been to see my stepmother at Clerkenwell"—I did not know the prosecutor at that time—he saw the case in the paper after the remand, and came to Scotland Yard, and said he was the man who had been assaulted and robbed—I recognised him at once—I had described him.
HENRY MCKENNA (Policeman ER 6). About 9.30 on the 23rd I was in Holborn—the inspector said something to me and gave the prisoner into my custody on a charge of assault—I had seen the prisoner cross the road and the inspector bring him back—at the station he was charged with assault and robbery—he said he was not guilty of it.
Cross-examined. When you were taken in Holborn you said Inspector Smith would be sorry for what he was doing—you said you had been to see some one at Clerkenwell.
The prisoner in his defence stated that he was crossing over Holborn to have a drink with a friend whom he met on his way home when the policeman came and took him on suspicion.
GUILTY . He then PLEADED GUILTY to a previous conviction of felony in August, 1881.— Five Years' Penal Servitude.
720. JOHN CHARLES FRITH (27), WALTER STAINER (17), ALICE WISE (17), and ELIZABETH SHEPPARD (19) , Burglary in the dwelling-house of Thomas Dalling, and stealing a box, two bags, eight purses, and 200l., his goods. Second Count, receiving.
STAINER PLEADED GUILTY .
MR. RIBTON Prosecuted.
THOMAS DALLING . I live at 9, Union Place; George Street, Chelsea, and am a gentleman of property—after midnight on the 23rd I was aroused by my wife, and went down and found the doors broken open and money taken away—there was 137l. 7s. 3 1/2 d. in these two bags—we lost about 200l., of which 137l. has been recovered, so that we have lost about 80l. odd—before we went to bed everything was perfectly fastened—I identify these bags and this purse (produced) with the letter "H" on it—it was full of new sixpences on that night.
HENRY HEWITT . I am a servant living at Union Place, opposite Mr. Dalling's—on the morning of the 23rd I was called by Mr. Dalling soon after 2 o'clock, and fetched a constable—about 4 o'clock I was going to bed again, and I heard a rustling like a drop from a wall—I went round and saw two men, one without a hat—Frith is one of the two; I did not know him before; I am positive of him—they had just recovered themselves from getting over the wall next to the beershop in Union Place—I lost sight of the one without a hat in the Grosvenor Road—the other walked across to a coffee-stall—I said something to a constable—he was not taken into custody there and then—before I lost sight of the one without the hat they went into a passage leading out of George Street to Chelsea Market—they stopped and he showed Frith the bags—I followed them into the court, and he put them again under his coat and turned out into George Street, and I followed and lost sight of him, and gave the other in custody—these are the bags (produced)—I found them in a doorway—there was something in them; I don't know what it was—I gave them in the same state to the constable—I went into the garden, and there found a pair of boots and a hat—I did not see the face of the man without a hat, only his back.
Cross-examined by Frith. You were underneath the wall when I first saw you, recovering from getting over—you were not so far up as the public-house—I was at the corner by the palings, not by the gardens, on the right-hand side.
THOMAS DYSON (Policeman B 268). About 2 o'clock on the morning of the 23rd I heard some one calling "Police!"—I went to Dalling's house, and was informed some one had broken in and stolen some property—I examined, and found the front and back door and windows open—the drawers were pulled open and the contents scattered about—I could not see any marks on the door—a desk was broken open—I got a ladder and examined the wall—Mr. Hewitt gave me these bags—I found they contained 139l. 7s. 3 1/2 d.—one of the prisoners was pointed out to me at the coffee-stall—I took him into custody and told him the charge—he said "Oh, it is all right; it was not me, it was the other man"—he was searched at the station, and 8d. was found on him—about 12.45 on that morning I saw Stainer, Wise, and Sheppard, and another man whom I could not recognise, standing at the corner of Sloane Square Station, about 80 yards from Dalling's house—they moved away—I again saw the two girls at 1.30, and when they saw me they moved away—at 2 o'clock I was informed of the burglary, and Frith was taken at 4 o'clock—I took
Stainer and the women at Liverpool—they had booked for Canada, and were going to sail—Frith had a hat when I took him into custody.
Cross-examined by Frith. After I had apprehended you gave me Stainer's address and a description of Wise.
By the JURY. Union Place is just at the back of Sloane Square Station.
EDWARD CLOUGH (Police Sergeant). On 6th July I went to Liverpool—Frith was in custody in London, and Stainer and the two women in custody at the Bridewell, Liverpool—I said to them "I am going to arrest you for being concerned with Frith in breaking and entering the dwelling-house of Mr. Dalling in London, and stealing about 250l. in money—they each said "That is wrong"—on the way to the station Sheppard said "I did not know he had committed the robbery, but he told me on board"—Stainer is not hear that, but he told me on board he had broken into a house and stolen the money—in the morning; he said "I have got 68l. 4s.; we had been to Plymouth, and stopped at Hatton's lodging-house," and that he had bought the boots and clothes and watch at Plymouth—I received two passage warrants for Quebec—there was a brown leather purse marked with the letter H, a wash-leather bag containing 12l. in gold, and an aluminium and chain.
LOUISA MCINTOSH . I live at 45, Queen Street, Blackfriars Road—on Saturday, 23rd June, about noon, Stainer, Wise, and Sheppard came and engaged my rooms, Stainer and the short woman as man and wife, and the other as a friend—he paid in advance—he said he had come from Australia; the women heard him—they had plenty of money—I saw a great quantity of sixpences, nothing else—he said he had thrown 200l. overboard, and that he had about 70l. or 80l. besides that with him—he went out with the women, and came back with a quantity of new clothing—they came about 11 o'clock, and were in and out during the day—on Saturday he slept with the short woman—he went out on the Sunday, and left on Monday morning about 10 or 11 o'clock, and never came back, and I heard no more of them—they left some property behind them—I read the account in the papers on the Monday week, and communicated with the police.
NOAH THORNTHWAITE (Detective). I received a telegram on the 2nd, and in consequence, on the 5th, went on board the steamer Parisian, lying in the Mersey—Stainer was on board—I told him he would be charged with the robbery—he said it was right—I searched him, and found the purse, chain, and other articles on him—there was a box of clothes—the girls were not there at this time—the second time I went he said in their presence "I gave a bag and 12l. to Wise"—I told her she would be charged, and she took the purse and this bag out of her breast and gave it to me—when I charged Wise with receiving the money knowing it to be stolen she said she was outside the house at the time Stainer was in the house, but she did not know he was committing a robbery—Sheppard said "I know nothing at all about it"—there was a passage to Quebec on each girl.
Frith in his defence stated that he had given the constable three or four addresses where he thought Stainer might be found, and also the addresses of the girls.
SHEPPARD— NOT GUILTY .
STAINER—GUILTY.— Five Years Penal Servitude.
WISE— GUILTY of receiving. — Twelve Months' Hard Labour. FRITH— GUILTY.— Judgment respited.
MR. GEOGHEGAN Prosecuted.
HARRIET BOAKES . I am in the service of the Rev. John Burton Norman, of Little Stanmore, near Edgware—about 9.30 on the night of the 26th June I saw the prisoner come to the schoolroom window—he asked me for protection, and said some woodmen were going to kill him—I told him to go away—he came back again to the same window—I shut the shutters—he kept asking for protection; I took no notice of him—I was outside the schoolroom door and heard a smash of glass—I went upstairs and cried for help, and Mann came to my assistance—I went out to the frost door and let him in—this tea kettle and stand (produced) were fronting the dining-room window, eight yards from it, on the sideboard—when I went in there was a pane of glass broken in the window, and the tea-kettle and stand had been moved from one side of the sideboard to the other—before I saw the prisoner these napkins were in the sideboard drawer; after the prisoner was held by Mann I saw them outside the drawer; there was some blood on them—the prisoner's hand was cut slightly.
ROBERT MANN . I live at Edgware, Burnt Oak—on the night of 26th June I heard cries for help, and in consequence went to Mr. Norman's house, and when I got up to it noticed that one of the windows was smashed—I did not see the prisoner, I only saw the cook upstairs—I spoke to her—I was going past again about 9.20, and heard screaming out of the window—I came hack and drove my horse and cart to the door, and in consequence of what the cook said I went round to the front of the house, where I saw a window broken—I heard some one in the house—I shouted "Police!" and the prisoner came out of the window directly after—when he got outside I said "Who is with you?"—he said "I am all alone"—I did not notice his hand.
CHARLES ARSCOTT (Inspector Metropolitan Police). On the night of 26th June I was called to the Vicarage, where I found the prisoner detained—I told him he would be charged with breaking and entering the dwelling-house—he said "All right, I am all alone"—I noticed his right hand, there was a cut and blood on it—the constable took him to the station.
WALTER ALEXANDER (Police Constable). I took the prisoner to the station—on the way he said "I asked the servant for protection and she refused me, so I broke the window and got in. I only did it for protection; wouldn't you, if somebody was going to murder you?"
NOT GUILTY .
MR. GEOGHEGAN Prosecuted.
SIMON LEITNER . I live at Saunders Road, Spitalfields, and am a porter—I was in Bishopsgate Street on the morning of 3rd July with a barrow, on which were 200 coats—I left the barrow in the street while I went into Mr. Bury's shop—when I came out a woman
spoke to me, and in consequence of what she said I looked at the barrow and found a bundle of 10 coats gone—I found it on the other side of the barrow; there were seven coats in it—Abrahams spoke to me—before I missed the coats the prisoner stopped near the barrow—I saw him brought back by the policeman—he had nothing with him—I did not see the coats again.
MORRIS ABRAHAMS . I am a tailor at 12, Saunders Street, Spitalfields—on the morning of 3rd July I was in Bishopsgate Street and saw Leitner with a barrow on which were coats—I saw the prisoner taking some coats off the barrow—I thought he belonged to the shop, but when I saw him run I ran after him—he dropped some coats on the road—the last he dropped was at Bishopsgate Street Station—he said "What do you want with me?"—I said "I want to lock you up because you have been stealing some coats from the barrow"—I could not see any constable—he took me in a small turning—I saw a constable and gave him in charge—he had run 20 yards or more from the barrow before I caught him.
Cross-examined. You did not walk away—you had some coats on your shoulder or your arm; I don't know how many—I had hold of you by your coat when we walked up to the constable—you might have chaffed me as we walked along.
LOUISA HAWKES . I was with my husband on this morning in Bishopsgate Street—I saw the prisoner come by me with the coats—I should not have known whether they were his or anybody else's till he dropped two or three and turned back and picked up one or two, and looked up into my face—he ran away.
Cross-examined. You dropped them nearly at my feet.
ROBERT GEAR (Policeman G 244). At 8.30 on the morning of 3rd July I was in Eldon Street, about a quarter of a mild from Bishopsgate Street Station, and saw Abrahams coming to me with the prisoner—Abrahams said the prisoner had stolen some coats off a barrow in Bishopsgate Street—they had no coats with them at the time—I told the prisoner he would have to go to the station with me, and on the way I took him to Mr. Bury's—eight coats had just been brought in—when I said "You will be charged with stealing the coats," the prisoner said "I only did it for a lark"—he was taken to the station and charged—he said "That is what larks come to"—Mr. Bury saw the coats and identified them.
Cross-examined. You did not volunteer to go back to the shop until I said I should take you to the station.
The Prisoner's Statement before the Magistrate. "I have nothing to say. Four of us were larking together. I acknowledge the coats were outside the place, and a bundle of them was knocked off the barrow."
GUILTY .— Twelve Months' Hard Labour.
OLD COURT.—Wednesday, August 1st, 1883.
Before Mr. Justice Williams.
MESSRS. POLAND and LLOYD Prosecuted; MESSRS. MONTAGU WILLIAMS and CAVENDISH BENTINCK Defended.
SARAH ANN BRIDER . I am the wife of John Charles Brider; he is a bricklayer—we have been living for some time at 21, Cottage Lane, City Road, with my daughter, Sarah Ann—she was 22 years of age on Monday, 18th June—she was working for De la Rue, the stationers', in Bunhill Row, for nine years and a half, and used to go day by day to her employment there—another daughter was living with us, younger than Sarah—the prisoner has been lodging with us a little over a year—he became acquainted with my daughter, and they were married at St. Luke's early in June—after the marriage they returned to 21, Cottage Lane, and both of them went to their employments—in the evening they both slept at our house, but not in the same room; they did not sleep in the same room at all after the marriage—they continued to go regularly to their respective employments—on Monday evening, the 18th, she came home about 8 o'clock, and brought a small parcel with her—she spoke a few words to me, and went out to meet her husband on Pentonville Hill—I think I have made a mistake about this; on the Monday the prisoner came home first—she went on business in the Hackney Road for her father, and she was late when she came in—she said she was very ill—the prisoner was there; he never attempted to go and meet her as usual—she went into the front parlour and sat in an arm-chair—he stood a few minutes when he heard her sobbing; he went in and pulled her out—I went in to him and told him he must not do that—he rushed past me and flew to the table-drawer—she heard the noise of the knives and she flew past me and flung her arms past her own neck and said, "He is either going to murder me or himself"—I begged of him to lay the knife down; he had taken a large carving-knife out of the drawer—I then felt faint and fell back in a chair—he fixed the carving-knife to her breast and said he would run it through her if she did not tell him where she had been—she said she had been to Fox's in the Bethnal Green Road to fetch some bark to gargle his throat—he then sat down on the sofa and cried bitterly—I cannot tell what became of the knife, whether he laid it down; I think it was placed in the drawer again by my daughter—she wanted me to give my word not to tell her father, and I did so—the prisoner said, "I am mad"—I said, "I think you are"—this was about half-past 9 to 10 o'clock—on Thursday, the 21st, they had been at work as usual during the day—the prisoner came home first between 8 and 9 o'clock, his usual time—he was very fidgety as she had not returned—he said, "I can't think where she has got to"—she came home about 9 o'clock, her usual time was 8—I am a little confused, I was thinking of the Monday; on the Thursday she came home at 8 o'clock; the prisoner was not there at that time—she laid a small parcel on the table and went to meet her husband—she was in the habit of going to meet him—she was away about an hour and a half—the prisoner came in about 9 o'clock while she was away—he asked if Sarah had returned—I said, "No, have you not seen her?"—he said, "Yes, coming down the hill, but she was walking in such an upright style I did not cross directly to her"—he said that no woman should master him, and he went out—he was perfectly sober—he was out about 20 minutes, and returned with my daughter—they both
Walked into the kitchen coolly and quietly—she left the kitchen hurriedly and rushed into her bedroom; that was the left-hand parlour—it is a double-fronted house—the parlour is on the same floor as the kitchen—the lock of the door springs twice; she sprang it twice; she shut the door, and locked it—that seemed to arouse the prisoner, and he rushed and burst the door open, and went into the room—I heard them talking very loudly—I did not hear what was said—I then went in—my daughter was sitting by the bedside crying very much—the prisoner was standing up—she held her hand up, and said "You will have something to answer for before your God"—he snapped his fingers in her face, and said "And so will you"—she said "You have called me a whore"—he said "I did not"—she repeated it a second time—he said nothing then, but he gave a jeering laugh—she then removed her seat, and sat on an ottoman at the foot of the bed—he said "I will stop you from going to De la Rue's"—I said "You can't, her character is too well known"—he said "We will see"—she said "You are cruel and unkind; oh, mother, you can't tell what I have had to go through; I wish I had taken your and Mr. Machonicie's advice; I will not live with him; did I ever tell you anything of James, mother?"—I said "No, that has been your fault"—I don't think he said anything then—she threw her hands away from him, and said "Go away from me, go away, I never want to see you any more"—she said to me, "Did you ever catch me out in one lie, mother, until I knew him?"—I said "No"—she was a most truthful child—he then sat down by the side of her, and begged of her to forgive him—he said "Pray forgive me, Sarah, do forgive me"—she said "I can never forgive you for the name that you called me"—she told him to go away, she never wished to see him any more—he said "Will you forgive me?"—she said "No, I can never forgive you for the name you called me"—he then moved his position from the front of the fireplace, and sat by her side—for one minute he seemed to sit still, and then in an instant I saw the poor creature on the floor, and he digging something into her—I thought it was his thumb, but she halloaed "He is murdering me, mother; he is murdering me"—I rushed and pulled him off by the hair of his head, and said "You villain, what are you at? what are you doing?"—he never spoke—he threw me over the bed, which injured my arm, and ran out at the door—my daughter got up and fell on her wound by the side of the bed—after I recovered consciousness, she threw up her head and said "Mother, I am dying"—I afterwards saw that she was wounded—I rushed to the water, but got a towel and wipe her face—I then rushed into the street and got assistance and spoke to the police, and a doctor saw her—I went with her in a cab to St. Bartholomew's Hospital—I was present when the police came and picked up the blade of a knife—it had blood on it—I did not see any knife in the prisoner's hand—I never saw this brown-handled knife till it was found by the police—he had a white-handled knife, this produced is it—I found this on Friday, 28th July, on the top of a safe, just outside the kitchen in a small lobby, I had to get a chair before I could reach it—it was shut up as it is now—I had seen the prisoner using that knife in his work, but I had lost sight of it for two months—I went to the hospital and saw my daughter there; I was there on the 23rd when the Magistrate came, and the inspector, and the prisoner was brought there—my daughter was sworn and her deposition was taken in my presence—she died on
the 24th about—these letters 10.30 in the evening—I know the prisoner's writing—these letters (produced) are his writing—he went to Liverpool on the first Monday after their marriage, I think on the 11th: "Euston Station. My dear Wife,—Through the trouble between your father and mother and I, I feel I can never live with them more. You and I must leave them soon, and to do so we want money. When you read what I am going to do, do not fret, as it will only make things worse. I am going down to Liverpool to see the solicitors, but shall come back late to-night. Dear Sarah, don't fret, but be quiet and let them all at home see how you can trust me. God knows that they have distrusted me, which is one of the things which has upset us. Dear Sarah, it is hard to go away from you, but it is for the best; rather let me be away from you one day than for ever. Dear Sarah, if you have not been examined to-day do not be so. I say again, it will make no difference between you and I. I am afraid the friendship between your mother and I is ended. Dear Sarah, it is strange, but before I married you I thought it would turn out like this; I shall always believe your mother knew you; but never mind, we shall both be happy when living alone. The fault is not yours. Dear Sarah, believe me, I love you with all my heart, although I have acted funny at times. Remember, allow no one to come between us. Dear Sarah, I cannot say more at present. I go at 9.30. Please not to go near Smith's. I shall telegraph to you when I arrive. Dear Sarah, believe me to be your ever loving husband, James K."—"From James Kelly, H. M. Prison, Clerkenwell, 24th June, 1883. My dear Wife,—I scarcely know how to write a few lines to you, I feel so wretched, and have such pains in my head that I have no power to think, so if I omit anything you must forgive me. Dear Sarah, before I say more, I must ask you to write and let me know how you are; tell me if you are getting better. Dear Sarah, I am so sorry and repent to the utmost for what I have done, and I want you to write and say that you forgive me and love me still. I love you, dear girl, and I never meant to stab you as I sat by you asking you to forgive me and you answered no. I took out my penknife and meant to frighten you, but something seemed to come over me and I went mad and stabbed you. Dear Sarah, we have both been mistaken; I thought you did not love me, and you seemed to be sure that I did not love you. Dear Sarah, if it had been so, would not I have taken the opportunity to leave you when you told me to go? but, no, I could not leave you, Sarah. I loved you too much, and you drove me mad. Dear Sarah, I shall be tried next Wednesday. I shall not mention your faults, not even to save myself; you are too good for the world to know you. My dear Sarah, if you had trusted me and given way to me for a few days I feel sure this awful affair would not have happened. Dear Sarah, I am obliged to finish my letter now as I am wanted at Court. So goodbye for the present. Believe me to be, my dear wife, your ever loving and affectionate, but unfortunate, husband, James Kelly. ******** P.S. Dear Wife,—Please send Mr. Stan ton to me; I should so like to see him, and also your father." Envelope addressed, "Mrs. Sarah Kelly, Bartholomew Hospital."—"From James Kelly, H. M. Prison, Clerkenwell, 9th July, 1883. Dear Mrs. Brider,—I feel I must write to yourself to say that I forgive you from my heart for any words you have said or anything you have
done to satisfy yourself, and as you thought my poor wife Sarah, but which to me did and has made me unhappy. I know I have been very gay and reckless, but for what I have done to my dear wife I can say truthfully I never have or wished to ruin any girl's life. My dear Sarah and I had many troubles, and although I was a stranger and at liberty to do and go as I pleaded, my love for your daughter was such that I could not leave her. Dear Mrs. Brider, concerning my darling's illness, I did often ask Sarah to go to a doctor for her own sake, but she would not. I got wild and asked her to speak to you, which she did; then after Mr. Brider spoke to me, and I said more than I wished about Sarah because I thought you had deceived me at the risk of making Sarah unhappy. I always felt more for her than myself on that point, and I never did or would allow myself to think that it was her own fault (I shall say no more), but I can see now I had not the sense to inquire in a quiet and proper manner, because I was out of my mind. I had no one to comfort or advise me, not even my only love Sarah. My dear wife seemed to me like a dead person, she either could or would not speak. I cannot say more, as I wish you to get this to-night, Tuesday. I should much like to know how you are all getting on. I have seen my solicitor this afternoon, but I would give no statement, as I wish to hear from you first. Please write soon. I hope that you and Mr. Brider and all at home will accept my best wishes for your happiness, because I sincerely wish it. I remain, Mrs. Brider, your forgiving but unfortunate son-in-law, James Kelly. P.S.—You have been much mistaken in me concerning a certain thing." Envelope addressed. "Mrs. Brider, 21, Cottage Lane, City Road, London." "From James Kelly, H.M. Prison, Clerkenwell, 13th July, 1883. Dear Mrs. Brider,—If it would not be asking you too much, I should much like to speak to you privately here; (if you will) please say when you can come. If you are going to the Clerkenwell Court to-morrow, I should thank you much if you would bring with you those slippers dear Sarah worked for me. Please send them to me in my cell. Hoping that you and all at home are bearing up, I remain yours sincerely, James Kelly. P.S.—Dear Mrs. Brider,—I am terribly afraid I shall have to tell all I know, but if you come and tell me any words my dear wife said which will comfort me, I will, with God's help, do what I think is right. I feel I would rather die than say a word against poor Sarah and cause you more trouble. I cry often and say to myself 'What shall I do? is there nothing to save me, and shall I have to tell all?' I have seen the solicitor again this afternoon, but I will not write out my defence till I have seen you. As you know, I gave poor Titty 10l., which she put in the bank, and as I shall want all the monies as I can get I am asking my solicitor to get it. I should be very thankful for a letter from you, so good-bye from your sincere but unfortunate son-in-law, James Kelly." My daughter never got the letter of 24th June; it came to my house—she had nothing the matter with her so far as I know—before Christmas the prisoner told me that he had the upholsterer's itch, and he had medicine and ointment—he had a great many marks round the hips and between the fingers; I did not particularly notice his throat—on one occasion I saw things in his bedroom that were used for an immoral purpose, a syringe, a small phial, and ointment, with directions—a lodger slept in the room, but never washed there—I used the washstand—the prisoner spoke to me about those things—I can't tell the
exact words he used, but he said he hoped I did not think they were his—I said I had not seen them there before.
Cross-examined. My daughter was 22, and the prisoner is 23—they were married on 4th June—she had always been an excellent daughter to me, a truthful, pious girl, a thoroughly good living girl; she was very reserved, she never spoke to a person in the street—she had never misconducted herself in any way—she had not given him the slightest provocation on this day, nor on any occasion; she was always modest and proper, and was very fond of him—when she begged me not to tell her father, the prisoner cried bitterly, and begged me to forgive him—he was perfectly sober on the Thursday—he was a strictly sober man—there is not the smallest suggestion for saying that she kept bad company with girls, or anything of the kind—her church was her God—the prisoner is a Liverpool man—he went to Liverpool to get some money from some solicitors; he was entitled to a share in a ship—he complained very much at one time of an abscess in the head, and running at the ears very badly—I had known him about 13 or 14 months before the marriage—he has been very different since Christmas last—he was very much beloved by the whole family until that time—he had conducted himself very properly till after his return from Liverpool; after he came back he said his head was very bad—he continued to complain of that up to this day.
FORBES JAMES (Policeman G 260). On the evening of 21st June I went to 21, Cottage Lane, and there found the prisoner and Mrs. Brider, the deceased, and Jones 166—the deceased was sitting on a chair, attended by the doctor—I said "What is the matter?"—Mrs. Brider said "My daughter has been stabbed"—I looked on the floor by the bottom of the bedstead and found this part of a knife; the large blade was deficient—I held the knife up and said "What is this?"—Mrs. Brider said "That is what the villain must have used"—the knife was covered with blood, and on the floor close by there was a pool of blood—the prisoner said "I don't know what I am about, I must be mad"—I made a further search, and found this blade close by where I had found the handle—I said to the prisoner "I shall have to take you into custody on the charge of stabbing your wife"—he made no reply—I took him to the station.
THOMAS MAYNARD (Police Inspector G). About 10 o'clock on the night of 21st June I saw the prisoner at the police-station in Old Street—I noticed blood on his hands, and also on his shirt front—the last witness handed me the knife and blade, and I saw blood on them—the prisoner seemed very calm and collected—he did not pay anything; he was perfectly sober—I went to the hospital, and returned to the station and charged him with stabbing his wife with intent to murder—the charge was read to him—he made no reply—on the 23rd June I took him to the hospital, and the Magistrate was there, and took the deceased's deposition—she was sworn, and her evidence was taken in the usual way—the prisoner had an opportunity of cross-examining her, and he did ask her questions—the deposition was read over to her, and she put her cross to it. (The deposition was read as follows: "The man now present, the prisoner, is my husband. The night before last he stabbed me. I was sitting over in the back room. I am so insensible I cannot remember much. We had a few words about some boots, and he told me he would pay me when he got me home. I did not have time to make him an answer in the kitchen. He got the knife out of his pocket, and he
stuck it into me two or three times. We had the words about the boots in the street, and we came home together. The kitchen and the back room are the same room. We were not 10 minutes in the house before it happened. I cannot remember the words he used at the time. The knife stuck in my throat two or three times. This is the third time he has threatened my life, and this time he stabbed me. I told him in the street I would not live with him, and he said, 'When we get home we'll see.' I did not see the knife at all.
Cross-examined by the Prisoner. You did stab me two or three times. My mother was there too. You asked me to forgive you, and you told me you would let me see when you got me home.
Re-examined. He did not say he would stab me when he got me home.")
FREDERICK ALFRED HAMMOND . I am a coachman, and live at 17, Old Ford Road—about 9 o'clock on the evening of 21st June I was in the City Road walking towards Cottage Lane, and saw the prisoner just by Duncan Terrace; be was alone—he came across and met a young woman—he said to her "You b—cow, I will give you something for walking Upper Street when I get you home"—she said "No you won't," and ran across the road; he ran after her and caught her at the corner of Old Street—I followed them; I was going the same way—I saw them go in to 21, Cottage Lane—I went on home.
HUGH RAYNER . I am house-surgeon at Bartholomew's Hospital—I attended to the deceased when she was brought there at half-past 10 at night—she was in a state of collapse, and in a dangerous state—she had a wound about two inches below the left ear—she died on the 24th, at half-past 10 at night—I made a post-mortem examination—the wound was about three inches deep, it nearly divided the spinal cord; it was just such a wound as might have been inflicted by a stab with this blade—it passed between the cervical vertebra—considerable violence must have been used—she died from the injury.
The Prisoner's Statement before the Magistrate. "I can say that I did it in my madness; I did not know what I was doing, I was led to do it by certain things that was said and done. I loved my wife and I love her still; she had many faults which I was not going to mention for my wife's sake, and as I had caused great trouble in the family I did not wish to cause more. I shall tell all now, as I can see a great many lies have been told, and a false witness brought up. That is all I have to say."
OLIVER TREADWELL . I am assistant surgeon to Her Majesty's prison, Clerkenwell—the prisoner was in that prison from 22nd June up to the present time—I have seen him from time to time about three or four times a week—during the whole of the time I have seen him he has always conducted himself as a rational and sane man—I have not noticed any symptoms of insanity about him.
Cross-examined. I have had conversation with him for five or ten minutes at a time; I never heard till to-day of his suffering from abscess in the head—an abscess in the head before bursting might probably cause pain—I suppose in the interior is meant—a running abscess might discharge through the ear if in that region.
Q. In your opinion might it temporarily affect the brain at times? A. It depends upon the position of the abscess, and whether it is acute or chronic.
GUILTT.—Recommended to mercy by the Jury. — DEATH .
GUILTY .— Ten Years' Penal Servitude.
MR. LILLEY Prosecuted.
NOT GUILTY .
NEW COURT.—Wednesday, August 1st, 1883.
Before Mr. Recorder.
728. EDWARD LINDSAY (52) to unlawfully making a false entry in a book belonging to his masters, with intent to defraud, also to two indictments for embezzling 46l., 23l., 23l., and 10l. of his masters.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. GEOGHEGAK Prosecuted; MR. HICKS Defended.
After the commencement of the case the RECORDER, considering that the facts, if proved, would not amount to a false pretence, directed a verdict of
NOT GUILTY .
730. WILLIAM ROBINSON (35), HARRY NELSON (22), EDWIN POOLE (24), and RICHARD HARRINGTON (31) , Burglary in the dwelling-house of John Mayne Palmar, and stealing two coats and other articles his property.
MR. PELLEW Prosecuted.
EDWARD BURDEN (Policeman Y 238). On 30th June, about 1.45 a.m., I was on duty in Finsbury Park—I examined the prosecutor's front door and found an indentation near the keyhole—I listened and heard somebody inside—I went to the signal point, got two constables who went to the back while I went to the front and got further assistance—I then forced the scullery door, went in, and met Robinson on the landing—Berry took him—we found Poole in a wardrobe in the first floor front room, Nelson under the bed, and Harrington behind a mattress on the second floor, who said "It is a fair bet, we will come quietly"—the front door had been forced, and this jemmy, which fits the marks, was found by the door—this cloak, two coats, vest, and jacket were in the front lying on a strap ready to be buckled.
Cross-examined by Robinson. There was a severe thunderstorm that night, and it rained very hard—I made a noise; we had to kick a panel in.
JOHN MAYNE PALMER . I live at 13, Oxford Road, Finsbury Park—I left home on the 25th, and my daughter on 28th June, leaving the house unoccupied—I saw these things safe a day or two before I left home—one of the coats was hanging in the hall—I afterwards found the front door forced.
Robinson's Defence. I missed the last train at Stroud Green, and saw this gate open; several persons were smoking in the passage; I thought it was an empty house, and sat down on the stairs.
Nelson's Defence. I met two of the prisoners, and we missed our road, and coming along Oxford Road we saw a door open, and one of them said, "Let us go in here," We went in, and shut the door and went to sleep.
GUILTY . ROBISON and POOLE†— Nine Months' Hard Labour each.
NELSON and HARRINGTON— Six Months' Hard labour each.
MR. GRIFFITHS Prosecuted; MR. CULPEPPER Defended.
HELENA FRANCES GOULD . I Live at Chelsea—on Saturday, 7th July, about 12.30 a.m., I was in the King's Road—I met Mr. Rook and his sister—I spoke to him and the prisoner, and another man came up to him and struck him on his mouth and eye; his eye bled—he turned to pick up his hat, and then the prisoner struck me on my eye and knocked me down—Mr. Rook picked me up and pursued the other man, and while he was away the prisoner came and knocked me down again, kicked me on my hip, and broke some keys in my pocket—I was kicked several times on both sides, my eye was bruised, and I have not got rid of the marks yet, though it is a month ago—I suffered great pain for a fortnight—I thought my rib was broken—! missed my watch, which was loose in my bosom, and a necklet of pearls and rubies fastened by a gold snap, which I was wearing as a bracelet—two women came up, one of whom lent Mr. Rook a handkerchief, with which he wiped the blood from my face—I saw my watch and bracelet safe a quarter of an hour before; in fact, Mr. Rook spoke to me about them.
Cross-examined. The prisoner hit Mr. Rook first—Mr. Rook did not hit him again—this was at 12 o'clock at night—it was not a dark night—the prisoner came back to me momentarily, and must have passed Mr. Rook—I did not know his face, but am certain of him—I have not seen my watch and bracelet since—I had taken the chain off my watch when Mr. Rook's sister came for me—I found two buttons of my dress undone—the prisoner ran away, but he stumbled and was caught.
Re-examined. My watch was worth 3l.—the bracelet was gold and jewelled, and was a heirloom in my mother's family.
THOMAS ROOK . I am a curator of the National Gallery, and live at 25, Smith Street, Chelsea—early on the morning of July 7th I was with my sister in the King's Road—we met Mrs. Gould, and I stood talking to her two or three minutes while my sister went on—the prisoner and another man came up—I turned round, and the prisoner struck me on my face—my hat fell off; I walked backwards two or three yards to pick it up, watching them, and saw the prisoner knock Mrs. Gould down—I picked her up, and they both disappeared—I was almost stunned, but I pursued the other man, who went across the street—the prisoner must have kept at my right side, for as I came back he attempted to cross the
street; his foot slipped and he fell, and I and a young man there were upon him, and a policeman took him in charge—Mrs. Gould was calling "Stop thief" when he fell—she could scarcely stand—I had asked her the time that evening, and she took out her watch, and I think she said it was 11.25, and I saw her bracelet as well.
Cross-examined. I heard the prisoner strike the blow, and there was no one else there to do it—I don't believe the prisoner went 10 yards away; I did not see where he went to—I did not see him stop or turn—he was close to Mrs. Gould all the time.
JOSEPH ALLEN (Policeman B 122). I was on duty, heard someone cry "Stop thief," and saw the prisoner running from King's Road into Radley Street, where he fell, and got up and started to run again, but I took him—Mr. Rook and Mrs. Gould came up within two seconds, and Mrs. Gould said, "I charge that man with assaulting me and stealing my watch"—he tried to slip through his jacket, and was very violent all the way to the station; I was obliged to call assistance; he threw me on my back and kicked me.
GUILTY .— Eighteen Months' Hard Labour and 25 strokes with the eat.
THIRD COURT.—Wednesday, August 1st, 1883.
Before Mr. Common Serjeant.
MR. PURCELL Prosecuted; MR. THORNE COLE Defended.
JOHANNAH MOSES . I am the wife of Hirsch Moses, of 12, White's Row, Whitechapel, bootmaker—between 1 and 2 a.m., on May 20, I was in bed, and was woke up—I saw a man standing before my wardrobe taking out two watches, some chains, and a money-box with money, and some loose money—the window was open—thirty pairs of boots had been taken out before—the man escaped out of the house, and was afterwards caught and tried. (See page 327)—I missed a watch and chain, thirty pairs of shoes, and a money-box with money; the other watch he threw away, and I got it back—everything has been recovered—the man got in through the window—he broke the lock, and tried to break the door, but could not—the window was shut when I went to bed—I found new marks on it, as if the catch had been put back with a knife.
Cross-examined. The man who escaped from the house, dropped a watch and chain and loose money—the police caught him outside, and he has been convicted.
GEORGE PALMER (Policeman K 176). About 12.30 a m., on May 20, I was in White's Row, Bethnal Green—I saw Henry Morris and the prisoner and another man there, standing and talking opposite the prosecutor's house—I said to them "It is getting late, now get away home"—neither answered—about 1.15 I saw them all three together in the same place, about thirty yards from me—about 2 o'clock I heard cries of "police!" and saw the same three men come out of a wicket gate at the rear of the prosecutor's house—I ran after them; in their flight they dropped thirty pairs of boots, all in boxes, the same as these (produced), a watch and chain, about 12,s. 6d. in money, and the prisoner
dropped this children's money-box as he ran down Short Street—I found the money in the adjoining yards on the way he ran—on 26th June I was in Court, the prisoner was called as a witness in the trial of morris-after giving evidence he was taken into custody, and told he would be arrested for being concerned with the other man, and he said "I am in it, then"—he said that outside the court.
Cross-examined. The prisoner gave his evidence for Morris at the police-court on one occasion—Morris was committed and tried here on 26th June—Thick and I took the prisoner after he had given his evidence—the Colleen Bawn beershop is opposite Mr. Moses's place.
WILLIAM THICK (Police Serjeant H). I was here on 26th June, at Morris's trial—the prisoner was called as a witness for Morris—after he had giver his evidence I took him into custody by order of the Judge—I left him with the constable.
Cross-examined. I was engaged in Morris's case—I don't know whether any other man besides Morris and the prisoner was taken up with regard to this robbery.
GEORGE PALMER (Re-examined by MR. COLE). Timothy Sculley was arrested on 28th June by Kitchener—I was present at the police-court when a charge of burglary was made against him before Mr. Bushby—I gave evidence, and swore that Sculley was one of the three men—Mr. Bush by dismissed the case.
By MR. PURCELL. I was the only witness against sculley—witnesses were called for him, and on hearing them the case was dismissed.
By the COURT. I saw the prisoner's face three times—I did not take him into custody before, because I thought they might think I was preiced if I knew him.
JOHANNA H. MOSES (Re-examined by MR. PURCELL). This little money-box is my property—it was locked in the wardrobe at which I saw the man standing—I did not see his face—I could not recognise him again, he moved too quickly.
MR. HOFFMEISIER Prosecuted.
JOHN CORRIE . I am a salesman at David Evans and Co., 1, Wood Street—this silk (produced) is their property—on 4th July, at 1 o'clock, it was in one of the fixtures in the warehouse—about 1.15 I met the prisoner there; to the best of my belief he came downstairs, and went to the head of the stairs—I did not see him again till I saw him at the police-court—I took no particular notice of him; we often have people applying for situations—he had a slight beard and whiskers—the silk is worth 15l. 10s. 5d.
Cross-examined. I did not tell the Lord Mayor anything about what you had on—nobody was with me when I first saw you—a gentleman passed just after I spoke to you—you walked down to the head of the stairs—I did not see you with anything in your hand on Monday—there are two swing doors in Wood Street to this place—I did not see you go in—I did not see you between that morning and the Friday—I did not see you when you were arrested.
Re-examined. The other man was one of our salesmen—we did not
miss the silk till it was brought into our warehouse by the detective on the Friday.
GEORGE HORN . I am porter to David Evans and Co., silk merchants, Wood Street, Cheapside—on Thursday, July 5th, I was in the ware-house and saw the prisoner going out with a parcel under his right arm—I followed him into Cow, Hill's place, Bread Street—I passed the door and saw him standing on the staircase—I stood there and looked up the stairs, and he looked me full in the face—I stayed at the side of the door till he came out without the parcel, folding up a piece of blue paper, as if he had just got the parcel signed for—I went back to our place, made inquiries, and this parcel was missed—it was brought in by Detective Potts on Friday, the 6th—I gave a description to Potts of the man I had seen—he had a little whisker and a dirty chin—I had seen him at Messrs. Evans's before; he had often applied there for a situation as porter—I am sure he is the man.
Cross-examined. You had a rather dark-looking brown coat on—nobody else was there—there is only one door to Cow, Hill's place—you did not have a pea jacket—I did not stop the man and take the parcel from him because I only saw you leaving with it, and you had been going in and out for two or three years.
Re-examined. He was in Cow Hill's place for three or four minutes.
CHARLOTTE FURLONG . I am a machinist at Cow, Hill, and Co, 66, Bread Street, Cheapside—on Thursday, 5th July, just before 2 o'clock, I met the prisoner on the 5th staircase with a parcel done up in brown paper under his right arm—I asked him what he wanted; he made no reply, but went downstairs as he saw me coming down—a parcel was afterwards found on the fourth staircase and brought to me—he had on a short jacket and round hat, and he had a slight beard.
Cross-examined. I never mentioned a pea-jacket before the Lord Mayor—I said the man had on a dark Tweed jacket and had a slight beard—I said you were the man to the best of my belief.
JANE MEAD . I am a button-hole hand at Messrs. Cow, Hill, and Co.'s—on 5th July, about 2.15, as I was going upstairs I found a parcel at the bottom of the cupboard on the fourth floor—anybody going up or down stairs would have to pass that cupboard—I took it down and gave it to Miss Furlong.
WILLIAM POTTS (City Detective 497). On Thursday, 5th July, I received information and a description, and on the following Monday saw the prisoner in Gutter Lane—I said "Do you want a job?"—he turned round, looked me full in the face, looked down, and said "No, Sir"—I said "Do you know David Evans's, silk merchants' firm, No. 1, Wood Street?"—he said "No"—I said "You were there on the 5th, last Thursday"—he said "No, I was never there, and I don't know where No. 1, Wood Street is"—I told him he would have to go with me to the firm—the head packer was with me—going up Wood Street I said "That is David Evans's," when I was within seven or eight yards of No. 1, pointing to the house—he said he was never in the house before, and repeated it a third time—before we got to the premises I saw Horn at the door, who nodded his head to me, signifying that that was the man, and when we got to the door I asked Horn if this was the man—he said "Yes"—I asked him if he was sure, and be said "Yes, I have known the man coming into our warehouse for two or
three years for a porter's situation"—I took him to the station, searched him, and found this piece of blue paper, which Horn identified as that which the prisoner was folding up as he came down the staircase; also this large sheet of brown paper and some other pieces of paper, and this piece of rag was wrapped round to form an apron, under his waistcoat—when I took him in custody his whiskers were thick and dirty with a fortnight's growth, and he had a clean turndown collar and blue tie; but when before the Lord Mayor he had had a clean shave, and a wrapper was round his neck as it is now.
Cross-examined. Where I met you on the Monday was in the next street, 60 yards from where the property was stolen—I asked you to produce all the property you had on you—I did not ask if you had any pawn tickets on you—you refused your address, and said your wife was stopping with her parents at St. Albans, but you did not know the name of the street or house—at the station I offered the porter a pinch of muff; I did not give a sly glance and nod my head to him, as if to say "That is the man"—I found no pawn tickets on you.
The prisoner, in his defence denied all knowledge of the parcel, and stated that he had finished seven years' penal servitude in December, and that he could not therefore have hen in and out of the warehouse for the last three or four years.
MR. GREENFIELD Prosecuted.
JOHN WALTER HYAM . I keep a boarding-house at 117, St. George's Street East—I found prisoner talking to my wife there on 6th July, when I came home—I had known him before—he said "I am not like other sailors what owe you money, I am an honest man come to pay you part of it back at any rate"—he owed me 2l. 10s.—I said "Have you shipped, then?"—he said "Yes, here is my note" (produced)—I said "when is it signed?" he said "This morning"—I said "Where?" he said "At Tower Hill"—I took it and looked at it—he said "I only want 10s., you can take 30s. off the 2l. 10s. I owe you"—I said "When is the ship going away?" he said "To-morrow morning, from the Surrey Commercial Docks, at 7 o'clock"—I said "Wait here a minute"—he sat down; I went next door and fetched Mr. Harris, who does a large business in discounting these notes—he looked at it and said "This is wrong," and walked into his own public-house again—I put the note in my pocket and said "Now you had better go about your business; you must lose your 10s., I will keep this for my 2l. 10s."—he said "There is my brother-in-law outside, he will prove that I shipped in the vessel"—I went outside with him, and just at the door was a man he represented as his brother-in-law—I said to the prisoner "Don't you speak a word, don't you say anything;" and I said to his brother-in-law "Did he ship in the Siberian "to-day?"—that was a different ship altogether to the one on the note—he said "Yes he did"—I said "Now I know it is a forgery"—the prisoner said "I must have the note, I am going on board at 7 o'clock to-morrow"—I said "I tell you what I will do; give me
your brother-in-law's address, and if I get the money I will forward the 10s. to him, and take the 30s. off the account"—he said "I want the 10s. myself, I have got to go aboard the ship to-morrow morning, and I must have it"—I put it into my pocket and went into Mr. Harris's and had a glass of ale—I stopped there about 10 minutes, and when I came out he was there still, and would not go away—we had some words—I said "If you will not go away I will lock you up"—he said that I did not dare to lock him up, and at last I gave him in charge—he said after he was in custody "Think of my wife and children"—I said "You did not think of mine when you robbed me of 2l. 10s. last time—he said he did sign in the Ibex on the 28th June, and "I got that note on 28th June, but I did not alter it"—it appears he joined her and had left her—the date on the note had been altered from June to July—if I had not noticed that I should have given him the money, I dare say.
Cross-examined by the Prisoner. The inspector said he did not want to have anything to do with seamen's allotment notes, and did not want to take the charge—I did not say I could get a bushel of them if I wanted to—if the note was correct, and you had proceeded in the ship, I could have obtained the money on it from the owners after putting my name on it—my name is not on it—when you sign at the shipping office the clerk asks who you wish the note made payable to, or it can be left open—a name would have to be put on before the money could be obtained; you would be the person to write the name on, you did not do so—you did not say in my presence that you joined the Ibex and sailed in her, and left her at Burnt Island—it is not unusual for sailors and firemen when discharged to go and sign on again in a different name—when you joined the Ferncliff you asked me to cash the previous note, which was genuine—we went to Cowen's, and you bought some clothes, and he cashed it, and I stood security for you—when I found you did not go in the ship I gave Co when the 2l. 10s., and took the note back, and have held it since—I gave him the money for it 15 days afterwards—I should not have moved in this matter but for that previous note; I was not going to be done a second time—you told me in my house that you had joined the Ibex and sailed in her—I did not tell the Magistrate, to my knowledge, that it was a forged order—I have known you as a fireman 18 months or two years; you go to sea about a month and then hang about for a month—I never heard anything against you—you got two pants and a jacket and 15s. on the first note from the Ferncliff.
Re-examined. The date of the first note was not altered; the date of the second was from 28th June to 6th July—if it had been 28th June I should have known the ship had been at sea 10 or 11 days; as it was 6th July I thought it was in dock.
CHARLES EMMERSON (Policeman H 341). On 6th July Hyam gave the prisoner into my custody for forging this note by altering the date—I told the prisoner he would have to go with me to the station; he made no reply—on the why he turned round to Hyam and said "It will do you no good you locking me up, as I have a wile and family"—I asked his address, he said 31, London Street, and afterwards he gave the name and address of George Barrett, 81, Rope Walk Fields, Lambeth—there are such places as that and 31, London Street.
Cross-examined. The inspector did rot want to take the charge, and the prosecutor said "I could buy a bushel of these notes any day"—I
heard your wife and family lived at 81, Hope Walk Fields—your right name is George Barrett.
JOHN NAMBEY . I am a shipping clerk, of 3, Tredegar Square, Bow—I wrote the body of this note on 28th June—it is a seaman's allotment note for the Ibex, on a voyage to the Baltic, dated London, 6th July, 1883—it was 28th June when I issued it to George Williams—it says "15 days after date pay the sum of 2l., part of the wages of George Williams, engaged to serve as fireman in the above-named ship," and is drawn on Messrs. Jackson Brothers and Co., 6, Crosbie Square, E.C.—when I had drawn it up it was signed by the captain of the Ibex, and at that same time by George Williams—I cannot swear that the prisoner is the man—the ship would probably sail that day or the next—these notes are issued the day the man is signing articles—the alteration of the date is so visible I should say no one would cash the note—I imagine the Ibex would sail the next morning; I do not know; these steamers that go round the coast to Burnt Island invariably sail next day—these notes are generally cashed the very day they are issued by the boarding-house keeper or clothier—it would not be in accordance with the usual practice to alter it from the 28th to the 6th.
Cross-examined. It does not say who it is in favour of—sometimes they are left open—you would have to put in the name of the person whom you required to cash it—I cannot say if any engineers signed, the day you did; I did not see the articles at the police-court—I don't profess to be an expert in writing.
Re-examined. Putting aside the alterations the note is still a negotiable instrument, but I knew directly that the date had been altered.
ALFRED THAYER . I am a clerk in the Seamen's Registry Office, 12, Basinghall Street—I produce the articles of the Ibex signed on 28th June—there is a signature of C. Williams—the voyage would commence on 29th June—I do not know when she sailed—he went with the ship to Burnt Island, and deserted on 2nd July.
Cross-examined. I have here the names of the engineers that joined her in Burnt Island—it is true that the chief engineer was Hamilton, and that Murphy and two foreign firemen signed the same day.
The Prisoner's Statement before the Magistrate. "I can prove the note is mine. I went in the boat and left her in Burnt Island. Three of us left her there. I came up in the Leith boat. The superintendent can prove I am the man."
The prisoner in his defence stated that he signed in the Ibex on 28th June, and went in the ship to Burnt Island, where he left because of the foreigners on board; that he came to London and got the note, which he had left with his wife, and tried to obtain money on it from Hyam, who could not have cashed it until his name was upon it; and he contended that the only fault he had committed was that of signing in the name of Williams, which name he had assumed because he had lost his passage in the Ferncliff, and thought the Board of Trade would punish him.
GUILTY of uttering. — Six Months' Hard Labour.
736. WILLIAM CARVOSSO (40) , Stealing on 30th June 72lb. of wool, on 5th July 84lb., and on 13th July 84lb., the goods of Henry Southall, his master, and MICHAEL WOOLF (42) , Feloniously receiving the same, to which
CARVOSSO PLEADED GUILTY .
MR. RIBTON Prosecuted; MR. THORNE COLE defended Woolf.
HENRY SOUTHALL . I am one of the firm of McGlew and Co., wool brokers, 92 and 94, Wool Exchange—our sample room is No. 130—Carvosso was our porter—Detective Wright came to me about the 24th, and in consequence of what he said I gave Carvosso in charge—at first he denied all knowledge of it; afterwards when the detective came again on the Tuesday he admitted having picked some wool up in the street and mixed it with some of our samples and sent it away—our sample room is above the office, and the practice is to send out parcels through the office unless they are very large, when they would go through the sample room—packages ought always to have been signed for in the sample took, which was kept in the sample office—Carvosso had no authority to send wool to Woolf's place of business—we never sent a parcel to my knowledge to the London Parcels Delivery Company—I had no knowledge of Woolf.
Cross-examined. We purchase wool largely, and it is stored in different warehouses in the London Docks, and in our sales it is removed from the docks to the railway companies for delivery to the different customers—the samples are brought to 92 and 94, Wool Exchange—Carvosso has been in our employment a little over five years I think—the pure wool as it is sent from the London Docks is pressed into bales weighing from 3 1/2 cwt. to 4 cwt. a bale.
Re-examined. The samples would weigh from 3 to 5 or 6lb.—at times there would be a considerable number in the sample room—the price per pound is from 11d. to 1s. for the wool mixed up with what we call refuse—it is the surplus wool.
By MR. COLE. The price of pure good wool at the present time varies from 2 1/2 d. to 4s. per pound.
HENRY HIPSON . I live at Herring Court, Bed Cross Street, and am in Mr. Southall's employ—on 30th June Carvosso gave me a bale of wool out of McGlew's sample room on the second floor of the Wool Exchange, and said "Take it to the Moorgate Street booking-office, and I will meet you"—he met me in the street and gave me 6d. for my trouble—I left the parcel at Mr. Kate's, in Moorgate Street—the same thing happened on three occasions, 30th June and 5th and 13th July—he gave me the packet of wool on each occasion at the same place from McGlew's sample room, and I was to take it to the same place, and he gave me 6d.—it was about 9.30 or 10 a.m. on two occasions—he opened the door and handed it to me.
Cross-examined. I have known McGlew's firm some years—I had not acted as porter and carried bales and parcels from McGlew's place before.
EDWARD THOMAS WILLIAMS . I am shopman at 31, Moorgate Street, the booking-office of the London Parcels Delivery Company—on the 30th June, Hipson brought a bag of wool there, and afterwards Carvosso came and put on it a label with the address Woolf, of Shadwell, and I believe Cable Street—the same thing happened on the 5th and 13th July—I handed the bags over in due course to the carman of the Company, Sharp.
Cross-examined. I had seen Carvosso and Hipson for years before—on
the 30th June the bag was left at 10.30 or 11—I think Carvosso addressed it in my presence—I made an entry of the address into my book—the book is not here, it is in use—I entered: "Woolf of Shad well"—this is a copy of the entry from the book—I have been there 22 years—we average about 800 packages a week.
Re-examined. I did not see Carvosso write the address on the card; I saw the card afterwards with it on—I am certain it had Woolf of Shadwell on it—it is the same Company as the one in Rolls Buildings.
FREDERICK GILPIN . I am carman to the London Parcels Delivery Company, Bolls Buildings, Fetter Lane—I received at our chief office, Rolls Buildings, Fetter Lane, and delivered a bag of wool directed to Mr. Woolf, 348, Cable Street, on 14th June—on 16th June I received another, which I delivered to Woolf the same day—on the 22nd a third; then also on 30th June, and July 5th and 13th, eight deliveries altogether—I saw Woolf in the shop twice—it is a marine store dealer's—he was sent for, and signed two of the delivery notes, 30th June and 13th July—I did not see them signed, because a person might take a delivery sheet in the parlour and sign it—the 5th July is signed "H. Lay ton"—a female in the shop signed that—Woolf was not there—he took tie sheets on 30th June and 13th July into the place, and brought them out signed—I saw him sign the 30th in the shop.
Cross-examined. The entry in the dark portion of the waybill "No. 47 "refers to the receiving office—I did not Know what was in the bags—I got them in the ordinary course of business from Moorgate Street, and took them to the marine store dealer's shop.
WILLIAM HUTT (City Detective 413). At 9.20, on June 30, I saw Carvosso come out of the Wool Exchange, speak to Hipson, and take Hipson in shortly afterwards, and I saw Hipson come out with a bag on his back—Hollowed him—he went to Rate's booking-office, in Moorgate Street—Carvosso remained in the Wool Exchange for a short time—the porter waited in Moorgate Street, and Carvosso came and paid him some money, and I followed him back to McGlew's office—I marked the bag, which was on the pavement at the parcels delivery office before it was put into the van to go the head office at Bolls Buildings—I marked it in red ink, similar to these other bags—the bag of the 30th June was not found—on 5th July I saw Carvosso come out, and take Hipson into the Wool Exchange—Hipson came out of the second-floor with a bag on his shoulder, which he took to the same booking-office, and left it there—this is the bag I marked on the second occasion in the street—on 13th July the same thing happened—I marked that bag—it has not been found—I afterwards saw the three bags delivered at 348, Cable Street, on the afternoon of each day—the bags were all this size, and were sewn along—they were quite full, and between the strings I could see the wool—I had one weighed, it weighed 2 quarters 16 pounds—the other two might, have been a little over—on 24th July I went with Wright to Woolf's house, and searched it—in the cellar, under a quantity of rags, I found this bag, which is one of the three I marked—I showed it to Woolf—before that Wright had told him he would be charged with receiving a quantity of wool in bags—he denied receiving any wool—he said "You have marked that bag yourself just now"—when charged, he said "I have not had any wool, I have not dealt in wool for years"—I, said "This is one of the bags that I marked"—he said "You have just
marked it"—I said "No, it is perfectly dry, and the ink that I marked it with is miles away"—he said "A child has dropped something on it a plum, or a drop of jam or something; that is nothing"—I said "No, I can swear that is the ink I marked it with"—the mark bears no resemblance to any sort of jam.
Cross-examined. I have got the ink in my pocket now, it is a mixture—I sprinkled it on—it does not look as if a child had been sprinkling jam on—I did not communicate with the people at the booking office.
WILLIAM WRIGHT (Detective City Police). On 30th June I received a communication from Hutt—I saw at the Parcels Delivery Office at Moorgate Street a bag of wool, which was marked by Hutt in my presence, and I instructed him to follow it—on 5th July the same thing happened, and the bag was then marked; I followed it, it was delivered at Woolf's address, 348, Cable Street, on the same day—the only bag found was that of 5th July, it is marked with a peculiar kind of ink, several inks together which will not mix properly—on the 13th I saw another bag, and I and Hutt followed it together—I saw Carvosso on the 18th or 19th at his master's office in the Wool Exchange—I said "We have seen parcels taken from this office to the booking office in Moorgate Street"—he said "I have not taken any"—I saw him again on the 24th—Mr. Southall said to him "We have positive proof now that you have taken parcels from this office on several occasions to the booking office in Moorgate Street"—he said "Yes, I have"—I said "You will be charged with stealing bags containing wool on various dates within the last two months from your master's office; to whom did you sell them?"—he said "To Woolf, at Cable Street"—I said "How much a pound did he agree to give for it?"—he said 2d.—he asked his master to forgive him—his master said he could not, and I took him to the station—on the same day I went with Hutt to Woolf's—I saw him there, and said "We are police officers; have you bought any wool of any one?"—he said "No—I said "Have you received any from any one, within these last two or three months?"—he said "No"—I said "I have seen wool delivered here on several occasions within these last two months, and I know you have received it"—he said "I know nothing about it, I have not received any wool; I don't deal in wool"—that was repeated about half a dozen times—I said "You will be charged with receiving a quantity of wool at various dates within the last two months, well knowing it to have been stolen"—we made a strict search and only found this 5th of July bag, marked—Hutt found it, I was against the door when it was found—Hutt produced it—the prisoner said "That is a bag that I have waste paper in"—Hutt said "This is the bag which we have seen delivered here containing wool; here is our mark upon it," pointing out the mark to the prisoner—he said "Oh, that is where the children have spilled a piece of jam on it"—first he said "Oh, you have marked that"—I pointed to the ink and said "That is dry now; that is our mark on it"—I made him distinctly see that the ink was dry, and that it was not jam—I told him I believed he would be charged with receiving these bags within the last two months, well knowing them to have been stolen—he made no answer—I took him to the station and confronted him there with Carvosso—I said to Carvosso "Is this the man that you have referred to as having sold the wool to?"—Carvosso said "Yes"—Woolf said nothing—I said to Woolf "This man states that he has stolen the bags of wool from his master and that he sold them to you
for 2d. a pound, that he had received 7s., for each bag"—Woolf said that he did not know the man, then he said "I only know him by meeting him at my club"—Carvosso said "Yes you do; you are the man that paid me for the wool"—Woolf said "Yes, I paid you twice"—Carvosso said "Then I have made a mistake in the price, I ought to have said that he agreed to give me 4d. a pound; he paid me 12s. for each bag"—I said "That would only make it 2d. a pound according to my weights"—Carvosso said "Yes, that is correct; you only paid me twice, on other occasions I received it from a woman behind the counter at the shop"—Woolf was charged with receiving, and Carvosso with stealing; they made no reply—the shop is a marine-store dealer's—the marked bag was found in a basement where there were a great many tons of waste paper and different things stored away.
Cross-examined. I don't know if there was a trap door in the shop to throw things down into the basement, it was too full of waste paper to see—there is a back yard at this place—Sergeant Allen took the charge at the station—I think Hutt was there a portion of the time when the charge was taken—there is no other officer here who was there at the time—when I went to Woolf's I simply said "Have you bought any wool?"—I went to the Moorgate Street booking office 10 or 20 different times—the parcels were not there every time—I was there on 30th June, and on 5th and 13th July—I took wool from each of the bags—I put my hand through the stitches at the top where the bags were sewn up, I did not undo them—Carvosso did not tell me the wool was sweepings of the place; he said at first he had picked a few pounds up in the street and took it into the office, and afterwards he said he had taken it from his master's bins and packed it up and taken it to "We if.
Re-examined. I saw the thing happen on more than the three occasions—I think there was about 15 hundredweight altogether in the three hags—a bag nearly full would weigh 3 hundredweight or a little over—there was a little piece of wool in each corner of the bag in the cellar——I knew I should have to give evidence, and I satisfied myself that the lags contained wool.
WOOLF— GUILTY . He then PLEADED GUILTY to a conviction of larceny in March, 1873. WOOLF— Six Years' Penal Servitude. CARVOSSO— Nine Months' Hard Labour.
OLD COURT.—Thursday, August 2nd, 1883.
Before Mr. Justice Watkin William.
JAMES GALLIMORE . I live at 21, Rider Street, King's Road, Chelsea, and am a labourer—I knew the prisoner by sight, but not by name—I also knew Louisa Parrell—on Friday night, 29th June, about a quarter or ten minutes to one, I was at the World's End public house—there had been a very heavy thunderstorm and we were standing up there—I saw Parrell there drinking, the witness Dorrington was with her—they left about ten minutes before me—I was sober, Parrell was the worse for
drink—she walked pretty well when she left the bar—a few minutes after I came out I went under the stable yard for shelter, that is close to the public-house—I saw Parrell at the bottom of the yard. (Referring to a model and plan produced)—I also saw Bell the cabman and Carter the horsekeeper taking a horse out of a cab—I saw the prisoner come down the yard and go towards the stable, and I saw him throw a pail of water on Parrell—she was standing against the stable gate just inside, against the front stall—he then threw another one on her—I think he threw three pails on her—I did not hear anything said—I then saw him knock her with his fist under the throat, and knock her right into the cornbin backwards—she was standing with her back towards the corn bin—her legs were sticking up—I was outside the stable door—I said to the prisoner "Leave off, you have done quite enough, Harry"—he said "I will"—I then went to the corn bin and assisted the woman out—the prisoner knocked her down again with Ms fist—I could not swear whether it was on the side of the face or underneath the breast—she fell with her head towards the manger in the stall, and her feet laid right in front of the bin, on the stones—she only growled and screamed—after the prisoner had knocked her down he jumped over her to get out at the stable door; he did not step on her or touch her, he jumped over her—Dorrington came down the yard, and he said "What have you done, Harry?"—he said "I have seen her like this before"—Dorrington went up to Parrell and loosened her dress, her chest seemed to be sunk in as she was breathing—I assisted Dorrington in getting her on her feet; Mason came in and assisted us up the yard with her to 59, Langton Street, close by, and the prisoner walked behind carrying her hat and cloak—I came away leaving her in the house with the prisoner—there was a small oil lamp alight in the stable.
Cross-examined. I had been at the public-house about an hour and a half—I had not been drinking with Parrell, I was in the same bar—she had been there a good hour and Dorrington also—I could not be exactly sober because I had had a couple of glasses of beer, but I knew what I was doing; I was quite sober—I did not see Parrell stagger as she went from the public-house, she walked quite properly—I have seen her the worse for drink on other nights—I dare say she and Dorrington had both had plenty of drink, but they were not staggering about when they left the bar—when the prisoner came down I was at the bottom of the yard going to talk to Nicholls or Carter and Bell taking the horse out of the cab inside the covered yard—I was close to the stable door—Parrell was at the bottom of the yard inside the stable gate next to a horse—I was not talking to Nicholls and Bell—I went to the stable because I saw Parrell there—I thought she might get kicked by the horse as the horsekeeper was taking it out of the cab, and there was a horse two stalls away from her—I did not speak to her—I did not hear her speak to the prisoner before he did anything—I did not hear her call him any name—I did not see her strike him, she was not near enough to strike him—she was in the corn bin when Mason came up—I heard him say "Harry, turn it up, go home, what will the neighbours say?" that was after she was out of the corn bin—I will not be sure whether the prisoner struck her with his fist or his open hand after she stood up—he did not help to lift her out of the bin—the water was thrown over her three times—there were three or four pails—I could not swear whether a
different pail was taken each time—they were outside against the tap—the water went over her face and over her body, and all over her—Nicholls was in the yard at the time able to see what was going on.
SAMUEL BELL . I live at 13, George Street, Sloane Street, Chelsea, and am a cab driver—after midnight on Friday, 30th June, I was in this stable—yard—I came with my cab outside the yard; we don't drive in, because it is rather low—I left the cab outside, and took the horse out outside and led it in—it was about 1.30 or 2 o'clock—I did not see anything of Louisa Parrell then—we took the horse down the stable, and the horsekeeper shoved the cab just inside the gateway—I then went down to the stable, and during the time I was there Parrell walked in—she want to me corn bin and took a scoop of corn, and began to feed the horses as I have seen her do before—she was very much intoxicated—I told here "Some of these odd nights you will get kicked by these horses—soon after the prisoner came into the stable a few words sprang up between them and she made a grab at him, and he took up a pail of water and threw it over her, and said "Take that"—the pail was standing close by the corn bin, near the doorway—she made a second grab at him and he put out his hands and said "Go away from me," and she went right in the corn bin sideways—her legs were in the bin as well as himself—I came out of the stable then, as I am a little afflicted, and got out of the way—I saw Dorrington come down the yard while I was there—I went into the stable again four or five minutes afterwards, and saw the deceased lying in an empty stall on the straw, groaning—dorrington was standing by her, and the prisoner was sitting on the corn bin—he was intoxicated-Gallimore and Mason were there, and Nicholls was either in the stable or out in the yard.
Cross-examined. The deceased was very drunk; she was staggering—I only saw one pail of water thrown over her; as to the others, I did not take notice.
By the COURT. She had nothing to do with the establishment—she had come there on several occasions—I have seen her and the prisoner together in Sloane Square—she had no business at the stable—the prisoner had no employment there.
FREDERICK MASON . I live at 3A, Poulton Street, Chelsea, and am a cabdriver—on this Friday night, after midnight, I was in the cab yard—left my cab outsider—Carter took my horse in—I went down the yard and into the stable—it was then a few minutes past 1 o'clock—I heard some wrangling with the deceased and Surtees—he called her a cow for going with married men, and mentioned Heriot's name—he is a married man, and a driver in the yard—she called him a sod—I went to the stable door—I saw Gallimore and Bell there—I asked the prisoner to turn it up, and he would—she struck him on the side of the head with her hand, and he swung away from me and shoved her openhanded into the corn bin sideways—she went right in—I got hold of the prisoner and pulled him on one side, and asked him not to kick up such a row for the sake of the neighbours—I said "Turn it up, Harry—he said he would; he would not touch her again—Gallimore assisted her out of the corn bin—I went and watered my horses, and then went and helped her into an empty stall—she was lying on the stones—Dorrington came down afterwards—she said "Oh, Harry, don't touch her"—he said "No, I won't"—he was sitting on the corn bin—I
and Gallimore assisted her to 59, Langton Street, and left her there with the prisoner—next morning the prisoner came to me on the rank, and said the woman was very bad, and asked me to lend him my cab to take her to the hospital—I said "This is a shocking affair, Harry"—he said he never intended to hurt her; what he did was only to frighten her—he said he was very sorry.
ELIZABETH DORRINGTON . I am single—I live at 52, Blantyre Street, near this stable—I was with Louisa Farrell on this Friday night—she was about 25 years of age—she was a friend; I have known her with the prisoner for the last three or four years—we were at this public-house together—she may have had a little drink; she was not drunk—I did not meet her till 12.20—we were in the public-house after the house closed, because of the storm—it was about 10 minutes or a quarter to I when we came out—we stood chatting a few minutes, and all of a sudden I missed her—I stood outside talking to a friend, and in two or three minutes I heard her scream, as if from the stables—I did not take any notice at first—I heard her scream a second and third time, and I then went down to the stable to her, and saw her lying in the first horse stall on her right side—the prisoner was there—that was the first time I had seen him that night—I saw him lift his foot, as if he was going to kick her—I can't pay whether he kicked her or not—I said to him "Harry, what have you done?"—he said "I have seen her like this before"—I undid her clothes—he lifted his foot to go to kick her again—I said "Harry, don't"—he said "Sue, I am done"—he did not kick her—the deceased was lying there moaning—I spoke to her twice; she made no reply; I think she was too bad to make any—I saw one mark just on her chin; there was a little blood, I don't know whether from a blow or what, it might have been a scratch—the prisoner sat on the corner of the corn-bin—Gallimoro and Mason assisted her, and the prisoner carried her hat and walked behind—her clothes were saturated with water—on Monday evening, 2nd July, about 7.30, I saw the prisoner in King's Road—I said "Harry, this is a bad job"—he said "It is"—I asked him what he was going to do about it—he said he heard the tees were after him, and he should not budge: he should stand his ground like a man, he was sorry it happened; he did it in a fit of jealousy.
SUSAN DAVIDSON . I live at 59, Langton Street, Chelsea—Louisa Parrell was staying with me as a friend on this Friday night—between 1 and 2 o'clock in the morning I heard a noise outside my house, and she was brought in and put to bed—she appeared to be in pain and was groaning; she was very wet—the prisoner came in with her—I asked if he had been hitting her—he said there was a kicking horse at the fore end of the stable, and he supposed it had been kicking her; he did not know what she wanted down the stables at that hour of the night—she answered "Oh, Harry, Harry, you know what you have done"—I remarked that she was very wet, as if she had been brought out of a river—he pointed to the window and said "See what a night it is"—he afterwards said if there had been a tank or a cistern she would never have come out of Shepherd's stables alive—he said to her "What I hare done to you I have done, but as for George, I will meet him on Good wood face course, and there I will settle him"—I did not know at that time who George was—the prisoner was quite sober—he said it was a good thing for him that he had been sober; had he not been sober, he had no
control over his temper—I attended to her and put her to bed—the prisoner stayed with her all night—he slept outside the bed and she was inside—I remained On a sofa in the same room part of the night—towards morning I left—during the night he kept on abusing her and saying she would never forget Shepherd's stables, and using bad language to her—next morning I found she was very bad—he wanted to fetch a doctor, but I recommended him to take her to the hospital, and he got a cab and took her there—on the Monday I told him that they had sent some one to take her deposition, and he said he should not budge an inch.
Cross-examined. I was quite sober; no one can say I am ever anything else—the prisoner was sober—I am married—I can't say when I last saw my husband—I do not keep many houses in Chelsea; I have not any let for immoral purposes—I can't tell how many houses I have, I did not reckon them before I came out—the deceased came to and fro to visit me when she was not with her friend—he had been staying there about a day or two before Whitsuntide—I remember her coming home with a dreadful black eye which the prisoner gave her then—no one else was stopping with me at that time; nor now, only Louisa Weedon—I have known the deceased five years on and off, but never to be intimate till just before Whitsuntide—I have known Dorrington and Weedon two or three years—Weedon is not a gay woman—I know nothing about the affairs of the others—I went to the house where the prisoner's mother lives on Thursday or Friday—I saw one of his brothers—I went to ask for a subscription towards burying the poor girl—he did not tell me to leave the house: I was sober—I did not say that I would made it b—hot for Mr. Surtees, or that I hoped he would swing for it—when I asked for a subscription he said he wished it was his brother—I said his brother had had a good many dinners at her expense, and drank many quarts of beer—I can't say whether I said I wished to see his mother—to the best of my belief he did not order me to leave the shop.
Re-examined. I knew that the prisoner and Parrell were on intimate terms—when she was at my place she always paid for everything he ate and drank.
ELIZABETH WEEDON . I live at the same house as the last witness—on the Saturday morning I saw the deceased there—I assisted to dress her, and afterwards, with the prisoner, took her to the hospital—as we were in the cab going along, he asked her "What are you going to tell the doctors? don't tell two tales; are you going to say that the horse kicked you, or that your husband knocked you about?"—she replied "Oh, Harry, I know what I am going to say; you know you did it"—she then turned faint—I went with her into the hospital, and stayed with her while the doctors examined her—the prisoner waited outside with the cab—he was still there when I came out—he asked me what the doctors said—I told him that they said it was fractured ribs, and hurt internally—he said it was a good thing it was no worse—I said that was bad enough, I didn't think we should see little Louey alive again; I thought she was awfully bad—he asked what she had told the doctors—I said "The truth; that you had kicked her, doubled her up in the corn-bin, and jumped upon her"—he said "Do you believe it, Nell?"—I said "Yes, I do, from what she told me"—we then parted—on Sunday I saw her in the hospital, and stayed with her all night till 4 o'clock next day—on Monday night I saw the prisoner outside the hospital crying.
Cross-examined. He seemed in distress about her condition—when he spoke to her in the cab she said "Oh, Harry, don't bother"—she was in so much pain.
HENRY MARSHALL (Police Inspector). I received information on Monday evening, 2nd July, and on the next day I went to the prisoner at 9, Sloane Square—he was in bed—I told him I was Inspector Marshall—he said he knew me very well—I told him I had come to take him into custody on a charge of violently assaulting Louisa Parrell, at the World's End Stables, on the morning of the 1st, that it would probably resolve itself into a serious charge, and I cautioned him that what he said I should reduce to writing, and it might be given in evidence against him at his trial—he then made this statement: "I left home about half an hour before the occurrence, and went with a cabman named Heath to the World's End Stables, where I found her (Louey Parrell); a few words ensued between us, and she rushed at and struck me. There was a pail of water standing by, which I picked up and threw over her. She again came at me, which she repeated several times. I pushed her away, and she being very drunk, fell by the side of the corn bin, and overbalancing, fell inside doubled up. Seeing her position, I, with Mason, who had just put his cab up, helped her out, and got her home, where Mason left me with her. Seeing she was in pain, I pressed her to have a doctor, but finding I could not obtain one at that hour without money, I took her to the hospital later on. She had a little beer, which she did not keep down; she also had part of a bottle of lemonade. They detained her at the hospital"—I took him to the station—on the way he said he intended to go to Nottingham about a situation, but knowing the police were after him, he decided not to go—at the station he was charged with violently assaulting Louisa Parrell, by jumping on her, and causing her actual bodily harm, by which her life was endangered—he replied that he had already made a statement—later in the day I went to the hospital with a view of taking her statement, but I found she was delirious.
Cross-examined. I did not know the prisoner's relatives before this occurrence—his father is dead, and his mother carries on business as a railway agent, at 9, Sloane Square, where I found him—I believe they are a respectable family.
WILLIAM RIVERS POLLOCK . I am one of the house surgeons at St. George's Hospital—I was there on Saturday, when Louisa Parrell was brought in about 11 a.m.—she appeared to be suffering from pain in the abdomen—I examined her, and found it necessary to keep her in the hospital—I attended her till the Monday, when I went, away, and Mr. Allingham relieved me—I found blood in her water—she subsequently had peritonitis—I noticed a bruise in the centre of her left groin—it looked fairly recent.
Cross-examined. It was hardly such a bruise as would be caused by falling into a corn bin; the only way in which it would be produced would be by falling against the edge of it.
DANIEL MACLURE ROSS . I am a surgeon, and pathologist at St. George's Hospital—on Wednesday, the 4th, about 21 hours after death, I made a post-mortem examination of the deceased—I found the bladder was ruptured
about the posterior wall near the top; that caused peritonitis, from which she died—I found marks externally in the left groin and upper part of the left thigh, and the right arm, close to the shoulder in front, and the front part of the elbow of the same arm—those were recent injuries—a bladder is more liable to rupture if it is full—the injury to the bladder was most likely to be caused from a direct injury in front; it must have been caused by violence; violent pressure would do it—the injury to the groin or thigh would not do it—if the bladder was very full it is possible that a violent push and falling into the corn bin might do it—it would depend on the force with which she fell—there must have been considerable force to occasion the rupture—all the organs of the body were healthy.
Cross-examined. Some violence must have been used to rupture the bladder in this part—I don't think a bladder would burst in this part without violence; I do not know of such an instance—I said Wore the Magistrate that falling backwards on the edge of a corn bin might have caused the rupture—a bladder may be ruptured in consequence of the too long retention of urine, without violence, but not in that spot—the greater the distention the less violence would cause the injury—she was 5 feet 3 inches in height.
NOT GUILTY .
There was another indictment against the prisoner for assaulting the same person and occasioning her bodily harm, upon which no evidence was offered.
NOT GUILTY .
NEW COURT.—Thursday, August 2nd, 1883.
Before Mr. Recorder.
738. CHARLES SHEPHARD (41) and CHARLES MAJOR ANDERSON, Stealing two securities for the transfer of 229 ingots of tin and one transfer for 179 ingots of tin, the property of Charles Messenger Major, the master of Shephard, to which
SHEPHARD PLEADED GUILTY .
MESSRS. BESLEY and GILL Prosecuted; MESSRS. FRITH and BLACKWELL defended Anderson.
CHARLES JONES . I am manager to Charles Messenger Major, and trade as Lyon and Field at Red Lion Wharf—Shephard was the ledger clerk for some years, and latterly he was employed at the inquiry desk—I have known Anderson some years, and have seen him at the wharf from time to time—I knew him some time in the employ of J. and F. Mordan—after he left there I frequently saw him at the wharf—he used to see Shephard, and I have complained to Shephard about his coming and casting his time—when goods are landed and weighed and stored at the wharf, and the bill of lading is given, we give the agents a dock warrant—we make a landing-book, which we keep, and send another to the merchants; that shows the weights—the delivery warrants are made out
at the wharf, end go into the merchant's hands; they can then he transferred from one person to another—when warrants are sold they are sometimes endorsed for the delivery of the goods—at other times we make out new warrants, and sometimes we transfer them to another person's name if they require it, and the old warrant would be registered or cancelled—in September, 1878, a quantity of ingots of tin were landed at the wharf from the Sinbad, consigned to Redfern, Alexander, and Co., for which four warrants were made out and handed to them—two of those warrants came to the wharf in the ordinary way; the goods were delivered and the warrants cancelled—the other two, 77946 and 77947, came to the wharf on 26th November, 1878, with this note. (From Straus and Co., of 16, Rood Lane, enclosing the two warrants for 408 ingots of tin, ex Sinbad, and requesting two fresh warrants to be sent instead, deliverable it James and Shakspeare)—this is signed "C. P. S.," which are Shephard's initials, showing that it came into his possession—this "19642," and the reference "S. 2-248," and the clerk's name, "Jallard," are all in his writing—these (produced) are the two warrants we issued to James and Shakspeare in the place of the two cancelled; they are identical with them—they came in the ordinary course in December, 1879, and the goods were delivered on them—that completed the delivery of the whole of the tin from the Sinbad—the last was delivered on 16th December, 1879—I have searched for the two warrants which these replaced—this (produced) is No. 77947—No. 77946 has never been found—on 4th June this year I was at the wharf when Mr. Howell came there from Mr. Wiseman and presented this inspection order in an envelope—Shephard was away ill—I read it, made some inquiries, went to 92, Gracechurch Street, and saw Anderson—I said, "I want the warrant you have been endeavouring to raise 400l. on"—he said, "I don't know anything about it, I am acting for a friend"—I said, "I want the warrant, it is a stolen document"—he said, "I cannot say anything about it till my friend comes, and he has gone to Charing Cross; you astound me, Mr. Jones"—I said, "Give me the warrant, you know where it is"—he said, "I do not know"—I replied, "I don't believe you; who had the 200l. raised on the warrant in March last?"—I may have said "the warrant for 179 ingots of tin," I won't be positive—he said, "Not Mr. Shephard, I got it for another person"—I said, "I shall take my own course," and left—I then went to Shephard's place, and did not see Anderson again till he was in custody—I have examined the books, but find no entries of rent paid for the tin or for stamps for the warrant—this is the cargo ledger; it contains an entry of two warrants, 84699 and 84700, in Shephard's writing—we stow the tin in five-ton piles, and mark the particulars on the side of one ingot—this ingot (produced) is marked "ex Chimbray" on one side, and "ex Sinbad" on the other, so that if a person went to look at the tin the ingot had only to be turned round—I discovered that a week or 10 days afterwards.
Cross-examined. I persist in my statement that he was the first who mentioned Shepherd—my deposition says "I mentioned the name of Shepherd to the accused first"—it was read over to me and I signed it, but I called Mr. Wontner's attention to it and asked him to get it rectified, as it was incorrect; I left it entirely to him—I have known Anderson five or six years—I have never threatened him, and I do not think I ever said that I disliked him—the warrant I asked him for
was for 229 ingots of tin—he said "I do not know anything about it; I am acting for a friend," or "I do not know much about it; I am acting on commission," at this distance of time I cannot say which—he did not say that the friend who was coming from Charing Cross was Mr. Shaw; he did not mention any name—the inspection order was in an envelope unsealed; and addressed to Mr. Low—it is very fortunate that I saw it, because it led to the discovery of the fraud—it might have fallen into Low's hands—he is one of our foremen and one of my witnesses—he would have to show the tin at the wharf to any person who came to look at it—the warrant marked "B" is signed by Mr. Charles Major, and properly countersigned by a clerk like a perfectly bond fide document—it is a genuine document, and goods have been delivered on it—the number of it is 84649—warrant C, No. 32700, is also properly countersigned—those are the two genuine warrants issued to James and Shakspeare—I signed the charge sheet—Mr. Major instructed me to charge them—brokers frequently raise money on warrants without disclosing their principals' names—they are common negotiable documents in the City—Mr. Attenborough's document is perfectly genuine, but is not the original—we have not found the original warrants—warrants 77946 and 47 are sent out with a request to issue two warrants to James and Shakspeare, and I have 8469 and 8700 cancelling them—we have pawned 77947, but 77946 was pawned with Mr. Attenborough, lodged by him at the wharf, and handed to Shephard, who issued this 84097, which was signed by Mr. Martin, a member of the firm, just as a person would sign a cheque put before him by his confidential clerk—Shephard was a confidential clerk; he was the leading clerk at that time—I believe Anderson is a commission agent—Mr. Attenborough brought this document to the wharf, and I obtained this in its place.
Re-examined. The one Mr. Attenborough produced was given in exchange for a cancelled one, which was stolen, and the one Mr. Attenborough delivered up cannot be fond—Mr. Wiseman showed me the other; that was a cancelled document which ought not to have gone out again—I am sure the letter was addressed to Low—the envelope most probably went into the waste-paper basket—Low was on the wharf, but at some distance—it is the ledger clerk's business to sign inspection orders—they are written by the owner of the goods and initialed in our ware-house, signifying that the person may go and view the goods—this is a request to inspect; it would require initialling—such papers are not usually addressed to Low—it is quite out of the common to address to a foreman—they invariably come down open and addressed to the superintendent, Red Lion Wharf.
By the JURY The person who brought the inspection order came into the office naturally enough; it would probably have gone to Shephard had he been on duty—no such cargo was left—I recognize Anderson's writing, and was certain he could not be dealing with a 500l. document; what raised my suspicion.
ROBERT PERCY ATTENBOROUGH . I am a pawnbroker, of 11, Greek street, Soho—I first saw Anderson on 19th December, 1879, he came into my office and gave me this card, "Chas. M. Anderson, 20, Navarino road, Dalston"—the address is in writing; it is the prisoner's writing—he said that he wished to borrow some money on a warrant for tin, which he produced; it was for 229 ingots—I said it would be necessary
for me to send to the wharf to inspect it, and also to have the warrant representing the tin entered in my name and deliverable to me or my assigns, or to my order, and further, that as I did not know the value of tin I should have to ascertain it—I asked if it was his property or if he was borrowing it for anybody else, and I believe he represented himself as the principal; if he had been an agent he would have signed the document as such—he thoroughly convinced me that he had a right to deal with it—it is four years ago—terms were mentioned, and he subsequently signed this contract. (This was for the loan of 200l. at 20 per cent. interest on 229 ingots of tin, with power to dispose of the same in default of payment of interest, dated 20th December, 1879, signed by Anderson.) The interest was payable every three months—I paid the rent at the wharf, but I should charge him what I paid—he did not show me a receipt for rent, he merely produced the warrant—the payment of the rent would appear on the face of the warrant—the interview was on the 19th, I sent to the wharf next day, and found that the tin was worth 500l.—I told him he could have 450l. on it, and he signed the contract on the 20th—he left the warrant with me on the 19th, I sent it to the wharfinger on the 20th, and exchanged it for the one produced—I got the property in my own name before I advanced the money—the description of the weight is the same; it is a five-ton parcel—I did not have a sample—I paid him 200l. in gold and notes, less 9d. to the wharfinger for the new warrant and stamp, which is signed by Shephard, and the expense of going into the City—I believe he called and paid the 10l. interest at the end of the three months, as I find it was renewed on 20th March—there would be no fresh contract—when he paid the interest he gave up the counterfoil and received another—on 22nd June he renewed it again, and on 12th October again, and on 11th February, 1881, again; on 23rd February he had another advance of 25l., and I gave a new contract note—I retained the original, and he had a duplicate, which was given up and filed—I have had no notice to produce it—on 5th September he had a further advance of 50l., and 75l. on 12th August, 1882, bringing it up to 350l., and three days afterwards he came back and had 30l. more, making 380l., and the agreement is dated 12th August, 1882—these (produced) are the receipts—I paid for the rent at the wharf—the wharfingers are empowered to sell in 12 months unless the rent is paid—the first receipt is dated 18th September, the day of the landing the cargo—I did not see him every time he called—I saw him about three times—I believe he had an office in the City—I have two letters from him (produced)—this one of May 31 refers to my letter informing him that the last year's interest was overdue, and unless it was paid the goods would be sold; no interest had been paid since August, 1882.
Cross-examined. He never made the slightest objection to my making the fullest inquiries—I am quite willing to lend him 450l.—agents frequently receive instructions only to obtain a certain advance, though the pawnbrokers are willing to lend more; they only carry out their instructions—he said "I only want 200l."—agents do not always say that they are agents—I sent down to the docks, and my warrant clerk brought me a warrant signed by the wharfingers themselves; what more could I do?—there was nothing in Anderson's conduct from first to last to show that he knew he was dealing with stolen property; he seemed to be a bond-fide agent or principal, or at all events dealing with goods which
had been honestly come by—he did not know when the rent was to be paid, but I told him I should pay it at the expiration of every twelve months—I did not tell him that I had the tin inspected every time, but he would be told so the first time; he was fully aware that I sent down to the docks and paid the charges—the money I spoke of as advanced includes interest.
Re-examined. I parted with 380l.; the interest was included in that—I beg pardon, I am wrong; money was paid when the loan was not increased, but I parted with 380l., and interest was paid from 20th September, 1879, to 20th August, 1882.
ALBERT WILSON . I am Mr. Attenborough's clerk—on 20th December, 1879, he sent me to Red Lion Wharf with a warrant relating to 229 ingots of tin—I saw a clerk and ultimately saw Shephard; I showed him the warrant—he took me into a warehouse, where I saw some tin marked "Sinbad" in four places—I handed him the warrant, he afterwards gave me another, and I paid him 9d.—I went back and handed Mr. Attenborough the warrant I had received—I waited nearly an hour for the signature of the firm to the new warrant—I went to the wharf on different occasions and saw Shephard—I paid him the rent three times, and got his receipt each time—I never saw Anderson in my life.
Cross-examined. I asked particularly for Shepherd, as I was referred to him by a clerk on the first occasion when I inspected the tin.
THOMAS GODDARD . I carry on business in Nicholas Lane, City—Mr. Wiseman is interested in some of my transactions—I have known Anderson about fifteen years, but not at his private residence till about a month age—I believe he is a commission agent—on 7th or 8th March I met him in the City, and he asked me if I could get him an advance on some metal—I said if he contemplated selling it no doubt I could, and a day or two afterwards he came to my office, and two days afterwards I gave him an advance of 200l. by these two cheques (For 50l. and 136l. 8d), less the accustomed charges, after Mr. Howell of our office had been to the wharf and reported upon the tin—I produce the warrant; it is 77942 for 179 ingots—two or three months afterwards he wished to raise about 420l. on another tin warrant, and gave me the order to view; I asked him how much metal there was; it was under consideration, but we decided not to do it—he said that he objected to Mr. Major knowing it at the wharf—I said "Why?"—he said "He will say, 'What is my boy Charley doing with tin?'"—I knew that he was connected with Mr. Major in some form, and there is a similarity of name—he was going to close up the envelope with the inspection order, and I said "It is similar to a letter of introduction; you had better leave it open," and I did so—I do not think he said who Low was—I gave it to Howell, or it was given to him on my behalf—this is it: "Please allow bearer to inspect 289 ingots of tin ex Sinbad.—Yours truly, H. M. Anderson, 1 cwt 26lb."
Cross-examined. He told me that the interest and the expenses did not matter to him, and implied that he was only an agent—I have since heard that he is Mr. Major's godchild—he spoke in a familiar, pleasant way about Mr. Major—he always appeared to act in a bond-fide way, and I thought he was dealing with persons whom he had an honest right to deal with—he offered me the tin for sale—I had the power to sell it when and whenever I liked—he mentioned no name when he spoke about going into partnership, nor do I know to whom he
referred—he did not tell me that as he was agent for an undisclosed principal he did not want his name to appear in the transaction at all, or that he did not want his principal's name to be known; everything was perfectly open—I did not tell him that a cheque for 400l. was ready drawn.
Re-examined. The 50l. cheque was drawn crossed, and then marked "Pay cash," as he asked make it open—I only know of two cheques.
CHARLES SHEPHARD (The Prisoner). I have been 11 years in Mr. Major's service—these two warrants were given out in place of warrants 77446 and 77447 for tin by the Sinbad—I had this cancelled warrant 77496 in my possession for about two months, and gave it to Anderson in December—of the 200l. which he got from Mr. Attenborough I got the same amount as the first advance—I supplied over 100l. for interest; 10l. a quarter—I gave it to Anderson, and sometimes he sent some one else for it—I did not know that he got any subsequent loans till I heard it at the Mansion House—the last money I gave him for interest was 10l. in November, 8l. first and 2l. to a man he sent down, as he was pressed for money, and wanted to pay it into the bank at once—I was not certain whether he had paid the interest—I had several conversations with Mr. Attenborough with regard to the pledging of the warrant with him—after Anderson first went to Mr. Attenborough he said he had arranged that the warrant would be deposited with them for 200l., or more if required, at 20 per cent, and 1l. for the ticket, and that he had to make a declaration—he afterwards suggested selling the ticket—I said "You cannot possibly do that; the warrant must not go into the market, because it must be kept quite secret"—Mr. Wilson, from Attenborough's, came down once to see the tin, and of course I showed him some tin—he came three times—I know nothing of the word "Sinbad" being put on it; I suppose that was done when I was ill in bed—I supplied him with no money for interest after September—I gave him the second warrant, 77447, at the beginning of last December, and said if any one wanted to see the tin they were to ask for me, and some one came early in December—I got 55l. on that warrant; I wanted 100l.—I was not aware he had got 188l. 6s. 8d. till the detective told me—some few days elapsed, and Anderson brought down a blank promissory note—I was to draw on him; it was purely a matter of confidence between us—I suggested it, and he filled it up and said "How much money do you want?"—I said "I want the whole of it"—he said "Can you do with 60l.?"—I said "Yes, but I must have the other by next Tuesday"—we went in the train together to a house where he wanted to see a friend—he gave me 55l., and said "You will have another 40l. to come," but I have never seen it, though I have worried him day by day till I was locked up—I signed two bills, which I have never seen since—these two receipts for rent are fictitious—I made them out, and gave them to Anderson to satisfy Mr. Attenborough—there really was no rent due for tin ex Sinbad—I gave these other two receipts for 80 weeks and 53 weeks to Anderson—Mr. Wilson came down one day, and said "Mr. Shephard, I want to pay up the rent on that tin"—that nonplussed me at the moment—I did not want to take any money from him, but I made out this bill (produced), and took the receipt—he gave me the money, 2l. 18s. 6d., and I kept it—the other two receipts I gave to Anderson, and got no money at all—I have not noticed any of the transactions in the book; I could not.
Cross-examined. I made a statement to Mr. Beard, who is defending me—I suppose I am called as a witness because they want to get information—I have pleaded guilty—I do not know of any bargain—I expect to be punished, but I hope to get off as leniently as I can—Anderson often came to the wharf apart from seeing me; it was his business to buy there—he had transactions for Richards for small quantities of wines and spirits occasionally, and also for Cutler—I did not say when I was arrested that I hoped Anderson would not get into trouble, as it was all my fault; I said "I hope Anderson will not get into trouble on my account"'—these are my signatures to this bill, but I accepted and endorsed it in blank—there were two, one in December, which I gave to Anderson myself, and the second in February to his clerk, James—I do not know whether that is James Dixon—I do not understand why Anderson wanted the bills—he said he could not get the money unless he had the bill as well as the warrant—he filled it up for more than 100l.; he did as he pleased with it—I only had 55l.—he had to take up these bills and pay them, and I imagine he has done so, or we should have heard more about it—I do not know that he ever got a penny on them—I am the drawer and endorser—I drew on him—I do not remember giving the interest on the bonds to Dixon, Anderson's clerk—I remember giving it to Mr. Reynolds, who is dead—Dixon came to me in August, September, or October, and said "I say, Charley has had a letter from Attenborough, asking for that rent; will you give it me?"—I had only 2l. in my pocket, and I gave him that, and afterwards gave him 18s. 6d.—when I was ill in bed Dixon came and told me that Jones had been to see Anderson—we had a long conversation—I did not say that Anderson had nothing to do with the matter at all—he said that Anderson" thought I was acting for Ashton—I do not know that I-said "Unfortunately I told him so, but it never struck me for a moment"—he said that the warrants were dishonestly come by—I have never seen this card (produced) before—I did not show it to Anderson when I first went to him—Anderson suggested on two or three occasions that the tin should be sold, and I was anxious that it should be kept secret—I do not remember telling Anderson that these warrants were the property of Mr. Ashton, a metal broker, who did not want it to be known that he was dealing with them, because it would injure him in his trade—I certainly did mention Ashton's name, I said that I got one from Mr. Ashton.
Re-examined, When I said that I hoped Anderson would not get into trouble on my account, I did not know that as to Goddard and Wiseman's account he had had 168l., I was under the impression that he only asked for 100l.—I don't know what amount of business Anderson did in wines and spirits, he used to tell me he was doing pretty well and at other times badly—he lived two turnings from me—I never knew him dealing in metals—when I got the new warrant I destroyed the old one—I paid altogether 106l. or 116l. for interest on the 198l.—I am quite sure I had none of the further advance of 180l. from him.
WALTER SAMUEL ALLEN . I am a clerk to Mr. Major, of Red Lion Wharf—I know Anderson by his coming down to see Shephard and also as a clerk to J. D. Martin; and I have seen them together in Thames Street, and have seen them meet at Liverpool Street Station—Shephard used to sit at the inquiry desk; any person who made an inquiry would be referred to him—I never received this 7l. 2s. 2d.—this receipt is not my writing; it is a forgery.
Cross-examined. We had a clerk named Richards in 1879—I known Anderson five or six years—he came frequently to the wharf, but only to see Shephard—I do not know that he had business there or that he was a commission agent.
THOMAS GODDARD (Re-examined). Mr. Wiseman undertook to see that the rent on the 179 ingots was paid before I parted with the cheque—the receipt for payment of rout to Major and Allen was before I had anything to do with it; it was done through Mr. Wiseman—he would see that it was paid before he advanced the money.
WILLIAM JOSEPH ADCOCK . I am clerk to J. T. Morton, of 117, Leadenhall Street—Anderson was their bonding clerk—he left in September, 1879, speaking from memory—he had to go round to the warehouses as bonding clerk.
Cross-examined. The tin was not in bond.
CHARLES MESSINGER MAJOR . I am a wharfinger, and carry on business as Major and Field at Red Lion and Three Cranes Wharf—after the surrender of warrants for the issue of other warrants by me there was no authority for the issue of the old warrants; they should be registered and cancelled—Mr. Jones would know whether there is an entry of 9d. in the books for a stamp for the new warrant—I have no knowledge whatever of any tin ex Sinbad—Shephard has been in my service 11 or 12 years—Anderson is my godson and is called Major—his father was manager to my father—I never spoke of him to other parties as "My boy Charlie"—there was no intimacy between us; but he applied for a character, and Anderson's solicitor showed me my reply at the police-court—this is the letter; it is dated May, 1863 (Commencing "My dear Charles," and testifying to his honesty and integrity)—I have very seldom seen him during 20 years—I have sometimes seen him in the street going from one wharf to another.
Cross-examined. I swore at the police-court that I had never written to him; it was so long ago that I believed I had not—I cannot say whether I wrote to him in 1881 or 1882—looking at this other letter (produced), I have no doubt I wrote to him in 1882—this letter (another) is also mine, but it is for trivial matters, I wanted his mother's address—I told the Alderman that I only knew Anderson by sight, and he is my godchild.
Re-examined. I do not remember any letter between 1863 and 1880. (One of the letters to Anderson stated that business arrangements prevented the witness from being security far any one, and suggested his applying to a Provident Club or to the Guarantee Society; the other only inquired his mothers address.) In consideration of the father having been my manager, I from time to time gave money to the widow.
FREDERICK DOUNS (City Detective). On 11th June I took Anderson in custody in Mile End Road, and told him he would be charged with Shephard in custody with stealing and receiving two dock warrants—he said "Have you a warrant?"—I said "No, it is not necessary"—he said "Who charges me?"—I said "I am authorised to arrest you by the solicitors to Messrs. Major and Field"—he said "I thought they wanted me as a witness, and I was ready to come as such"—I said" A warrant has been presented at the wharf on which 200l. has been raised"—he said "Yes, I did it for Shephard, as his agent, and I gave the money to him"—I said "Shephard states that he only had 55l."—
he said "That is a question of account"—I took him to Thames Street Police-station—he made no reply to the charge.
Cross-examined. He was admitted to bail by the Alderman, and he surrendered—I also took Shephard; I asked him what had become of the warrant which he had attempted to negotiate for 400."—he said that it was destroyed—I said "There was 200l. raised on another"—he said "I know nothing about it; I hope he (Anderson) will not get into trouble through any fault of mine."
Re-examined. When he said "I did it for Shephard, as his agent, and gave him the money," that was not the first advance of 200l., that was Mr. Goddard's—I learned from Shephard on Tuesday, the 5th, that he had only received 55l.—I said nothing about Mr. Attenborough's warrant, I did not know of its existence—when Shephard told me it was destroyed I took it for granted that it was so—I had no knowledge of the 200l. till his arrest—I found a number of these cards (produced) on Anderson.
Witnesses for Anderson.
GEORGE DICKSON . I am cashier to Baker and Son, auctioneers, of Queen Victoria Street—in 1882 I was confidential clerk to Anderson—there had been some correspondence between Mr. Attenborough and Mr. Anderson with regard to the arrears of interest, and I went to Messrs. Attenborough to ascertain whether they still had the tin—I carried on Anderson's business during his absence in Holland—he sent me to Shephard for the rent, and he paid me 1l. one day, 1l. next day, and 18s. 6d. the day after—on 12th August I went to Mr. Attenborough's in connection with an advance, and made this memorandum of the loan being raised on the counter of the shop; 275l. was the amount at which the loan stood, 2l. 18s. 6d. wharf charges, 3l. for renewal, 55l. for interest on the money already advanced, and 14l. 1s. 6d. was the balance I paid to Anderson—I believe I received 10l. from Shephard to pay Mr. Attenborough's charges besides the 2l. 18s. 6d—I have got an entry "20th September, 1882. Shephard 10l. interest on money advanced"—there is no entry of the principal in Anderson's books—I have heard Mr. Ashton's name from Shephard when I went to his house, when Mr. Jones had been, I don't remember hearing it before.
Cross-examined by MR. BESLEY. I began to be a clerk to C. M. Anderson and Co. at the beginning of last May—I was there about six months and left at the end of October—no one but Mr. Anderson and I occupied the office, and there was an office boy in the adjoining room—I believe a distress was put in there before November—there were the ledgers, files, day books, and journals of a merchant and general exporter; I have seen them since, but there were no entries in them about the tin—here is "Lent C. M. A. 17s."—that would not go into the ledger at all—the business had commenced months before I went: I went to assist in an agency which he had just got—my salary was 2l. a week, not 10s.; I used not to take it all, and these sums of 10s. are on account—there is no entry of the transactions with Mr. Attenborough—I am the Mr. Dickson who carried this letter to Mr. Attenborough on 12th August—I do not see here that I got the balance of 30l. between the 350l. and the 80l.—I do not know from memory whether it was 350l. or 380l.—this is Mr. Anderson's signature for the 380l.—I had to take the balance of 30l.—the 2l. 18s. 6d. I thoroughly understood had been paid by Mr.
Attenborough the very day before the letter, and was chargeable against the persons pledging the goods—I believed they had paid it to Major and Field—I took it back because Mr. Anderson got the advance for Shephard, and having paid him 2l. 18s. 6d., Shephard had to make it good—this is the only entry I can show you with regard to that transaction—this is my own book; it has my private memoranda in it—I do not know A. Reynolds signing for Anderson—Shaw is a friend of mine and of Anderson's—the "Co." is Mr. Bank, I believe, of 96, Gracechurch Street, where Anderson dates from—he went there from 106, Fenchurch Street, after the distress.
Re-examined. I was not Anderson's clerk in 1869—I do not know by whom the distress was put in—I got 2l. 18s. 6d. from Shephard—it was the proper thing for him as the principal in the transaction to pay the money due to Mr. Attenborough, who had paid it, and made it a charge against Anderson.
By the JURY. I received instructions from Anderson to go to Mr. Attenborough in consequence of a correspondence about the interest having got into arrear—I was to try and smooth it over, and to ascertain whether the tin was sold or not.
ALBERT WILSON (Re-examined). I paid Shephard the money I took, and took his receipt, and gave it to Mr. Attenborough—I do not know Anderson—I got this receipt (produced) for 3l. 6s. 10d. from Shephard—there would not be an entry in Mr. Attenborough's books if I took the money from the petty cash—I am not able to say that I took any such sum on 30th March, 1880, but I can swear I paid Shephard on four occasions—I remember paying him 2l. 4s. 3d. at the wharf on 4th April, 1881—it was I who paid the 2l. 18s. 6d. to Shephard at the wharf, and the 9d.—we should not require to show it in our books; we should stop it out of the money advanced to the customer.
By MR. BLACKWELL. I only received four receipts for the rent I paid—I have not got them.
ROBERT PERCY ATTENBOROUGH (Re-examined). The borrowers do not sometimes pay the rent—I always sent my clerk down to do so, and he always brought back the receipt—I never got it from Anderson—on 12th August, 1882, the loan was raised to 350l.; 55l. of that was for interest on former advances, twelve months' interest on 275l.—since I was in the witness-box I find that 136l. 13s. 4d. was paid for interest—Anderson received 200l. less interest, and the loan has been increased to 380l., and out of that 118l. 6s. 4d. has been paid by Anderson—when it went up to 275l., 20l. and 50l. were not handed out; it would be less the interest due.
EDWARD JONES . I knew Anderson in 1879—he came to me, and asked if I knew any one who would lend money on tin warrants—I advised him to go to Mr. Attenborough in the Minories—his conduct was perfectly open and straightforward—he said he was acting as agent for a friend of Shephard's named Ashton—I do not know him.
ANDERSON— GUILTY. He received a good character. Both prisoners were recommended to mercy by the prosecutor. — Five Years' Penal Servitude each.
THIRD COURT.—Thursday, August 2nd, 1883.
Before Mr. Common Serjeant.
740. ARTHUR WRIGHT was again indicted, with GEORGE DELLAR (20) and HENRY CHRISTMAS (28) . for forging and uttering an order for the payment of 6l. 18s. 6d., with intent to defraud, to which WRIGHT PLEADED GUILTY.— Judgment respited.
MR. ROBERTSON Prosecuted; MR. GEOGHEGAN defended Dellar.
THOMAS BAKER . I am manager to Joseph Salmon, oil and colour merchant, 157, Kentish Town Road—on 30th June, about 7 o'clock, Wright came into my shop and said "Will you be kind enough to cash this cheque for Mr. Daniels, as he has run short of small change?"—I said "How much is the cheque for?"—he said "6l. 18s. 6d."—thinking it was genuine, I advanced the money—nothing more was said—this is it (Dated 30th June, 1883; Imperial Bank, Lothbury. "Pay Mr. Daniels or bearer 6l. 18s. 6d., C. Saunders" endorsed "Charles Daniels")—I gave him 6l. 10s. in gold and 8s. 6d. in silver—he said "Mr. Daniels will be very much obliged to you"—he was respectably dressed, and come in with no hat on and a pen behind his ear—Mr. Daniels has several shops in Kentish Town Road—Wright said that he belonged to the middle shop—before I cashed the cheque I asked him what number he came from—he said 136—I said "How can that be? My number is 157; Mr. Daniels's place must be somewhere about 200"—"Oh yes" he said, or something; like that, and nodded his head—after he left I sent the boy after him, and in consequence of what the boy said when he returned, I and the boy went after him—we did not find him—I went to Mr. Daniels with the cheque, and then to the police-station, and afterwards returned to my shop.
Cross-examined. Mr. Daniels was a perfect stranger to me, and so was Wright—my suspicions were aroused by his giving the wrong number—I cashed the cheque without satisfying myself as to its genuineness.
Re-examined. I cashed it because Mr. Daniels is a neighbour, and on the prisoner's statement that Mr. Daniels wanted it—I did not notice the peculiar way in which it is drawn; the amount is put in figures twice—it was endorsed when I took it—Mr. Charles Daniels has been dead for some time.
ERNEST LOVETT . I am in Mr. Salmon's employ, at 157, Kentish Town Road—on Saturday evening, 30th June, I received instructions from Mr. Baker, and went after and watched Wright—I went up as far as Mr. Daniels's shop, about 100 yards from Mr. Salmon's shop—Wright crossed over Patshull Road, which is on the opposite side to our shop, and the same side as Daniels's—he then started running, and then slipped a little blue polo cap out from under his jacket, put it on his head, and started running again—he came up to the top of Patshull Road, looked round, and turned to the left, and I did not see any more of him—I turned back to the shop and told Baker what I had seen.
Cross-examined. Bartholomew Road is quite 100 yards from Daniels's—I stood at the bottom of Patshull Road and watched Wright—I could see him up to the top—the road is about 200 yards long—altogether I saw him for about 300 yards—during that distance he spoke to no one—I saw
no one loitering about—there were a good many people on the road at the time I saw him.
CHARLES EDWARD SMORFITT . I am clerk to C. and A. Daniels, 242, Kentish Town Road—the prisoner was never in their employ to my knowledge—I have been there four months—there is no other Daniels who carries on business in the Kentish Town Road—cheques payable to us are endorsed C. and A. Daniels—we have no customer C. Saunders owing us money—I don't know the writing on this cheque—the endorsement was not written by any of our firm.
Cross-examined Messrs. Daniels's bankers are the National Bank—I know nothing of the Imperial Bank—I don't think this has been sent through the bank.
JOHN OTTWAY (Police Sergeant Y). About 6.30 p.m. on June 30th I was in Kentish Town Road and saw the three prisoners walking together near the Prince of Wales, about 60 yards from Salmon's shop, and on the other side of the road—they were going towards the Midland Railway Station, away from Salmon's shop—I followed and watched them—after a while Christmas left Dellar and Wright and walked on the other side of the way—the other two stood opposite Daniels's, the draper's, conversing together for a few minutes, and passed up the Patshull Road together through Bartholomew Villas into Bartholomew Road—Dellar was carrying this black bag—I saw Wright take this felt hat off his head, hand it to Dellar, who placed it in this black bag, and close the bag—Wright placed this pen behind his ear, and went into Kentish Town Road, closely followed by Dellar, and entered Salmon's shop without a hat, and the pen behind his ear, Dellar remaining about fifty yards behind, at the corner of Keely Street, on the same side of the Kentish Town Road, with the bag in his hand—Christmas was standing on the opposite side of the way, right opposite Dollar's—shortly after I saw Wright leave the prosecutor's shop hurriedly, and pass up the Kentish Town Road followed by the other two prisoners, one on each side of the way—Wright turned up Patshull Road, the other two followed about 20 yards behind him—he started running when he got into that road—I saw the manager and the boy running, and also the other two prisoners, after Wright, and I saw him turn at the top of the road to the left, into Bartholomew Road, then I lost sight of him—the other two prisoners turned sharply back into Kentish Town Road—at the corner of the Patshull and Kentish Town Roads Dellar handed the bag to Christmas, and Dellar went first up the Kentish Town Road, walking fast, and looking up every turning as he went, followed by Christmas close behind—I followed them till they got to Leyton Road, where they turned up, and went 300 or 400 yards and joined again, and turned back to come into the Kentish Town Road—I got assistance and took them in custody—I said "You will be detained on suspicion"—Dellar said "What for?"—I said "I don't know what for until I have made inquiries what you have done"—I went to Mr. Salmon's shop, ascertained from Baker what had occurred, and went in search of Wright—I found him in the Junction Road, about a mile from Salmon's shop, wearing a polo cap—I told him the charge and took him to the station—6l. 10s. in gold, 8s. in silver, 5d. in bronze, and this pen and penholder were found on him, and on Dellar 3s. in silver and 2d. in bronze; 6d. was found on Christmas, and he had this bag and a stick—they were all searched in the same room at the station and at the same
time—I opened the bag and said "Whose hat is this?"—Wright said "That is my hat."
Cross-examined by MR. GEOGHEGAN. I did not address myself to any one; another officer in plain clothes was in the room—when Dollar was taken he said "What am I charged for?" and when he was charged, and they were all together, he said he did not know the other prisoner Wright—after he was charged Dellar asked me to go to Mr. Evans, a draper in Oxford Street, to make inquiries as to his character—I went there and inquired, and found he had been working there, and Mr. Evans gave a satisfactory account of him; he left of his own accord; Mr. Evans had no charge against him—Dellar gave his address—I went there next day, on the Sunday, and searched his room—I do not produce anything—when I first saw them they were walking together, they did not join one another—there was a large heap of paving stones alongside the road, and they went behind that to change the hat—any one coming along the same side of the road must have seen it—it was Bartholomew Road, leading into Bartholomew Villas—there were houses on one side and the garden of the public-house on the other—they were fifty yards from the public-house—Wright walked 50 or 70 yards bareheaded, a little in advance of Dellar—I did not see Christmas till I got into Kentish Town Road, and then I saw him on the opposite side—he remained there while Wright and Dellar went round together into the Bartholomew Road—Wright was in front after he had taken his hat off.
Cross-examined by Christmas. You gave your right name and address, and every facility for ascertaining your character—I cannot say I found it satisfactory—I went and asked several people you mentioned to come and speak for you, and they said they had better keep away, as they could do no good—they did not say anything against you; what I heard was satisfactory so far.
Re-examined. I found Dellar worked for Mr. Evans from October 23rd, 1882, to May 30th, 1883.
SAMUEL BULL . I am ledger-keeper at the Imperial Bank, Lothbury—this cheque is on one of our forms—we have no customer named C. Saunders, or anything corresponding to it—I find that we issued a book which contained this cheque to Mr. John Davis, of 183, Mile End Road, in 1873—I believe he is now dead—he drew his last cheque on May 29th, 1874. (The witness was referring to certain notes he had made from the books. MR. GEOGHEGAN objected on the ground that the books might have been brought into Court, as these transactions occurring 10 years ago, the books would not now be in use, or failing their production a certified copy should have been made. The COMMON SERJEANT ruled that as the witness was giving evidence of what he knew was there written it was admissible, but took a note of the objection.) I know his account has been closed for some considerable time—I have been in the bank four years—I did not know his writing.
Cross-examined by MR. GEOGHEGAN. I do not know how long he has been dead—his account was closed in 1874, before I came to the bank—there are two branches of the bank in London, one at Westminster and one at South Kensington—I am ledger-keeper at Lothbury—that does not include the Westminster and South Kensington accounts—I do not know if there is a customer named Saunders at either of those places, but if there were he would draw cheques on a different form—the clerk may be a
cashier now who made the entries—the name and address as I have it in my copy stands so in the ledger at the top of the account—this is not an exact copy; I have taken it from two books.
Christmas, in his defence, stated that Dellar was a friend of his, and that on the Saturday he went to have tea with him, and there met Wright, who said he had business in Kentish Town Road, and they all went there together. He denied having seen Wright take his hat off, and asserted that Dellar asked him to hold the bag while he wiped his face, and that that was all he had to do with it.
CHRISTMAS— NOT GUILTY .
DELLAR— GUILTY .— There were two other indictments against him for forgery.— Eighteen Months' Hard Labour.
OLD COURT.—Friday, August 3rd, 1883.
Before Mr. Recorder.
741. THOMAS CLAY (43) PLEADED GUILTY to forging and uttering a cheque for 10l. 1s. 6d.; also the endorsement to an order for 4l. 19s. 9d.; also to embezzling 10l. 7s. 6d. and other sums of Smith, Paterson, and Co., Limited, his masters. He received an excellent character.— Three Months' Hard Labour.
MR. GRAIN Prosecuted.
JOHN ARMITAGE BEAUMONT . I live at 12, King Square, Goswell Road, and was in the public-house business—on 29th May I inserted this advertisement in the Daily Telegraph, and received two answers—I went in consequence of one to 63, Finsbury Pavement, the office of the British Provident Association, Limited, and saw the defendant—I told him I had called in reference to the letter I had received from him, and asked him what the situation was—he said to be a clerk in the office, that they were doing a very large business and should be doing more very shortly, and that I should have to pay a deposit as security, as I should have a certain amount of money through my hands every day—I asked how much I was to deposit—he said about 30l., and that my salary would be 2l. per week, payable every Saturday—he said there was going to be a Board meeting on Friday—I then left and wrote to him, and received this reply: "May 31st. Kindly call here to-morrow morning (Friday) in reference to the situation"—I called on June 1st. and the prisoner said that it rested entirely with myself, as he thought the other applicants were not suitable—I asked if he could make the deposit 25l.—he said "Yes"—I paid him 25l., and he gave me this receipt (Signed "H. Graham, Manager")—he said that he had several collectors over London and the suburbs—he asked for references, which I gave, and entered on my duties on 4th June—there was no business, no sales, and no cheques for me to receive or cash—the prisoner handed me this agreement (produced)—I remained six weeks—I only got 2l. 10s. of my salary—the office was not closed while I was there, but a petition was filed and I received it—I asked him several times for my salary, and he said he would settle it next day, when he expected a gentleman to come—I spoke to him about the petition, and said that if I had known that was going on I should have had nothing to do with the affair—he said that I was not to take
any notice of it, as it would be put on one side and settled, and I should get my money in full—he asked if I could induce any of my friends to put money in—I said that I could not think of doing that till I got settled with myself—I looked at the company's books, and nothing had been done since April—adding up the amounts that they took, including 25l. deposit from different people and myself, their takings amount to about 120l.—I have never got my money back—I believed his statement with regard to the company, and parted with my money because I thought I was going to get into a good situation.
Cross-examined by the Prisoner. I did nothing while I was there—I did not send out 300 prospectuses—I addressed some, and took out about 15; of them—I do not know that one of my witnesses has got a suit of clothes on belonging to the association—I know that after 21st June, when the company got into difficulties, you were directed to stop payment of all wages—40 clerks were started to occupy their time, but no business was done—you referred to the shareholders' register, but you did not let me look at it, you turned it over too quick—these invoices (produced) are before my time.
THOMAS HUGHES . I live at Mildmay Park—I was engaged at the British. Provident Association in January this year—I knew Mr. Proud, the previous manager—the defendant was, I believe, the vendor; he was engaged in the business after I went there, and I believe he was a shareholder—I was agent and collector—there was a little work to do—I believe there was a young fellow under notice the week that I went, and he left—I deposited 15l. at Mr. Proud's request, who said that he had consulted the directors—Graham was a director at the time—he directed me to do different things—I was there five months—I was not worn out with my labours—I did not get my deposit back or my salary—I did the whole of the work for the first few weeks, and was not very tired at night—wages were due to me when Beaumont came, and I had asked Graham for them many times; he said that he expected a gentleman in a few days, and he would then give me my money—I went day after day—he said "I am very sorry, Mr. Hughes, I have no money to-day," and day after day the same little tale was told—I got 1l. after Beaumont came—I was canvasser—I got many orders, but they were never executed—one of the things I canvassed for was the shilling share fund. (The RECORDER here examined the list of directors, and asked for the certificate of registration, which was produced.) I never got any of my money back—I was not engaged by the prisoner.
Cross-examined by the Prisoner. I did not see you the first week I was there; I don't know about the second—I did not pay the 15l. to you—I had my portrait taken at your request; it was in oils—that was to show to people—I said that it was such a bad portrait that people would not have them.
FRANCIS SALE EDWARDS . I live at 41, Farmer Street, Berkeley Square—I advertised, received a letter, and went and saw the defendant, who said that he had a vacancy, for a collector—he had an elderly man after it but wished for a younger one, and wished for some security, and I could either take shares or pay down a deposit, but the directors would rather I should pay down cash—he said that the business was very small then, but it would be larger, and I had to collect deposits from the members—this other young man had put down 50l., but he wanted 25l.
only—I said that I could only put down 20l.—I entered into an agreement with him, and Mr. Prout signed it—I was to receive 2l. salary, and 2 1/2 on what I collected—I went my rounds but could not collect enough to get my salary—I was paid regularly for three weeks, and after that I used to get part of it—I never got my salary more than I collected—I collected on an average 2l. a week—I had a batch of accounts given me and collected the lot—I went on 6th March, and my notice expires to-morrow—I gave notice a month ago—I have done no fresh business since Beaumont came, only a suit of clothes which I had myself—I am going to deduct that—the company gave me an order to go to a tailor—they have an office but no warehouse—they deal in anything—they got name articles from Wortley's, where the presses came from, and some from Brady's, the tailor's, in Seven Sisters Road—I believe they paid for the goods—Mr. Swift was there in my time; he was a collector—I did not canvass for orders, I only collected—there were seven clerks and canvassers between 6th March and now, and they all told me that they had paid deposits—I tried on my new suit of clothes, and they came to pieces next day—I had nowhere to call two or three days a week, and I did nothing.
Cross-examined. You were not manager when I first went—it is a fact that I applied for 10l. of my deposit to be turned into shares, but not because I was satisfied with it—I afterwards applied for five more shares—I did so because you told me that the directors did not wish for such liabilities on their books, and I was to leave that day month; therefore you made a proposal to reduce the liability, and asked me to call and see you further—I did not wish to lose my situation, and I took the shares—you persuaded me to do it—after that everything went worse—about 15l. is owing to me for salary alone—I did not pay in cash for my shares; 12l. 10s. was transferred—there was an Order of the Court, and you told me to stop collecting—I once paid 3s. and once 8s. out of my own pocket for goods purchased for the association.
Re-examined. The meeting after which things went from bad to worse was the last week in April, after which there was no business at all that I know of, except my suit of clothes—Mr. Graham was always about the place up to 29th May.
STAFFOED WILLIAM VARDON . I was one of the directors of this company—I saw an advertisement in May asking for a director, went to the office, and saw the prisoner, who gave me to understand that the company was in a flourishing condition, returning between 6l. and 7l. per week, and they only wanted money to extend their business, and I was induced to take 50 shares and become a director—I parted with 37l. 10s., for which I hold receipts—I did not examine the books till I became a director—the business done in May was about 2l. a week in shilling subscriptions in respect to goods supplied before—very few orders were taken in May—there was a petition, but the Order of Court to wind up is not given yet—I know nothing of Beaumont's engagement—I saw him in the outer office, and said to Graham "Who is that stranger outside?"—he said "That is a new clerk"—I pointed out to him that there was no necessity for a new clerk, seeing that there was no business, and that he had no authority to appoint one, as any appointment of that kind should be laid before the directors—he said that it was the general custom of the office—I said that the articles of association should be strictly carried
out—I did not discover till June 8th that he had received 25l. on June 1st.
By the COURT. There was no banking account; the articles of association require that there should be one, and directly I found that there was not I proposed a resolution that every single penny received day by day should be paid into the bank, and that was carried—I cannot say that it was done, as I lived down in Hampshire, and only came up once a week for two hours.
Cross-examined. I was under the impression that the association was a bond fide one, and from what I can see it has simply sunk from the bad management of the previous manager, Proud—the simple object of my predecessors seemed to be to look for their salary, and their expenditure was more than their income—you did not say that you had appointed Beaumont because the other had resigned; I did not know that the other had gone—you did not explain at the directors' meeting what you had done.
Re-examined. I did not authorise him to write the letter, nor did I know that he had received 25l. from Beaumont on June 1 and given a receipt—there is no entry in the minute book that he had received it.
By the JURY. We had the cash-book at our ordinary meeting, but we could not gain any information from it, because it had not been entered up since March 31st—I proposed a resolution on the subject, and the books were posted up at the next meeting—we met generally every Friday—I know that the prisoner has lost about 250l. in the concern.
The RECORDER considered that it case unsuccessful, though genuine trading.
NOT GUILTY .
NEW COURT.—Friday, August 3rd, 1883.
Before Mr. Recorder.
MESSRS. BESLEY and GILL Prosecuted; MR. MONTAGU WILLIAMS defended Roemer, and MR. FILLAN defended Mainser.
ERNEST SCHWALACHER . I am in business with my brother, as diamond merchants, in Hatton Garden—I knew Von Boomer some time before June 12th—he came on 12th June, about 3 p.m., to buy diamonds—we showed him some, and he offered to purchase a parcel, and a bargain was concluded—he said that he had an order—we gave him an invoice, and he gave us this cheque (produced)—as he had no broker we allowed him 1l. per cent, discount (The cheque was for 449l. 19s., on the London and County Banking Company, Limited. Dated June 12th, and signed C. Von Roemer)—I handed him the parcel of diamonds, and he took them away—he was there about a quarter of an hour—I paid the cheque into our bankers the same afternoon—he came again the next afternoon, and asked if we had the cheque in our possession still, as it would not be met, he had no funds at his bank; that he bought the diamonds for a man named Mainzer, and handed them to him, and he promised him a cheque next morning, but he had not seen him since—I did not know Mainzer—he said that he was going to his private address to find him, and try and get the money—I told him to call at my
private house in the evening, 9, Duchess Street, Portland Place, and he came and told me that Mr. Mainzer had left his house, and he had not found him—I told him to come next morning at 10 o'clock to my office—he did not turn up, and at 11 I went to my solicitor—when I came back I found him there—he said that he had not found Mainzer, and had not provided for the cheque, as he had no money whatever—my brother and I went with him to Dispeck and Co.'s office, on Holborn Viaduct, to make inquiries about Mainzer—before going up, Von Roemer said that he had met Mainzer, who declined to give up the diamonds, he owing Mainzer money, he meant to stick to them—there was no such name there, and when I came down I found the prisoner Mainzer talking to my brother—I did not hear the conversation—the cheque came back from, the bankers marked "N.S."—we have never seen the diamonds since.
Cross-examined by MR. WILLIAMS. We have had four or five dealings with Von Roemer and for other people 700l., or 700l. in one single dealing, but not on his own account—I do not know that he has waited for other people to pay the money to him before he paid us—we do not bank at the same bank, ours is the London and Westminster—our books are here—we had a transaction with him on 21st September, 1881, for 72l., and in the same year one for 615l.—I most likely paid that cheque into the bank the same day, but it is two years ago—I do not know whether it was the prisoner's cheque—this (produced) is the prisoner's cheque for 615l.; referring to my book, I see that it was paid in the same day, September 30th—I do not know that that was a transaction depending on the purchase of a customer of his—I think he bought the diamonds for himself—I do not know that he is a kind of middle man buying goods ordered of him for third parties—on 3rd October we had a transaction with him of 322l.; that was paid by his cheque; it was paid into our bank on the 4th, and we got the cash—we had a transaction with him on the same day, 3rd October, for 794l.—I never heard of middle men buying from us and waiting till the money is paid in by a customer before he lodges the money to meet the cheque—there was a transaction on 3rd August, 1882, of 226l. 4s., which was paid by his cheque—a cheque has come back marked "Effects not cleared"—we continued to do business with him after that, and the amount was paid—both the prisoners wore charged at the same time before the Magistrate.
Cross-examined by MR. FILLAN. I had no conversation with Mainzer, it was my brother.
Re-examined. You have got all the transactions now with me and my brother—I must have paid in the last cheque for 226l. 4s. on the day I received it, August 3rd—that of 3rd October was afterwards paid in on 6th October, and it was then paid; I remember that Von Roemer said he had no funds; we consented to wait; it was subsequently met—there was no transaction from August 3rd, 1881, till June, 1883—we should never have parted with 600l. or 800l. of diamonds without a cheque at all—the transaction of 794l. was made void entirely; the goods were returned—we held his cheque while lie held the goods; we did not pay it into our bankers; the things were returned—I find that a cheque for 794l. was given because it was paid into our bankers and credited to us; all we got was that the cheque was credited to us while he held the diamonds—I do not find any return of that sum, but they lump the debits together—the goods were sold a short time afterwards; he bought
them, and we had paid one commission for sale from somebody else, and it turned out that he had bought the goods from the very man who we bought them of, we not knowing who he had bought them of; when we found that out the man said "I have bought my own goods"—we returned the cheque—I do not find here a cheque for 1,024l. 7s. given to him by us on 3rd October, 1881—the cheque for 794l. did not go into Von Roemer's pocket. (The cheque was here produced)—this money was not returned to him, it was returned to the man to whom the goods belonged; it was the owner of the goods who got the money—I do not find how the cheque got back to Von Roemer, it was quite a peculiar transaction—the owner of the goods is credited in the ledger with 794l. 4s. 4d.—there was no open account between Von Roemer and us after 4th August, 1864.
By the COURT. There was some little negotiation about the price of the diamonds, and then we agreed to a price, and I agreed to sell them—I gave him an invoice, and he gave me a cheque.
SIEGFRIED SCHWALACHER . I was present on 12th June when Von Roemer came—he said he wanted to buy some diamonds; it was bargained I out, and it was said that it was a cash transaction—he did not mention Mainzer—he gave a cheque before the diamonds were delivered—we should not have parted with them without the cheque—next day, or the day after, I walked to Messrs. Dispeck's and stood outside with Von Roemer; outside Mainzer came up, and Roemer said "This is Mainzer"—they spoke together and I was drawn into the conversation—Mainzer said "Roemer, you have got me into a nice mess; I have given a cheque for those diamonds and you have not paid me"—he said "Well, what has that to do with me? you owe me money, and I bought those diamonds from you, and I intend to get covered;"—I said to Mainzer "You have no right to take those diamonds, they belong to us"—he said "I am very sorry, but I wanted to get covered; Roemer owes me money"—he took me aside and I said "How much?"—he said "About 300l."—my brother then came down and we left—I heard Mainzer say before the Magistrate that he gave Roemer a cheque for 30l. on the day of the purchase of the goods.
Cross-examined by MR. WILLIAMS. I asked Von Roemer to go with me to my solicitor, Mr. Wontner, and we went, but did not see Mr. Wontner.
Cross-examined by MR. FILLAN. Mainzer answered my questions in a straightforward manner.
ARTHUR BLACKEN . I am a clerk in the Holborn Branch of the London and County Bank—Von Roemer had an account there, and on 13th June this cheque was presented for payment—there was then 3l. 9s. 10d. to his account—this is a copy of it from our ledger—50l. was paid in on 7th June and taken out the same day—the last payment in was 3l. 10s., on 12th June, and the last before that was 3l., on 2nd May—Mainzer had also an account—his brother had been a customer, and he had permission to use his brother's unfinished cheque-book—this is a copy of Mainzer's account—the first entry to his credit is April 1, 1883, and the last 18th June—he paid in 108l. 5s. 7d. on 15th June—we have now only 3l. 9s. 6d. to his credit—no cheque for 30l. is charged against his account to Von Roemer—the largest cheque to Von Roemer is 3l. 10s. on 12th June—he had no former account with us.
Cross-examined by MR. WILLIAMS. Von Roemer was in the habit of giving cheques and paying in sums to meet them.
Cross-examined by MR. FILLAN. Cheques were drawn last year on his brother's account in favour of Von Roemer for 37l. 16s. 9d. on August 6th, 226l., on August 4th, 350l. on August 17th, 160l. on August 19th, and 124l. on August 20.
Re-examined. The signatures on this file are Mainzer's writing.
The COURT considered that there was no case against Von Roemer, and MR. BESLEY consented to a verdict of acquittal, and said he would call him as a witness.
VON ROEMER— NOT GUILTY .
CHARLES LONGMAN . I am a clerk in the London Bankruptcy Court—I produce the file of proceedings in liquidation by arrangement, dated 9th March, 1878—the resolution was registered on 30th April and a trustee appointed—it is signed by the majority of creditors—it is still open—there is no order of discharge—it does not mention any dividend—the last examination on the file is in June, 1878—the indebtedness is 5,929l. 10s. 3d. and the assets 2,000l.—there has been no dividend.
Cross-examined by MR. FILLAN. There is not an entry of 3s. 6d. as a dividend; that would not be on the file.
CURT VON ROEMER . Three or four days before 12th June I went to Mainzer—he told me he wanted to buy a parcel of bi-water diamonds as he had done before, and told me to look about and see if I could buy any—he did not say that I was to go to Messrs. Schwalacher—he did not know that I was going there—he told me the amount I could go to, but there was no limit to the amount I was to lay out; I used my own judgment in selecting the diamonds, and I went immediately to the office he used at Holborn Viaduct, Messrs. Dispeck's—that is a short distance from Hatton Garden—I handed the diamonds to him and said "I have bought these diamonds for you"—he looked at them and asked me how much I gave for them—I told him the price and produced the invoice—he said "All right, I will give you a cheque for it in the morning"—I had given my cheque—I knew that I had only 3l. at the bank when I gave it, but I knew it would not go in till next morning—I always pay the money in next morning—I relied on his cheque to meet mine—I did not take back the diamonds because I had known him such a long time, and I believed he would give me a cheque next morning; that induced me to part with the property—he was to come to Hatton Garden at 10 o'clock next morning—I went there, and went up to Dispeck's office, but did not see him that day at all—I met him on the second day, the 14th, at Hatton Garden, and told him what a state I had been in, and told him to give me a cheque and square it up—he said that he would not because I owed him some money—I had been buying for him and loosing and he wanted me to make it up—I do not know where the diamonds are now—I handed them over to Mainzer and have not seen them since—I heard Mr. Fillan say in Court that they would be restored to the owner.
The RECORDER considered that there was no case against Mainzer.
NOT GUILTY .
EDWARD GEORGE BUSH . I am a stage carriage driver, and live at 5, Idonia Street, Westminster—on 19th July, about 25 minutes to 1 a.m., I was in Victoria Street, and asked a gentleman whether I was in the direction of Westminster Bridge—he directed me, and the prisoner volunteered to escort me—we came to a by-street, and he said, "That way, that is the nearest way"—I declined to go that way, as I then knew where I was—he said, "You will have to come"—I refused—he took me by my arm and neck, and being the worse for liquor he dragged me about 30 yards into a court, where he threw me down and struck me—I struggled, and he kicked me on my back, and put his hand in my waistcoat and trousers pocket—I called out, and found a hand over my face—I saw another man, but cannot recognise him; I heard his voice, and caught hold of his leg—I heard two voices; one said, "There is an old copper on the point"—a man came to help me, and I saw the prisoner strike at him and then confront him—the prisoner's back was turned to the man kneeling over me—a policeman came in sight, and the two men went away—I missed 27s.; there were two half-crowns, three florins, and the remainder in shillings—it was six days' wages at 3s. 6d. a day—the prisoner is the man.
Cross-examined by the Prisoner. I was drinking in the Shakspere with two women, but I did not go down a little by-street with them—I was a little the worse for liquor—when you wanted me to go down the turning I said, "I know my way now."
THOMAS MORGAN . I am a joiner, of 71, Horseferry Road—on 19th July, about a quarter to 1 a.m., I was in Horseferry Road, and round a by-turning saw the prisoner and another man—they had Bush down—I said, "What is the matter?"—he said, "They won't let me go"—I said, "Where do you live?"—he said, "At Deptford"—I said, "I am going to the Old Kent Road, I will see you part of the way"—the prisoner and the other man left go of him—the prisoner said, "What has it to do with you? we are going to see him home"—I clung to the prisoner, and he made a stroke at my cheek—he tried to edge me away—I kept him at arm's-length—he then tried to kick me, and they both run away—two policemen pursued them, and I saw the prisoner brought back.
Cross-examined by the Prisoner. You had 100 yards' start of the policemen—two more witnesses gave evidence at the station, but they could not spare time to come here.
EDWARD BURBAGE (Policeman V 247). On the morning of 19th July, about a quarter to 1, I was on duty in Victoria Street, and saw the prisoner and another man whom I knew well—they had got Bush down and were trying him about—I saw the prisoner strike Morgan and kick him—the prisoner ran through Pear Street—Bush said, "That man has robbed me"—I went after him, caught him in Peter Street, and said, "You are wanted at the corner"—he said, "What for?"—I said, "I have received information that you have robbed a man"—he said "No"—I took him to the station—his pockets had no bottoms to them—the other man got away.
Cross-examined by the Prisoner. I was about 10 yards off when Bush called out, not 50—I did not tell you to go away, I had not the chance.
Re-examined. He was running when I saw him—I saw him walk from
Bush to Morgan and deliberately strike him and kick at him—I saw his face.
Prisoner's Defence. I was going home, and he came after me and accused me of robbing the man. I turned my pockets out, and showed him that I had no money. I had had a drop of drink, but knew what I was about. The other man offered to fight me, which was the reason I stopped.
GUILTY .— Nine Months' Hard Labour.
The JURY stated that they thought Morgan ought to be commended, in which the COURT concurred.
THIRD COURT.—Friday, August 3rd, 1883.
Before Mr. Common Serjeant.
MR. HICKS, for the Prosecution, offered no evidence against Howard, and proceeded against Kelly for robbery only; MR. PURCELL appeared for Kelly.
TOM CAVEY . I am a fireman, living at 17, Bennett Road, South Lambeth Road—on the evening of 23rd June I was standing outside a urinal near St. James's Park Station, waiting for a friend—I was wearing a watch and chain attached to my buttonhole—Kelly came up, snatched the watch and chain away, and ran away—I ran after him about 150 yards, about six yards behind him all the way—I sang out "Stop thief!" just before he was apprehended—he ran up the street towards the Aquarium, crossed the road, and was apprehended right opposite the place where he took the watch from on the opposite side of the road; he had doubled back—I did not lose sight of him till he was stopped—I charged him with the theft—he said "You have made a mistake," or something to that effect—he was taken to the station—there was some trouble going there, but Bunce did not lose hold of him—I have not the least doubt Kelly is the man—he did not hit me.
Cross-examined. It was done in a moment—he was quite a stranger to me—it was about 12 o'clock—I was with one friend—there was nobody else near—there were plenty of people about, but he did not run near them—I am certain there was nobody on the pavement where he ran——my friend remained in the urinal; he came up when Kelly was apprehended—nobody got between ma and Kelly, I am certain—there might have been a cab or two in the center of the road; I could not say—there is a cab rank there—he was caught between the kerb and where the cab rank is—I will not be certain if I said "I have lost my watch and chain," or if the prisoner then said "Is this the chap that took it?"—I certainly did not say "I think so"—I am not aware that I said to the prisoner "Give me my watch and chain"—I was as sober as I am now—Kelly said "What do you mean, sir? I have not got your watch and chain," or something to that effect—I am not aware that I said "Oh, he has thrown it away"—he said to the policemen "It is a nice thing to run and see what is the matter and get charged with the theft," or something to
that effect—I am not aware the policeman said that he Could not help it, and that the prisoner must come and see what the inspector would do—I was a few yards behind when the policeman took him through Broadway—I did not hear him say "Where is the prosecutor gone?"—my friend came to the police-court and asked me if this was the man that stole my watch—I said "G—d—it all, yes"—I was rather excited—the streets in which the Aquarium and station are, are not particularly well lit—I did not see the man's face at all; he held his head down—he never got out of my sight—he tried to make me believe I had made a mistake—I do not believe I have.
Re-examined. Kelly was the only one running in front of me; there was nobody running between us—if the words put to me had been said I should have heard them.
EDMUND BUNCE (Policeman B 104). Early on Sunday morning I was in the Broadway, Westminster, and heard cries of "Stop thief!"—I looked round and saw two or three people running, the prisoner first—I ran after and stopped him—he said "What is the matter? I have done nothing; I have not taken anything; let me go"—he said it twice—Cavey came up directly after and charged him with stealing his watch from his pocket—his waistcoat was open—Kelly said "I have not taken your watch; I have only just come up the street"—no one was between Cavey and the prisoner when I stopped him—I took him towards the station—I had a great deal of trouble to get him there and had to call assistance—he was searched there but nothing was found on him—he was out of breath when I stopped him—Cavey appeared sober.
Cross-examined. Kelly was running towards the Aquarium when I stopped him—I am certain his face was turned towards the Aquarium—two or three persons were running behind—there were numbers of persons in the direction from which he had run—he did not pass anybody after I heard the cry of "Stop thief!"—I stopped him about a minute after I heard the cry, hardly that—I had not noticed him before I heard the cry—I saw him come from the direction of the urinal—Cavey was nearest him; he was a few yards behind—some people came round after I caught him—I did not take a note of what the prisoner said—I might have said "What is the matter?"—he replied "Oh, nothing; let me go; I have done nothing; I have not taken anything"—Cavey came up and said substantially "Have you got him, policeman?"—I did not say "I have got this chap; what have you lost—I said "What is the matter?"—he said "He has stolen my watch"—I swear I did not say "Is this the chap that took it?" nor did he say "Yes, that is the man," and followed behind to the station—he said "It must have been thrown away if he has not got it"—I did not hear Kelly say "It is very nice to run to see what is the matter and then to get charged with theft"—I did not say "You will see what the inspector will do"—on the way the prisoner asked where the prosecutor was and tried to get away—I was holding him with my hand in the end of his handkerchief—my knuckles were not in between that and his neck—afterwards brickbats were thrown and I was knocked about by the crowd, and there was some rough usage, and I charged Howard with assaulting me—I did not hear Kelly say it was a mistake.
Re-examined. I stopped Kelly four or five yards off the kerb, close to the cab-rank.
By the COURT. He was running away from me; I was on the pavement; he came from the side of the cab-rank.
HOWARD—NOT GUILTY. KELLY— GUILTY of larceny.
MR. HICKS Prosecuted; MR. PURCELL defended Kelly.
EDMUND BUNCE . I took Kelly in custody—on the way to the station, when we had gone about 50 yards, he began to resist me and tried to get away—he kicked twice at my legs—a crowd assembled, and amongst them Howard, who got hold of Kelly, and said "Let him go"—he meant to hit me, but hit Kelly at the side of the face with his fist—Kelly said to me "What did you hit me for?"—I said "I have not hit you," and immediately I received a blow on the side of my face and jaw from Howard—he said to a lot of roughs round "Rescue him, rescue him"—they hustled me and tried to get me down—I saw a corporal and two privates amongst the crowd, and I called on the corporal to assist me—he came directly, and with his and the police's assistance I got Kelly to the station—Howard ran away directly after he struck me—I said to Policeman 282 "Run after him," and he went and caught him, and he was brought to the station and charged with assaulting me.
Cross-examined by MR. PURCELL. They were violent kicks at my legs—he has not got very heavy boots—he asked me to show the inspector if there were any marks—there were none.
Cross-examined by Howard. There were 15 to 20 roughs round me—you struck me when they were round—I swear to you.
Re-examined. I had Kelly in my custody on a charge of larceny.
CHARLES BURT (Policeman B 282). I came up when Kelly was being taken to the station by Bunce, and in consequence of what Bunce said I stopped Howard, who was on the spot at the time, going towards the Aquarium—I took him to the station; he did not assault me—there were 30 or 40 people hustling Bunce about.
FRANK HART . I am a corporal in the 2nd Battalion Grenadier Guards—on the night of 23rd June I was in the Broadway, Westminster, and saw Kelly in the hands of the police—I was called upon by the constables and prosecutor to come to their assistance, and I went and relieved them—I did not see Howard there, only Kelly.
Witnesses for Howard.
MRS. MACKESAY. I sell flowers in the street—on 23rd June, about 12.20, I was coming home and went into a fried-fish shop in Strutton's Gardens, Victoria Street—Howard was there and followed me out—there was a large crowd coming from the Broadway, and Howard ran and I ran too towards the crowd to see what was the matter—the policeman pushed Howard, and said "I will give you into custody for rescuing if you don't go out of this"—Howard did not touch the policeman nor kick him—he said" What am I doing?"
Cross-examined by MR. HICKS. I know the time, as I was out selling, and I did not leave the Strand till 12; it was not less than 20 minutes past;
it might have been more—I did not follow him to the station—I was in the fish shop about five minutes—I had not seen Howard before a quarter past—he was there when I came in.
Howard produced a written defence stating that Kelly was a stranger to him; that he came into the Broadway and saw a crowd, and while standing there a constable rushed among the crowd which ran in all directions, and he ran at well, and the constable took him.
KELLY— GUILTY . He then PLEADED GUILTY** to a previous conviction of highway robbery in October, 1881.— Two Years' Hard Labour. HOWARD— GUILTY .*— Nine Months' Hard Labour.
Before Mr. Recorder.
747. ARTHUR HOLLIS (47) PLEADED GUILTY to three indictments for embezzling 10l., 9l. 10s., 7l., and other sums of Edward North Buxton, his master. Recommended to mercy by the prosecutor.— Twelve Months' Hard labour. And
The prisoner having stated in the hearing of the Jury that he was
GUILTY , they returned that verdict.— Eighteen Months' Hard Labour.
Before Mr. Common Serjeant.
Before Mr. Justice Williams.
MESSRS. POLAND and HORACE AVORY Prosecuted; MR. GEOGHEGAN Defended.
GUILTY .— Ten Years' Penal Servitude.
Before Robert Malcolm Kerr, Esq.
Before Mr. Common Serjeant.
753. WILLIAM HART (31) PLEADED GUILTY ** to stealing a gelding, a cart a set of harness, and twelve dead fish, the property of James Quilter; also to stealing a gelding, cart, set of harness, and 26 loaves, the property of Stephen Jobbins.— Nine Months' Hard Labour.
754. SARAH ANN BURNS** (44) to stealing two pieces of print, the property of Ann Houghton after a conviction of felony at Wakefield in 1874.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.] And
755. AMOS MERRITT** (19) to stealing a cash box, a cheque for 6l. 18s. 9d., postage stamps value 5s., and 1l. 2s. in money, of James Cook, after a conviction at Clerkenwell in April, 1882,— Two Years' Hard Labour. [Pleaded guilty: See original trial image.]
AMY PRATT . I am the wife of Daniel Pratt, of 43, Bush Road, Rotherhithe—on 6th July, about 11.30 p.m., these two coats (produced) were hanging up in the hall—my husband went out for two minutes, leaving the door open—I heard a muffled step in the passage, and said "Is that you Dan?"—there was no answer—I went into the passage, and saw the prisoner putting the coats under his arm—he ran out before I spoke—I ran after him, calling "Stop thief," and never lost sight of him till he was arrested—no other man was running—I heard him say "Let me set up: I know I have done wrong; I shall have to suffer for it"—he said at Greenwich Police-court that he picked the coats up outside the gate.
Cross-examined by the Prisoner. I saw another man standing in the road but you are the man who was in the passage—I don't know what became of him, I kept my eye on you—I saw you inside our house I did not see your face; your back was to me, but I never lost sight of you till I saw you stopped.
CHARLES WOOD . I am a moulder, of 3, Deadman's Road, Rotherhithe—I heard a cry of "Stop thief," and saw the prisoner running with the clothes under his arm about 200 yards from the house—he dropped them when he saw me coming towards him—I and others caught him—he struggled, and tried to get up—he said "I own I have done wrong; I must suffer for it"—I saw no other man.
ARTHUR MAY (Policeman M 280). I saw Wood stop the prisoner—he said "I did not steal the things; I picked them up and ran after the other man"—on the way to the station he said "I wish I had never touched the things."
The prisoner, in his statement before the Magistrate and in his defence, said that he saw a man run out, and a woman after him calling "Stop thief", and made a catch at him, but caught the clothes instead.
He then PLEADED GUILTY** to a conviction at Greenwich in June, 1882.— Eighteen Months' Hard Labour.
MR. PURCELL Prosecuted.
DAVID HORLOCK . I am a builder, of Carlisle Road—I signed this cheque (produced) in my father-in-law, Mr. Brettle's, cheque-book in blank, he banking at the same bank, and gave the book to him—the rest of it is not written by my authority—I do not know the prisoner.
CHARLES BRETTLE . I am a provision dealer, of Forest Hill—I lost a cheque-book about January with a cheque in it signed by my son-in-law, but not filled up—I did not write anything on it, or authorise any one to do so—I gave information at the bank.
JAMES NICHOLLS . I am a dealer, of Charlton Place, Deptford—about 27th January the prisoner brought me this cheque for 2l. 10s. (Dated February 4th)—he said that he took it of a gentleman for some work, and would I change it for him—he owed me money, and I gave him 23s. and took the cheque—I took it to the Forest Hill branch bank, and they told me to take it to a gentleman who kept a banking account, which I did, and it was returned to me marked as it is now—I cannot read or write, and I cannot say whether I took it before or after February 4th.
Cross-examined by the Prisoner. I have lent you money, and you always paid me—you could have had 20l. of me that night if you liked—we have had dealings since this cheque—I always found you honest.
FREDERICK FORTH (Police Sergeant R). On 30th February I served a summons on the prisoner; I read it to him—he said, "All right, I can prove where I got it from"—he was committed for trial at the April Sessions, and admitted to bail—he surrendered, and the case was postponed to the May Sessions, when he was let out on bail again, and did not surrender—a certificate of the indictment was issued, and I apprehended him when at Deptford last Monday morning—I read the warrant to him—he said, "All right."
Cross-examined by the Prisoner. You said that you had been laid up—I know nothing dishonest of you.
The Prisoner called
JOB NICHOLLS . I am the brother of James Nicholls, and am a dealer—I have taken cheques from you, and always found you honest—if my brother had not believed you honest be would not have cashed the cheque.
By the COURT. Some of the cheques were on the Lewisham Bank and some at Cornhill—I have lent the prisoner 40l., and 5l., and different sums, and he always repaid me—he is a master carman, and he had five horses of mine.
Prisoner's Defence. I took a few cheques, and always found them all right. I sold a horse and two sets of harness for 3l. 15s.; the man pulled out a cheque-book and gave me a post-dated cheque. I took it to the prosecutor, who said, "You owe me 50s., I will give 25s. "I thought it was fair and honest.
NOT GUILTY .
Before Mr. Justice Williams.
MESSRS. POLAND, MONTAGU WILLIAMS, and HORACE AVORY Prosecuted.
SUSANNAH WEBLING . (This witness being totally blind and deaf, Louisa Aldridge, a nurse of the Newington Infirmary, was sworn as an interpreter through the medium, of the deaf-and-dumb alphabet, each letter being indicated by pressure of the witness's fingers, she repeating each letter aloud, and so spelling every word of the questions addressed to her.) I lived with the prisoner—on 11st January we had some words, and he struck me in the right eye with his fist, and I have never been able to see since—we had words about a pair of boots—I said, "I think the least you might have done was to buy me a pair of boots"—he said, "You—, why should I buy you anything? what do I want with you, one-eyed old cow like you?"—I lost the sight of my first eye by him two years ago last July—Saunders was in the room on 1st January when he struck me in the eye—I and Saunders were quite sober, but the prisoner was not sober—I had lived with him between 16 and 17 years altogether—I was taken to the infirmary on 5th January; the prisoner and Saunders took me—he was not charged with this till 12th July—I did not charge him before because I thought he would have looked after me; he promised faithfully to do so—I tried to screen him in every way—he has ill-used me so many times—he neglected me brutally after this was done, never to come near me or anything.
Cross-examined by the Prisoner. I have been deaf for 20 years, but not so bad—I was blind more than 20 years ago, but I was able to see quite well since—I became blind through a cold—I bought a pair of boots myself on 1st January out of the 15s. you gave me.
Re-examined. There was a pot of beer and a half-quartern of rum in the room on this night—Mrs. Saunders had the rum, and we all three drank out of the pot of beer—the prisoner gave my little boy the money, and he went and fetched it—it was between 5 and 6 o'clock in the evening when the blow was given.
FANNY SAUNDERS . I live at 23, Tabard Street, Borough, the house where the prisoner lived—I have known him and Mrs. Webling about eight years on and off; I knew her as living with the prisoner—on 1st January I was in their company—they were then living at 3, Duke Street, Borough—I had been out with Webling—the prisoner came home with his money about 1 o'clock; he has a pension, which he receives every week—we all three had some drink in the house—in the afternoon they had some words about a pair of boots—the prisoner went out, and Webling and I went out and bought the boots—he gave her money—I don't know whether it was for the boots or not—we had two or three drops of rum and ale when we were out; I don't know how much—I don't know what time we returned; it was quite late in the afternoon part—the prisoner was there when we returned, lying on the bed—I can't say whether he was asleep or not; I think he was—I sat down on a stool on one side of the fireplace, and the prosecutrix sat on a chair on the other side—the prosecutrix became rather quarrelsome—she began at the prisoner—I was very much the worse for drink, and fell asleep—when I awoke the chair fell over, and she was on the floor lying a handkerchief up to her eye—the prisoner was still lying on the bed; the same as when he went to sleep—the prosecutrix was sitting on the floor—I don't know about sitting, I was so much the worse for drink that I can't say in what position she was in—I said "What is the matter with your eye?"—she said "I don't know how I done it, but it did not take much to do it, for I nearly lost the sight of it before"—she was deaf then,
but I could make her understand when she could see by the motion of the mouth—after this we all went to sleep again, at least I did, and about 2 o'clock in the morning I woke the prisoner up, and asked him to help get her on the bed; she was then sitting up—she was not on the bed—he said "Let her lie, for if we wake her she will disturb the house, she is such a violent temper"—she then had the handkerchief over her eye—nothing was said about it then—the prisoner said to me "You had better fetch the doctor to see about her eye"—that was in the morning before he went to work; it might have been 6, 7, or 8 o'clock—I went to Stones' End, and stated the case to the relieving officer as an accident—ultimately Dr. Evans came, and by his orders she was taken to the infirmary—she said to the doctor in the prisoner's presence "I either knocked it against the table or the corner of the mantelpiece"—after she had gone to the infirmary I was backwards and forwards to the house, not living there altogether—she asked me when she left to look after her child, a little boy six years old—his father, the prisoner, kept him, and I used to look after him.
Cross-examined. The prosecutrix asked you to buy her a pair of boots, and you said "You have got the money; cant you buy them?"—you did not say in my pretence "You one-eyed old cow; why should I buy a pair of boots for you?"—I believe she told the doctor that she was very drunk—she did not accuse you of striking her in my presence.
Re-examined. After the prisoner had been taken into custody I went to see him in the House of Detention—I afterwards saw the detective—I told him I should speak the truth, nothing else—I did not say that I did not intend to say anything against the prisoner because he had promised to look after me, and be good to me.
THOMAS EVANS . I am surgeon to the M Division of police—on 5th January last, in consequence of an order from the relieving office I went to see the prosecutrix at 3, Queen Street; that is close to Duke Street—it was a house in which several people were lodging—I think the prisoner was there and a young woman; I could not say whether it was Saunders, it is so long ago I forget—I examined the woman—I found that the eye was very much injured; the eyeball had a wound in it, and she seemed suffering a great deal—I believe she was blind in the other eye at the time—it was a serious case, and I ordered her immediate removal to the infirmary—I have no distinct recollection of anything that was said by her at the time—my attention has only been recalled to the case within the last few days—I think perhaps I ought to say in justice to the prisoner, that if he had been accused of having done it I should have considered it my duty to have commuicated with the police—it was hardly such a blow as could have been Inflicted with the whole fist; with the knuckle probably—it must have been done with some pointed instrument, some projecting instrument, something projecting into the eye—she had not what might be called a black eye—the injury was to the eyeball and the eyelid—it was such an injury as might be caused by falling against the corner of a table or against a mantelpiece.
NOT GUILTY .
There was another indictment against the prisoner for feloniously causing Grievous bodily harm, upon which no evidence was offered.
NOT GUILTY .
Before Mr. Recorder.
MESSRS. POLAND and HORACE AVORY Prosecuted; MR. WARBURTON Defended.
NOT GUILTY .
MR. HICKS Prosecuted; MR. BURNIE Defended Charles.
THOMAS WOODS . I am a gardener, of Bath Cottage, Marron, near Guildford—on 10th July I was at the Crystal Palace with my wife, and had a silver watch and chain in my waistcoat pocket and one button of my coat fastened—the chain could be seen—as I was looking at the monkeys the prisoner Charles pushed against me; he had a blue serge coat and a red handkerchief like this (produced)—I saw his features—when I felt him pushing I looked down, and my watch was gone and my chain hanging down—I seized him and saw him trying to pass something to Anderson, who was standing close to him, and I saw my watch in Anderson's left hand—I left go of Charles and collared Anderson just as he was leaving the monkey-house—he stooped down slightly, and when he stood up again the watch was not in his hand—a constable was at the entrance, and I gave him in charge—he said "I am innocent"—two boys were there, and one of them said "The watch is put between his legs"—he said "I never had it"—I have not seen it since—I gave a description of Charles, and on the next Saturday I picked him out from six or seven others about his size and age at Gipsy Hill Police-station—he had not a red handkerchief then, but the same as he has now—he said that I had made a mistake—he did not say where he was on the 10th—I am positive he is the man.
Cross-examined by MR. BURNIE. There was a great crowd round me at the monkey house—the transaction did not take a minute.
WILLIAM MORLEY CROFT . I live at 55, Sayford Place, Oxford—on 10th July I was at the Crystal Palace in the monkey-house, and saw Mr. Woods close to Anderson, who put something between his legs; I cannot say what it was—I did not notice Charles.
HENRY ALLEN (Policeman M 88). On 10th July I was on duty at the Crystal Palace at the monkey-house, and Anderson was given into my custody for stealing a watch—he said "I have not got the watch; I know nothing about it; you can search me"—I did so, and there was no watch.
ROBERT BOULBY (Police Sergeant G). I received information, and saw Charles standing at the corner of Golden Lane wearing this red handkerchief—he answered the description, and I watched him; he crossed over Old Street, went into a shop, and bought a collar; I lost sight of him,
and when I saw him again he had the collar on, and the rod handkerchief was sticking out of his breast pocket—I took him in custody.
Witnesses for the Defence.
MARY ANN LLOYD . I live at 6, Tree Court, Whitecross Lane, St. Luke's, and am keeping company with Charles—on 10th July, about 2 o'clock, we went out together; I was in his company about half an hour and then left him, and met him again after I had had my dinner, about 2.30, and we were together all day—we went up Shoreditch, and I went with him to Mr. Solomons' in Barbican, where he bought a coat for 13s.—this is the bill they gave him (Dated 10th July)—he left me about 10.30 p.m.—we did not go to the Crystal Palace that day.
Cross-examined. He did not wear a red handkerchief; he never wears a handkerchief at all—he is in black now for my father—I see this handkerchief; he had it given to him on 10th July—we went to Mr. Solomon's shop about 2.30; it was after dinner—he wore the coat that day, and gave it to me in the morning to mind for him—I have never lived with him—he lives at 37, Cherry Garden Road—I first heard of his being in trouble about 9 o'clock on Friday night, the 13th—his mother told me—he lived in the neighbourhood, and it soon got round—I first gave evidence last Saturday—I got this bill on 10th July; I went to ask for it—he did not put the coat on in the shop, but in a public-house—I waited outside while he got it—the bill got so dirty that when he was in trouble, on the 14th, I went to Mr. Solomons, and asked him to give me another—he copied it, and then I tore it up—I wanted a fresh one because we had been writing on it and putting work down on it—I first went to the police-court on the second hearing, 28th July—I was there every time, but I was not called—I had got the ticket with me—I gave it to the solicitor the first time I went, 14th July, the same day that I got the fresh ticket—it was in the solicitor's possession on the 14th, when it was quite new—I said in my evidence before the Magistrate that the receipt I produced was the one that was given to him at the time—I did not tell the Magistrate that it was a fresh one, because I was not asked, but I told the solicitor—I do not know Anderson.
WILLIAM ROSS . I am manager to Mr. Solomons, a tailor, of Beach Street, Barbican—on 10th July, between 1 and 2 o'clock, Charles came in by himself and bought a coat, and went away by himself—a bill was given him by the governor.
Cross-examined. I did not see the bill given; I was rather busy—I did not see the girl come afterwards and ask for a fresh one—if a gentleman loses a bill we sometimes give another—it was nearer 2 than 1 o'clock when he came—it might be a quarter or 10 minutes to 2—he had not a red handkerchief on; he was dressed in a black tie and coat—Mr. Solomons is not here; he served the coat and I folded it up; the parcel was left behind, and the young woman fetched it.
Anderson's Defence. I was in the monkey-house, and the prosecutor tapped me on the shoulder and said "You have got my watch." I gave him permission to search me, which he would not do till he brought a constable, who searched me, but found nothing. I am quite innocent. I never received the watch.
GUILTY . Both prisoners then PLEADED GUILTY to previous convictions, Anderson in January, 1882, at the Mansion House, and Charles** at Bow
Street. ANDERSON.— Nine Months' Hard Labour. CHARLES— Fifteen Months' Hard Labour.
Before Mr. Common Serjeant.
MR. FRITH, for the prisoner, stated, and MR. A. METCALFE, for the prosecution, admitted, that the prisoner's wife had been aware of his second marriage for the last five years, but had taken no steps till now. — To enter into his own recognisances to come up for judgment when called upon.
MR. POLAND Prosecuted.
FANNY MACNICHOL . I live at 158, Manor Place, Walworth, which is a post-office—on 23rd June the prisoner came in for 5s. worth of stamps, and gave me two half-crowns, a good one placed on top of a bad one—I called after him as he went out, but he took no notice—I kept it till the 25th, and then marked it and gave it to Sergeant Puttock—I saw the prisoner in custody on 5th July and picked him out from four others.
JAMES MILLER . I keep the Duchess of Kent, Warner Road, Lambeth—on 27th June, about 4 p.m., I served the prisoner with half a pint of ale for 1 1/2 d.—he gave me a half-crown; I gave him 2s. 4 1/2 d. change—I had doubts about the coin and put it on the side of the till—I had no half-crown in the till—I examined it directly he left and found it was bad, put it in my pocket, and went after the prisoner—I saw him 200 or 300 yards off, but lost sight of him—I told a policeman and gave him the half-crown—I saw the prisoner in the road a quarter or half an hour afterwards and gave him in custody—he said "I am very sorry, I did not know it was bad; I will make it good"—he was about a quarter of a mile from the shop—this is the coin.
Cross-examined by the Prisoner. It rang very well, but it felt greasy and I had doubts about it.
LILY MCCARTHY . I live with my father and mother at 119, Dennet Hill—that is a general shop—on a Wednesday, the day before I went before the Magistrate, the prisoner came in between 3 and 4 pm. for a bottle of lemonade, price 2d., and gave me a half-crown—I gave him 2s. 4d. change, and he left—a constable came about an hour afterwards, and I took the half-crown out of the till—there was no other half-crown there—I found it was bad—I had been serving by myself in the mean-time, and am sure this is the same coin—next day I picked the prisoner out at the station from about six others—I am sure he is the man.
Cross-examined. When I picked you out I did not say "I think that is the man."
JOHN VESEY . I am a milk carrier, of 84, Picton Street, Camberwell—on 27th June, about 4.10 p.m., I was about five minutes' walk from M'Carthy's shop and saw the prisoner standing against a pillar box with a bottle—he knocked the head off it and drank the lemonade.
recently?"—he said "No"—I took him back and Mr. Miller charged him—he said "I did not know it was a bad one," and offered him a florin and a shilling, which he declined—I found on him at the station two florins, a shilling, and a sixpence, all good—about half an hour afterwards I went to McCarthy's, and the little girl went to the till and gave me this half-crown, and she came to the station—the prisoner was put with seven others, and she picked him out.
The Prisoner called
Cross-examined by MR. POLAND. My shop is 27, Content Street, Walworth, about 10 minutes' walk from Manor Place—the prisoner lives at home with me—he never went out all that day till 7.30—I looked at the clock—I think he went out several times on the previous Saturday—he sent me a letter on Saturday, the 30th, to say that he was in custody—I did not go before the Magistrate.
By the COURT. I know that it was past 7 o'clock when he went out. because we wanted to get a certain amount of work done and could not get it done—I looked at my watch—we had our tea before he went out—that was past 6 o'clock, and he had not finished his work then.
Prisoner's Defence. I left home on 27th June to get customers, and borrowed a half-crown of my mother. As I went along Cold Harbour Lane a constable said I had given a man a bad half-crown. When I saw the man I recognised him and, said I was very sorry for it, but he gave me in custody. The little girl came there to identify me. She was some time hesitating, and the constable said "Go on, my dear; don't be afraid," and then she put her finger to me, and the lady came and identified me, but I was at work at the time.
GUILTY .**— Fifteen Months' Hard Labour.
764. HENRY GEORGE (42) and THOMAS HANCOCK (35) , Unlawfully obtaining by false pretences 10s. 6d. on 7th May, and 10s. 6d. on 12th May, from Thomas Pemberton, and 3s. 6d. from Arthur Cripps, and attempting to obtain 1l. 1s. from Thomas Pemberton on 7th June, with intent to defraud. Other Counts for conspiracy.
MR. BURNIE Presented; MESSRS. WILLIS, Q.C., and GRAIN Defended.
ARTHUR CRIPPS . I live at 25, Berkeley Street, Lambeth Walk, and am studying for a sculptor—I shall be 21 next January—about 5th or 6th October last I was suffering from syphilis, and went to the Medical Hall, 48, St. George's Road, Southwark, in consequence of advertisements I had seen in the urinals—I asked to see the doctor—I was shown into a consulting-room, where I saw the two prisoners—there were two tables, an armchair, a scuttle, and I think a carpet in the room—I did not notice any pictures—I spoke first to Hancock and said "Please, sir, I think I have strained myself"—he said "Let me see"—I showed him and he said "You are suffering from syphilis"—I said "What had I better do?"—he said "Come under my terms"—I addressed him as Doctor Du Barry; I thought he was a doctor—he said his terms were 3 or 5 guineas—I said I could not afford it, as I was a working young
fellow—he did not explain why he had two separate sums—he said "Well, I will let you have a bottle for 3s. 6d."—he gave it me and I paid the money, thinking he was a proper medical man and would do me good—if I had thought he was not a medical man I should not have parted with my money, nor if I had thought he was a cab proprietor—I took the medicine; it made me very bad indeed the first few days—I did not go back to them; I afterwards went to the Lock Hospital—I was an in-patient there for three weeks and two days, and am still an outpatient—the surgeon there said something to me, in consequence of which I communicated with my brother.
Cross-examined by MR. WILLIS. After examining me, Hancock said that I had syphilis, which turned out to be true—he did not tell me I had it in a rather a bad form, nothing of the kind—I did not tell him I came because I hoard or knew that some persons had been cured by him of diseases of that description; I did not know of other persons having been to them at all—George opened the door to me and went with me into the private room—I am learning sculpture at Mr. Earp's, Lambeth Walk—my brother is a traveller; I don't know for whom he is travelling at present—he introduced me to Mr. Pemberton last February—George took no part in the conversation.
ROBERT PEMBERTON . I lived at Ivy Cottage, 395, Kennington Road—I am now living at 20, Park Road, Hanover Gate—I am not in business at this moment—George Cripps made a communication to me, and on 3rd May I wrote a letter to the prisoners and received in return this letter (produced), a book, and some questions and instructions how to answer them—in consequence I called upon the prisoners at the Medical Hall on 7th May—Hancock opened the door and showed me into a room very elaborately furnished as a surgery or consulting-room, with pictures all round of people in various stages of syphilis—George was not there then—I told Hancock "I have come to consult you with reference to this letter which I have received from you," and produced the letter—he said "I will call the other doctor down"—he called George down and I said to them both "I have come to consult you with reference to this letter"—they both said "What, is the matter with you?"—I said "I have felt very ill and depressed," that I was about to be married, and did not think I was in a state of health to go through that ceremony—I was married and had a family; I was not about to be married, and I was not feeling ill or depressed—George said my case was a very serious one, unless I was very careful my case would end very seriously, perhaps in death—I asked him what the charge would be—he said 10 guineas—I said "I suppose both you gentlemen are members of the Royal College of Surgeons?"—they both answered that they were—I said "I am not in a position to pay you the 10 guineas now"—he asked me what I could pay—I said "I will give you 10s. 6d. for a bottle of medicine," which I did, and it was produced at the police-court in the same state in which I received it—I have not taken the cover off—I believed they were both members of the Royal College of Surgeons, and that induced me to part with my money—they told me to see them again in three or four days time, and then I left—I was not examined in the course of that interview by either of them—on 12th May I went again with George Cripps and saw them both in the same room—I said that I still felt very queer—they gave me another bottle, for which I paid 10s. 6d.—I still
believed they were members of the Royal College of Surgeons—on 7th June I went again, and into the same room; I told them I felt a little better—they gave me another bottle of medicine, for which they asked a guinea—I said no, I had ascertained who and what they were, and I should not pay any sum for it at all—subsequently the police were communicated with—I had communicated with my solicitor between the 12th May and 7th June.
Cross-examined. My solicitor is Mr. Louis Lewis—I am in no business at all now, and have not been for about five years—I was first in my father's office—he was Charles Pemberton, a solicitor in Liverpool—about 14 years ago, in 1868, I got occupation in London—I was in Louis Lewis's office; he knew my father—I was with him about three months—I was not with him in the Strand and in Hatton Garden—I used to go to see Mr. Lewis there, but was never there with him—I was in the office with him for two or three months—then I went to Liverpool again, and stayed there about two years doing nothing—I came back to London, and was with Mr. Apps, a solicitor, for 14 or 15 months; that was about eight years ago, 1875 I think—I left him on account of my father's death—he had no complaint of my conduct whatever—I went back to Liverpool and stayed about 12 months, doing nothing because I had money left me—I went into a situation at Mr. Ratcliffe's, a solicitor at Birmingham, about 12 months afterwards, in 1876—I still had some money—I was with him about four years, and left in December, 1879, to go into business on my own account at 9, Southampton Buildings—I did not leave Mr. Ratcliffe for misconduct—I have stayed with him several times since then—I was not charged with misconduct—I do not know of any warrant out for my apprehension—my brother in Mincing Lane did not pay money for me—I became a mortgage broker for 18 months or two years in the name of Duncan and Co.—Duncan was the son of Mr. Argles in the City—he absconded with about 250l. or 300l.—Argles is still in the City somewhere—I had no creditors when I closed in Southampton Buildings about 12 months ago—I did not owe anything for furniture for the place there—I have not been doing anything since—my father's money is not gone yet; I have got some—I was not living at 105, Marylebone Road in 1879 and 1880; I did not represent myself as living there—I did not get goods from Burgess and Co.—I may owe 20l. or 30l.—I was not living at 20, Park Road, Hanover Gate, when I first gave evidence; I was at Ivy Cottage, Kennington Road; I moved about five weeks ago—Mrs. Borjean was the landlady at Ivy Cottage—I was there about three weeks—they did not turn me out because I got drunk—before I went there I was at 46, Hanover Gardens, Kennington Park; that was the end of January—Mr. Flowerdew, the landlord, died while I was there—before that I was at Watford—I was not there charged with Mr. Blake and convicted of travelling without a ticket—I stayed at 107, Kennington Road, 15 years ago last January for about three weeks—Miss Williams was landlady there—I took apartments at 1l. a week—I think I paid her all that was due to her; I did not stay a fortnight and come away without paying a shilling—I told her that I had been robbed of 800l. worth of furniture since August, and that I had a case on by which I should get the furniture back and all the costs—I might have owed Miss Williams about 30s.—I have not had the chance of paying her yet—I think I paid her about 2l.—this letter (produced) is in my writing—in the middle or early part of
February I came to know Mr. Gripps—I am the prosecutor in this case.
(The letter was dated 12th February, 1883, addressed to Miss Williams, and stated that he had no money as he anticipated, and should not get any till next week, and that he should be obliged to raise a few shillings to get necessaries with which to live on.) Warboys, a gentleman I know in the City, lent me some money—I have since lived by the return of the furniture and by the payment of my income—I had my furniture back about 16th July from Pritchard and Inglefield, from Dickson's Depository, Harrow Road—it had been there since the 14th August—my sister-in-law had robbed me of it from Howley—I had given her a bill of sale on it, and she took 800l. worth of furniture for 90l.—I got it all back in July—it is now at 20, Park Road—from February to July I was living on income supplied from my brother in the City, who is very rich—he gave me about 40l. or 50l. in gold about 15th or 16th February—I did not pay Miss Williams; I don't think I owe her anything; I have not paid her since I wrote that letter, but my wife told me she had—Miss Williams has not spoken of me as not having paid my rent that I know of—she used to come and have supper with me—she made slanderous statements after I left Ivy Cottage—she did not sup with me after I left her place—she, said I had been in gaol, which I never have—I made this visit to the prisoners of my own accord, to find out who and what they were—my name is Rea Pemberton—I do not know a person practising in Wardour Street, nor in London, in the name of Rea—I do not know Dr. Bell; I never heard the name—my godfather was Robert Rea; he used to keep the depository where Taylor is now—he was not related to the man who keeps Dr. Bell's dispensary; he was related to the solicitor of Belfast—I got the money to pay for the medicines out of my pocket—I did not intend to take the medicine, I should have been, poisoned if I had; they gave it to me to use—it was worthless to me, except to use it for a prosecution—I know Mr. Coles, of the Hanover Arms. Kennington, Park Road—I have spent a good deal of money there—I might have owed him 1s. 6d. perhaps—if I did not pay him it must have slipped my memory—I do not know a Mr. Savage, of the Kennington Park Road—I did not owe him money for goods—I know Mr. Abbott, a grocer; I think I owe him 1l. 4s.—I did not pay him, because he was most impertinent; he came to my house at 12 o'clock on Saturday night drunk, and smoking a cigar in the hall—I threatened to kick him down the steps—I never will pay him—I don't owe Mr. Bunyard, a butcher, 6d.—I did not have some meat of him, nor did he find I would not pay him, and try to get it back again—I do not know Mr. Theobald—I did not tell Mr. Borjean that I had been about with some detectives, and treated them, and it had cost about 2l. 10s.—I have not seen detectives about this case—I did not go about with detectives at all—Mrs. Borjean asked me who Cripps was, and I said Cripps was interested in a case against some men for nearly killing his brother—she knew Cripps, I believe—when I first went I did not mean to make a charge against the prisoners—I did not intend to place myself under their treatment—I did not require treatment—I did not know they advertised in urinals—Cripps did not tell me where he had seen their advertisements—he told me what they were treating him for—I did not know they professed to treat syphilis diseases; I thought they were members of the Royal College of Surgeons before I went—I went to ascertain if they were or not—I believed that when I got their book—
I have told you all the places I have worked at—I know Lockyer, a, solicitor, of Gresham Buildings—I was never in his office—I did some work for him for about a month about six weeks ago—he did not discharge me, I left him myself—I showed him the testimonial I had had from Mr. Ratcliffe—it was a very high one, and he did not want any further reference—I have done business for Mr. Ratcliffe, and dined with him when I was in business in Southampton Buildings—I did not make any inquiries about the prisoners before I went—I knew I was telling a lie when I said I was unmarried and that I was suffering from that disease, and when I returned on the various occasions—I was doing all this for the benefit of the public at large—I leave it to my discretion whether it would have been better to pay my creditors; they did not amount to 20l. at the outside—I believe Mr. Boardman acted first as solicitor for the prisoners—I don't know that he has ceased to do so—I have not seen him here today—I have never heard of a proposal to withdraw from this prosecution on the payment of money, and have had no communication of any kind about settling it—I was there last on 7th June, about a quarter to 8 or 8 o'clock—I saw George there—on the first occasion I paid for the medicine firmly believing they were members of the Royal College of Surgeons—I did not intend to take it, because I went to my solicitor, and he said he had prosecuted George five years ago, and got him five years' penal servitude—I was thinking of going to Mr. Lewis when I went to them—I did not buy the medicine for the purpose of preferring a charge—I had seen Mr. Lewis about six or seven weeks before 7th May—I had seen him since I had known Mr. Cripps—after Cripps spoke to me in February I had seen Mr. Lewis, but had not spoken to him about this matter, nor mentioned it in any way—I saw my solicitor on the 11th—I intended then to prosecute—I have paid Mr. Lewis 20 guineas since these proceedings—I paid him five guineas about 30th May—I have a receipt for it at home—I paid him 15 guineas last Tuesday week—I have not got a receipt for that—I don't expect to get the money back—I paid him in gold—it came from a friend in Liverpool by P.O.O. for 15l.—I have not got the letter here—it was in fifteen separate 1l. P.O.O.'s—they all came at the same time from Mr. Brabner, Myrtle Road, Bootle; an old friend of my family—I cashed them at different post offices—five at the General Post Office, I think, in St Martin's-le-Grand—they came about three weeks ago, and I might have cashed them the week before last, from about the 7th to the 14th July—I think I cashed two or three at King's Cross Road, and I think the other six or seven I gave to Mr. Lewis without cashing them—I cashed those at King's Cross Road the day after I cashed those at St. Martin's-le-Grand—there was no letter of advice with them; my friend merely sent me what I asked him for—I have known George Cripps about five years, I think; he has no place of busines, and has not had since I have known him (MR. BURNIE objecting, the COURT held that questions touching the credit of Mr. Cripps should be asked of himself)—he introduced the other Cripps to me.
GEORGE CRIPPS . I am a commercial traveller, of 20, Berkeley Street, Lambeth Walk—my brother Arthur Cripps made a communication to me about his suffering from something, and I said something to Mr. Pemberton, and went with him on 12th May to this Medical Hall—"Medical Hall" was written up outside, and there were red lamps with the name of Du Barry—I was shown into the consulting-room—Pemberton was
given a bottle of medicine, for which he paid 10s. 6d.—there were pictures round the walls of people in various stages of venereal diseases—I said to the prisoners that I had seen this kind of thing at the Royal College of Surgeons—Hancock, I think, said "Oh, yes"—I said "I suppose every doctor has to belong to the Royal College of Surgeons?"—he said "Certainly"—I said "Then I suppose both of you belong to the Royal College of Surgeons?"—he said "Yes"—I went again on 7th June with Mr. Pemberton, and saw him receive another bottle of medicine—they asked a guinea for it and he declined to pay it.
Cross-examined. I saw both prisoners on 7th June—I travel chiefly for Hackness and Co., of Nunhead, getting orders for coals—I have been travelling for them for about eighteen months, and am still—before that I was in the wholesale drapery, at Messrs. James Allan and Co.'s, formerly Allan and Badger's, 157, Cheapside, next door to Sweeting's—I was there on and off, sometimes on for eighteen months, and then I would lose a season, and be taken on for the next season—when they did not want me I was at Mappin and Webb's, in the entering-room, and left them to go into the coal trade—perhaps I get more than 1l. a week by orders, perhaps less—I took up this case for public spirit—I have not paid any money towards it—I know Mrs. Borjean—I was never desirous of withdrawing from this prosecution—I did not tell her I wanted to get out of it because I could not get any money—people have been round to her asking questions—I was there when she came round and asked for Mr. Pemberton's address, and I said I did not know him, because I did not want people interfering with the business of this prosecution—I don't think there is any money attaching to it.
THOMAS PICKLES (Police Sergeant M). At 8.30 on 12th June I saw George in St. George's Road—I said "I have a warrant for your arrest for obtaining 1l., 10s. 6d., and 10s. 6d. by fraud"—he said "Will you allow me to go inside?"—I said "No; you will have to go with me to the police-station"—he said "Who took the warrant against me?"—I said "I will read it to you if you like"—he said "Do"—when I had read it he said "I know no one of the name of Pemberton, and I have not defrauded any one. It is the opposite party done this, Dr. Bell, of Wardour Street"—I took him to the station—I had known him for some years; he traded in the name of George—I believe he has been some time at these premises—he has never been a cabdriver to my knowledge.
Cross-examined. George got five years' penal servitude for an assault, nothing to do with medical treatment.
Re-examined. I believe it arose out of some trade dispute between the family of George and Dr. Bell.
GEORGE HARVEY (Police Sergeant M). About 12.30 on 13th June I arrested Clifford in Pitt Street, St. George's Road—he was charged in the name of Hancock—I said "I am a police-officer and I have a warrant for your arrest for obtaining money by fraud; I will read the warrant to you as soon as convenient"—it was dark in the street—he said "I am not aware that I have done anything to bring myself under the law"—I took him to the station and read the warrant to him there—he said "I am not Hancock, that is not my name, he is quite a different person, if you detain me here you detain me at your peril."
Cross-examined. There is a Mr. Hancock at this place quite distinct from the prisoner.
Fox (Police Inspector M). I was at the station when George was brought in on the 13th—I went to 68, St. George's Road—over the doorway there is written "Medical Hall" and a red lamp—medicine bottles are in the window—I went inside—there is first a small shop like a chemist's or doctor's shop fitted with medicine bottles and drawers, then a waiting-room, and then a consulting room, the walls of which are covered with pictures of people with venereal diseases, some of them very filthy—I took samples of the papers and books.
Cross-examined. There were some belts in the window called electric belts—I inspected each room and have got all the keys of the premises—I took the jewels and money—I took all the keys I could find—they did not ask to have the key of the safe—since their arrest there is a plate on the door with "Dr. Turnbull, consulting surgeon"—I have not seen That before.
Re-examined. I have been on duty there 18 months—I have known George as a cab proprietor.
EDWARD TRIMMER . I am Secretary to the Royal College of Surgeons of England, domiciled in Lincoln's Inn Fields—I produce the calendar of the College containing a list of members—there is no Du Barry on the list, and no Henry Clifford of 68, St. George's Road—ours is the only college that gives the title of member, the others are licentiates.
Cross-examined. We do not have pictures on the walls of the Royal College of Surgeons, we have preparations.
MR. WILLIS submitted that there was no case to go to the Jury. A false pretence must not only be untrue, but must be believed and acted upon. The only false representation here was that the prisoners were members of the Royal College of Surgeons. That statement was only made to Pemberton, and did not influence him, as he did not intend to place himself under their treatment, and did not part with his money by reason of their statement. The representations in either case were not made to get money, but to induce the witnesses to come under the prisoners' treatment, and therefore the representations were too remote. He contended that there must be an intent to defraud a man of a specific thing, not merely a general intent to defraud. See Q. v. Gardiner (Dearsley and Bell). There was no evidence in this case that the witnesses were induced to part with their money by anything that was said. It was a mere attempt to make a profit and get a patient. After hearing MR. BURNIE, the COMMON SERJEANT ruled that the case should go the Jury on the false pretences counts as regards Pemberton's evidence, and also on the conspiracy counts.
Witness for the Defence.
WILLIAM TURNBULL , M.R.C.S. And Licentiate of the Apothecaries' Society. I have known George by sight for a year or two—I knew Hancock as Henry Clifford Smith, and I knew his friends—he is a registered medical student—on 17th October, 1865, he entered at King's College, London, and attended all his lectures and hospital practice, medical and surgical, and dissections—he went up to the Apothecaries' Hall for his Arts examination on 30th September, 1865, and passed—I am speaking from certificates which I have verified at the Hall and at the College—I saw him in the College book as having been up for his anatomical examination, and he was referred back to his studies for three months—these are the cards of the lectures he has attended—I
Have seen his proper name, Henry Clifford Smith, in the book there—he attended for four years; each student has to attend for that time before he can pass the examination—I have passed through the same career—on 19th January, 1870, he went up for the examination at the College of Surgeons, and was referred for three months—he can go up now whenever be pleases and take the minor at the Hall by giving seven days' notice; he would then be in the same position as a chemist and druggist—you can take that up at any time so long as you can prove that you have attended and passed this examination—he was my assistant from the beginning of 1880; I had known him some time before that—he remained so about eighteen months—he went and saw patients and dispensed medicines in my absence, or went with me when I went to see a case, did post-mortems, and attended midwifery cases under my directions—when he left me he was competent to dispense medicines and prescribe as an assistant—I knew him at this Medical Hall—he has consulted me as regards nervous and skin diseases and syphilis, as to what my treatment was; we discussed the matter together—he would come across to me about specific cases—I have been to the Hall lately and seen patients—for some little time lately my name has been up there with my consent, on a brass plate and on this glass also (produced)—there is a red lamp, but no name on it.
Cross-examined. I practise at 257, Hampstead Road; it is a family practice—I took my Hall in 1854, and my College in 1859; it costs 22l. to go to the College, and I had to get the money—I knew Clifford as Clifford Smith—I knew he went under the name of Clifford without the Smith; he told me he dropped the name of Smith in consequence of having been referred; he did not like anybody to know it—I know nothing about the name of Hancock—he has been registered as a medical student, which can be done by passing an examination in Arts, and has nothing to do with medicine—he has attended his courses of lectures of every kind at King's College School, and has gone up for his first College in anatomy and physiology, and has failed—that was on 19th January, 1870—46 failed on that day—he can take the minor degree from the Society of Apothecaries—he can practise as a chemist and druggist; it would not entitle him by law to see patients and prescribe, but chemists often do—I allowed him to see patients in my absence—he was competent—unqualified assistants are held by thousands of medical men—I always saw the patients afterwards—I never gave a certificate of death without seeing the patient myself—when he left me he went as assistant to Mr. Murdock, a medical man at the East End—he is not here—he told me at once when he first went to the Medical Hall, about one and a half years ago, that he had gone there as a sort of a clerk—I went there nine or ten months ago—I have seen patients there from that time—if a case came while I was there I saw it—my name was not up then; it was about six weeks or a month ago—I should not mind my family patients at Hampstead knowing I attended there; the whole profession advertises now—they did not consult me about the advertisement—I have looked at the little book, I have not read it—I was not consulted about it, and am not responsible for it in any way—Hancock has a great knowledge of anatomy and diseases of the skin—the introductory part, the story of the case at page 37, of R. F., is copied out of a first-class medical work on midwifery—I don't know that
Hancock represented it as a case of theirs; I could produced the work—I know that**** is practised to a very neat extent.
MR. BURNIE objected to the witness being examined on matters touching the credit of other witnesses, as it would raise an irrelevant issue. MR. GRAIN submitted that Mr. Pemberton had made statements as to what took plate, and he had a right to contradict him; that Pemberton having sworn he parted with too sums of 10s. 6d., he was entitled to call a witness to show whether he was in a petition to part with such sums, and that he proposed also to ask the witness whether the Cripps were not really the prosecutors here. The COMMON SERJEANT ruled that the witness could not answer definitely any of the questions, and that they should not be put. Emma Fleetwood Williams and Oliver Borjean were called, but being similarly objected to, were not examined.
GEORGE TRINDER . I am an hotel-keeper in the Isle of Wight—George stayed at my hotel from the 2nd to the 11th July—he came on a Saturday, this year—he never left my hotel during that time—my son is here; he is engaged at the hotel, and fetched George and drove him afterwards.
Cross-examined. George came as a visitor—I have known him for years, and he has always paid me—I did not know what business he was in.
Re-examined. He stayed there and used to paddle about in the water—another gentleman, and his family were there too.
JOHN TRINDER . I assist my father at Sea View, near Ryde—George was there with his sister and brother-in-law and another; I fetched him on 2nd June—he remained until the 11th—they were paddling about in the water, &c.—they did not leave, only in the Solent and about the place.
GUILTY on 1st and 2nd Counts of attempting to obtain, and also on the 3rd, 5th, and 6th Counts.
MR. GRAIN, in arrest of judgment, submitted that it was not competent for the Jury to find the prisoners guilty on the 1st and 2nd Counts of attempting to obtain, became the indictment charged that they "did obtain" and the evidence, if believed, showed that they "did obtain" and that the Jury therefore were bound to find a verdict of guilty of the whole offence, or one of not guilty. In cases such as The Q. V. Roebuck (Dearsley and Bell, p. 205), Prisoners had been found guilty of the attempt because they had failed to obtain money by their false pretences, and therefore the offence was not complete; and with regard to the verdict of guilty on the conspiracy counts, MR. GRAIN contended that no criminal offence was shown by the evidence, but only a matter to be dealt with by Statutes applying to unqualified medical practitioners. All that these prisoners did was in itself perfectly legal, and therefore not a criminal conspiracy, and it was carried out in no improper manner.
The COMMON SERJEANT stated that he would consider whether he would reserve the point for the consideration of the Court of Crown Cases Reserved.— Judgment respited.
MR. WARBURTON Prosecuted; MR. KEITH FRITH Defended.
The evidence not being sufficiently clear upon this indictment, and there being other indictments against the prisoner, the COURT directed a verdict of
NOT GUILTY , and the other indictments were postponed to next Session.
Before Robert Malcolm Kerr, Esq.
766. CHARLOTTE HORD (17) , Feloniously taking away and detaining Ada Alice Gutteridge, aged 2 years and 3 months, with intent to deprive the parents of their child, and with intent to steal the clothes.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted. GEORGINA GUTTERIDGE. I am the wife of Charles Gutteridge, a letter-carrier, of 160, Stamford Street—on Tuesday, 10th July, about 6.30 a.m., I went into a public-house in the Cornwall Road, at the end of Stamford Street, Blackfriars, with my little girl, Ada Alice, aged 2 years and 4 months old—I stood her down near my lap and called for a small quantity of brandy—I had a giddiness over me—I had not drunk it when I missed the child, and ran outside and could see nothing of her—I ran to Bow Street Police-station and gave information—I saw her next three days afterwards at the police-station crying very much; she had no boots or stockings on, and none of the clothes which she had on when she was missed—she had the same frock and petticoat, but no boots, stockings, or hat—I never saw the prisoner before.
Cross-examined by the Prisoner. I was not drunk—I had had nothing but the brandy to drink.
DAVID LOVEDAY (Policeman P 80). On 10th July, between 9 and 10 a.m., I was on duty outside Waterloo Railway Station, and saw the prisoner there with a child in her arms—there were two other women with her the worse for drink; she was sober—that is the child—they went from the public-house towards the Cornwall Road—I told the barman not to serve them—the child had been crying; it was not crying then—I saw the mother at 10 o'clock that morning—she was drunk, but not sufficiently for me to take her in custody—the prisoner was with the mother then.
GEORGE GARROD (Policeman W 507). I was in Wandsworth Road on 10th July about 6.15 p.m., and saw the prisoner there with the child in her arms, and people came up and told me the child did not belong to her—she was carrying it away—I did not see her doing anything to it—I took her to Clapham Station—she said it was hers and she wasn't going away without it—she did not say that the mother was drunk.
ALBERT EASTER (Police Inspector.) At 6.20 the prisoner and child were brought to Larkhall Station—she said "It is my child it is two years old; its father's name is Tom Hood; he is a navey"—I detained her for three hours to make inquiries in consequence of the state the child was in, and hearing nothing I let her go—I had received information that a child was missing, but the child was in entirely different clothing.
Cross-examined. She said before the Magistrate that the mother was beastly drunk, not to me.
EDWARD HOYLE (Regent's Canal Constable.) About 11 p.m. I heard some cries "Master!" and "Help!" near the Queen Street Bridge, Ratcliff—I climbed over the fence and got on the bank—I heard the voice of a child, looked round, and saw the child on the bank—I heard the voice again from a barge "Master, help! make haste or I shall sink"—then a young man jumped out of a sloop—I told him to take charge of
the child who was on the bank going down to the barge entrance of the canal—we call it the ankle, some call it the center—it is about two steps from the water—the child was standing there crying—I jumped into the barge and saw a woman up to her breast in the water—she had her clothes on—I got hold of her head, and with assistance pulled her into the barge—it was the prisoner—I asked her what she was doing there; she said she had come to look after her husband on board of the Polly—I got her ashore and into the box we have for an office, where there was a fire—I questioned her about the child—she said it was her own—I asked her what she meant by leaving it on the bank to let it get drowned—she said "If I took it with me it would get drowned, so I might as well leave it where it was"—she said it was her child and was born at her mother's place—I said "Look, the child is asleep"—she got hold of it and gave it a shake and said "It is a b—little cow," and gave it three slaps across the face with the back of her hand—the child screamed and wanted to come to me—she said "You b little cow, I will jump your guts out"—I said, "You are not fit to have charge of it"—she said "It is my own"—she was allowed to go with the child, but about half an hour afterwards she was apprehended from information—I knew her by having seen her hanging about bridges and speaking to two or three of the canal bargemen—there was no barge there named the Polly—I inquired of the goings up and down the whole week.
Cross-examined. I did not say you were trying to sneak a rope.
WILLIAM CURTIS (Police Sergeant). From information received I searched several lodging-houses in Ratcliff on 13th July, and at 12.25 I found the prisoner—I asked her where the child was that she was detained at Clapham Station with—she pointed across the room and said "That is my child"—a man was nursing it at the time—I said "Is this the child you had yesterday?"—She said, "Yes"—I said I should take her in custody for stealing it—she said, "Stealing my own child?"—the child's body was black and blue all over with bruises—the prisoner was under the influence of drink—at the station she said she took away the child from the mother because the mother was drunk and illusing it.
HENRY GARLAND (Police Inspector.) I was at Kennington Road Station when the child was brought there—I examined it all over carefully—it was bruised on the back, both sides, face, cheeks, and legs behind—I read the charge over to her and she said "I have not ill-used it. I took it away from the mother, who was ill-using it."
The prisoner, in her defence, stated that the mother was drunk and beating the child, and that while she held it the mother sent her for some cold potatoes, and she, being a stranger in London, lost her way; she denied having beaten the child and robbed it of its clothes, although she had washed and cleaned it at the station, and the socks were so dirty she had taken them off
and had not put them on again, HENRY GARLAND (Recalled). That is not so.
NOT GUILTY .
smacks across the face with the back of her hand—I said "Don't beat the child like that"—she said "The b little cow, I will shake its guts out."
GUILTY. —Judgment respited.
768. WILLIAM JEFFERSON (38) , Being found by night armed with a knife with intent to break and enter the dwelling-house of Thomas Dare. Second Count, removing putty from a window with intent to commit burglary.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
CHARLES WAKELEY . I am manager to Thomas Dare, Southwark Arms, Tooley Street—on the morning of 4th July I heard a scraping of glass—I listened, got up, woke Mr. Dare, went downstairs, and saw the prisoner crouched down under the door—I stood there for a minute or two, and went into the bar to get a stick to protect myself—I came back—the prisoner was trying to escape—he had a knife in his hand—I struck him with the stick across the arms—he dropped the knife—he said poverty drove him to it—there are some leads there—any one could get into the urinal, which opens on to a stable roof, and thence on to the leads—I left everything safe when I went to bed—the door could be opened by putting a hand through the pane of glass, off which some of the putty had been removed.
Cross-examined by the Prisoner. You were perfectly sober.
THOMAS DARE . I am landlord of the Southwark Arms, Tooley Street—I was awoke by Wakeley, and went through a glass door on to the leads, and there saw the prisoner looking through a glass door—I unbolted it, and he ran away—I stopped him—he had this knife in his hand—I struck him with this whip—he fell down on the roof against the chimney—I caught hold of his arms—he had this knife in his hand—Wakeley struck him, and he dropped it—I got him down over the roof and into the bar—he said he had had a lot of money and spent it, and wanted to get a little more—I said "I suppose this is the place you wanted to come to?"—he said no, it was next door—I said "Perhaps I had better give you a food thrashing and let you go"—he said "I should be glad if you did—I gave him in custody—I found some putty had been taken from the window—it was all right the night before.
DAVID WILLIAMS (Police Inspector). I was at Bermondsey Police-station at 2.30 a.m., when the prisoner was brought in—I examined the window—some putty had been removed, and I found some putty on the knife—there is some on it now—when I told him the charge he said "Attempting, sir"—he was searched, and this piece of paper found on him—it has on it "152, Tooley Street, back entrance Magdalen Street"—there is no entrance from Magdalen Street to the Southwark Arms—there were two keys on him, wrapped up in paper, and a box of matches.
Prisoner's Defence. I was drunk, and went to the Southwark Arms to get a glass of ale. Some one had been there, it appears, and removed the putty from the window. No more harm was done, and I had no knife on me, only a key and matches in a box.
MR. GEOGHEGAN Prosecuted.
FREDERICK SIMMONS . I am an engineer, at 24, Garden Row, Southwark—on 4th July I locked up my shop at 9.30—when I went on the 5th I missed a clock—we looked round the shop and missed two pairs of stocks and eyes which we were using the previous evening—the prisoner works next door—my clock was subsequently shown me by the pawnbroker—this is it (produced).
HENRY HOHECH . I am assistant to Mr. Butterfield, a pawnbroker, of 40, Kennington Lane—I produce this clock—the prisoner brought it to my master's place on 5th July, about 9.30 or 10 o'clock, and offered it in pawn—I went to call the manager, and when I returned the prisoner Lad decamped—I communicated with the police.
HENRY MARTLE (Detective Officer D). On the morning of the 5th, about 10 o'clock, I looked at the prosecutor's premises—an entrance had been effected from No. 23 by a person getting on a wash-house and inserting his hand through a broken pane of glass and lifting up a hook—the prisoner has been employed at No. 23—I received information from the pawnbroker and went to Mr. Butterfield's on the same day—he told me something and I apprehended the prisoner on suspicion on the 7th—he was taken to the station and placed among a number of other men and Hohech identified him—when picked out the prisoner said "I am the man"—about five minutes afterwards he said "Are you sure I am the man?"
Cross-examined by the Prisoner. I know nothing against you—you have worked for Mr. Howell.
GUILTY on Second Count. — Twelve Months' Hard Labour.
ADJOURNED TO MONDAY, SEPTEMBER 10TH, 1883.