Old Bailey Proceedings, 10th September 1883.
Reference Number: t18830910
Reference Number: f18830910

CENTRAL CRIMINAL COURT

Sessions Paper.

KNIGHT, MAYOR.

ELEVENTH SESSION, HELD SEPTEMBER 10TH, 1883.

MINUTES OF EVIDENCE.

TAKEN IN SHORT-HAND, BY

JAMES DROVER BARNETT

AND

ALEXANDER BUCKLER,

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.

LONDON:

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Law Booksellers and Publishers.

THE

WHOLE PROCEEDINGS

On the Queen's Commission of

OYER AND TERMINER AND GAOL DELIVERY

FOR

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

OF THE

CENTRAL CRIMINAL COURT.

Held on Monday, September 10th, 1883, and following days.

BEFORE the Hon. Sir WATKIN WILLIAMS , Knt., and the Hon. Sir JOHN CHARLES DAY , Knt., two of the Justices of Her Majesty's High Court of Justice; Sir ANDREW LUSK Bart., M.P., Sir THOMAS SCAMBLER OWDEN, Knt., and Sir CHARLES WHETHAM, Knt., Aldermen of the said City; GEORGE SWAN NOTTAGE , Esq., Sir REGINALD HANSON , Knt., F.S.A., JAMES WHITEHEAD , Esq., HERBERT JAMESON WATERLOW , Esq., and HENRY AARON ISAACS , Esq., 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,

JOSEPH SAVORY , Esq., Alderman,

Sheriffs.

MARSHALL PONTIFEX , Esq.,

BEAUMONT SHEPHEARD , Esq.,

Under-Sheriffs.

CENTRAL CRIMINAL COURT.

KNIGHT, MAYOR. ELEVENTH 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, September 10th, 1883.

Before Robert Malcolm Kerr, Esq.

Reference Number: t18830910-771

771. WILLIAM RUTLEY (54) and TELEMACHUS COLLARD (52) were indicted for unlawfully forging and counterfeiting a certain trade-mark of Messrs. Collard and Collard.

The defendants in this case were tried for this offense last Session, and the Jury, being unable to agree, were discharged without returning any verdict.

MR. POLAND on this occasion offered no evidence.

NOT GUILTY .

Reference Number: t18830910-772

772. GEORGE SEYMOUR (29) , Unlawfully uttering a counterfeit florin to Rebecca Lyle.

MESSRS LLOYD and B. HICKS Prosecuted; MR. KEITH FRITH Defended.

JOSIAH LYLE . I am landlord of the Woodman Tavern, 108, St. Leonard's Street, Bromley-by-Bow—on 21st July I saw a woman in my shop, and my daughter, who was serving in the bar, handed me a bad two-shilling piece—I bent it and made sure it was bad and returned it to the woman—she left the shop and I followed her two or three minutes afterwards—she went up and down two or three turnings, and ultimately met Seymour, and they walked on together—I followed on the opposite side of the road—I saw them speaking together—they went about a quarter of a mile, and then the woman went into a corn chandler's shop—Seymour walked by the shop; I followed him till a constable came in Sight, and I gave him into custody—I then went back and stopped outside the chandler's shop and stopped the woman, and said I wanted her for uttering two bad florins—the constable took both prisoners to the station—I had not seen Seymour before: I had seen the woman about a fortnight before.

Cross-examined. I first saw Seymour about a quarter of a mile or rather more away.

REBECCA LYLE. I am the last witness's daughter—on 21st July I was serving in the bar—a woman came in and asked for half a pint of sixpenny ale in a jug—she gave me a piece of money—I put it in my

teeth, found it was bad, and gave it to my father—he bent it on the bar and returned it to the woman—after she left the shop he followed her out.

CHARLOTTE OLIVER . I am the wife of William Oliver, and live at 220, St. Leonards Road, where I manage a chandler's shop—on 21st July a woman came into the shop and asked for a pound of flour—she gave me this bad florin (produced)—I put it in the till—there were no other florins there, only sixpences and shillings—I gave her the change—a little while after my servant, Elizabeth Thomas, said something to me, and I went to the till and looked at the florin and found it was bad—I sent my servant to the station.

ERNEST BAYNES (Policeman K 54). On 21st July I was on duty in St. Leonards Street, and Mr. Lyle gave the prisoner into my custody, and I took him to the station—I saw the female just outside the corn chandler's shop—I had not seen them together before—the servant did not come and speak to me.

Cross-examined. I called to the prisoner and he stopped and went with me at once to the station at my request.

WILLIAM SHOOBRIDGE (Detective K). I was at the station when the prisoner was charged with a woman for being concerned together in uttering counterfeit coin at the beerhouse, and also at the other place—she said "I know nothing at all about it"—I received this bad florin from Mrs. Oliver's servant—I produce it.

WALTER BREED (Detective K). I was present when Seymour was charged at the station—I told him he would be charged with the female for uttering two counterfeit coins—he said "I know nothing at all about it; I don't know her and she don't know me"—I took him into the reserve room, and in his vest watch pocket I found a small portion of a counterfeit coin—I saw 1l. 5s. 9d. in silver and 3s. in bronze, all good, lying on the table—I said to the constable "Whose money is this?"—he said "It belongs to the prisoner."

Cross-examined. I had not searched him before he was taken into the reserve room—a watchkey did not fall from his pocket on to the floor—there were keys in his lower pocket—it was about 10 o'clock in the evening he was brought into this room.

NOT GUILTY .

Reference Number: t18830910-773

773. GEORGE SEYMOUR was again indicted with MARY JONES (28) for uttering a counterfeit florin to Rebecca Lyle; also a counterfeit florin to Charlotte Oliver.

MR.B. HICKS Prosecuted; MR. KEITH FRITH defended Seymour, and MR. GEOGHEGAN defended Jones.

MR. KEITH FRITH , on behalf of Seymour, tendered a plea of autrefois acquit, the coin uttered to Rebecca Lyle being the same coin charged in the last case, upon which charge he had been acquitted. The COURT, however, called attention to the fact that the present indictment charged another uttering to another person, and although as to the first uttering the plea might be a good one, on the second uttering the case must go to the Jury.

REBECCA LYLE repeated her former evidence.

JOSIAH LYLE repeated the evidence he had given in the former case, and added: I gave the coin back to the female prisoner—she said it had been given to her husband for wages, and I said he had better take it back

and give it to his masters—she paid me in good money and left, and I followed her—I had seen her a fortnight previously in the house.

Cross-examined by MR. GEOGHEGAN. She stayed in the house till she got the beer in the jug—she did not drink the beer there—I gave her the change out of the good money.

Re-examined. On the first occasion she produced this good money afterwards.

CHARLOTTE OLIVER repeated her evidence.

Cross-examined by MR. GEOGHEGAN. My servant took the coin to the police—she is not here to-day—I never saw any other bad money—I put a cross on that florin.

ERNEST BAYNES (Policeman K 54). I took Seymour into custody—I did not search him at the station.

WILLIAM SHOOBRIDGE (Detective K) repeated his former evidence, and added: I received this florin from Elizabeth Thomas—it was marked with a cross in my presence by the prosecutrix.

MARY ANN FLAMSTEAD . I am the female searcher at Poplar Police-station—on 21st July I searched the female prisoner and found on her two half-crowns, a florin, and 6d., in bronze, all good money—I passed them on to Shoobridge.

WILLIAM WEBSTER . I am Inspector of Coin to Her Majesty's Mint—this florin (produced) is a bad one.

Cross-examined. Good money will bend, but it is difficult to do it—this coin has not the appearance of having been bent.

SEYMOUR— NOT GUILTY . JONES— GUILTY— Two year's Hard labour.

Reference Number: t18830910-774

774. WILLIAM WHITE (22) , Stealing whilst employed under the Post-office a letter containing a 10l. and 5l. Bank of England notes.

MESSRS. COWIE, Q.C., and BAGGALLAY Prosecuted; MR. BESLEY Defended.

After the case had commenced MR. BESLEY stated that he could not resist a verdict.

GUILTY .— Five Years' Penal Servitude.

Reference Number: t18830910-775

775. LUCY MINNIE HAMPTON (18) PLEADED GUILTY to stealing whilst employed in the Post-office a post-letter containing an order for 13s.; also to forging a receipt to the same.— Judgment respited.

Reference Number: t18830910-776

776. HENRY ARLETT (32) to stealing whilst employed in the Post-office four letters containing postage-stamps, the property of Her Majesty's Postmaster-General.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]

Reference Number: t18830910-777

777. JOHN THOMAS BARLOW (26) to stealing whilst employed in the Post-office a post-letter containing money, the property of the Postmaster-General.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]

Reference Number: t18830910-778

778. GEORGE WILLIAMS (26) , Unlawfully uttering counterfeit coin.

MR.B. HICKS Prosecuted.

GEORGE JOHN WHITE . I am the manager of the Falcon public-house, Wardour Street—on the evening of 21st August the prisoner came and asked for a glass of ale, for which he paid 1d.—he then asked for a cigar, and gave me a counterfeit shilling—I bent it in his presence, and asked him how he got it—he said at a public-house lower down the street—I sent for a constable and gave him into custody, and handed over the bad shilling to the constable—this is it (produced).

Cross-examined by the Prisoner. When I told you to wait you did wait till the constable came—I sent the potman round to see that you did.

JAMES MANN (Policeman C R 27). On 21st August the prisoner was given into my custody by the last witness for uttering a bad shilling—he first told me he got it from a public-house; he did not say what public-house—he afterwards said he got it from a pawnbroker's—he told me the name of the pawnbrokers, and they said they remembered the man going there; he pawned a pair of boots for 4s., but they did not recollect what coins they gave him—I found on the prisoner a bad florin, and half a crown, and 9d. in bronze, all good money, and a pawn-ticket for a pair of boots for 4s.—he gave me an address, Emperor's Chambers, Queen Street.

WILLIAM WEBSTER . These are a bad florin and a bad shilling.

The Prisoner's Statement before the Magistrate. "I did not know the shilling piece was bad till it was found out, nor that the two-shilling piece was bad till it was found to be so in another public-house.

NOT GUILTY .

Reference Number: t18830910-779

779. GEORGE WILLIAMS (28), JOHN MAY (36), and GEORGE SMITH (26) , Unlawfully uttering counterfeit coin, and at the same time having in their possession another counterfeit coin, knowing the same to be counterfeit.

MR. B. HICKS Prosecuted.

MARY JANE HANCOCK . I am manageress of the Feathers public-house, Duke Street, St. James's—at 11.30 on 10th August Williams came into my place and asked for a pennyworth of tobacco and a short pipe, and tendered a sixpence, which I found was a bad one—I bent it and returned it to him—I asked him if he had any more—he said he did not think he had, but found he had a shilling, and I gave him a sixpence and five pennies—he stopped and got a light in the bar—I spoke to my potman, Walter Zelli, and pointed out Williams to him, and when Williams went out Zelli followed him—I next saw Williams at the police-court—I am quite sure he is the man.

Cross-examined by Williams. The man came into my bar about 11.30—my employer was not in the bar; the potman was at the door—I bent the sixpence in the till.

Cross-examined by Smith. I did not see you, only Williams.

WILLIAM WALTER ZELLI . I am potman at the Feathers—on 10th August I saw Williams leaving the door of our house, he was pointed out to me by the last witness, and I went after him to the bottom of Berridge Street, where he was joined by two men—I can identify May as one that joined them—I did not see the other one till after, in Pall Mall—they stood talking for 10 minutes, and then separated, and I followed May, who went into Pall Mall, outside the War Office—I gave information to a constable as I went along—I saw the same two men as far as I could say join May again outside the War Office, where the police took them all three into custody—I saw Henry Glover and Edward Smith, a cabman, there.

Cross-examined by Williams. I thought you would recognise me if I followed you, so I followed May.

Cross-examined by May. I saw you outside the Golden Lion—one went up St. James's Street, and the other through Crown Court.

Cross-examined by Smith. I was not certain whether you were the man.

LAURA WARREN . I am barmaid at the Golden Lion, Duke Street, St. James's, almost opposite the Falcon—on the evening of 10th August May came to the house at 20 minutes to 12, and asked for a pennyworth of tobacco, tendering 6d., which I found to be bad—I broke it in three pieces, and gave him two pieces and kept one, which I gave to Edward Smith, the cabdriver, and asked him to follow May, and he went after him—May gave me a shilling, and I gave him 11d. change.

Cross-examined by May. I said at first at the station that Williams was the man, but I recognised you by two scars on the right side of your face; they were a kind of graze; you have not got them now—the cab-man did not tell me then to say it was you—I did not look at the date of the sixpence.

EDWARD SMITH . I live at 89, York Road, Camden Town, and am a cabdriver—on 8th August I was in the Golden Lion about 20 minutes to 12 o'clock, and saw May come in—the barmaid said it was a bad sixpence, and broke it into three pieces, and gave the prisoner two, and I saw him stoop down and pick up a piece of paper in which he wrapped the pieces—I did not see what he then did with them—she gave me one piece, and said "Follow them," as she had called "Police!" and they were so long in coming—I followed him, and saw him go into Pall Mall, where he was joined by the other prisoners, and just after that they were all three taken into custody and to the station.

Cross-examined by May. I did not lose sight of you from the house into Pall Mall—I knew you again by your wearing a white jacket, and by the scars on your face.

Cross-examined by Smith. I did not see you join the prisoners before you were taken into custody—you joined May, and then you were taken into custody.

HENRY GLOVER (Policeman C 44). On 10th August I was on duty in Pall Mall, and about 12 o'clock met Zelli—he called my attention to May, who was standing underneath a lamp-post by himself opposite—at the corner of George Street he was joined by the two other prisoners—Smith came up at the same time as Zelli—in consequence of what Zelli told me I followed May, and took them into custody with the assistance of another constable—they denied all knowledge of one another, and Smith said he was going home—they were taken to the station and searched—on Smith I found two shillings, eight sixpences, and 4s. 4d. in bronze, good money; on Williams 11d., and on May 1s. 11d.—Smith was some way in front of the others when I arrested them—I stopped him by himself—after the charge was taken I went back to where I had stopped him, and on searching there I found a bag containing four bad sixpences and one bad sixpence lying near the kerb, and two pieces of a bad sixpence—I produce them to-day—I showed them to the prisoners at the police-court—they said they knew nothing of them.

Cross-examined by Williams. When I arrested you you were in Pall Mall, opposite the War Office, with May—Smith was about 10 yards in front of you—I found this other money in the street about 2 o'clock, directly after I got back from the station—it was about 12 o'clock when you were taken to the station—the barmaid of the public-house came to give her evidence against you about 1.30.

Cross-examined by May. The sergeant did not send a man out to look

if any money had been dropped—it was about 1.30 when the charge was taken.

Cross-examined by Smith. I only found good money on you.

Re-examined. Smith said the other prisoner stopped him for a light.

WILLIAM WEBSTER . These coins are all bad—the bent one is from the same mould as two that were found in the bag—only these three are from the same mould.

Williams in his defence denied that he was the man who passed the bad sixpence to the barmaid, and called attention to the fact that only good money was found on him. May stated that he knew nothing about passing any bad money; that Williams asked him for a light, and he said he had not got any, when Smith came along, and as he had some that struck on the box he stopped and gave him a light. Smith said that he merely stopped to give Williams a light, when the constable came and took them all to the station.

WILLIAMS and MAY— GUILTY . SMITH— NOT GUILTY . A previous conviction of felony (not an offence against the Mint) in February, 1877, was proved against Williams. WILLIAMS and MAY— Twelve Months' Hard Labour each.

Reference Number: t18830910-780

780. WILLIAM ALFRED CAMPBELL BRIGGS (19) , Unlawfully obtaining by false pretences from Samuel Morle 4l. 5s. 6d., with intent to defraud.

MR. DOUGLAS Prosecuted; MR. GILL Defended.

SAMUEL MORLE . I keep an hotel at 162, Jermyn Street—on Friday morning, 29th June, the prisoner came to my hotel—he sent his card in with the name Campbell Briggs, and said he expected letters—I had a a conversation with him in the coffee-room that morning—he referred to Captain Lancaster, a customer of mine, who was in the same regiment as he was, and said he had heard from him about the hotel—the next morning he called for his bill—it was sent in through the waiter, who returned with a message and this cheque (produced), endorsed W. A. Campbell Briggs, Lieutenant, Second Brigade, Royal Artillery—I gave him the difference, 4l. 5s. 6d—the bill was sent to my bank—it was returned dishonoured—I have received no payment.

Cross-examined. He mentioned the name of Captain Lancaster, in a militia regiment—Captain Lancaster was in a militia regiment—he has used my hotel.

WILLIAM BEALE . I am a waiter at Mr. Morle's hotel—the prisoner came there on the 29tb, remaining there that night—next morning he asked for his account—I gave it to him, and he handed me this cheque—I gave it to Mr. Morle—I gave the prisoner the difference.

JOHN HENRY WHITE . I am a military tailor, at 14, Piccadilly—the prisoner came to me on 28th last June—at that time I had made some clothes for him, and he was in my debt 18l. 13s.—he asked me to send him my account to an address which he gave me at Brighton, and than asked me if I would cash him a cheque for 5l.—I asked him who would pay his account—he said he would—I said it was strange to draw a cheque for 5l., and that he had better draw a cheque for the amount he owed and 5l. over—he did so, and I gave him 5l.—I sent the cheque to my bankers, and it was returned dishonoured—this is the cheque (produced)—I have never seen anything of the money since—I saw him the following morning at Morle's hotel, and spoke to him about the cheque,

and said it had not been met—he expressed surprise, and told me he was going to Islington, and made an appointment to see me, and later in the day made another appointment by telegraph to meet me in the smoking room at the Criterion—he did not keep either appointment—the address he gave me was 32, Waterloo Street, Brighton.

Cross-examined. I had supplied him with artillery accoutrements—he mentioned the name of an officer in ordering them—it was my suggestion that he should draw the cheque—he did not say he had expected money to be paid to his account—I said something to the effect that I supposed he had overdrawn his account—I suggested he should at least pay the 5l. I had given him, and he said he would go and see a friend at Islington, and if he got the money he would meet me at Piccadilly at 2 o'clock, and then he sent me a telegram to meet him later—I did not keep that appointment.

Re-examined. When I gave him the 5l. I believed he had assets at the bank, and that he was an officer in the army.

By MR. GILL. I was also influenced by his connection with the army; he used the name of another officer in the regiment.

EBENEZER HAY . I am a clerk at Grant's Bank, Portsmouth—the prisoner opened an account there on 3rd May—this (produced) is a copy of his account, I have compared it with the books at the bank—it is a registered bank—on 3rd May cheques for 50l. were paid in to his credit, and on the 9th another cheque for 4l. was paid in, and that was the last paid in—the last of his cheques was paid to him on 24th May—the highest was 8l. 10s.—after 24th May he had no assets there—his account has never been really closed—I should think it would be doubtful whether we should take any more now, we should have some time ago, undoubtedly—we have received other cheques, and have not paid them.

Cross-examined. We have received letters from him headed Fort Rana, where the artillery were quartered—the cheques paid in to his account were receipts from the Paymaster General—he had no pass book; he had a cheque-book, but these cheques are drawn on plain paper.

WILLIAM TURPIN (Inspector C). I received the prisoner from the Portsmouth Police on 21st July—I read the warrant to him—it was for unlawfully obtaining from Samuel Morle 4l. 5s. 6d., with intent to defraud, and dated 11th July—I was looking for him from that time—I did not go to Brighton for him—I received a communication from Brighton—when I read the charge he made no reply.

Witness for Defence.

EDWIN JOHN GILKS . I live at 16, Beach Terrace, Southsea, and am an army tutor—I know the prisoner; he is just over 19, and the son of a captain in the Royal Horse Artillery, who is dead—his mother lives at Umballa—he was with me till April, when he joined the Southern Division, Second Brigade of the Royal Artillery—he received 10l. a month from his mother in India, and 50l. as well every April—he had 170l. a year altogether—I myself received money from his mother—his remittances from India got behind at times—at one time he expected three months', 30l. all at once—he asked me if I had any remittances from his mother to pay them into Grant's to facilitate his drawing—I live at South-sea, where the bank is—he left me his address at Brighton—I have received letters and cheques from his mother, and her signature has been honoured at the British Linen Bank, in Scotland, and other banks—I

have no doubt this envelope with a post-mark Umballa, India, and date June 23rd is in her writing—he spoke to me about that time on the subject of expecting a remittance from India—I believe he was in earnest about that, and that some of the money has come in since.

NOT GUILTY .

Reference Number: t18830910-781

781. WILLIAM WILLIAMS (62) PLEADED GUILTY to a burglary in the dwelling-house of Louisa Percival, and stealing three dresses, a petticoat and other articles, the property of Elizabeth Hall; also to a conviction of felony on 14th January, 1878, in the name of Johnson.— Twelve Months' Hard Labour.

Reference Number: t18830910-782

782. NEVILE HUTCHINSON (30) to forging and uttering orders for the payment of 70l. 19s., 60l. 11s. 4d., and stealing 54l., the property of the South-Eastern Brush Electric Light Company, his masters; also within six months falsifying a cash and pass-book, with intent to defraud.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]

Reference Number: t18830910-783

783. JAMES HUDSON, otherwise MOORE (25) , to forging and uttering an order for the delivery of a cheque-book, and forging and uttering orders for the payment of 2l. and 2l.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]

Reference Number: t18830910-783A

783A. SUSAN BROWN (35) , Unlawfully uttering counterfeit coin, having been before convicted of a like offence.— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.] And

Reference Number: t18830910-783B

783B. ALFRED KILFORD (17) , Unlawfully uttering counterfeit coin.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]

NEW COURT.—Monday, September 10th, 1883.

Before Mr. Common Serjeant.

Reference Number: t18830910-784

784. GEORGE DEPTA (23) , Unlawfully uttering counterfeit coin.

MR. LLOYD Prosecuted.

ANNIE HARTLEY . My husband is a tobacconist, of 92, Drummond Street, Euston Square—on Monday, I think it was July 23rd, I sold the prisoner a twopenny cigar—he gave me a shilling—I gave him 10d. change, but afterwards found it was bad and put it on the shelf—this is it (produced)—on a Monday about three weeks afterwards he came again for a twopenny cigar, gave me a half-crown, and I gave him 2s. 4d. change—I afterwards found it was bad—this is it—about a week afterwards he came again for a twopenny cigar and gave me a bad florin—I said "I won't give you the 1s. 10d. out of this florin, as I gave you 2s. 4d. last Monday out of a half-crown, and it was bad; I remember your face"—he said "I am very sorry, will you take it out of this shilling? I have not been in the shop before"—I said "You are telling a falsehood; I shall give you in charge"—he ran away—Walker ran alter him and brought him back, and Burt took him in custody.

Cross-examined by the Prisoner. There was not another coin in the till on either occasion.

CHARLES PASTON . I am a pensioned police-office—on 20th August, about 11.30 a.m., I saw the prisoner in Mrs. Hartley's shop, receiving some change from her—next Monday, the 27th, I saw him there again—I have no doubt of him—I heard him say on the 27th that he would pay the whole of the money back to her if she would accept it, but he only had a shilling in his pocket.

ARTHUR WALKER. I am a naturalist, of 96, Drummond Street, Euston Square—on 27th August Mrs. Hartley pointed out the prisoner

to me—I ran after him 50 yards and brought him back—he said "Leave go of me; I don't want to be shown up; I will come back"—he said to Mrs. Hartley "I will pay you the money back which you have taken of me"—she said "No, I will give you in charge," and she did.

By the JURY. She said that she had taken 8s. off of him, and he said "I will pay you that back, as I don't want to be locked up."

HENRY BURT (Policeman S 376). Mrs. Hartley gave the prisoner into my custody—I found on him a shilling's worth of stamps, a good shilling, 1d., this watch and chain, two letters, a scrap of paper, and a Hanoverian farthing—I said "Where do you live?"—he said "I have recently come from Chatham, and have been living; over the water; I don't know where."

ANNIE HARTLEY (Re-examined). I had taken altogether 8s. in bad money, but could not positively swear to the first half-crown—I said "I believe 8s. is all the bad money you have passed on me"—he said "I will pay you."

WILLAM WEBSTER . I am Inspector of Coin to Her Majesty's Mint—these three coins are bad—this other coin is worth nearly a farthing, being struck in copper instead of brass—it has on it "To Hanover, 1837."

The Prisoner's Statement before the Magistrate. "I was never in the shop before. I want to know how it was she let me go on the second occasion."

Prisoner's Defence. I did not know that the florin was bad. I had never been in the shop or in the street before.

GUILTY .— Nine Months' Hard Labour.

Reference Number: t18830910-785

785. HERBERT TAYLOR (17) , Unlawfully uttering counterfeit coin.

MESSRS. LLOYD and HICKS Prosecuted; MR. FRITH Defended.

JAMES STEPHBNSON . I am a baker of 49, Old Compton Street—on 26th July, about 5.30, the prisoner came in for a penny scon, and tendered a shilling—I put it by itself behind the counter, gave him the change, and he left—about five minutes afterwards I found it was bad—about a quarter of an hour afterwards I was called down, and found the prisoner in the shop—my assistant showed me a florin, and I told the prisoner as he came with a bad shilling before and with a bad florin now I should give him in charge—he said that he got the coin from a boy outside—I saw a boy outside, but I should not know him again.

LILY ROBEBTSON . I assist in Mr. Steward's shop—on 26th July, about 6 o'clock, I served the prisoner with two scons, which came to one penny—he gave me a florin—I bent it in the tester, and called Mr. Stephenson—the prisoner said he did not know the coins were bad; he got them from some boys outside.

Cross-examined. He said a lad gave it him in a public-house.

JOHN CRAWLEY (Policeman E 393). The prisoner was given into my custody with these two coins—I said "Where did you get these?"—he said "A boy gave them to me outside the shop, and if you will let me go I will go and fetch him"—he said at the station that the boy's name was Arbied—I asked him if he knew the Christian name—he said "I think it is Ben"—I searched him in the shop, but found nothing—I found Arbied between 11 and 12 p.m.

Cross-examined. He told me at the station that Arbied asked him to go in for scon.

BENJAMIN ARBIED . I shall be 17 on November 9—I live at 4, Phoenix Street, Soho, and work at Mr. Fry's cigar shop—on 26th July, about 5.30, I was coming from Mr. Fry's stable, and met the prisoner—I had a nosebag on my back, and he had a can in his hand—he called "Ben"—I took no notice, and he called again "Ben"—he knew me by selling ices on Sundays for my father—he pulled out a florin and a shilling in tissue paper, and said "Go and get us a scon"—I said "You go and do your own work; I have plenty of work to do"—he said "Will you have a snips?"—I asked him the meaning of snips—he said "Bad money"—I would not accept it, and went home.

Cross-examined. He had called me "Ben" before—he used to come to my barrow on Sundays and say "Ben, give me a ha' porth of ice cream"—I don't know where he lives—I have seen him in the neighbourhood about two weeks—the policeman told me that the prisoner accused me of having given him the shilling and florin, and I thought I should get into trouble if I admitted it to be true—I have known Engleson about two years—I did not see him in Old Compton Street that day—I have had no quarrel with him—I know that he says he saw me give the prisoner the florin, but he cannot face me—I used to nod to him, but never spoke to him—the prisoner offered me a shilling on this day and I would not accept it, but I tried it with my teeth—I would not go for the scons, and I told the prisoner so.

Re-examined. When he asked me to take the coin nobody else was near—I knew Engleson, and I swear he was not there.

MR. FRITH called

HARRY ENGLESON . I am a labourer, of 3, Chapel Street, Soho—I am 14 years old—about 5 o'clock on a Wednesday, two days before I gave evidence before the Magistrate, I was in Old Compton Street and saw the prisoner there—Arbied gave me a sixpence, and he gave the prisoner a florin and told him to go into the baker's shop and get some scons—he went, and I did not see him come back—Arbied had not asked anybody else to go for them.

Cross-examined MR. LLOYD. I live with my mother and father—I work with my father at the Anglo-American Company, Farringdon Road—I was not at work that day because I was ill—I had a cold—I had known the prisoner two days before this offence, and Arbied three months—he gave me the sixpence for half an ounce of tobacco and a halfpenny cigarette, which were to be got at Mr. Fry's, who lives down the Dials—I saw the prisoner go into the baker's shop—Arbied was standing at the corner of Compton Street at this end of Crown Street, that is 100 yards from the shop—he remained there a quarter of an hour and I stood watching him—I do not go to school—what I have said is true.

Re-examined. I simply saw him standing there—I did not suspect there was anything wrong—I never had any quarrel with him or any reason to tell what is untrue—I told the Magistrate what I knew.

NOT GUILTY .

Reference Number: t18830910-786

786. JOHN JONES (24) , Unlawfully uttering counterfeit coin.

MR. LLOYD Prosecuted.

EMILY FRIEND . My husband keeps the Warrior beershop, Commercial Road—on August 18th, about 8 p.m. I served the prisoner with one pennyworth of tobacco—he gave me a shilling—I bent it nearly in half in the tester and told him it was bad and that I had taken a bad one

last Thursday—he then gave me a penny—I cannot swear to the shilling—he said "I did not know it was bad; if you break a piece out of it they will not take it elsewhere; I know where I took it, I will take it back to them."

Cross-examined by the Prisoner. I did not say at the station that I could almost swear you were the man, I said that you were the man—I knew you by your sunburnt face and your little moustache.

LOUISA WAHLERS . I am barmaid at the Castle, Commercial Road—on 18th August, about 9.30 p.m., the prisoner came in for some ale and put down a shilling—it was not defaced—I showed it to the landlord, who tried it and found it was bad—this is it (produced)—he was given in custody.

THOMAS ROSE (Policeman H 172). I took the prisoner, and said "What do you say in reference to this shilling?"—he said "I did not know it was bad.

WILLIAM WEBSTER . This shilling is bad.

The Prisoner's Statement before the Magistrate. "I am very sorry for what happened. I have never been locked up before."

Prisoner's Defence. I am innocent of going into this woman's house on Saturday night. I was at Limehouse Church at 8.20, and at the other house. I did not know the shilling was bad.

NOT GUILTY .

OLD COURT.—Tuesday, September 11th, 1883.

Before Robert Malcolm Kerr, Esq.

Reference Number: t18830910-787

787. WILLIAM SINNOCK, Unlawfully obtaining by false pretences three guineas from Charles Henry Lorberg, and other sums from other persons.

MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. FILLAN Defended.

CHARLES HENRY LORBEBG : I am a cutler at 59, High Street, Kensington—on 3rd January, 1878, I paid the prisoner 3l. 3s. for which he gave me this receipt—it was for the "Hammersmith and Shepherd's Bush Guide and Register"—he said it was to be brought out in about six months—he represented that he was Mr. Sinnock, of Russell Court, Strand—he mentioned the firm of Sinnock and Co.—I believed that he was going to bring out the directory, and that he was carrying on business in Russell Court—I have seen no directory or advertisement, nor have I got my money back.

Cross-examined. The prisoner showed me some directories which he represented he had brought out, with his name printed on them, similar to this (produced), but I am under the impression it was bigger than this—he showed me a block similar to this (produced).

GEORGE ROBERT BABER . I am a draper in Goldhawk Road, Shepherd's Bush—on 29th May, 1878, I paid the prisoner 1l. 15s.—he gave me this receipt for it—it was for an advertisement in the local directory—he said he was Mr. Sinnock—I understood him it was Sinnock and Co., and that he was one of the sons of the firm—he introduced himself to me—I believed he was about to issue a directory, and that Sinnock and Co. were carrying on a genuine business.

Cross-examined. He told me he was one of the sons, and that his

father was in the concern—he showed me a directory that he had previously brought out—he said he was going to bring out the directory in two months.

PETER MORGAN . I am a gardener and florist at Shepherd's Bush—on 14th June, 1878, I paid the prisoner 1l. 10s. for an advertisement in the "Hammersmith and Shepherd's Bush Guide and Register"—he gave me this receipt—he said that he was Sinnock and Co.—he said his father had brought out a directory on the coast, Worthing, I think, was one place, and he was going to bring out a local directory there, and he was canvassing for advertisements in that—I believed his statement, and paid him the money—I saw the prisoner on several occasions—I never got my money back, or ever saw the advertisement.

HENRY OTTE . I am a wine merchant, of 1, Union Terrace, Notting Hill—on 26th September, 1878, I paid the prisoner 30s., and he gave me this receipt for an advertisement in the local directory—he said he belonged to the firm of Sinnock and Co.; he did not mention the address—I believed his statement that he was going to bring out a directory with my name in it—I never had a directory or got my money back.

Cross-examined. I do not know that Messrs. Blacklock were printing this directory for the prisoner, and that they afterwards brought it out in their own name.

JOHN BRILL . I am proprietor of the Star and Garter, Kew Bridge—in July, 1879, the prisoner canvassed me for an advertisement in the "Hammersmith and Shepherd's Bush Guide"—he said he was William Sinnock, of the firm of Sinnock and Co., Russell Court—I paid him three guineas, and he took off a guinea discount—he gave me this receipt—he said the directory was coming out within a month—I believed the statement he made that he was of the firm of Sinnock and Co., carrying on business in Russell Court, Strand, and he was living at Lawn Villas, Turnham Green—I wrote to him, and received this letter. (This stated that the directory would be out very shortly, when a copy and plate would be sent. Signed "Sinnock, junior.") I never saw any advertisement or got my money, nor yet the copper plates that I lent him, and which he had made for me and charged me 3l. 5s. for them.

HENRY HAYLETT BIRD . I am a draper, of Turnham Green—in July, 1879, the prisoner canvassed me for advertisements for his directory—I paid him 2l. 2s. and gave him a guinea's worth of goods—he gave me this receipt—he said he was William Sinnock, of Lawn Villas—he had an old directory in his hand—he called several times—I believed that he was carrying on a bond fide business, and that he was bringing it out—he said it would be out in about 14 days.

Cross-examined. It was not a proof of the advertisement that he promised in 14 days; he said nothing about a proof.

JAMES ALLEN . I live at the Queen Adelaide public-house at Penge—in November, 1882, the prisoner called and canvassed me for an advertisement in the Sydenham and penge local directory—I gave him 7s. 6d., and he gave me this receipt—he said he was canvassing for Sinnock, Howard, and Co.—the directory never came out, and I have never got my money back—he said his brother-in-law was getting it out, and he was the agent.

Cross-examined. He did not show me one of the books produced with Sinnock, Howard, and Co.'s name on—he showed me an older book.

HENRY WALTER GREENBERRY . I am a draper, of High Street, Sydenham—about 3rd or 4th April last the prisoner called on me for an advertisement for a local directory—he said he was canvassing for Messrs. platt and Burdett, local publishers and printers—at first I did not give him an order—he showed me three or four directories—I then gave him a guinea for an advertisement—my house is called Palace House, and he drew this sketch to show where he was going to put the advertisement in—I believed that he was canvassing for Platt and Burdett, and that they were preparing the directory—finding that the directory did not come out I applied to Platt and Burdett, and from what I heard I got a warrant for the prisoner's arrest.

Cross-examined. I had only opened my shop on 23rd March, and I was in a great bustle—I am sure he said he was canvassing for Platt and Burdett—he gave his own address as 34, Stanstead Road; that is on the receipt—I did not look at the receipt at the time; I was too busy—I heard from my predecessor that Platt and Burdett printed a local directory—they had canvassed me for orders, but I had not given one—I was conversing with the prisoner for about an hour and a half—I believe he showed me two or three directories; I did not see the outsides of them; he opened them in the centre, and said I could have the page opposite the Court Guide.

JOHN EDWARD FINCH . I am a dairyman at Rushey Green, Catford—on 18th May last the prisoner called on me and asked me to go in for a local directory—he said he was canvassing for Platt and Burdett, of Upper Norwood—I ultimately gave him an order for 250 copper-plate cards, to be executed by Platt and Burdett, and afterwards I gave him 7s. 6d. for an advertisement, and he gave me this receipt signed "William Sinnock, 20, Ewart Road, Forest Hill"—I believed his statement, and on the faith of it parted with my money—the directory never came out.

Cross-examined. I saw that Platt and Burdett's names were not on the receipt; I did not ask him how that was; I thought it was their receipt.

GEORGE BURDETT . I am a partner in the firm of Platt and Burdett, printers and publishers, of Forest Hill and Norwood—I did not know the prisoner before he was given into custody—our firm never employed him as a canvasser—we publish a local directory with our names on it and with a red binding—in consequence of complaints we had printed notices issued to tradesmen and others warning them against a canvasser.

JOHN HANSON . I am a printer, of 16, Russell Court, Catherine Street, Strand—I know the prisoner; I printed some cards for him—I agreed to take in letters for him; he did not pay me for it; he paid me for the cards—he had his letters addressed there—there was no firm of Sinnock and Co. carrying on business there, but I did a good deal of work for him—there was no business carried on there—no directory was published there—no name of Sinnock and Co was painted up.

Cross-examined. I did not publish the directory for which he was canvassing—I don't know that Messrs. Blacklock published it—I printed his receipts—I knew he was putting my address upon them—he asked my permission to use my place as his business place as he only lived in private lodgings, and I gave it—that is very usual in a publishing business—he came every morning and opened his letters and gave me work—the business of a directory compiler is principally out canvassing.

SARAH JANE RICHARDS . I live at 3, Lawn Villas, Turnham Green—the prisoner and his wife came and lodged there till 20th February—they occupied two rooms—a day or two after they left Sergeant Winzer came—no printing was done there—orders were taken for printing.

Cross-examined. I knew his brother-in-law, Mr. Howard; he worked for him—the prisoner was very hard-working; I have known him to work on Sunday the whole of the day writing; I don't know what he wrote.

MARIA MARSH . I live at 24, Stanstead Road—the prisoner lodged there in the middle of April last; he occupied one furnished bedroom at the top of the house—no business was carried on there—he left at my request.

EDWARD KENDALL . I am manager of a coffee palace at 12, Heath Road, Penge—the prisoner lodged with me from April, 1882, till November—he occupied one bedroom by himself at the top of the house—I lent him the use of the coffee-room occasionally to write in—no directory was brought out at my place, or any printing—or publishing.

Cross-examined. I am not a printer—I should have been surprised at any printing going on at my place.

JOHN WINZER (Detective Sergeant P). I received information from Mr. Greenberry, and a warrant was taken out at the Greenwich Police-court for the prisoner's arrest—about 11.30 on the night of 22nd May I went to 20, Ewart Road, Forest Hill—I there saw the prisoner—I asked him his name—he said "William Sinnock"—I said "I have a warrant for your arrest"—I read it to him—he said "I never said I came from Platt and Burdett"—I said "There are other charges against you at Brentford and Turnham Green"—he said "Yes, that is three years ago"—I searched him and found on him a portmanteau and bag, and a directory in the name of Thompson and Sinnock, of 1882—I was formerly in the "T" Division of the Police, and in May, 1882, I received a warrant for his arrest at the instance of a Mr. Bishop—I was not able to find him, and heard nothing of him until this matter occurred in May this year.

JESSE JORDAN . I am a confectioner, of Stanstead Road—on 2nd February this year I paid the prisoner 13s., and have his receipt for it—he called to know if I would go in for a trades' directory—I said I did not know—I asked where he came from—he said "From Platt and Burdett's, Forest Hill"—I knew that firm and believed his statement—I never had any directory sent me or had my money back—I saw him afterwards almost daily—I asked him when it was coming out—he said "In a week or so."

Witnesses for the Defence.

WILLIAM NORTH . I am manager to Messrs. Henry Blacklock and Co., letterpress printers and engravers in London and Manchester—in 1879 I had a contract to print a directory for him for West Kensington and Hammersmith—I commenced the execution of that contract—his wife gave me the matter for it from time to time—a very small portion of that matter is comprised in this directory for 1882 (produced)—he also sent blocks for advertisements—it was his fault that it was not completed, not mine—he went away, and I knew nothing of him for a long time—I did not apply to him for money in advance; I did to his wife's friends—I have no animosity to him, except that he made a bad debt—his wife's friends applied to me to settle the matter—I was also in communication with a Mr. McMullen, who I understand was his wife's solicitor—it was

in consequence of not having the money that I did not execute his order—we afterwards brought out the directory on our own account—it has not succeeded financially.

Cross-examined. Our address in 1879 was 75, Farringdon Road—the prisoner first came to our firm in 1878—I believe it was about March, 1879, that I gave him an estimate for this directory—the matter he brought amounted in cost to about 50l.—he disappeared for some time, then he wrote to me from Canterbury—he owed us about 50l. when he went away.

Re-examined. I did not know that his wife had deserted him in 1879 until a short time ago—I knew he was ill—it would take six months to get out a directory; it might take a year.

RICHARD HENRY BRISROW MCMULLEN. I am a solicitor—I was acting for the prisoner's family in 1878, 1879, and 1880—they endeavoured to help him with money to get out this directory—I had about 100 blocks in my possession—I tried to complete the matter with Messrs. Blacklock on behalf of his friends—they were going to advance him money, but had not sufficient—he was laid up at the time.

Cross-examined. I attended at the Brentford Police-court in May, 1880, where the prisoner was summoned to answer the charge—I got a remand from time to time—he never appeared, and a warrant was issued—I did not know where he was at that time.

GUILTY on the three last counts. Twelve Months' Hard Labour.

Reference Number: t18830910-788

788. JOHN HENRY MATHEWS (22) PLEADED GUILTY to stealing a watch from the person of Walter John Frewer, and also to a conviction of felony on 14th January, 1878, in the name of John Sweeny.— Five Years' Penal Servitude.

Reference Number: t18830910-789

789. GEORGE SMITH (18) PLEADED GUILTY to robbing Henry Downes Miles of a watch and chain. He was also charged with having been convicted of felony in December, 1881, in the name of William Richardson.

MR. GEOGHEGAN Prosecuted.

ANDREW GRIFFITHS (Policeman N 92). I was present when the prisoner was convicted in the name of William Richardson of being in possession of housebreaking implements by night.

GUILTY.— Two Years' Hard Labour.

Reference Number: t18830910-790

790. JOHN SMITH (41) , Robbery with violence on Eugene William Robinson, and stealing a foreign coin, an order fur the payment of 8l. 10s., and money to the amount of 2l. 11s.

MR. GRAIN Prosecuted; MR. PURCELL Defended.

EUGENE WILLIAM ROBINSON . I have been manager at the Golden lion in Dean Street, Soho, for about six months—on Monday, 6th August, Bank Holiday, between 8 and 9 o'clock, the prisoner came into the bar and called for some gin and paid for it, and then called for a second lot; he did not pay for that, he was asked to pay—I came round the bar and he offered to toss me, and threw up what I took to be a halfsovereign—I said I did not toss—he offered to put it on a horse for me—I said I did not bet on horses—my wife asked him again for the money—he began abusing me and called me a bastard—I went and sat down in the taproom, he followed me there—there was more abusive

language, and when he came out one of the customers said, "If the landlord does not turn out I shall have to, as my wife is here"—the potman turned him out—inside, and when he was just outside, he threatened to bring round a lot of cracksmen from Seven Dials, and said he would give me the mill, and that I had got 3l. that I owed somebody, but he did not say who, and that I should have to tip it up that night—about 5 minutes after 11 he came back with about 30 or 40 men—I was serving in the bar and had forgotten about his threats, and did not think he meant to—all the bar doors were opened at once, and they came into the bar—the prisoner said, "There is the bastard"—the things were thrown about by the crowd, the gas was broken, and the bottles cleared off the counter—the prisoner threw the glass shade from the pork pies at me—there was considerable damage done, and I went upstairs and got a sword and revolver—while upstairs I could hear the things being smashed—when I came down I flourished the sword about and frightened most of them out, but they still kept throwing, and the potman came out with the poker—two constables had arrived outside, and I succeeded in getting the people out and in closing the doors—I then put the sword behind the door, and told the constable I wanted to charge a man—prior to that the prisoner had torn at my waistcoat pocket and taken some papers, a demand note for taxes, and a pawn-ticket for a piano, they were brought back to me the next morning by a stranger—the prisoner ran up the street—I said something to the police, and followed him to charge him with breaking in the house and taking the papers—the prisoner was going at a quick trot, and the other men were scattered about the road following with him—I ran too quickly for the police—the prisoner and others hung back in a doorway, and as I passed sprang out—I ran into the Dog and Duck public-house for protection—the prisoner and two or three other men followed me in—I tried to get over the bar—the prisoner got hold of my throat, and tore my pocket and took my purse away, and put me against the wall and kicked me—in my purse were a sovereign, 1s. 11d. in silver, an Indian coin worth 4d., a registered letter to Australia, and a bill for 8l. about three months overdue—I have never had that returned—he tore my waistcoat, this is it (produced), and trousers—he gave the purse to another man, a fair man with whiskers and a light moustache, who ran out directly he got it—the prisoner kept thumping me till the constable came and made him be quiet—I could hardly speak when I was released—I held out my hand and pointed to him when I got breath—I charged him with robbing me—I was charged about two years ago with keeping a brothel, I was not convicted—it was what one of my tenants did.

Cross-examined. The prisoner is my tenant, and has been for some years—he did not suggest we should toss for drinks, but for money—he did not mention he had had a notice from his superior landlord—three days before he told me so, and I read the notice—he did not show it to me on this particular night—the superior landlord did not say in that notice that he could not get his money from me, and that therefore the prosecutor was not to pay it to me—he did not call for it—I have a little house property—I have a house at 40, Panton Street—I did have one at 16, Dante Road, Newington Butts, I have not got that now—40, Panton Street was let out in lodgings to tailors—I never had a house in Leicester Street—I had a barber's shop and parlour at 41, Whitcomb Street two

years ago—14, Bear Street, Leicester Square, is one of my houses—14, Bear Street was a brothel, I believe, when a tenant of mine was there; it is not now—40, Panton Street was convicted as a brothel, and my tenant was fined 40l.—my wife was not convicted, she might have been bound over—we neither of us pleaded guilty—Mr. Rutley is my master at the Golden Lion—he was charged last Session with fraud in connection with some labels which his manager had printed—I was forbidden to get over the counter of the Dog and Duck—I could hardly speak inside the Dog and Duck to charge him, I only pointed to him—directly I got outside the door I charged him with stealing—he never mentioned the notice on this night—he was always friendly with regard to me—the house was not quite empty when he came back at 11 o'clock with the two men—a young man went for a policeman—a stranger brought back the papers next day, and said he had picked them up in Queen Street, through which the prisoner, passed to be locked up—two others helped the prisoner kick and hit me in the Dog and Duck, but the prisoner took the purse and gave it to another man who did not hit me—the landlord of the Dog and Duck was behind the bar when I went in; I don't know if anybody else saw it—I do not know either of the two other men or the man who took the purse; I gave a description of him—he has not been found, nor the purse, nor the Indian coin—I had my purse in the Golden Lion; I paid a man a shilling in the prisoner's presence when he first came in at 8 o'clock—I took a stamp out of the purse about 11 o'clock, just prior to the army arriving.

WALTER CAMPION (Policeman C 112). At 11.30 on Bank Holiday, 6th August, I was in Dean Street, Soho, and heard cries of police, and saw people running towards the Dog and Duck public-house—I followed in the direction they were going, and heard a great disturbance in the Dog and Duck and forced my way in, and saw the prisoner holding Robinson by the throat—I called to him to let go of him; he did so, and wanted to leave the public-house—I told him to wait, as the prosecutor was unable to speak, until the man could speak, to hear what was the matter—after a moment or so the prosecutor could speak properly—there was blood on too prosecutor's face, from his nose and mouth I think—he said "I give that man into custody for assaulting me and stealing my purse," and showed me this waistcoat—the prisoner said nothing——there was a great shouting and noise with the other persons then in the bar—I told him I should take him to the station; on the way there I had hold of the prisoner, and the prosecutor was behind me; I heard cries of "Murder," and turned round and saw some one attacking Robinson—his shouts brought Bullock, another constable, to his assistance—at the station the prisoner was charged with stealing 1l. in gold, 31s. in silver, an Indian coin, and some papers—he said "Very good, that is quite right"—I searched him, and found 5s. 6d. in silver, 5d. in bronze, a bank of engraving 10l. note, two pawntickets, and a book relating to betting accounts.

Cross-examined. There were fourteen or sixteen people inside the Dog and Duck when I went in; it was crammed full—the potman came round into the compartment I was in—I saw the publican behind the bar with the barmaid—I went into the compartment the people were in—the prisoner and prosecutor were in the corner of the public compartment, the prisoner holding the prosecutor down and thumping him—the prosecutor

said "I give this man into custody for assaulting me and stealing my purse"—the publican was behind the bar then.

THOMAS BULLOCK (Policeman D 102). About 11.30 on Bank Holiday, 6th August, I was in Dean Street—somebody said something to me, and I went to the Golden Lion—the prosecutor was just coming outside; he said something to me and ran on, and I followed—I saw the prisoner running in Greek Street and go into the Dog and Duck, and I followed—a disturbance was going on there—the prosecutor was in the corner of the bar quite exhausted, and the prisoner had had hold of him by the throat—the prisoner wanted to leave the public-house; I said, "No, you must wait a bit"—the prosecutor could not speak for a moment; I had to detain the prisoner till he could speak, and then he charged the prisoner with assaulting and robbing him of his purse—the prisoner made no remark—I accompanied him to the station; on the way he used some bad language—I heard the prosecutor calling out, and looked round and saw two men assaulting him—I saw this waistcoat on the prosecutor in the Dog and Duck torn like it is now.

Cross-examined. On the way to the station the prisoner said he would like to get at Robinson and throttle him.

JOHN DAVIS . I am potman at the Golden Lion—on Bank Holiday, August 6th, the prisoner came in between 8 and 9—I heard some part of the conversation between him and Robinson—I was there when the prisoner came back about 11 with a number of men—I saw the prisoner throw some glasses at the prosecutor, and putting his hand somewhere about here (pointing to his waistcoat pocket).

Cross-examined. There was a slight quarrel between the prisoner and Robinson; the prisoner wanted to bring some one round to fight him—the prisoner seemed angry with the prosecutor about something and used bad language—when Robinson came back later there was a scuffle between him and the prisoner—I did not see Robinson get his clothes torn—I did not see a revolver and sword—I was trying to get them out.

WALTER CAMPION (Re-examined by MR. PURCELL). Young Robinson was called at the police-court, and another witness, Mills, was called.

VINCENT WILFRED ROBINSON . I am Robinson's brother.

Cross-examined. On the road to the police-station my brother told me he had lost his purse—I am quite sure it was not before he went into the Dog and Duck—I made a mistake when I said at the police-court that my brother said he had lost his purse before he went into the second public-house.

Re-examined. I did not correct my mistake afterwards—I have now.

NOT GUILTY .

Reference Number: t18830910-791

791. JOHN SMITH was again indicted for an assault on the said Eugene William Robinson.

EUGENE WILLIAM ROBINSON . At the Golden Lion the prisoner threw the cover of a glass shade and a glass at me, and tore my waistcoat—when I went to the Dog and Duck he kicked me about the ribs, while he had me by the throat and thumped me with his clenched fist in the head.

Cross-examined. The prisoner had been in the house on the Friday or Saturday before; he was there once every week on Wednesdays to pay his weekly rent—I won't be sure whether he came on the Wednesday or

Thursday before this—he did not pay on the Monday—he showed Mr. Bramwell's letter when he paid the rent on Wednesday or Thursday—he did not say he would not be able to pay me the rent on the following week—I did not deny that Mr. Bramwell had given him any such notice and say it was some trick of his to prevent his paying—I asked him to give me a copy of the letter, because I was at variance with Mr. Bramwell—there was a discussion about it about 8 o'clock, when he offered to toss me—there were two cabmen and their wives in the bar—they are not here to-day—I did not toss the prisoner, and when I lost say "My game is not paying"—I never toss—if I had tossed the cabmen would have seen and would have heard what I said—I did not offer to box with the prisoner—we went into the public taproom, not for the purpose of boxing—there were no gloves to box with; the people there must have seen them if there had been—there is a witness outside who saw the purse taken from me—I never had boxing-gloves on—I did not say my potman could box the prisoner—I only passed through the parlour and taproom to get into the street—I did not help the potman push the prisoner out—the prisoner was not drunk—the customers asked me to turn him out, and I told the potman—I don't know if the prisoner's walking-stick was broken—he did not complain to me that it was—we get hardly any customers on Bank Holiday; we were very slack indeed—Mr. Rutley was not in the house this evening—I remained about four or five minutes in the bar before I went to get the sword and revolver—when I came back the men were still breaking the bottles and clearing the counter; they were strangers—the prisoner went towards the Dog and Duck, and I followed him—I did not knock his hat off; I never touched him—I ran away directly I saw him in the doorway—I was not quarrelsome or offensive to him—the glass did not strike me—he thumped me in the ribs in my own house—I do not think the potman saw him do that—he also kicked me in the ribs and thumped me on the head in the Dog and Duck—I have seen Mr. Cooper, of the Dog and Duck, here to-day.

WILLIAM DAVIS . I was in the Dog and Duck on the Bank Holiday, about 11 o'clock—I saw Robinson come in there—he went to get over the counter; he was shoved off, and the prisoner thumped him about—I got knocked over, and an old gentleman there got knocked over and his hat was knocked in—Robinson's face was covered in blood, and I saw the prisoner tear his waistcoat in half and take something from his pocket and pass it to another man—I did not know the prisoner or Robinson before—the constable came, and Robinson said he would give the prisoner in charge—I got my lower and upper lip turned up.

Cross-examined. That was done outside—when Robinson went to get over the bar the prisoner came in with two or three others, and they went at him and surrounded him—there were three men—they were at the back of the prisoner; they did not touch him—they knocked me about when I was outside—a gentleman was having a glass of ale and his stool. got knocked over, and so did the gentleman.

Re-examined. I saw the prisoner striking Robinson.

---- COCK. I was in the Dog and Duck on Bank Holiday—Robinson ran in first, and asked Mr. Cooper for protection, saying "They will murder me; save my life"—he was half over the counter when the prisoner ran in and caught hold of him, and beat him in an unmerciful manner.

Cross-examined. It was very cruel indeed—I did not go to give evidence the next day; this is the first time I have given evidence—Mr. Robinson has brought me here—he is not a friend of mine; I never go to his house—I am foreman to Messrs. Roberts and Edwards—it was my hat that was damaged—the place is only two yards wide; I was at the back—the prosecutor was lying on the counter, and they were knocking him about, and he called out "Murder!" and "Police!"

Re-examined. He was unmercifully beaten—Messrs. Roberts and Edwards are a firm in Wardour Street.

WALTER CAMPION (Policeman C 112). What I stated just now is correct—I saw the prisoner holding Robinson by the throat.

Cross-examined. There were a number of persons in the compartment—stools were upset and great disorder—the prisoner appeared to be in a very desperate condition—I did not hear that when in custody he wanted to throttle Robinson.

THOMAS BULLOCK (Policeman D 282). The evidence I gave in the last case is correct.

GUILTY of a common assault. Eight Months' Hard Labour.

Reference Number: t18830910-792

792. JAMES FOY (47) and DANIEL HEALY (28) , Burglary in the dwelling-house of William Hocking, and stealing four coats and a pair of trousers, his goods.

MR. GEOGHEOAN Prosecuted.

WILLIAM HOCKING . I live at 7, Auckland Road, Clapham Junction—19 and 20, Ryder Court, are in the occupation of my father, a builder—in No. 20 there is a back room we call the kitchen—on the night of 27th July I left the articles mentioned safe there—at 8 o'clock on that night Foy came to my house and asked for a job—I told him to leave—when I came to the house on 28th July I found the coats gone—entrance had been effected through the back passage and a closet door—a door had been opened—people sleep upstairs on the premises.

Cross-examined by Foy. The police had been in after you—I could not say if my place had been broken open—the window was broken open when I was there—there was no fastening to it.

WILLIAM CARROLL . I live at 19, Ryder Court—on the night of 27th July, at 10.30, I heard a slight noise outside No. 20—I looked out, and saw the forms of two men on the roof of the builder's house—I called out once or twice; no one answered—I was not satisfied, and went to the front, and there saw the police.

Cross-examined by Foy. The forms were about 20 yards from me—I could not recognise them—I did not see anybody when I went round—Mrs. Norton went round with me.

SARAH ANN NORTON . I live at 6, Ryder's Court—from something I heard on the night of 27th July I went to Mr. Hocking's back entrance—the gate was shut, but I saw the two prisoners come out with a bundle—Foy was carrying it.

Cross-examined by Foy. Only I went to the back entrance—I saw you coming out.

Cross-examined by Healy. I was on the pavement opposite the gate when I saw you—I recognise you as one of the men coming out.

ROBERT JOYCE (Policeman C 143). From something I heard on the night of 27th July I went to Hayes Court, about 100 yards from Ryder

Court, and saw the two prisoners carrying this bundle (produced)—I showed it to the prosecutor at the police-court—it contains the articles mentioned in the indictment—I asked the prisoners what they were doing with it—they said nothing—a knife was found on Foy.

Cross-examined by Foy. I went through the Hayes Court, and saw you in Dudley Street—you did not say you were going to the Angel to wait for a man—I did not say before that you said so.

GUILTY .— Twelve Months' Hard Labour each.

Reference Number: t18830910-793

793. CHARLES TUMMER (27) , Robbery with violence on Charles Kippin and stealing his purse.

MR. GEOGHEGAN Prosecuted.

CHARLES KIPPIN . I live at Geoffrey Street, Kentish Town, and am an omnibus driver—on the night of 30th July I was leaving the 'bus yard to go home, and going in the direction of the Malvern Road, when I was stopped by a lot of roughs—one of them asked me for a light—I told him I did not smoke and had not got one—I received a thump in the ear from the prisoner—I arrested him and found his hand in my breast pocket and my purse in his hand—I took it from him—I do not usually Keep my purse in that pocket.

Cross-examined. I can swear you are the man whose hand was in my pocket—I held you till we got to the police-station.

BENJAMIN PRY (Policeman Y 76). In the early morning of 30th July I was in Ferdinand Street, and saw Kippin alone first of all—I turned the corner and saw him take hold of the prisoner by the collar, and he called me, and said "I shall give this man into custody for assault and attempting to steal my purse"—the prisoner said he did not do it—I did not see the purse.

The Prisoner's Statement before the Magistrate. "I am not guilty."

NOT GUILTY .

NEW COURT.—Tuesday, September 11th 1883.

Before Mr. Common Serjeant.

Reference Number: t18830910-794

794. WILLIAM HARVEY (21) , Unlawfully uttering counterfeit coin.

MESSRS. LLOYD and HICKS Prosecuted.

HERBERT BIRD . My father is a tobacconist, of 3, Brunswick Place, Lower Tottenham—on 24th July I served the prisoner with a bottle of lemonade, price 2d.; he gave me a half-crown—I did not like the look of it, and took it to my father, who gave it back to the prisoner and said "Do you know this is bad?"—he said "I cannot account for it," and put it in his pocket and gave me a florin—my father gave him the change—he left, and my father went after him.

WILLIAM BIRD . My son brought me a half-crown between 8 and 9 p.m. on 24th July—I rang it on the table and knew it was bad by the feel of it—I said "This is a bad one"—the prisoner said "Is it? I can't account for it"—he took it back and gave me a good florin—I gave him the change—he left part of the lemonade, and seemed in a hurry to get away—I followed him; he joined two young men 200 yards from my shop, and was with them five or six minutes; he then left them and went to Fuller's, a confectioner's—he came out in a minute or two, and I caught hold of his cellar and said "Young man, I want you"—he

said "Get out of the way," and nearly knocked me down—I ran after him—Curtis caught him, and I gave him in charge.

EDITH FULLER . I keep a tobacconist's shop at Tottenham, with my sister—on 24th July I served the prisoner with half an ounce of tobacco; he gave me a half-crown; it sounded well, and I gave him the change—I put it in the till, where there was only small silver—as he turned out of the shop, Mr. Bird came up, said that he wanted him, and asked me what I had taken—he pushed Mr. Bird and ran away—I gave the half-crown to my sister.

ROSETTA FULIER . I am a tobacconist—on 24th July after 9 o'clock I heard the prisoner ask for half an ounce of tobacco—my sister served him, and just as he left, Mr. Bird came and paid "Hallo, young man, I want you"—my sister gave me the half-crown—I marked it with my thimble and took it to the station—this is it.

EDWARD TAPLIN (Policeman 448). On 24th July I was behind Mr. Bird, and saw the prisoner enter Miss Fuller's shop—when he came out Mr. Bird tried to catch him, but the prisoner pushed him on one side and ran away—Mr. Bird followed him—he ran about 100 yards and was stopped—I took him in custody—I searched him at the station and found a half-sovereign, a florin, a shilling, five pence, and two old coins—Rosetta Fuller gave me this half-crown at the station.

WILLIAM WEBSTER . This is a bad half-crown.

GUILTY of the single uttering. Six Months' Hard Labour.

Reference Number: t18830910-795

795. GEORGE SAUNDERS (17) , Unlawfully uttering counterfeit coin.

MESSRS. LLOYD and HICKS Prosecuted.

ALFRED CHILCOTT . I am a barman at the Nag's Head, Hart Street, Covent Garden—on 23rd August about 9.30 p.m. I served the prisoner with a glass of beer—he tendered a shilling—I gave him the change and placed it where the silver is kept, but not with other shillings—he went out and returned about 9.45, called for some beer, and gave me another shilling—I gave him the change and placed it with the other silver, not in a pile and not next to the other shilling—as one shilling is taken we clear the other away—my manager called my attention to the shillings and inquired who I had taken them from, and I told him—next day, about 3 o'clock, the prisoner came again for some beer and gave me a shilling—I saw it was bad, detained him and sent for the manager, who gave him in custody—I said "This is the same chap"—he said "I was not in the house last night and I did not know it was a bad shilling"—the three coins were marked in his presence.

WILLIAM WALKER . I manage the Nag's Head public-house—on 22nd of August about 9.30 I saw Chilcott serve the prisoner with half-a-pint of stout—soon afterwards I detected a bad shilling on the shelf—Chilcott had put it in the place of two sixpences—the prisoner was then going out—he came again about 3 p.m. the next day, and Chilcott showed me another shilling and stopped the prisoner, and said "you were here last night and passed two bad shillings"—he said "I was not in the house last night"—I have no doubt of him—I marked the coins and gave them to the constable.

ROBERT MELLISH (Policeman E 177). I was called to the Nag's Head, took the prisoner, and told him the charge—he said "I did not

Know the shilling was bad or I should not have attempted to pass it"—Chilcott said "You were here last night and passed two counterfeit shillings"—he said "I was not in the house last evening"—only a newspaper was found on him.

Prisoner's Defence. I am quite innocent of being in the house on 22nd of August. I gave a shilling for some stout on the 23rd, and the barman charged me with uttering three bad shillings. I know nothing of the other two.

GUILTY .— Nine Month's Hard Labour.

Reference Number: t18830910-796

796. ARTHUR COTTON (17) , Unlawfully uttering counterfeit coin.

MESSRS. LLOYD and HICKS Prosecuted.

ALFRED HENRY BROAD . I am booking clerk at the steamboat pier, Blackfriars—on Monday, August 13th, between 3.30 and 4.30, the Prisoner and another came for two tickets for the west India Docks—one of them paid for both, and tendered a shilling, which, about three minutes afterwards I found was bad—knowing that the boat had not come up, I went out and saw them in conversation, but could not say which had tendered the shilling—I said nothing, but I had a good look at them—I broke the shilling and put the pieces on a shelf—somebody afterwards marked them—these are they (produced)on 15th August the prisoner came by himself, asked for a ticket for the West India Docks, and tendered this bad shilling (produced)—I recognised him caught hold of him, and gave him in custody—he said nothing; but afterwards he said to the pier-master "I did not know it was bad"—I have not the slightest doubt he is the person who came-with the other on the Monday before; he has the same necktie but it is tied differently—I took fair stock of him on the Monday.

Cross-examined by the Prisoner. I recognize you by your features, and by the strange manner in which your handkerchief was tied at the back and the ends tucked underneath, and at the police-court it was tied in that manner.

By the COURT. I sit in a box with a window which shuts up and down—I was sitting down on the second occasion—I saw their faces distinctly on the first occasion—the fare to the West India Docks is threepence.

SAMUEL STIMPSON (City policeman 471). On 15th August, about 2.30 p.m., Broad gave the prisoner into my custody—I took him to the station and found a good shilling on him—he gave his address and I went there—I produce the shillings—when the charge was read over to him he Said that he could prove where he was on the Monday previous if I would go to a certain place, and gave me the name of Mr. Brown I think.

The prisoner's Statement before the Magistrate. "I did not know it was bad. I call no witnesses."

Prisoner's Defence. I said I was very sorry. I was willing to pay if he disbelieved me. I only had another shilling on me. I had no idea it was bad. There are many hundred handkerchiefs like mine and they tie them in a similar way.

NOT GUILTY

Reference Number: t18830910-797

797. EDWARD FLYNN (19) and GEORGE DAVIS (19) , Unlawfully having counterfeit coin in their possession, with intent to utter it.

MESSRS. LLOYD and HICKS Prosecuted.

CHARLES BRYAN (City Policeman). On 29th July I was by the Mansion House Station about 2 p.m., and saw the prisoners together—I watched them—they looked in at the station, and then crossed the road towards Ludgate Hill, and turned into Red Lion Court, Cannon Street, then back into Cannon Street, and Flynn crossed the road and went in the direction of the same station—Davis waited; Flynn went into the station, and I watched Davis, who waited outside a public-house—I saw Flynn come out of the station and cross to where Davis was standing, and Davis crossed over to the station, and when he left they both went into Bread Street, Cheapside, and then to Gresham Street—as they passed the detective office I went in for assistance, and Costin came out in plain clothes—we followed them to Fish Street Hill and Upper Thames Street—that took an hour and a half—they met a lad opposite the Custom House, conversed with him some time, and all went to a public-house together—they came out in half an hour; the lad shook hands with them and walked away, and they went towards London Bridge, but as they saw that I was watching the lad they followed him towards the Tower—we were on the other side of the road—they saw us watching them, and turned back a second time—I crossed the road and caught hold of Flynn behind some vans, and Davis ran away and threw something into the road—Costin stopped him three or four yards off, and I picked it up, having Flynn in custody at the same time—we took the prisoners to the station, where I opened what I had picked up—it contained six counter-feit half-crowns, with tissue paper between each to keep them bright, and newspaper over—Davis said, "I don't know what you mean by counterfeit half-crowns, I don't know anything about them"—Flynn made no reply—I found 2d. on him—I said to the inspector, "I picked that packet up under a van, and Davis threw it"—they said nothing to that.

Cross-examined by Flynn. I saw you come from the booking-office at the railway-station—you looked into several shop windows.

HENDRY COSTIN (City Policeman 719). I was with Bryan, and watched the prisoners from Princes Street to Tower Street, where they spoke to a lad, and all three went to the King's Arms at the corner of Water Lane—they remained half an hour, came out, shook hands with the lad, and he went 10 or 15 yards towards London Bridge—the prisoners started in the same direction—they saw us watching them, and turned back towards the Tower—we still followed, and crossed to the same side—Bryan ran round the tail of a van and took Flynn—when Davis saw that he threw something from his right hand and started running—I caught him, and Bryan said, "He has throwed it"—I said, "What is that you have thrown away?"—he said, "I have thrown nothing away"—I saw Bryan pick up a paper from under the van—we then took them to the station—they both refused their addresses.

WILLIAM WEBSTER . These six half-crowns are bad—two are from one mould, and four from another.

The Prisoners' Statements before the Magistrate. Flynn says: "What I have to say I will say at the Old Bailey. I call no witnesses." Davis says: "All I have to say is, I met him, and he asked me where I was going; I said, to look for some work."

Flynn in his defence stated that he met Davis and went with him, but knew

nothing about the coins. Davis stated that he met Flynn and a friend, who asked him to have something to drink, and when they came out they were taken in custody; he knew nothing of the coins.

GUILTY . FLYNN— Nine Months' Hard Labour. DAVIS— Twelve Month's Hard Labour.

Reference Number: t18830910-798

798. ALICE GREEN (69) , Unlawfully uttering counterfeit coin.

MESSRS. LLOYD and B. HICKS Prosecuted.

JOHN MARTIN (Policeman X 321). On 6th August, between 10 and 11 a.m., I was on duty with Inspector Morgan in Upper Dorset Street—I saw the prisoner come from No. 13, where she lives—she went to Mr. Stevens, a butcher, in North Audley Street—when she left I went in and spoke to Miss Stevens, and saw this coin lying before her—I then followed the prisoner to the Red lion in Duke Street—I was in plain clothes—I entered another compartment and saw her give 12 pence and receive a shilling for them—I then followed her to the Bedford Arms, Marylebone, which is a mile and a half, and occupied about an hour—she there called for some whisky, and gave this florin to the barmaid, who detected it and gave it back to her, and she paid with a half-crown and went out—I went out and Morgan stopped her and said "Where is that two-shilling piece?"—site had this purse in her hand—he opened it and found this florin—she dropped this shilling wrapped up in newspaper; I picked it up, showed it to her, and marked it in her presence "J. M." and "D. M.," and the florin the same—I told her she would be charged with uttering a bad florin in a butcher's shop in North Audley Street—she said "I have not been in a butcher's shop to-day; I only came from Scotland yesterday"—we took her to the station—she had a bag which contained a piece of steak—her purse also contained 2s. 6d. in silver and 6d. in bronze, and a latch key—the inspector said "What is your name?"—she said "My name is Alice Green, I refuse my address"—I took the latch key to 13, Upper Dorset Street, and found it fitted the front door—we knocked at the door—Elizabeth Nicholls opened it and showed us into the front kitchen, which we searched, and behind the door, close to a bedstead, I found seven bad florins; under a board under the window seven bad shillings wrapped in tissue paper; and under a board three other shillings, all of which I marked "J. M."—I kept them separate; there are 20 in all—I showed the prisoner what I had found; she made no remark.

DANIEL MORGAN (Police Inspector X). I accompanied Martin—I saw the prisoner come out of 13, Upper Dorset Street—we followed her to the butcher's shop, and from there to the Bedford Arms—I was present with Martin when these coins were found.

KATE STEVENS . I am bookkeeper to Mr. Stevens, of North Audley Street—on 6th August, about 11 o'clock, the prisoner came in for half a. pound of rump steak, which came to 7d.—she tendered a florin and a penny and received the change—when she left the detective came in, and in consequence of what he said I showed him the florin; he marked it and left it—this is it—I afterwards gave it to him—I went to the police-station the same day and saw the prisoner there and charged her.

Prisoner. I did not pay you.

Witness. No, you paid my cousin.

ELIZABETH STEVENS . I am cousin of the last witness—I remember

the prisoner coming—she tendered the florin and a penny for some steak—I examined the florin and showed it to the last witness—the detective came in soon afterwards.

EMMA JACKSON .—I am barmaid at the Bedford Arms, Montague Street—on 6th August I served the prisoner with twopennyworth of whisky; she gave me a florin—I said" This is not good"—she took it up, put it in her purse, and gave me a half-crown, and I gave her 2s. 4d.—she went out—Martin was in the bar—I spoke to him and he went after her and brought her back and I identified her.

ELIZABETH NICHOLLS . I am the wife of Albert Nicholls, of Upper Dorset Street—the prisoner and a man occupied the front kitchen as man and wife, in the name of Chubb—on 6th August I showed the police-officers the kitchen they occupied, and saw them find these coins under the floor boards, which were rather loose and very old—you can lift the boards up with your hand without any effort.

WILLIAM WEBSTER . This florin passed at the butcher's is bad, and of the date of 1879—the one passed at the Bedford Arms is bad, and from the fame mould—the shilling dropped on the ground outside the Bedford Arms is bad, and of 1875—of the seven florins found in the prisoner's room four are of 1873 and three of 1879, and those three are from the same mould as the two I have spoken of—those seven shillings are all bad; one of them is of 1875, and from the same mould as the one dropped—the others found on the further search are of 1875, and from the same mould—all the 1875 shillings are from one mould.

Prisoner's Defence. I am 69 years of age and never had a key turned upon me but once, and that was three years ago.

GUILTY . She then PLEADED GUILTY to a conviction at Maidstone of a like offence in October, 1880, when she was sentenced to Twelve Months' Hard Labour— Eighteen Months' Hard Labour.

OLD COURT.—Wednesday, September 12th, 1883.

Before Mr. Justice Williams.

Reference Number: t18830910-799

799. CHARLES HENRY KENT (14) was charged on the Coroner's Inquisition only with the manslaughter of Frederick Bunday.

MR. POLAND, for the prosecution, offered no evidence on the Inquisition, the Grand Jury having ignored the bill.

NOT GUILTY .

Reference Number: t18830910-800

800. JOHANNA CULVERWELL (27) was indicted for and charged on the Coroner's Inquisition with the wilful murder of James Charles Culverwell.

MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. RIBTON

Defended, at the request of the COURT.

Eliza Willoughby. I am the wife of Philip Willoughby, a watch-maker, of 9, Mason's Place, St. Luke's—the prisoner and her husband and two children occupied the front parlour in our house—on August 28, about 1 in the day, Mr. Culverwell came to my door, and from what he said I went into their room; I there found one of the children about 6 weeks old lying on the side of its face in a pan half filled with clean water; I took it out; it was dead—I saw it alive on the previous day in its usual state of health—when I took it out of the pan it had its little shirt, roller, and napkin on, but was not dressed—the other child was

sitting on the bed when the father called me in; that child was about 3 years old—I had not seen the prisoner that day; I saw her in the evening when she was brought in to me about half-past 7; she was under the influence of drink—I heard Dr. Yarrow ask her where she had been—she said "Wandering about the streets"—he said "You have been in the public-house"—she said she had had nothing to drink—Dr. Yarrow asked her "Where did you leave the baby?"—she said "I put it in the pan and left it there"—this is the pan (produced)—there was a hand-basin in the room.

Cross-examined. I had often seen her nursing the baby, almost every day—she seemed very fond of it—she always treated it kindly.

GEORGE EUGENE YARROW . I am a surgeon, of 87, Old Street, St. Luke's—on the night of 28th August, a little before 7, I was called to 9, Mason's Place, St. Luke's—I there saw the dead body of an infant child about 6 weeks old—it had been dead several hours and was quite stiff—I saw the prisoner in the back room; she was crying—I asked her what was the matter—she said she did not know—I asked her where her baby was—she said "I put it in the pan of water and went out and left it"—I asked where she had been; she said she had been walking about the streets—the child died from suffocation from immersion in the water—there were no outward signs of violence.

Cross-examined. I had never seen her before.

EDWARD NEAVE SISON . I am a M.R.C.S., of 303, City Road—on 28th August, about half-past 1, I was called to 9, Mason's Place, where I saw Mrs. Willoughby with a child in her arms; it was quite dead, and had been dead for some hours—the pan was pointed out to me at the foot of the bed; it contained perfectly clean water—I was present at the post-mortem examination—the death was caused by suffocation in consequence of the immersion in the water.

Cross-examined. It was a well-nourished child—it appeared to have been taken very good care of.

STEPHEN MARONEY (Detective Sergeant). On 28th August, about half-past 6, I went to 9, Mason's Place—after what I heard there I said to the prisoner "I am a police officer, and shall take you into custody for causing the death of your child by drowning it"—she said "Yes, I did put it in the water"—I saw the pan of water in the room—I took her to the station; the charge was read over to her, and the officer in charge asked her if she understood what he said—she said "Yes"—on the 29th, on the way to the police-court, she said "Is my baby dead?"—I said "Yes"—she said "What do you think they will do with me?"—I said "I can't say."

Cross-examined. She appeared to have been drinking when I saw her first—I should say she was drunk—she continued to show signs of intoxication at the time she made the statement at the police-court.

OLIVER TREADWELL . I am assistant medical officer of Her Majesty's' Gaol at Clerkenwell—I saw the prisoner the morning after her admission, the 30th August—I have seen her since from time to time, and spoken to her with a view to ascertain the present state of her mind—I spoke to her on the subject of the charge—she told me that she had put the child in this pail of water, and that she believed it was dead—I asked her why she had put it there, but she could not give me any reason—she said she loved the baby very much—I may add that she attempted suicide in the prison

on the evening of the 29th—in my opinion at the time she did this act she was suffering from melancholia—I do not think she knew that she was committing the crime of murder—she appeared to remember that she did the particular act, but was not conscious of the nature and quality of it—she has since told me that she had been in a lunatic asylum before—that fact would confirm my opinion.

Cross-examined. My opinion is that at the time she put the child in the pan she did not, from the state of her mind, know the nature and quality of the act that she was doing—it is not only from her own statement that I learnt she had been in a lunatic asylum, I have had corroborative evidence of her being there.

JOHN CRENONINI . I am physician of Hoxton House, Hoxton, which is licensed for the reception of lunatics—the prisoner was there as a patient under my care from 6th September, 1878, till 1st January, 1879, when she was discharged cured—while there she was a person of unsound mind and a proper person to be confined as a lunatic—I have all the particulars in this book (produced)—the supposed cause was intemperance—if she became intemperate afterwards the malady might most likely recur.

Cross-examined. I could not of course say with certainty that intemperance was the cause of her insanity; that was simply the history that was given to me—I can't say that was the sole cause—mental weakness would be aggravated by intemperance—I have heard to-day that her mother committed suicide—I know nothing more than that she would only get very mild stimulant while with us unless she required it medically, and she did not require it during the whole time she was with us—she was discharged at the end of four months apparently well—a fit of intemperance would tend to bring about a similar attack, more especially coupled with the fact that she had been recently confined—I should say that at the time she committed this act she was hardly aware of the nature and quality of it; I say that from what I know of her and from what I have heard of this case in Court, and from her demeanour at the bar.

At the close of the case MR. RIBTON, in urging that the act was one showing that the prisoner was insane at the time of its commission, called attention to a recent Act of Parliament, 46 and 47 Vic., c. 38, entitled "The Trial of Lunatics Act," which provided that in the event of the Jury being satisfied of the insanity of the prisoner, instead of finding a verdict of Not Guilty on the ground of insanity, as had heretofore been the practice, they should return a special verdict of Guilty of the act charged, but that at the time she was insane and not responsible for her actions.

The JURY in the first instance returned a verdict of GUILTY of the act of murder, but that she was insane at the time. MR. JUSTICE WILLIAMS could not receive the verdict in those terms, as the Act referred not to the offence, but to the act which constituted the offence. After some discussion as to the exact form in which the verdict should be recorded, the JURY ultimately found this special verdict; " GUILTY of the act of causing the death of the child by immersing it in a pan of water, but that she was insane and not responsible for her act at the time she committed it. "— Ordered to be detained during Her Majesty's pleasure.

Reference Number: t18830910-801

801. JAMES REEVES (35) was indicted for the manslaughter of William Green.

MR. DOUGLAS Prosecuted.

GEORGE STEER . I live at No. 63, Euston Road—on Saturday night, 21st July, just before 11 o'clock, I was in a public-house, and saw the prisoner and deceased there quarrelling—I went out, and on returning a little after 11 o'clock I saw the deceased lying on the ground—I went and picked him up—blood was coming from, his mouth—I took him into his own house, which was close by.

ROBERT GRAY . I was potman at the White Hart, where this occurred—on Saturday night, about 11 o'clock, the prisoner and deceased were there jangling together—the prisoner threatened to smack him in the face—they had some more words, and they went out together to fight—I looked through the door and saw the deceased fall or falling on the pavement—I went out and assisted him inside—I told the prisoner he ought to be ashamed of himself—he walked away—Green was taken into his house, and next day I took him to the workhouse.

WILLIAM HENRY GEORGE . I keep the White Hart—Green was in my employ as waterman for some time—the prisoner had no right to interfere with him in attending to the cabs—on this Saturday night, on something being said to me by the potman, I went outside and saw the deceased on the ground senseless—the men were picking him up—he came next day, Sunday, at 1 o'clock, when we opened—he looked very strange, and I sent for a doctor, who sent him to the workhouse—I saw the prisoner when I went outside—I asked what he had done to him; he said he had struck him—they had always been good friends—they appeared to be perfectly sober—Green was very much given to drinking.

HENRY BARTLETT . I live at 41, Upper Rathbone Place—on Saturday, 21st July, on coming past the White Hart, I saw the prisoner and deceased outside having a jangling about a cab—the deceased said to the prisoner "You are always doing me out of my jobs"—the prisoner said "I was asked to mind the cab"—the deceased pushed him in the chest, saying the same words, and said "You are always messing about here; get away"—the prisoner then struck him a blow on the side of the head with his fist—he reeled and fell on the kerb—there was a large disorderly mob there—I went to help him, with the aid of two or three more—I raised him on my knee—he said "I am hurt very much"—they both appeared to have been drinking—I saw two blows struck by the prisoner—the deceased was trying to get out of his way—he was a very big man, taller than the prisoner, and he advanced two or three feet towards the prisoner, as if to strike.

WALTER DUNLOP . I am medical officer of St. Pancras Workhouse—the deceased was admitted there on the afternoon of 22nd July—he was partially insensible and could not give any account of himself—there was a severe bruise on the left side of his chin and a cut on the under lip, and a bruise under and behind the left ear, a bruise on the left shoulder-blade, and an extensive bruise inside the right thigh, close to the groin—he became unconscious and died on the following afternoon—I made a postmortem examination—the cause of death was fracture at the base of the skull on the right side, which caused extravasation of blood on the surface of the brain—that injury might have been caused by a blow or a fall.

NOT GUILTY .

Reference Number: t18830910-802

802. SARAH ANN BEVAN was charged on the Coroner's Inquisition with the manslaughter of William Bevan.

The GRAND JURY hating ignored the bill, MR. RIBTON, for the prosecution, offered no evidence on the Inquisition.

NOT GUILTY .

Reference Number: t18830910-803

803. THOMAS CROUCH (31) , Burglary in the dwelling-house of Henry Trotter, and stealing a watch and other articles.

MR. PITT LEWIS Prosecuted.

AMY TROTTER . I am single, and live with my father at 184, The Grove, Hammersmith—on 30th July I went to bed about 10 o'clock, leaving others downstairs—I awoke about 4 o'clock, and turning towards my bedroom door I saw a head put in, looking round the room—I called out "Papa!" who was in the next room, and the man shut the door and rushed out—I jumped out of bed and went on to the landing—I heard a great scuffle—some one said "Off," and by that time my father had come out; and we went downstairs and saw that some one had got in at the kitchen window—it was open and the blind was down—the kitchen was all in disorder—the drawer was open, there was a decanter-of sherry on the table, half empty, and a tumbler full—in the breakfast room several small boxes were emptied, and the articles were on the floor in the drawing-room, the albums were all open, the sideboard and everything in disorder, and there were marks of candle grease all over the place, and a watch belonging to my sister was gone from a vase on the mantelpiece—I also missed a silver brooch, a pair of sugar tongs, and three odd shoes.

HENRY TROTTER . I am Auditor-General of the Straits Settlements, and live at 184, The Grove, Hammersmith—on the night of 30th July I went to bed a little before 12 o'clock—about 4 o'clock my daughter called me—I jumped out of bed and went to the landing; she said he had run down the stairs—I partially dressed and went down—in the passage leading to the area I found a bundle of clothes which had been taken down from the pegs—the area door was wide open; it was broad day-light—I went to the front gate and saw two men running about 100 yards off; one of them had something in his hand—they were short men—I then returned to my daughter, and we went into the rooms and found everything in disorder—in the breakfast room the cupboard had been opened,. and my son's writing desk forced open, and my daughter's watch was gone from the drawing-room, where I had seen it two days before—this is it (produced)—I know it well; I made a present of it to her—the detectives showed it to mo the next day.

JULIA SIMPSON . I am servant to Mr. Trotter—I went to bed about half-past 12 o'clock on 30th July—I saw that all the windows and doors were properly fastened—the kitchen window was fastened, and the area door bolted and lucked—I had a purse containing 6s. in the kitchen drawer—everything was safe and in proper order.

CHARLES COLLINS . I am assistant to Mr. Thompson, pawnbroker, 48, St. Ann's Road, Notting Hill, about a quarter of an hour's walk from the prosecutor's—about 7 o'clock in the evening of 31st July the prisoner came to our shop and offered this watch in pledge for 2l—I asked him who it belonged to—he said his wife; that he bought it some years ago, and gave 10l. for it—I looked to see whether it was among the list of property lost and stolen; it was not there—I asked his name and address; he said "John William, 8, Parkland Road, Notting Hill"—I looked in

the Directory, and ascertained that the address was false—I told him I did not believe his statement, and I should detain the watch until his wife arrived—he demanded it back again, but finding I would not give it him, he left, stating that he would fetch a constable—finding he did not return, I communicated with the police, and he was taken into custody, and I identified him from among eight or nine others.

ROBERT MARKHAM (Police Sergeant X). I was called to Mr. Thompson's, and Collins gave me a description of the man who had offered the watch—I searched the neighbourhood, and saw the prisoner in St. Clement's Road, standing with two or three other men—I told him I should take him into custody for offering a gold watch in pledge at Mr. Thompson's, a pawnbroker's in St. Ann's Road—he said "Who are you getting at? Me offer a watch in pledge?"—I said "Yes"—I took him to Notting Dale Station, and placed him among a number of other men who I got from the street, and Collins at once identified him—I received the watch from Collins.

GEORGE SHADDOCH (Police Sergeant T). On 31st July, about 11 a.m., I went to 184, The Grove—I found an entry had been effected by forcing the catch of the kitchen window.

The prisoner in his defence stated that he found the watch in Grove Road, and thinking he might get something on it he took it to the pawnbroker's, but that he had nothing to do with the robbery.

GUILTY of receiving . He then PLEADED GUILTY to a previous conviction in November, 1874, when he was sentenced to Seven Years' Penal Servitude.— Five Years' Penal Servitude ,

NEW COURT.—Wednesday, September 12th, 1883.

Before Mr. Justice Day.

Reference Number: t18830910-804

804. RICHARD WARD (31) , Feloniously cutting and wounding Alfred Wilson, with intent to murder him. Second Count, with intent to do grievous bodily harm.

MR. GRIFFITHS Prosecuted.

ALFRED WILSON . I was acting as labour-master at St. Giles's Work-house—the prisoner has been an inmate there three years—on 1st August, between 4 and 5 p.m., he was in a shed, chopping wood—from circumstances which came to my knowledge, I went to him and said "What do you mean, Ward, by threatening my life?"—he said "You b—, I will knock your brains out"—I closed with him, knowing him to be a dangerous man, and threw him down—I held him there a little while—he said "If you will let me get up I will behave myself"—I let him get up, and as I was walking out he said "Now, you b—, I will have a go at you; I will knock your brains out!" and made a blow at my head with this chopper (produced)—I held my arm up, and the blow fell on it—I closed with him again, threw him down, brought him into the yard, a policeman was sent for, and he was given in custody—the blow just cut the skin of my arm through; it bled a little—I was close enough to him for him to have struck me on the head, and if I had not put out my arm, he would have done so.

JOHN ELLIS . I was an inmate of St. Giles's Workhouse on 1st August, and at about 4.50 that afternoon I went into the wood-shed to speak to the labour-master—the prisoner was there—Wilson was on the ground

and the prisoner uppermost—he said "Let me get up, I will be quiet"—he did so—I asked Wilson to come into the office on business, and we were about to leave the wood-shed, when a cry was raised, and the prisoner had seized the chopper—he said "Come on, you b—, let me have a go at you; I will dash your brains out"—one or two men surrounded him—I saw him strike at Wilson's head, but he put his left arm up, and the blow fell on his arm.

THOMAS PELLATT (Policeman E 385). I was sent for and took the prisoner—he used bad language—he was charged at the station, but said nothing.

ALFRED WILSON (Re-examined). I am superintendent of the Insane Ward at St. Giles's—the prisoner has been in that ward—there was no ground for supposing that he is now, or was, insane; but he was sent there because he was acting very strange at one time—he was put under observation, but the doctor said there was nothing the matter with him—he has been in the workhouse ever since he was a boy—I have known him there six years—he was in the insane ward seven days, but only under observation—he threatened me three years ago, but not recently—I had a cloth cap on my head.

GUILTY on the second count. There were twelve previous convictions against him.— Twenty-one Months' Hard Labour.

Reference Number: t18830910-805

805. RICHARD PEARCE (23) , Feloniously throwing Kate Pearce into a canal, with intent to murder her.

MR. J. P. GRAIN Prosecuted; MR. PURCELL Defended.

KATE PEARCE . I am the prisoner's wife, and live at Catherine Wheel Yard, Brentford—he is captain of the tug Eleanor—on 27th August, about 10.10 p.m., I went on board to see him—I found him in the cabin, and asked him to give me some more money, as a shilling was not sufficient to Keep me and the children—he said "You can come up top and I will give you money"—he went up first and I followed—he sat down and I asked him again for some money—he got up and put his foot round my legs and pushed me into the water by my left shoulder—Barton, who was on board, got a hitcher and caught me by my jacket sleeve, and said to my husband "Dick, come and lend us a hand"—my husband said "No, let the b—drown"—I went under water, and was going' under a second time, but they pulled me up by my sleeve, and Barton pulled me on to the tug—my husband went away, and we could not find him—I informed Fitzgerald, the policeman—I had thumped the prisoner, but he put himself in a fighting attitude first to strike me, and I struck him in self-defence—that was after I had asked him for money—the only scuffle was when he got up—he sat down on the steam chest, and when he got up and pushed me over was the only scuffle—I was sober—I had been with my parents from the first thing in the morning till 10 o'clock at night—I am the adopted child of Mr. Robert Bee—after I left them I went home to put my baby to bed—I had not been into any public-house.

Cross-examined. This was after 11 o'clock at night—the gangway by the side of the tug is very narrow, and there are stanchions from the bulwarks to the floor—he walked on to the deck first, and I followed him—we both went into the cabin, and I thumped him in the cabin, and he went out of the cabin to avoid me when I was thumping him—I

followed him up the companion; I was not thumping him when he went up, but I had been a minute before—the gangway is about a foot wide—I went about a yard and a quarter along it—Barton was in the cabin, but I did not notice him follow me up the companion—there may be three or four stanchions between the companion and the steam chest where my husband sat—I went over backward—Barton had got me by the sleeve when my husband said, "Let the b—drown"—Mr. Bee is a publican—he gave me a pint of beer to bring home for my supper—I know the Black Boy public-house; I was not there that afternoon—I know Emma Bowles; I was not in her house drinking; I have seen her here—I know Mrs. Brown; I was not in her company—I know a man named Grigg; I was not in his company that afternoon or evening—I was not at the Feathers between 10 and 10.30, but I stayed outside and spoke to a young woman there; I had to pass it going home—the tug did not lie close to the lock, there is a yard and a half space between—it is not very dangerous to walk along the tug—I know a man named Stokes; I do not know that he has fallen off three or four times in the course of his work—Barton was awake in the cabin; he struck a light.

By the JURY. My husband and I were in the habit of quarrelling—he has threatened my life once before.

HENRY ALLEN . I am lock-keeper at Thames Lock—on the night of 27th August I heard a row proceeding from the tug Eleanor, and shortly afterwards saw a man coming on deck and a woman following—I then heard a splash, and saw the woman in the water—I went to the tug, which took me three or four minutes, and when I got on to it the prisoner was standing at the far end, and the woman was still in the water—a man had got hold of her—he was 2 or 2 yards from the prisoner, who was in an upright position, standing perfectly still and doing nothing—I called out, "Have you got her?"—Barton said, "Yes, I want some one to assist me to pull her on board"—I said to the prisoner, "Go and help your wife on board"—he said, "I never pushed her overboard"—I had not suggested that he did—I said, "Never mind, go and help pull your wife on board," and he went up to Barton, caught hold of her, and helped to pull her on board—when the police came to me I said, "I don't know anything about it."

Cross-examined. When I heard the altercation in the cabin I was 12 or 14 yards off—it was very dark, but I could see two figures come from the cabin—I had to go 50 yards before I could get on to the tug—I did not hear the prisoner say, "Let the b—drown"—I left him on the tug.

Re-examined. I am sure the prisoner did not help to pull her out—Mrs. Durgan screamed out "Murder," but I did not hear the prosecutrix cry out—I did not hear her cry when I heard the splash—I heard a cry of "Murder" and "Help" when I was 4 yards from the boat.

By the COURT. I had to walk about 50 yards after I heard the splash—the woman was in the water all that time—it took me two or three minutes because I was in the dark; I went as quick as I could.

WILLIAM BARTON . I am a waterman—I have nothing to do with the Helena, but I was on board that night at 11.30, and was going to sleep on board—I saw the prisoner come on board—he came down and asked me if I had a light—I struck a light, and his wife came to him—she began thumping him immediately in silence—she afterwards said that 6s. was not enough to keep her children—he put up his legs and arms to

defend himself, and as soon as he got a chance he left the cabin without saying anything—I made a statement to the police, which was true—nothing was said about a cow, if it was said I must have heard it—the prisoner did not open his mouth, he was thumped in silence, I swear he did not say a word—she did not thump him all up the companion, but she caught hold of his legs as he went up, and then he said nothing—he went to the after part of the steam-chest; she followed him and fell overboard—the cabin door is about 3 yards from where he sat—there was no scuffle on deck—while she was going by the steam-chest she fell overboard—she was in a hurry—that is what I told the police—I swear she never touched him on deck, and he never touched her—she was 2 yards from him, and he was sitting on the steam-chest—when she fell overboard she was about 2 yards from him—she fell sideways—I ran up on deck because I saw her overboard.

By the COURT. I was in the cabin when she fell overboard.

Cross-examined. I gave my evidence before the Magistrate at Brentford—there was no jangling in the cabin—I followed her up the companion and stood on the steps, and when she fell overboard I ran on deck—there are stanchions from the bulwarks, and it is a dangerous passage—I did not hear the prisoner say "No! let the b—drown," when pulling her out—she smelt of drink.

Re-examined. I swear he said nothing when she was in the water—he never opened his mouth—I know Allen—the prisoner did not attempt to assist me till Allen spoke to him because she was not alongside the boat—I went and asked the prisoner for a hitcher, he pointed to one, and I took it—he did not then say "Let the b—drown"—he did not help me before Allen came—she went under once, before Allen came, and when she came up I caught her with the hook—the prisoner was then alongside of me; he was not two yards away—he did not take hold of the hook—she was a little way from the tug—a person who had not got a hitcher could not reach where she was.

By the COURT. There is only a bulwark a foot and a half high, and stanchions into the deck which hold the bulwarks up—the whole fence is only 18 inches high—a person walking along the narrow gangway might trip against the stanchions.

EMMA DURGAN . I live two doors from Mr. Pearce—on 27th August I saw her go out between 11 and 11.30—one of her children fell out of bed, and I went to look for her—I went to the tug Eleanor and stood on the shore and saw the prisoner and his wife on the tug—I heard her ask for more money—she said 6s. a week was not enough to keep her and her children—after that I heard a man's voice say "Keep up top and I will give you some"—I saw them come on deck, but cannot say which came up first—they went towards the funnel and got behind it; I could not see them then, but I heard a tussle and a splash—I cried out "Help!"—my husband came up to see where I was—he went on board—they pulled the boat in for him to get on board, and he assisted her—I did not see how she was assisted out of the water; it was too dark—I had seen her between 8 and 9 o'clock, when she came home and put her children to bed—she was perfectly sober then—she spoke to me.

Cross-examined. The tug was a yard and a half from the edge of the lock, and I was right on the edge—I am certain it was between 8 and 9 o'clock when I saw her—I did not see in which direction she went when

she left me—I saw her between 8 and 9 o'clock in the morning, and between 8 and 9 o'clock in the evening—I think I said to the Magistrate that I saw her between 8 and 9 o'clock in the evening, and not between 9 and 10 o'clock—I did not see her all day; she was up at Mr. Bee's.

---- FITZGERALD (Policeman 112). On 27th August, about 12.30, I was called by Mrs. Pearce, in High Street, New Brentford—her clothes were very wet and she was in a very exhausted condition—she gave me information, and I went in search of the prisoner, but could not find him—he was not on the tug—Barton had charge of it—I took his statement down in writing in Mrs. Pearce's presence, and I have it here now—the prisoner was not on the barge at that time, but Mrs. Pearce was.

MR. PURCELL objected to this evidence, as it would amount to the prosecution cross-examining their own witness.

WILLIAM BARTON (Re-examined). [The witness was cautioned by the Court to be very careful in what he said.] The policeman did not ask me to make a statement, and I did not tell him anything—I believe that is the policeman who came on board the tug with Mrs. Pearce, but I did not make any statement to him—I spoke to him; he took my name and address down—he did not take out that book—he asked me if I saw what occurred, but I did not tell him—I did not say "I did not see what occurred; I was down the hatchway," or anything like it, or "I heard a conversation between Pearce and his wife"—I swear I did not (The witness was again cautioned by the Court)—I did not say "She asked him for some money to support her children on. I paid no further attention to what they were saying; I was very sleepy," nor did I go on to say, "In a few minutes' time I heard a splashing in the water, and Mrs. Pearce screamed"—I did not say that to the policeman, or anything like it, nor did I say "I ran up out of the hatchway, and saw the woman in the water, and said 'For God's sake, Dick, pull her out.' He said 'No, let the b—drown.' With the assistance of the lock-keeper I got her out. Pearce went ashore, and would not help to get her out."

Cross-examined. Mrs. Pearce was with him at the time of the alleged conversation between me and the officer, but she was not speaking—she did not say anything while the officer was putting questions, or complain to him of what had happened—she did not say what had occurred—no one was there but the policeman, Allen, and myself—the policeman did not show me anything which he had written down, or ask me if it was correct, or ask me to sign it—there was no light in the tug but the policeman's lantern—I did not see him take a note at all.

By MR. GRAIN. The prisoner was on board when the policeman came the first time—I mean that the policeman came down, and then he went up with the woman—I said at Brentford "When the policeman arrived the prisoner was there." He was sitting on the skylight—the policeman came twice.

---- FITZGERALD (continued). Yes, I went three times—I went with Mrs. Pearce to the barge—that was the first time I saw Barton—I took down at the time what Barton said to me—the prisoner was not there then—I looked for him—I had instructions to arrest him—this is what I took down (Reading the above statement again)—I swear I took that down at the time; and that is what he said to me—I went away with Mrs. Pearce up to the prisoner's mother's house, but did not find him there—I then went back to the tug, and saw Barton again—he was sleeping

—I asked him if the prisoner had come back since—he said "No"—I looked for the prisoner, and he was not there—I went round my beat, and came again at 5 a.m. to see if he was there, and he was not—he was not on board the tug to my knowledge when I saw Barton—I went off duty at 6 o'clock, and made a report of it—Mrs. Pearce was with me twice, but not the last time.

Cross-examined. We we were on deck when the note was taken—Mrs. Pearce was close by—my lamp was attached to my belt, and I held the book and pencil and wrote down the question, and then the answer—I first wrote "I asked him did he see what occurred, and waited for his answer"—there is not an erasure of any kind—I have written it neatly, and taken down every word just as he told me—he did not toll me whether he saw the woman go overboard—she was quite silent—I only put the question to him—he said "No, I was down in the hatchway, when I heard a conversation between Mrs. Pearce and her husband"—I did not say to her "What have you to say?" nor did she say "My husband said 'Let the b—drown;'" she had told me that before—I was in her company over half an hour—she was not talking about what occurred on the tug, while I was putting down the statement—I did not read it over to Barton.

By MR. GRAIN. When Mrs. Pearce came to me she said "I want to give my husband into custody"—I said "What has he done?"—she said "He threw me off the barge into the water"—I said "What time?"—she said "Directly after 11 o'clock"—I said "Did any person see him do it?"—she said "I don't believe they did"—I said "Where is he?"—she said "On the tug"—I went to the tug, and saw Barton, and he made a statement—Mrs. Pearce was quite sober when she came to me—I did not take the statement from Allen.

By MR. PURCELL. I have told Mr. Grain what she told me—I have not told him that she said her husband said "Let the b—drown"—she did not speak while I was putting the statement down, but when she came to me at first she said that her husband said so—she said it as we were going down to the tug.

---- DUCK. (Detective Officer). I saw the report made by Fitzgerald, and on 28th August went in search of the prisoner on board the tug—I did not see Barton there—the tug was deserted—I then went to High Street, Brentford, and saw the prisoner—I asked him if he was Pearce—he said "Yes"—I said "l am a police officer, and shall charge you with attempting to drown your wife by throwing her off the tug Eleanor into the canal"—he said "She fell, and I did not push her in"—he made no statement when he was charged.

Cross-examined. His actual words were "I never pushed her in, she fell in."

ROBERT BEE . I live at Brentford, and am a newsvendor—I brought up the prisoner's wife from the time she was six years of age—on 27th August she was at my house the whole day, and left at 9.45—she was perfectly sober—she had her child with her—she had three children at my house—I gave her a pint of beer to take home—she is a sober, steady woman.

Cross-examined. If her neighbour swears that she saw her between 8 and 9 o'clock in the evening it is false; she could not—she as in my house and under my eye all day, except for an hour and half—she

was assisting my wife—I am a beerhouse keeper, which I attend to when my newspaper business is over, at 10 o'clock—I have seen her the worse for drink in her husband's company—she does not bear the reputation of a woman who frequents public-houses—her husband has said that she spent money which he gave her to pay rent, but he had not given it to her—she came to my place about 10 o'clock, and left at at a few minutes before 10 o'clock at night—my house closes at 11 o'clock.

KATE PEARCE (Re-examined by MR. PURCELL). I remember going to the tug with Fitzgerald, where we met Barton—I heard him put questions to Barton—I did not say a word—I was cooled down a bit then—I had not been talking to the constable a great deal on the way to the tug, I told him all that occurred—I told him as I was walking down the road, the first time I saw him, that my husband said "Let the b—drown"—I did not mention it again—I may have said to the constable more than once that my husband said "Let the b—drown"—I did not speak a word all the time Barton was making his statement to the constable.

Witnesses for the Defence.

WILLIAM MITCHELL GREGG . I am a lighterman of 3, Enfield Road, Brentford—on Monday, 27th August I was at the Feathers and saw the prosecutrix in the bar at 10.30—I believe she was the worse for drink—I treated her and her friend to a pot of ale, and she drank some more ale which they paid for—I do not know who her friend was—I have not seen her here—I left her there about 10.45.

Cross-examined. I know her uncle—none of her friends are here—I have not seen Mrs. Durgan—the public-house is 250 or 300 yards from the tug—on my oath I believe the woman was the worse for drink—she did not reel about—I did not see her walk—I was surprised at the constable saying she was quite sober—I am a waterman and lighterman—one woman there was named Thomas and one Gray—I did not tell the people who asked me to give evidence that I knew the names of the women drinking with her—I said that other people were drinking with her, but did not say that the women could be found—they live in Brentford.

Re-examined. I was led to think she was worse for drink because she asked me if I had seen anything of him, meaning her husband; and she said "I will let the b—know when I get home to-night."

EMMA BROWN . My husband works at a colliery—I know Mrs. Pearce—on 27th August, about half-past 10, which was the night she was in the canal, I saw her outside Mr. Van's public-house, the Black Boy—she was drunk or the worse for liquor.

Cross-examined. I heard next morning that she had been thrown into the canal—I was spoken to last Saturday about coming as a witness, and told to be here last Monday—I swear most distinctly that I saw her that night.

EMMA BOWLES . My husband works at the gasworks—on 27th August, about 10.15 p.m., I saw Mrs. Pearce drunk outside Mr. Van's, the Black Boy—she was drunk—I was talking to her, and drank with her.

Cross-examined. I drank with her outside the house, out of a quart can, which she had in her hand—it was not full, but they had brandy before—two young women were with her, and I saw them drink out of the can, and then I had my turn at it—Mr. Van is not here—I think his

house is the Black Boy; it is not far from the Feathers—it was 10.15 to the minute by Mr. Pearce, the jeweller's, clock—I drank first and then turned round and looked at the clock—I was asked on Monday to come and give evidence.

MR. GRAIN recalled

KATE PEARCE . I was not at the Feathers public-house on 17th August upon my oath—I did not go to any public-house after I left Mr. Bee's—I stood outside as I walked past the Feathers, but I was not inside, and I was not the worse for drink—I had the can of beer in my hand, which I brought from my uncle's, and I spoke to two young women outside the Feathers—I did not see Grigg.

NOT GUILTY . The Jury stated that they were very much dissatisfied with Barton's evidence, and the COMMON SERJEANT directed the police to have it inquired into in another Court.

Reference Number: t18830910-806

806. WILLIAM SMITH and THOMAS SMITH, Rape on Julia Langley. MR. CARTER Prosecuted; MR. FRITH Defended.

NOT GUILTY .

Reference Number: t18830910-807

807. WALTER VERSCHOYLE BALLARD (20) PLEADED GUILTY to two indictments for forging and uttering orders for the payment of 5l., each with intent to defraud.— Eighteen Months' Hard Labour. And

Reference Number: t18830910-808

808. GEORGE HUNT (20) to breaking and entering the dwelling-house of George William Fox, and stealing 12 oz. of tobacco and 30s. in money, his property, after a conviction of felony at Clerkenwell in July, 1880.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]

THIRD COURT.—Wednesday, September 12th, 1883.

Before Mr. Common Serjeant.

Reference Number: t18830910-809

809. THOMAS LANDER PLEADED GUILTY ** to feloniously forging and uttering an order for 1l.; also unlawfully obtaining 1l. by false pretences, having been convicted of felony in May, 1882 (He had been nine times convicted).— Five Years' Penal Servitude. And

Reference Number: t18830910-810

810. WILLIAM THORMAN to stealing 540l. of John Biggerstaff and others, his masters, [Pleaded guilty: See original trial image.] who recommended him to mercy.— Eighteen Months' Hard Labour.

Reference Number: t18830910-811

811. JAMES SMITH (20) and CHARLES CLARE (20) , Stealing a purse, four pieces of paper, and 17s., the goods and money of Charles Edward Eggleton, from the person of Martha Eggleton.

MR. BURNIE Prosecuted.

MARTHA EGGLETON . I am the wife of Charles Edward Eggleton—we live at the National Schools, Chislehurst—on 27th July, between 3 and 4 in the afternoon, I was in St. Paul's Churchyard carrying this bag (produced), in which were 17s., consisting of a half-sovereign and 7s. in Silver—I suddenly saw the bag was open, and missed the purse—I did not see either of the prisoners—an officer afterwards spoke to me.

Cross-examined by Clare. I do not remember three people getting suddenly in front of me—my husband and son were with me—there were a lot of people, and I had to step off the pavement—I was just coming up by Hope Brothers' shop.

WALTER OUTRAM (Detective City Police). About a quarter-past three on 27th July I saw the two prisoners in St. Paul's Churchyard with another man, Brown—they walked down Ludgate Hill together—I followed them up and down two or three times—they attempted to open several ladies' handbags—they followed Mrs. Eggleton to Ludgate Hill—Clare placed himself on the left-hand side of her, Smith pushed up behind, Brown walked along in front, put his right hand under his left arm, unfastened the bag, and it flew open—they all stepped away, and had a conversation together—as the lady was about to cross the road Clare and Brown stood in front of her; Smith stood on the left-hand side of her, put his left hand under his right arm, and took something from the bag—I spoke to her, and then followed the prisoners some distance into a public-house, the Red Cross, in Paternoster Square—I got the assistance of Pegg and a gentleman and went into the public-house—Smith was sitting on the seat, and the other two were standing up close to him—Smith had the purse in his right hand, and emptied the money into his left—I said "Here you are; I am a police officer, and you will all be charged with stealing a purse from a lady's handbag on Ludgate Hill"—Smith said" We have got nothing, governor"—he dropped the purse on the floor—Clare said "I have been here some time; I don't know the other two"—I took them to Bridewell Police-station—Pegg picked up the purse from the floor just about where Smith had been standing—I took Clare to the station, the other officer took Brown, and the gentleman took Smith—Brown was taken before the Alderman; evidence was given that further detention would be dangerous to his life, and upon that he was discharged and sent to the infirmary.

Cross-examined by Smith. You did not say in the public-house that you had found the purse on Ludgate Hill—Clare said he did not know the other two, he had been in some time.

Cross-examined by Clare. Mrs. Eggleton was with her husband and son—I was in the road when I saw you, one in front, and one at the side—there were people on the pavement as well.

JOHN PEGG (City Policeman 365). I went with the last witness into the Red Cross public-house, Paternoster Square, on the afternoon of 27th July—the two prisoners and Brown were there; Smith was sitting on a form with this purse in his right hand, emptying the contents into his left hand; he had some silver in his left hand out of the purse—I seized his hand, he put the purse into his left hand and dropped it behind the form, I picked it up and gave it to Outram—the three men were taken to the station and searched by Outram—there were 7s. in Smith's hand, and on looking over the purse at the station I found half a sovereign in gold.

WALTER OUTRAM (Re-examined). I searched Outram, and found on him 6s. 11d.—I found no money on Clare.

Smith, in his defence, stated that on 27th July he was going after a situation at Spiers and Pond's, at the bottom of Ludgate Hill; that he met' Brown; that he found the place too busy, and so turned and was coming back up Lndgate Hill when he picked up the purse and asked Brown to have a drink; and that they were turning the purse over when the police came in.

Clare, in his defence, said that he had met Smith and Brown at the top of St. Paul's Churchyard, and Brown asked him to have a drink; that he walked some way with them, and then, as they were going into Fleet Street,

he went into Red Cross and waited for them, and was in there when they came in with the purse.

GUILTY. SMITH then PLEADED GUILTY to previous conviction of felony in November, 1882, in the name of Walter White, and CLARE to a conviction of felony in January, 1882, in the name of Charles Jones.— Five Years' Penal Servitude each.

The COURT considered that Outram deserved credit for the way he had effected the capture.

Reference Number: t18830910-812

812. WILLIAM ADLINGTON (26) , Embezzling 3l. 7s. 6d. on 11th November, 1882, and similar sums on 17th and 25th November, the moneys of a copartnership between himself and Matthew Henry.

MR. FULTON Prosecuted; MESSRS. KEITH FRITH and PARSONS Defended.

In the course of the case MR. FULTON proposed to give in evidence certain alleged embezzlements by the prisoner other than those charged in the indictment.

MR. KEITH FRITH contended that no such evidence could be given, and that the prosecution must confine itself to the specific sums charged in the indictment.

MR. FULTON, referring to the cases of Q.v. Richardson (8 Cox's Criminal Cases 448) and Reg. v. Prout (31. Law Journal, p. 71), argued that he was entitled to give this evidence in order to refute the probable defence of mistake.

The COMMON SERJEANT (having consulted MR. JUSTICE WATKIN WILLIAMS) ruled that the evidence was admissible. From the confused and unsatisfactory manner in which the prosecutor gave his evidence the Jury stopped the case and found the prisoner

NOT GUILTY .

FOURTH COURT.—Wednesday, September 12th, 1883.

Before Robert Malcolm Kerr, Esq.

Reference Number: t18830910-813

813. WILLIAM SAIT (31) and JAMES SAIT (29) , Stealing a number of ballots of wool, also for receiving, the property of Charles Edward Buxton and others.

MESSRS. HORACE AVORY and BLACKWELL Prosecuted; MR. GEOGHEGAN defended William and MR. BROUN defended James.

JOHN NASH . I am a prisoner in Her Majesty's Prison, Clerkenwell—I pleaded guilty last July to stealing certain wool the property of my masters, Messrs. Buxton—I have known James Sait about four years and William six months—I had been in Messrs. Buxton's employ as sample man for nearly eight years—I was with James Sait one evening last March talking of a man named Martin, who was then in custody for receiving stolen wool—Sait, knowing where I was employed, and that I had sold stolen wool to Martin, asked me to give him a turn, and he would pay me the same price as Martin, and said he could do with any amount of it, and he would send in the morning to fetch it away before business hours—he said he was in partnership with his brother, and sometimes the wool went to his brother's place and sometimes his own—I sent them wool from about the beginning of April to about the end of June by a carman named Holliday—he was sent by James Sait—I sent the wool off about 7.30 or 7.45 a.m. in rag bags—after the third transaction William Sait proposed to send some of his rag bags, as they looked dirty, and there was less chance of detection he thought—I was paid 4d.

per pound for it by James Sait in the presence of his brother William, mostly in cash—James's shop was 89, Roman Road—I believe the name "W. Sait" was over the door—William Sait carried on business at 76, St. Stephen's Road—I went with James Sait to William's shop on one occasion, when William produced a cheque-book, and James filled it in, making it payable to bearer on account of bottles—on this occasion I grumbled about the price of 4d., and they said they could do no more, as they only got 6d. themselves, and they thought 2d. a pound was little enough profit for them, considering the risk they ran—they gave me at different times cheques for 9l., 11l., and, I believe, one for 13l.—William Sait would sign the cheque—this is one of them (produced)—it was cashed at a neighbouring public-house midway between the two shops in the Roman Road—I should know the publican—I sent some wool during June—it was taken away by the carman Holliday—I sometimes sent two bags, sometimes three—each ballot would weigh about 90 pounds more or less, according to the size of the bag—the last transaction was near the end of June, when I believe three ballots were taken away—when I was in the House of Detention awaiting my trial James Sait said to me one day if I were convicted and he got out he would help to support my wife and family—he said if I said I never sold him any wool and he got out he would do as he said.

Cross-examined by MR. GEOGHEGAN. I related that at the last trial when James was acquitted—I was eight years with my employers in a confidential position—they were good masters; I robbed them for Martin—in conjunction with Cross, I stole wool from them—I did not rob for anybody else except Sait—others did with my knowledge, and I did not give information of it—I was examined at the police-court by Mr. Boardman, solicitor—I do not remember saying I never received instructions from William Sait—the only instructions I received from him would be at the time he proposed to send the rag bags—the first time I saw the carman was in the evening—I saw James Sait, and he instructed him to come the following morning—he asked me the price Sait paid me, and I said 4d. a pound—I suppose he knew it was stolen—I never told him—he never asked the question.

Cross-examined by MR. BROUN. The wool was fetched from Basinghall Street at from 7.30 to 7.45 a.m.—there were not many people about then, and it is down a gateway, a sort of turning.

Re-examined. Cross was also in what we term the lotting-room—I believe he is not now in the employment, he was up to the time I left—the wool was delivered on those occasions to Holliday by Cross; it was stored in his department—Cross would come to me and say, "Here is a good opportunity; you had better write or let that man know, and I can get the wool ready"—I used to write to James Sait sometimes, or go over to him and tell him the wool was ready—they paid me 50l. or 60l., I think—I am very sorry for what I have done—I was charged on the 14th July last with stealing one quantity of wool, and the Saits were charged with receiving, and they were acquitted—the wool was sent to Moorgate Street Station, to the cloak-room, and I believe Sait received it.

WALTER JOHN HOLLIDAY . I am a carman in the service of my father, 218, Roman Road, Old Ford—I knew the prisoners before April last—I have been in the shop, 89, Roman Road—the name "William Sait" is over the shop—it is a marine store dealer's—they used both to be in the

shop—76, St. Stephen's Road also belongs to them, and "William Sait" is over that—it is also a marine store dealer's, and I have seen both the prisoners there—I fetched the bales of wool—I was not aware at the time that they were wool, but I heard later on—I went to 24, Basinghall Street, the Buxtons' premises, by the direction of James Sait, in April last, and got there between 7.30 and 7.45 a.m.—he said I should see a man there who would answer to the name of Nash, who is the last witness—I took the bales to 89, Roman Road, and delivered them to James Sait—I went to Basinghall Street on 10 or 11 different occasions, and brought away bales each time, sometimes one and sometimes two—I never noticed any name on the bags—I took some rag bags there, which I received from James Sait, and left them there—I might have brought them away the next time I went with wool in them—if the bag was broken a little I could see the contents; it looked like wool—I told my father on each occasion that I was going—I have seen him make entries in his book as to my journeys—he used to enter it in Sait's name because it was trust work—I used to take them to 89, Roman Road and to St. Stephen's Road, which turns out of the Roman Road—I used to take them to Roman Road first, and then the boy or some one in the shop would tell me to take them to St. Stephen's Road—I used to see William Sait in the Roman Road—I would say, "These are the goods," and he would say "All right," and I put them in the back premises—William Sait lived in St. Stephen's Road, and James in the Roman Road—I took wool to the Roman Road about two months ago—James Sait went with me on one occasion when I took five rag bags, I believe—I could not see the contents of them, it felt like wool—I took them to the Old Ford goods station by the direction of James Sait, and he booked them—I have no doubt that the five bags contained wool.

Cross-examined by MR. GEOGHEGAN. I knew Martin, and used to cart wool for him from his place to the West India Docks—I do not know where Martin got that wool from, or what price he gave for it—I know he has been tried and convicted—that was before I carted wool for Sait—I never had a conversation with Nash as to the price of wool, and never said that 4d. was too little, and that it ought to be 6d.; if Nash says that I did it is a lie.

Cross-examined by MR. BROUN. I knew the bags contained wool because part of a bag would be sewn up and would be drawn away from the stitching—I felt them, and could tell whether they were rags or not—the goods were taken away openly.

Re-examined. I mean taken away openly in bags in my cart in the usual way of business—I do not believe they were rags, they were not hard enough.

WILLIAM HOLLIDAY . I am a carman, of 218, Roman Road, and am the father of the last witness—this is my cartage book—I have seen these entries of the 2nd, 10th, and 14th April before, I made them—they were jobs ordered by sometimes one of the Saits and sometimes the other—these entries of the 7th, 19th, and 26th June are right—I put them down as "the City"—I was ordered to go to the City each time, I do not know what place in the City; I know it was to fetch goods of some description—I do not know what I thought; it was not my place to ask them—I was paid by William Sait, and received the money sometimes in cash and once by cheque; I can refer to the party who changed it—the

26th June is the last date—it was given me by William Sait in payment of cartage, coals, and other jobs.

Cross-examined by MR. GEOGHEGAN. I have been carrier for William Sait and his father before him ever sine I have been in business, and for the son for nine or ten years—during the present year I have carted many other things besides these bags for Sait.

Re-examined. I think I have had two cheques—I should only enter one name of Sait in my book.

JAMES HOLLIDAY . I am the son of the last witness and am employed by him as carman—on the 30th of June last I took some foods from the saits' shop—I was told to fetch them by William—I went first to James's shop and then to William's—I fetched four full bags—I could not tell what was inside—it seemed as much like rags as anything else—when I fetched the goods from St. Stephen's Road I saw William there—I took the goods to Old Ford Station by his directions—I took two consignment notes with me—James gave me one and William the other—I did not pay the carriage—I booked them at the station—I took eight altogether—I did not notice any difference in the bags.

Cross-examined by MR. GEOGHEGAN. The one marked B, William gave me.

JOSEPH BROOKS . I am a rag merchant—I know Hurst, of Morley; he is a rag merchant and buys wool at times—about the 20th. June last I saw James Sait in the Old Ford Road, and he called after me—I went into his shop, 89, Roman Road, where I saw four bags of wool—they were rag bags—he asked me what I was doing in—I took samples of the bags and showed them to Hurst, of Morley—I afterwards returned to London and saw James Sait—I said I had an offer for this wool at 8d. a pound, and I gave him Hurst's address—I have seen the bags of wool here; it is a similar class of wool to that I saw in the Roman Road—the bags were longer and wider considerably.

Cross-examined by MR. GEOGHEGAN. I wrote this consignment note, marked B, myself—it refers to four bags of mango.

Re-examined. I bought the rags myself—James Sait called after me and asked me what I was doing in—I said I was in the rag business; I had been living in Yorkshire and had only been up a short time—he said "What can you do with?"—I said "Have you got any new shirtings?" that is "mango," and he said "Well, my brother will be having some in a few days, as he has bought some cuttings at a warehouse," and after coming back from Yorkshire and telling him of this offer of 8d. of Hurst's, I said "Has your brother got the cuttings ready?"—he said "He will have in three or four days"—I called and bought these rags, and that is what this refers to—this is the receipt; it is filled up in the body by myself—he asked me to fill it up on one of his forms as he was not a good writer, and then he settled; that is an entirely separate transaction from the wool I sold or entrusted to Mr. Hurst—that wool was never mentioned to William Sait at all.

HERBERT HENRY CHESHIRE . I am an agent at the London and North-Western goods station, Old Ford—I identify these two notes received from James Holliday; one is marked H and is signed by J. R. Sait to Hurst Brothers, Morley; the other is marked B, A. M. Brooks—the bags purported to contain rags—this is the consignment note for five bags of rage received from James Sait, 6th July, for B. Bank, Dawson Hill,

Morley, near Leeds; that was written by James Sait in my presence—I identify the prisoner—it was sent on to Leeds in due course—our agent at Morley has the books to prove the entry.

BENJAMIN HURST . I am a rag and wool merchant, of Morley, near Leeds—on 3rd July last I received per London and North-Western Railway four ballots of wool—I got an invoice for them (produced)—it is from "J. R. Sait, London, June 30th, 1883, 89, Roman Road, Old Ford"—before I received this I had seen Mr. Brooks. Read: "Sir,—I have this day sent you four bags of wool," &c. (Signed) "J. R. Sait." I sent a cheque in payment, dated July 3rd (produced) for 23l. 3s.—it came back to me duly paid and endorsed "J. R. Sait" and "W. Sait"—I got it from the bank on Tuesday—I do not know anything of William Sait—I sent it to the same address in Roman Road—I did not notice that the things sent to me were declared as rags—I saw it in the waybills—I paid the freight.

Cross-examined. It is a crossed cheque.

HEDLEY BARROW BANKS . I am the son of David Banks, of Morley, near Leeds, wool and rag merchant—in July last I received five bags marked B, addressed to my father—they were delared as rags, but contained wool—I had previously received an invoice of the five bags from J. R. Sait, dated 6th July—I had previously known James Sait—I had seen him in Morley, and had agreed to purchase wool from him at 9d. a pound—on the 21st July I sent a draft addressed to "J. R. Sait, 89, Roman Road, Old Ford" (produced)—it is for 31l. 16s. 9d., the value of the five ballots of wool—in consequence of information received the draft has been stopped.

JOHN HYMAN . I am a rag merchant, of Britannia Street, King's Cross Road, I produce this banker's draft, which I received from William Sait—some three or four days after it was drawn I discounted it for him and gave him 31l.—I knew the prisoners before.

Cross-examined by MR. GEOGHEGAN. I have often done business with them—when Sait brought me the draft he did not say it belonged to his brother—I do not know that James Sait has no banking account but that William has.

RUSSELL JOHN GRAY . I am the manager of the Hackney Branch of the London and County Bank—William Sait has an account at that bank—this draft (produced) is drawn by Hurst, of Morley, in favour of J. R. Sait, and was paid into my bank on the 4th July, and is for 23l. 3s.—this cheque, No. 2040, is signed by William Sait, and dated 1st June, 1883 (produced)—it is drawn on William Sait's account in favour of J. R. Sait for 13l. 17s., and was paid into my bank on the 5th through the London and Westminster Bank—it is marked C—I have a copy of a portion of William Sait's banking account—there is a cheque here payable to Holliday for 4l. 2s., dated 6th July—I do not see any other.

Cross-examined by MR. GEOGHEGAN. The whole of the account is not here.

GEORGE HILLER . I am the landlord of the White Horse, 163, Roman Road—my house is between 89, Roman Road and 76, St. Stephen's Road—I have cashed cheques for William Sait, and cashed this one for 13l. odd—I do not remember the occasion—I passed the cheque to my brewers, Messrs. Mann, Crossmann, and Paulin—Mr. Mott is their collector.

Cross-examined by MR. GEOGHEGAN. The cheque is signed by William,

and the body of it is in a different writing—I do not know whether it is James's.

EDWARD MOTT . I am a collector for Messrs. Mann, Crossman, and Paulin—I received this cheque last Tuesday fortnight from Mr. Hillier, of 163, Roman Road, in part payment of his account.

EDWARD CHARLES BUXTON . I am a member of the firm of Ronald, Buxton, and Co., of 24, Basinghall Street—Nash was in our employ for seven or eight years in the sample room—he pleaded guilty last July to stealing some wool, to which he would have access—we had also a man named Cross, he would also have access—wool is not usually delivered as early as 7.30 a.m. from our premises—I have seen the bags of wool here and they are similar to what we had in stock in May and June last—the bag of wool I saw in July would be worth about 9d. a pound—it is possible we have some in stock as low as 6d. a pound—we had wool of much greater value—I have no account whatever of any wool sold to the prisoners, nor has any account been rendered by Nash or Cross of wool—Nash has not been sentenced yet—I was present when the verdict was given against Nash—I did not hear my Counsel state that I wished to recommend him to mercy.

Cross-examined by MR. BROUN. Until then Nash had served us faithfully as far as we knew.

WILLIAM WRIGHT (City Police Sergeant). I arrested the prisoners—I saw William in company with Roper in the Old Ford Road, on the 3rd of August last—I told him I held a warrant for his arrest—I read the warrant to him, which charged him with feloniously receiving wool from 24, Basinghall Street—he made no reply—I went to his house in St. Stephen's Road and asked him if he had any books, invoices, or papers referring to any wool transactions—he then handed me a few old papers—I asked him if he had any cheques or cheque books, and he produced several old cheque books and cancelled cheques—I asked for those cheque books from information received from Nash—he said he had not any papers referring to any wool transactions, and that he had not received any—he then said "This is a bad job; I thought it was all over when my brother was acquitted"—he was then brought to the City and charged, and made no reply—I arrested James on the same day—I saw him in the shop in the Roman Road, and told him I had a warrant for his arrest, which I read; and which charged him also with receiving wool from Mr. Buxton's, knowing it to be stolen—he made no reply—I asked him if he had any papers or invoices referring to buying wool—he said no, he had not bought any wool—he said he had some books, and referred me to four books in the shop, which referred to metal and rags—William told me on the former arrest that the shop belonged to him—the name of "W. Sait, Rope and Rag Merchant" was over the door, and at 76, St. Stephen's Road.

Cross-examined by MR. GEOGHEGAN. James only was in custody on the former arrest—when William told me the shop was his, his brother was in custody—I saw William coming up the Roman Road from his shop—I arrested James on the former occasion—he was brought to the City by a detective officer and I charged him there with receiving one ballot of wool from Nash, well knowing it to have been stolen from Mr. Buxton, of 24, Basinghall Street—the wool was brought to the station by Thomas Roper.

THOMAS ROPER . On the 17th July I saw William Sait when James was in custody—William made a statement then about the shop belonging to him, William was taken into custody on the 3rd of August—I met him in the Roman Road, and had seen him before Wright saw him—he asked me what I wanted—I said I wanted to speak to him—he was going away with a load of bones to Stratford—I said "Wright is up here and wants to speak to you"—he said "I want to go off to Stratford—Wright came up and read the warrant to him—he said he had never received the wool—that was in James's back yard.

Cross-examined by MR. GEOGHEGAN. It is not true that he made no reply when the warrant was read to him—on the first occasion, James told me it was his brother William's shop, but he allowed him to buy and sell as if it were his own shop.

JAMES SAIT received a good character.

GUILTY Seven Years' Penal Servitude each.

The COURT made an order of restitution in respect to the wool sold to Hurst and others.

Reference Number: t18830910-814

814. JAMES BOYCE alias SMITH (34) , Stealing a metal boiler, the goods of Thomas Stevens and another.

MR. CULPEPER Prosecuted.

WILLIAM JOHNSON . I am cashier to Thomas Stevens, of 35, Upper Thames Street, iron founder—on the 8th August this kitchen range boiler (produced) was standing at the door, and at about 5.30 they sent up for me and said somebody had stolen a boiler—I came down and saw the prisoner with it and asked him what he was going to do with it—he said a gentleman gave him sixpence to carry it—I asked him for the name of the gentleman and where he was going to take it to—he could give me no information, and I gave him in charge.

Cross-examined by the Prisoner. You said to me a gentleman had given you sixpence to carry the boiler.

JAMES KING . I am a labourer of 8, London Yard, Doctors' Commons—I saw the prisoner take the boiler from the door and place it on his shoulder to walk away—the warehouseman was coming down the steps and I called his attention to it.

By the COURT. I did not see any gentleman near.

JAMES HENRY HUTCHINS . I am warehouseman to Messrs. Stevens Brothers, I was called by the last witness and went after the prisoner—I caught him in about 70 or 80 yards—I asked him what he was doing with the boiler or if he had paid for it—he said a gentleman had employed him to carry it—I took him back to the warehouse and he was given into custody.

JOHN WILTON (City Policeman 508). The prisoner was given into my custody and charged with stealing a boiler—he said a gentleman gave him sixpence to carry it—Mr. Johnson said the boiler was taken from the doorway—the prisoner said "That is quite right."

The prisoner in his defence stated that at the time in question he had just come out of Holloway Prison, where he had been for a felony which he owned to, when he was accosted by a man who appeared to know him and who spoke of Holloway Prison, and he offered him sixpence to carry the boiler which he said he had bought to Cannon Street Station; that he gave him some beer, and he then went and fetched the boiler, when he was stopped and given into custody.

GUILTY . He then PLEADED GUILTY to having convicted of felony at this Court on 31st July,1882.— Two Years' Hard Labour.

OLD COURT.—Thursday, September 13th, 1883.

Before Mr. Justice Day.

Reference Number: t18830910-815

815. WILLIAM BUCKLEY, EDWARD WILLIAMS (29), and ALFRED WILLIAMS (24) , Feloniously attempting to set fire to a building, with intent to injure.

MR. FULTON, for the prosecution, offered no evidence.

NOT GUILTY .

Reference Number: t18830910-816

816. WILLIAM HAYCRAFT (35) was indicted for the willful murder of Mary Ann Haycraft. He was also charged on coroner's Inquisition with the manslaughter of the same person.

After the Jury were charged, the prisoner stated in their hearing that he was GUILTY of the manslaughter, upon which the Jury found that verdict, and no evidence was offered on the charge of murder.— Eighteen Months' Hard Labour.

Reference Number: t18830910-817

817. GEORGE WILKS (21) was indicted for rape on Eliza Green.

MR. LILLEY Prosecuted; MESSRS. GRIFFITHS AND KEITH FRITH Defended.

NOT GUILTY .

Reference Number: t18830910-818

818. JAMES HUGHES (38), ARTHUR STEWART (26), THOMAS FIELD (18), and EDWARD PYM (30) , stealing a loin of mutton of Joseph Curtis, their master. Other Counts for stealing other meat, and for receiving the same.

MESSRS. MONTAGU WILLIAMS and MEAD prosecuted; MR. BESLEY appeared for Hughes, MR. WARBURTON for stewart, and MR. RAVEN for Field.

ALBERT SPENOER . I live at 98, Estcourt Road—I was for about two years in the service of Messrs. Curtis and Thomas, butchers, of 10, West Kensington Terrace, and 2, Clare Terrace, Westbourne Road—Hughes, Stewart, and Field were in the same employment; Hughes was foreman, Stewart was carman, and Field was a lad, like myself—Pym was employed as a journeyman at 2, Clare Terrace, which is about half an hour's walk from the other shop—on Saturday morning, 21st July, about 6.30 Mr. Curtis was away—I saw Hughes hand a loin of mutton to Field—I did not hear what he said—he also gave him a black overcoat, and something else, which looked like a latch-key—Field went to the right of the shop, in the direction of May Street, where Hughes lives—about half-past I the same day, when Mr. Curtis was away at dinner time, Hughes asked me if I wanted anything(I understood what he meant; he had given me meat before, on other days)—I said "This evening will do"—about supper time, half-past 9, he gave me a loin of mutton—I showed it to Inspector Leach, at Edith Villas, and then took it to cedar Mews, where Stewart lives—about a fortnight before 21st August I had made a communication to my master—I knew that Leach was waiting to see me, I went there by appointment—it was only about two minutes' walk from the shop—he made a cross on the mutton—I then left it at Stewart's house—I had been there before—Stewart did not know that I had taken it there—I did not tell him that I was going to take it there—I left it there so that I could fetch it after the shop was shut—I had left meat there on previous occasions—before I went there this time Hughes was

outside the shop selling meat to casual customers—I did not see Hughes hand anything to Stewart at that time—about 20 minutes to 10 that same evening I saw Field take away a loin of mutton—Hughes handed it to him—it was not chopped—loins are generally chopped when sent out"—Field took it away in a basket in the direction of May Street—I had seen Hughes and Field in conversation two or three minutes before—Stewart was in the habit of driving a cart—on Saturday night it was his custom to take in the cart a portion of meat from the West Kensington shop to the Richmond Terrace shop, so as to be kept there in an ice safe—on that night I said to Stewart "Where are you going to leave it to night?"—he said "At Pym's house"—I helped load the cart with meat—Hughes, Stewart, and Field assisted—it was usual to weigh the meat before it was put in the cart, and book the weights—Hughes weighed the meat that night, and called out the weights—Stewart was within hearing—I did not notice what weights Hughes called out—I had never had any conversation with Hughes as to the calling out of the weights; I had with Stewart about six months before—I asked him how it was managed at the other shop—he told me they deducted the weight here, and when it was weighed at the other shop they could not tell the difference—I am not able to say whether the weights Hughes called out on this night were correct or not—Stewart would sometimes call out the weight; at other times he would load the cart from the scale—a ticket would be made out for the weight, which Stewart would take to the other shop—I don't know who would receive the weight there to see if it was correct—Pym was employed there.

Cross-examined by MR. BESLEY. I know a Mrs. Young, a customer of my master's—Hughes told me that she complained that the meat was short weight—he did not tell me that if he thought I had taken any meat he should report me and get me discharged—he said something about telling the governor about it, but he did not say anything about getting me discharged; that was about 12 months ago—I know a Mrs. Wells, a customer, of 5, Edith Road—Hughes told me that Mrs. Wells'a cook had informed him that I had said "Don't weigh the steak, I have had some of it for myself"—that was true, I had—I don't know that Hughes spoke to Mr. Curtis about it—that was about two months before this—I have a younger brother about 12—Hughes did not tell me that my brother had been stealing meat at the shop; he did not say "Both you and your brother are a couple of young thieves"—I heard it from my brother—Hughes did not tell me of it, I told him—he did not say "You are a couple of young thieves"—I have never said that Hughes had threatened to discharge me, and therefore I thought I would make him go first—I am not prepared to swear that it was not a knife that Hughes handed to Field.

Cross-examined by Stewart. You did not tell me to leave the meat at your place—I always took it upstairs and put it in the cupboard myself—no one saw me do it—I have put meat in the stable before.

Cross-examined by MR. WARBUETON. I once stole a silk handkerchief—it was my duty to obey the orders of the other men, and it would also be Field's duty—I believe I owe Field some money for a bet, about 13s.—it was about three or four weeks before the prisoners were locked up that I gave information to my employer—I had been engaged in some of these transactions, I admit that—Field had nothing to do with

the weighing or the driving of the cart—some of the customers are poor people—Field lives in Anhalt Road; that is 20 minutes' walk.

Cross-examined by Pym. I did not on Saturday night, 21st, ask Stewart to leave something at Newton Villas—I did not ask him if I could leave something at your house for me to call for—I said "What are you going to do with the meat to-night?" and he said he should leave it at Beaumont Villas, where you live.

Re-examined. Field had lent me money before, but I paid him—I did not owe him any money, except 13s. for a bet.

ANNIE MARIA HUGHES . I live at 20, May Street, Fulham—I am the sister of the prisoner James Hughes; he lives with me—on Saturday, 21st July, on going into the kitchen at 8 in the morning I saw a chump of mutton on the table; it was part of a loin—it was chopped—I don't know who brought it—I put it in salt and water, and afterwards cooked it—I afterwards gave it to Inspector Leach about 3 next morning, when he called at the house—about half-past 9 the same night Field came and brought a loin of mutton; I don't know whether it was chopped—he did not say anything when he brought it—I did not ask him anything—later on Harry Hughes, my nephew, came; he is the son of Richard Hughes, the prisoner's brother—he lives at 3, Caxton Road—Harry brought a note; I burnt it at the time—it was my brother Richard's writing—Harry took the loin away.

Cross-examined by MR. BESLEY. I sleep in the house—I suppose the meat had been put in the kitchen before I was up—I don't know how it came there—it was very green and tainted—I told the Magistrate so—it was not a very large piece—my brother goes to his situation early in the morning—he comes home to his meals—he was formerly in business for himself as a pork butcher—I know from him that he was allowed to have meat and pay for it, and I have seen the bills, and he was allowed to supply his relatives also—the note I burnt only said, "Kindly give bearer the meat I ordered"—the prisoner has always borne an irreproachable character—I do not go to Mr. Curtis's shop for meat.

Cross-examined by MR. WARBURTON. There was no attempt at concealment with regard to the meat that Field brought—I have had meat from Curtis's shop that has been paid for—Field has brought it in the open way of business; not constantly, once or twice.

Re-examined. Harry had not called for meat before—this piece was very putrid—I washed it in salt and water.

RICHARD HUGHES . I live at 3, Caxton Road, Shepherd's Bush, and am a clerk in the Post Office, and am brother of the prisoner—I have had meat from him three or four times—on Monday, 16th July, I met him by appointment at the West Kensington Railway Station about 50 yards from Mr. Curtis's shop—later in the evening I asked him to order me a loin of mutton for Saturday—we were then outside a public-house, 300 or 400 yards from the shop—on Saturday, 21st July, I received a postcard from him saying "Send or call for the loin which you ordered"—I destroyed it as soon as I received it—in consequence of that postcard I sent my son to 20, May Street for the loin—I did not receive a bill or note of the weight—my son brought the loin—I found it at home when I returned—on the Sunday I was visited by Leach and Frowest, and I handed the loin to them—my brother had supplied me with meat on

three or four other occasions—he said he had bought it at his master's shop, and he resold it to me—he said he got it at 6d. or 7d. a pound, the same as it cost him—that was what he charged me—I paid him for it, not always at the time—once or twice I did, and once or twice afterwards—I never got a bill with the meat, or a note of the weight—I trusted to him for the weight and paid him whatever he asked me—the loin of mutton was not chopped.

Cross-examined by MR. BESLEY. I have been 28 years in the employ of the Post-office—the prisoner is 10 or 12 years younger than me; he is the junior of the family—he gave up business on his own account three or four years ago—he has been at Mr. Curtis's about two or three years—there has never been the slightest imputation on his honesty until this—I had no reason to doubt that he would pay for the meat.

ELLEN LAND . I live at Gipsy Hill—on 21st July I was staying with Mr. and Mrs. Pym at 6, Beaufort Villas, North End Road—about 11 o'clock, whilst I was in the house with the children, I answered a knock at the door and saw a horse and cart—I don't know whether it was a butcher's cart—a man got down and gave me a large piece of meat, which I put on the kitchen table—when Mrs. Pym came home I showed it to her, and she put it in the larder—I afterwards saw Inspector Leach come, and it was handed to him.

Cross-examined by Stewart. I don't remember any statement you made when you left it—I don't remember your saying that Spencer would call for it later on.

ELIZA BEAUMONT . I am the wife of Frederick James Beaumont, of 7, Grove Cottages, North End Road, West Kensington—on 21st July, about 11 o'clock, before dinner, I took in, from Field, two loins of mutton, which were subsequently returned to Mr. Curtis—Field asked would I take them in, and I said "Yes"—he said he would call for them—he had brought meat two or three times before to me, and once or twice to my husband—he asked if I would take it in, and he would call for it, and he has called for it in about 20 minutes, sometimes longer—I supposed it was a convenience for him to call for it on his next round.

Cross-examined by MR. WARBURTON. I don't know that I have bought meat of Mr. Curtis; I may have bought some.

FREDERICK JAMES BEAUMONT . I am the husband of last witness—I know Hughes—he formerly lodged with me—I know Field—on the night of 21st July, when I came home at 12 o'clock, my wife made a statement to me, and I found two loins of mutton in the house—I threw them into the water tank next morning—I took them back to Mr. Curtis—I have seen Field once or twice when he has brought meat to my house, and he or one of the others has called for it—I mean Spencer—no one else to my knowledge—it has been left five or six times between them, I should think.

Cross-examined by MR. BESLEY. This paper (produced) is my writing—I could not swear that Hughes ever slept in my house—he engaged the room and was in the habit of coming in and out in the day—I could not say who occupied the rooms—I have seen several persons in and out; I do not know whether they slept there or not.

JOSEPH CURTIS . I am a butcher, in business with Mr. Thomas, at 10, West Kensington Terrace, and Clare Terrace, Richmond Road—Hughes was my foreman at West Kensington; Stewart and Field were journey-men

under him—Pym was employed at my other shop—before 21st July I discovered a deficiency in the stock-taking—a communication was made to me by Spencer, in consequence of which I went with Mr. Thomas to the police—on Saturday night, 21st July, I was fetched to Hammersmith Police-station, and there saw a quantity of meat valued at about 3l.—I could swear it was my meat—Hughes had no authority to sell meat on his own account—I knew nothing about it—he had no authority to send out meat without its being booked, or without a bill—the moat supplied to my customers would appear in my books day by day—in supplying casual customers it was always usual to send a ticket with the meat—in the middle of the day on Sunday, 22nd July, I went to Mr. Beaumont's; I saw Mrs. Beaumont and made certain inquiries of her, and in the evening I received two loins of mutton from Mr. Beaumont—I had no account with him, no meat was ever booked to him—I identified those two loins of mutton as my property, they had been in the cistern—it was in consequence of a communication from Spencer that I went to Beaumont's—Hughes was paid every Saturday—he did not have any meat as part payment—Pym was paid every Saturday, and Stewart the same, and I gave him from 10 to 12lb, of meat every Saturday besides his salary—his meat was ready for him that week—I don't know whether it had been sent round—none of these loins of mutton formed any part of the meat that he was to have—I did not know Richard Hughes—I never sold him any meat—I never authorised the prisoner Hughes to sell any meat to his brothers, nor has he ever accounted to me for any moneys the produce of meat so sold—when I was away at breakfast or supper Hughes had charge of the shop—Miss Farmer is my bookkeeper; she always took her meals with me, and would be away from the shop at the same time—when meat is sold outside for ready money it ought to be brought inside and weighed, and the money would be put on the desk, and Miss Palmer would take it, or my daughter, whichever was there—in consequence of what Spencer told me I employed the police—we have an ice safe at the shop in Clare Terrace, and in hot weather the greater portion of the meat is brought from West Kensington to Glare Terrace to put into the ice safe—Stewart drove the cart—the weight of the meat was taken with a ticket of it sometimes by Hughes sometimes by Stewart—Miss Farmer or I should book the weight—Pym made it his business to receive the meat from Stewart—if the weights did not tally with the ticket it would appear at once; but I believe that was arranged between them—I will not be sure who booked the weights on that Saturday night—neither of the prisoners had any authority to deliver this meat at the places where it was found—I saw the lion of mutton that had been cooked by Miss Hughes which was said to be tainted—I ate part of it on the following Tuesday and it was perfectly good.

Cross-examined by MR. BESLEY. I did not see it before it was cooked—we use a clock scale for weighing; the meat; it was a little out of reckoning, not 14lb., only two or three—I booked one joint meat to Hughes at Christmas to take home to his parents in the country—we served a tailor with a few joints; we could not get the money and Hughes said he could get it, he would have a pair of trousers or something, and I might have deducted the amount—if Miss Farmer has entered on Monday things that have been forgotten on Saturday, it has been Hughes's neglect—the dealings with Hughes have not been

extensive—these accounts (produced) are all very small matters, about a sovereign a month—I have not employed him to collect accounts that were overdue—I have asked him sometimes to run to so and so—I have made him a present once or twice.

Cross-examined by MR. RAVEN. Stewart used to take the meat to customers in the cart; he was paid his wages every Saturday, 26s. always in money, besides the meat; I mostly gave it him on Tuesday, about 21b. or 2 1/2 lb., and on Thursday the same, and on Saturday his joint for the Sunday—sometimes I was absent, and then Hughes gave it to him; that was only in the middle of the week, not on Saturday; he could have it at any time he chose to ask for it.

Cross-examined by MR. WARBURTON. Field has been in my service about twelve months—I had no suspicion of him; he always bore the character of an obedient well-behaved lad—he was under the other men and would take their orders.

Cross-examined by Pym. You mostly received the meat—it was not always weighed.

Re-examined. When any meat was supplied to Hughes a bill was always made out for it at the end of the month; it was entered every time he had it—there is no bill with regard to the meat alleged to be stolen, nor any entry of it in the books.

ELLEN FARMER . I am a bookkeeper to Mr. Curtis—it was my duty to receive at the desk money paid for meat sold for ready money—I did not receive payment for any of these pieces of meat.

Cross-examined by MR. BESLEY. In Mr. Curtis's absence Hughes was manager of the shop; he was in full charge except when away to his meals—sometimes he went to his breakfast a little before 8 o'clock, sometimes after; he would usually be away half an hour, and a longer time for dinner, half an hour for tea—on Saturday nights he usually left at half-past 7 o'clock—I attended every day during business hours—on a Saturday we were very busy—Mr. Curtis would be there until the orders were finished, then he usually came to the desk and did a little writing—occasionally in the hurry of business on Saturday night entries have been made on the following Monday, but very rarely—Hughes kept a little book in which he entered orders, which he would call out to me—it usually laid on a slab outside the desk; it was kept entirely by him.

WILLIAM LEACH . (Police Inspector). On 13th July I was spoken to by the prosecutor, in consequence of which I saw Spencer, and from what he told me I gave him certain instructions—on Saturday, 21st, I was watching the prosecutor's shop with Sergeant Frowest—about 20 minutes to 10 o'clock Spencer came to Edith Villas, where I was watching; he showed me a loin of mutton, which I marked with a cross with my penknife, and I saw him take it down Cedar Mews—about a quarter to 10 o'clock Spencer returned to the shop; Hughes was then outside; I saw him take a loin of mutton and hand it to Field in a basket; Field left and went in the direction of May Street—I directed Frowest to follow him—about 25 minutes to 11 I was in Castleton Road—Spencer came to me and told me something; I then saw Stewart coming down the North End Road driving a cart—I followed him—he turned up May Street, and I lost sight of him—about 10 minutes after I saw him come down the Lilley Road, turn down North End Road, and stop at 6, Beaufort Villas, Pym's house—I saw him hand in half a sheep with the exception of the

leg to a female—the door was closed, he got on the cart again and went in the direction of Clare Terrace—I went back to the shop; it was closed, and Hughes was leaving the shop—I told him I was a police officer, and I should take him into custody for stealing meat, the property of his master—he said "Very well, sir; I know nothing about it"—I sent him to the station by a uniform constable—I then went into North End Road—I there saw Spencer and Field coming round the corner and Stewart coming along the road in the cart—Field left Spencer and went up and spoke to Stewart; they were in conversation for a few moments—Field left him and Stewart drove on—I called Field to me and handed him over to Constable Gibson—I then went to the prosecutor's stable in Cedar Mews, and found that Stewart had already been taken into custody by Frowest—I said "Where is that meat that has been brought here?"—he made no reply—I opened a cupboard on the landing and found the marked loin of mutton which Spencer had brought to me, and about two pounds of steak on a plate—I asked Stewart how he accounted for that being there—he said "Some one brought it here, I don't know who it was"—I told Frowest to search the cart, and he returned with a leg of lamb—Stewart said "That was left there"—I then went to 6, Beaufort Villas—I saw Pym's wife, and she handed to me a fore-quarter and loin of mutton—about 20 minutes past 12 o'clock Pym came in, and I pointed to the meat lying on the table, and said "How do you account for that being there?"—he said "I did not know it was here, I was going to kill a rabbit for my dinner to-morrow, and was going out in the morning to buy some pork to have with it; it would be worth while to let me go and see Mr. Thomas"—I said "It is no use, he knows all about it"—on the way to the station he said "Arthur" (that is Stewart) "asked me some time ago to let him have some meat, and I said he could, and I wish I had never done it"—at the station they were all charged, the three with stealing the meat, and Pym with receiving—they made no reply—in one of Hughes's pockets I found two sovereigns and two florins, and in another 1s. 6d. in silver and three halfpence in bronze—about 8 o'clock on Sunday morning I went to Hughes's house, 20, May Street; I there saw his sister—she made a statement to me and produced a cooked loin of mutton, about 7 or 8 inches in length; a portion had been cut off—it was good—I did not detect any putridity or smell, it appeared to be a perfectly good loin of mutton—I went to 3, Caxton Road, where Hughes's brother lives, and he produced to me another loin of mutton, which I took possession of—I examined Hughes's coat, and found an unusually large pocket on the inside; it was greasy inside—the meat was all shown to Mr. Curtis and identified.

Cross-examined by MR. BESLEY. I had been twice to Edith Villas between the 13th and 21st—I obtained permission from one of the inmates to watch from there—I could not see Mr. Curtis's shop from the roadway.

Cross-examined by MR. RAVEN. When I returned to the shop and found it shut up Mr. Curtis was standing at the private door; he lives there.

FRANK FROWEST (Police Sergeant). I was with Leach watching on 21st July near Mr. Curtis's shop—about 20 minutes to 11 I saw a butcher's cart loaded outside the shop—I ran round to 6, Beaufort Villas, which is about n quarter of a mile from the shop—I got there before the cart; I saw Stewart come up in the cart—he took from the cart a large piece of mutton, a half sheep without the leg, knocked at the door of No. 6, and

handed in the mutton to a woman who opened the door—I left and went to Cedar Mews and waited for the cart—Stewart was driving it; it was brought into the prosecutor's stable—I followed him and said I was a police-officer, and I should take him into custody for stealing a quantity of meat from his master—he said, "I suppose you will allow me to put my coat on"—I said "Yes"—he went upstairs and put it on—Leach asked him if he had any meat in the house—he said "No"—Leach went to the cupboard, opened it, and found a loin of mutton and some steak—I went and searched the cart and found a leg of lamb—I asked how be accounted for that being left in the cart—he hesitated a few moments and then said, "Oh, that has been left there"—I then took him to the station,—at the station Pym said to me, "My wife has had nothing to do with this; I have received meat, but I did not know this was coming."

Cross-examined. I was on the same premises as Leach in Edith Villas, looking over a wall, exactly 12 paces from the shop, at 9 o'clock at night—I was only there one night—I was watching from the 14th to the 21st.

ALFRED GIBSON (Policeman T). On the night of 21st July I took Field in custody from Inspector Leach—on the way to the station he said, "I am sorry this has happened, but I have not had any of the meat."

JOSEPH CURTIS (Re-examined). Field was living at home with his parents.

Pym's Defence. I had not the slightest idea of Stewart leaving anything at my house; he never asked me, and I did not know it was there. When the meat came from one shop to the other it was never weighed all the time I was there, which was twelve months.

Hughes and Field received good characters. GUILTY . HUGHES Twentyone Months' Hard Labour. STEWART— Twelve Months' Hard Labour. FIELD— Strongly recommended to mercy —Three Months' Hard Labour. PYM*— Eighteen Months' Hard Labour.

Reference Number: t18830910-819

819. GEORGE GRAHAM (24) , Stealing a book and an order for the payment of 2l. 7s. 6d. from the person of William Blackaby.

MR. KISCH Prosecuted; MR. PURCELL Defended.

WILLIAM HENRY BLACKABY . I live at 8, Canal Road, Shoreditch, and am a wheelwright—on 19th July, shortly after midnight, I had been in a public-house near the high road, near Hoxton, and was going home—when near the corner of the high road the prisoner, whom I had not seen before to my knowledge, came behind me, took hold of me, said "Halloa," opened my coat, and took out my pocket-book from a side pocket—I said, "What are you doing of?" and took hold of the end of his coat and collar—he dragged me on to the side of the road—I called out "Police"—he said, "I will give you your pocket-book back if you will let me go"—I said "No," and called out "Police"—they came and took the pocket-book out of his hand—there were a cheque for 2l. 7s. 6d. and a few of my cards in it—I did not notice any people about when this occurred—I cannot say if the prisoner was sober.

Cross-examined. I do not know the name of the public-house—I went in about 11.30—I had been at the Robin Hood, another public-house, before that for a quarter of an hour—before that I had been on business at another public-house—when I went to the Robin Hood I saw a gentleman with whom I did business, and he asked me to go and have a glass of ale—I was not doing business of that kind before I was at the public-

house—I went to the second public-house to have a glass of ale with a gentleman I had purchased goods of—I will take my oath I did not have any spirits—the second house was a beershop; while there I proposed we should all go to a spirit house, and I would treat them to some gin—there might have been a little music there, I gave a comic—we were all together in one compartment—I was quite sober—the persons were strangers to me, except one—they asked me to stand something, and I gave them two pots of ale—there might have been eight or ten—I have not a clear recollection of it—I don't know how much I drank—I did not take out my pocket-book in the public-house and say I have got so much—I went out by myself—I had had sufficient—I was not going to get some gin, that did not come off—the prisoner might have been in the bar with me—I know he came behind, and the sergeant took the pocket-book away from him—he thought I could not hold him, but he said he had never had such a man before tackle him—I did not say that we had been in the public-house together—I did not drop my pocket-book on the floor of the public-house—my friend did not pick it up, and as I was in such a state that I could not take it, hand it to the prisoner—I can recollect all that took place.

Re-examined. I am sure I did not take out my pocket-book before I left the public-house.

JOSEPH MASLIN (Policeman G 450). About 12.15 on the morning of 13th July I was in St. John's Road and heard cries of "Police!"—I ran round by the public-house and saw the prisoner and Blackaby struggling together at the corner of the High Road—Blackaby said "I will give the prisoner into custody for stealing my pocket-book from my breast-pocket"—the prisoner said "Don't lock me up; I will give you the pocket-book"—he held it in his hand; I grasped it from him in that manner.

Cross-examined. There was a man there who tried to trip me up—I don't know whether he was Blackaby's friend or not—the prisoner did not say the prosecutor had dropped the book—I swear the only words he used were "Don't lock me up; I will give you the pocket-book"—I have them in writing—there were a mob of people round the prosecutor and the prisoner, and the prosecutor seemed very excited.

By the COURT. The prosecutor knew what he was about when I came up.

GUILTY (See Old Court, Friday, page 533.)

Reference Number: t18830910-820

820. HENRY JOHN BRAY (22) , Burglary in the dwelling-house of John Redford, and stealing seven cigars, and other articles his property.

MR. CULPEPER Prosecuted.

OLIVER CHAPMAN . I am a joiner of 11, Tottenham Street, Kensington—on 12th August, about 1 o'clock, I was at my street door, which is near the Earl Craven—I saw three men loitering about in a suspicious manner—I went upstairs to my first room and looked out of the window—one man stood at the street corner while one went to the Earl of Craven and looked in at the door—a cab drove up shortly after and stopped at the corner of the street and the men went away—after the cab drove away the three men came back; one went over to the corner to watch and I saw the other two men round by the door, and one pushed something under the door and prised it up and opened it and entered—I put on my hat and went to try and find a constable—not seeing one, I went

to the station, which is not far off—I came back with a constable; he tried all four entrances, there are two in one street and two in the other, and found them all fastened—the constable then watched the doors in Tottenham Street, and I those in Egham Street; shortly after I got there I heard a bolt click, and a door opened and two men rushed out—I seized the prisoner, threw him on the ground, and detained him till the constable came to my assistance—I had seen him come out of the door.

Cross-examined by the Prisoner. I was standing between the two entrances, about two yards from the door you came out of—I did not state at the station that I was standing in the private entrance in Egham Street—I was not on the step when you ran out, I was between the two doors—I saw you come out of the house.

CHARLES SCOTT (Policeman X 537). On 12th August, about 1 a.m., the last witness came to the station and gave information to the inspector, and I went with him at once—we ran down to the house; I tried all the doors, and found them secure—I went round the corner and rang the bell, and before I could get back again to the door the prisoner was struggling with Chapman on the ground—I had left him round the corner by the door—I did not see the prisoner run out of the house—I was assisting Chapman when a third man ran out; I went after him, but slipped and fell—we took the prisoner into the public-house—while waiting for the landlord to be aroused I allowed the prisoner to sit on a form—when the landlord came I asked him if he missed anything, he said a few cigars—I found four on the floor, and on the form beside the prisoner I found three, seven altogether—on the prisoner I found 9d. in farthings, 9s. 6d. in silver, a pawnticket for a watch, and a discharge from the merchant service.

Cross-examined. I do not think I moved from your right while you were in the bar—I put my hand round you and took up the cigars from the form without moving—the other constable went round with the landlord to see what he had missed.

JOHN RADFORD . I keep the Earl of Craven public-house—on Saturday night, 11th August, the house was left all bolted up safely—I went to bed about half-past 12—about 2 in the morning I was alarmed by a ringing at the bell; I went downstairs, and there were the prisoner and policeman and Chapman—I asked what was the matter, and the policeman said "This man with two others has been in your house"—he asked me if I missed anything—I looked round the bar and missed several cigars and farthings (we use a lot of farthings) and three or four pieces of bad coins—I gave the prisoner in custody, and he was taken away to the station.

Cross-examined. I missed about sixpence in farthings; I could not tell to a penny or twopence; it might be 9d.

GUILTY . He then PLEADED GUILTY**†to a previous conviction of felony in November, 1879, in the name of James Gibbons.— Twelve Months' Hard Labour.

Reference Number: t18830910-821

821. THEODORE LEWIS WILLIAMS (32) PLEADED GUILTY to marrying Clara Laxton White, his wife being then alive.— Twelve Months' Hard Labour.

Reference Number: t18830910-822

822. And NICHOLAS SIMLICK (18) to burglary in the dwelling-house of Richard Charles Leach and stealing a pair of earrings and a bunch of keys, his goods; and also to burglary in the dwelling-house of Richard Cockerton, and stealing a coat and a knife.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]

NEW COURT.—Thursday, September 13th, 1883.

Before Mr. Common Serjeant.

Reference Number: t18830910-823

823. JOHN COLWELL (38) PLEADED GUILTY to indecently assaulting Elizabeth Rivett on divers days; also to assaulting Elizabeth Colwell, and occasioning her actual bodily harm.— Eight Months' Hard Labour.

Reference Number: t18830910-824

824. JAMES SAWYER (32) , Unlawfully obtaining 9l. 5s. by false pretences. Second Count, Conspiring with G. Jall and others to obtain goods and money from Henry Day. Third Count, Unlawfully obtaining an order for 5l. by false pretences.

MR. POLAND Prosecuted; MR. GROGHEQAN Defended.

WILLIAM HENRY DAY . I live at 8, Chipperham Place, Kilburn—I am 25 years old, and have been a cab-proprietor ten months—on Wednesday, 1st August, I went to Aldridge's Repository with my cab and horse, and got a catalogue of a sale there—while I was looking at it a man asked to borrow it, and I heard him speak to the prisoner about two horses—the prisoner then came and said that his master said something about two horses which they had got outside, but could not bring into the sale—I heard him say to the other man, that his master was in the office—he asked me to go outside and have a look at the horses, and as we were going out the prisoner said "Oh, here is the master!" and another man appeared on the scene, who I afterwards knew as Jall—the prisoner told Jall that he had brought me out to show me the chesnut mare—Jall said "All right; come along"—he and I and the prisoner crossed the road, and went down Castle Street, and at the corner I saw in a cart a dark chesnut mare, about 15 hands high, fat and good looking—she appeared to be all right—a man was standing at the near side of her, holding her head—Jall said that he was going to sell her because she was not fit for breeding, and not big enough to put to the plough, and that Sawyer had driven her 18 months—the prisoner said "Yes; and I never drove a better"—I asked Jall the price, in the prisoner's presence—he said he would take 18l.—I said that it was too much, and I had not sufficient—he asked how much I had got; I told him 9l. odd—we went into a public-house, and I arranged to exchange my mare for his mare, give him 9l., and security for 3l.—I was to try his mare as soon as they were changed—he asked me to hold the ink for him while Sawyer took my mare out and put his in—Sawyer went out while Jall wrote out an agreement; I signed it, and handed him over 9l. 5s., and signed this note of hand (produced) for 3l.—I then went out to try the mare, and found her in my cab—my mare had disappeared, and Sawyer also—some men then came out and claimed half a sovereign from mo for doing them out of a bargain—I got up on my box and found the mare was lame in her near front leg, and I was afraid to let her trot—I found that the nerves of the feet had been cut, and that she had been fired—I got her as far as Leicester Square, and walked her all the way home, and found she was no use whatever—I sold her for 3l. 5s.—I have seen no more of my mare—I applied to the police, and the prisoner was taken on the 8th.

Cross-examined. I looked at the mare's teeth and eyes, but did not feel

her legs, which I might have done—I was quite satisfied with my inspection—I believe the mare I drove away was the same I bought of Jall—I told Wootton, who sold her for me, that she was lame—I did not say that she was unstrung—I did not fix any price—I should have honoured this document if the horse was right—I have said "I could not pay the 3l. when it became due as I have not the money"—I went to Bow Street on 1st August—I said before the Magistrate that in my opinion Jall was the more guilty party, and I wished to withdraw the charge.

Re-examined. I called the attention of police to the mare before I got her home—I did not conceal that she was lame—I told Wootton to sell her for what he could get—I had given 7l. for my horse, six weeks before—I stated the facts to the Magistrate, and a warrant was granted against the prisoner and Jall.

ALBERT GREGORY (Detective E). On 8th August I took the prisoner on a warrant in the Lamb and Flag, St. Martin's Lane—the warrant was read to him at the station—he said "I know nothing about it"—I have tried to find Jall but cannot.

Cross-examined. The Lamb and Flag is about 100 yards from Aldridges—there are no sales outside Aldridge's, but sometimes deals take place.

JOHN SPARKS . I am a farmer—on 12th July I was at a horse sale at Paddington—it was raining very hard, and the prisoner came up to me in a shed—he appeared to be bargaining with another man, and said "This man has offered me a sum of money and wants to deduct 2l. for the auction duty; I am not sharp enough for London horse dealers; my father is a farmer at Godstone; I was with him some years, but not liking a country life I came up to London and started in a glass and china business; I bought this young horse, and it is not strong enough for my work; my people frequently give him a load of two tons' weight, and I want to sell it"—he said that he brought it from Mile End to put it into Mr. Rymer's sale, but he refused to allow it as it was a private auction, and the man he had been talking to was going to give him 25l. for it; but he had refused it because he wanted to deduct 2l. 2s. auction duty—he said "You don't want a horse, do you?"—I said "I want a rough horse for the farm"—I went out and looked at it—it was tied to a cart—I said "Trot it out"—he said "I have trotted it out for the man who came to me, and a policeman told me he would take the horse and me also if I did it again"—I thought it was a young horse, and offered him 25l., for it—I gave him a cheque for 25l. and arranged that the horse should be sent to me at Waterloo Station—the prisoner gave me this paper: "July 12th, 1883. Sold to Mr. Sparks, a horse for 25l., warranted sound and quiet. F. Sawyer." I went to "Waterloo Station and the horse did not arrive—I had given him my address, and when I got home I found a telegram, and he came down with the horse next day—in the mean time I had stopped the cheque—I saw him just outside my bank at Guildford—he had been there, and he told me that the horse was at the station—I, thinking it was all right, gave him 25l. in cash, and he returned my cheque—I sent for the horse and found it utterly useless—I went to the prisoner's address in London, and saw the man who he had been talking to at Paddington, but he jumped into his cart and drove off—I went back, and then received this letter from the prisoner: "July 17.—Dear Sir,—You called at my residence yesterday.

I am sorry I was out. Please let me know your business, as I shall be at home on Thursday to meet you if you are coming to town." I did not go to town, but I wrote—I then received this letter: "Dear Sir,—In answer to your letter respecting the horse, I am sorry to think it did not suit you. I am willing to take it back if you will send word when he will be at the station, and send a man to meet him and pay expenses." I wrote again, but got no answer—the doctor did all he could for the horse, but he was beyond all cure—on 10th August I went to Bow Street to see a man examined in a horse-coping case, and recognised the prisoner, and gave evidence against him—after the remand some one came down to Guildford, gave me 5l., and took the animal away.

Cross-examined. If it had not been for the police I should not have been in the witness-box at all—I had a good look at the horse, but in such a case as that, the best judge could not tell—I got my 25l. back, and 5l. for my expenses, and I had the use of the horse for a week.

Re-examined. I believed the prisoner's statement that he was the son of a farmer—his house at Mile End is not a shop.

CHARLES CARTER . I am a veterinary surgeon, of Guildford—on 16th July I examined a brown horse shown me by Mr. Sparks—I turned him round, and in doing so he nearly fell down—he was suffering from loss of power in the fore-quarters, a species of paralysis of long standing, and was only tit to be slaughtered.

Cross-examined. The paralysis might arise from sudden injury to the spine—his general health led me to believe that it was of long-standing,; there was a non-ability to progress—that would not proceed from a ricked back.

HENRY CROKER . I live at 61, Catherine Street, City Road—I have known the prisoner 20 years—he lives in Star Street, City Road—that is a private house—he has not a china and glass business, he is a cabinet maker and takes his goods out on a barrow.

Cross-examined. I believe he is a respectable man—he has not been in trouble that I know of.

GUILTY of conspiracy. Six Months' Hard Labour.

OLD COURT.—Friday, September 14th, 1883.

Before Mr. Justice Day.

Reference Number: t18830910-825

825. GEORGE GRAHAM (24) , Robbery with violence on Thomas Blackwell, and stealing a watch, chain, and scarf-pin. (See page 528).

MR. KISCH Prosecuted; MR. PURCELL Defended.

THOMAS BLACKWELL . I am a watchmaker, and live at 3, Collingwood Street—on the morning of 12th July, about half-past 12, I came out of the Shakespeare's Head in Percival Street and went down Lever Street on my way home—I had had a glass of gin-and-water with a friend—I was alone—a short, stout man accosted me and walked with me about 60 or 80 yards up the street, and as we were getting towards a dark part of the street he tried to throw me down; he could not do it—I turned round and struck him as well as I could—there was a struggle between us for two or three minutes—I had a watch in my waistcoat pocket attached to a chain and key and seal; it might have been exposed; I had a light coat on—the prisoner and another came up while the struggle was going on

—I struggled to get away; eventually they got me down; while I wag down I kicked and fought—the prisoner said "We are bound to do you, old man, but we won't hurt you no more than we can possibly help"—I said "All right, I know you all, and very likely I shall have"—the prisoner took my watch out of my pocket and more my scarf-pin away—I had never seen him before—they all ran off as fast as they could down Queen Square—I went direct to the station—there was not a soul in the street but us—I next saw the prisoner at Worship Street Police-court about a fortnight after, about the end of July, and identified him—I gave a description of the three within five minutes after it had happened—I am quite sure the prisoner is the man who took the foremost part in the matter; I have not the slightest doubt—the value of the watch and chain was about 2l.

Cross-examined. The shops and public-houses were closed—the place was dark; there was a little light from the gas-lamps, quite light enough for me to recognise all the three—it was while I was struggling with the short man that the other two ran up—I could not tell whether one seized me in front and one behind—they all struggled to get my chain—when I was down I kicked and plunged with my hands and feet, and one held my hands and another my feet and the other took my watch—they were with me about five or six minutes; during that time I was straggling to protect myself—I am positive it was the prisoner who used the words I have stated—I was as positive at the police-court—I said he was the man—when I identified the prisoner at the police-court he was brought out of the cell, and I walked down the courtyard and identified him; there were five or six, and he was the last.

By the COURT. I heard him say at the Court that he knew nothing about it—I say he is the man that spoke to me.

Witnesses for the Defence.

ROBERT MUMFORD . I am an engineer by trade, and live at 3, Margaret Street, Clerkenwell—I am no relation to the prisoner—I have known him a good many years—I was at his brother-in-law's on Wednesday, the 11th, at 19, Sutton Street; his name is Graham—I was there up to about a quarter to 2 in the morning, when I left—I saw him first about 9 in the evening in Old Street Road, and I was with him all the evening—there was no one with us till I got round to the brother-in-law's—I saw the brother-in-law and his wife; nobody else, only the children—it was about half-past 9 when I got to Sutton Street, and the prisoner was there all the time till I left at half-past 1; I left him there to stay the night.

Cross-examined. I am not in business for myself—I worked at Pontifex and Wood's for three years, and at Messrs. Waterlow's; I have been working for Mr. Esson, of Fetter Lane; that was the last place; I left last Wednesday from slackness; before that I was working in the market—it is six or seven years ago that I worked for Messrs. Waterlow; I left there from slackness; I was not doing duty as an engineer there, as a handy man—my duty at Fetter Lane was to remove fittings and machines and put them up—I have known the prisoner 17 or 18 years; he has worked at the same place as I have—I have known his brother-in-law about 20 years; I was on very intimate terms with him—I have been to his place several times—the eldest child is about six or seven years of age—this was on Wednesday evening—it was the brother-in-law's

birthday—there was a gathering there—nobody else besides those I have mentioned—I am positive this was on the 11th—I met the prisoner in Old Street—I don't know whether we went by appointment; we generally do go there—we have been there before on his birthday, not at the same place, but where he lived before—he said to me "Come round and have a glass of something to drink, it is my birthday"—he said that to me on the same day in the street, in Goswell Road, in the middle of the day, as far as I can say—I did not know that the prisoner was going there—I did not meet him till afterwards.

By the COURT. Sutton Street is not more than a quarter of a mile from where the man was robbed—I was in Mr. Esson's employ up to Wednesday last—I had not been there more than eight or nine weeks the last time—I have worked for him four or five times—they employ hands when they are busy, and discharge them when they are not.

HENRY GRAHAM . I am brother-in-law of the prisoner—I live at present at 10, Memel Street, Old Street—on my last birthday I was living at 19, Sutton Street, Goswell Road—Robert Mumford was at my house on my birthday, the prisoner and two or three friends, my own brothers—Mumford knew it was my birthday on the 11th; I was 39—they came round about half-past 8, as near as I can recollect—the prisoner stopped there till next morning; at half-past 5 he went and got some milk—Mumford stopped there till about 1, as near as I could judge—the prisoner was never but of my presence from half-past 7, when I first saw him.

Cross-examined. The 11th was my birthday—I was born in 1844 at 105, James Street, Yarmouth—I generally have a little bit of jollification among my family when I can afford it—they supposed I was 40 on this day, instead of 39, and to prove it I went round-to my eldest brother's—the meeting was not prearranged, it was accidental; they casually dropped in—the prisoner did not drop in casually, I met him at half-past 7, when I left my work at the Shepherdess Sawmills, St. Luke's, and I asked him to come home; I took him home with me—we got home about 8.30 or 9, and we were in and out in the evening—we were about one hour coming home—I met him at the Coach and Horses in Mitchell Street—he was under my observation the whole of the time from 7.30 until 6.30 next morning—I swear that positively—Mumford was there, my wife, children, and two or three friends, my two other brothers—Mumford appeared about half-past 8, a little after we got home; he came alone—it was just a casual visit Mr. Mumford coming—I did not know he was coming till he came—I did not expect him for certain that he would have come—we only had a few pots of ale and a little drop of gin—I used to see Mumford pretty well every week—I had seen him on the previous Sunday morning—my two brothers, Richard and Benjamin, were there on this evening—they are not here to-day; they cannot lose their time to come—I have known Mumford 19 or 20 years—he was a handy man at Pontifex and Wood's; an engineer he calls himself—he has worked for respectable firms, never out of a day's work unless on his own account; he is out of work at present—the prisoner slept at my house on this night, and stopped till half-past 6 or 7 next morning—I saw him go into his room—we made him up a bed by the side of my little boy.

Re-examined. He has slept at my place on two or three occasions.

EMMA GRAHAM . I was living at 19, Sutton Street—my husband's birthday was on 11th July—there were three or four of us at our home that day, four or five; one was George Graham, the prisoner, and a young man named Mumford, and two or three more—the prisoner came early in the evening—he was there to tea; I gave him some tea, and my husband was very ill at the time; his head was very bad—the prisoner did not go away at all; he slept there, I made him up a bed with my little boy—he did not leave till he went for the milk in the morning.

Cross-examined. My husband was not very ill, but his head was bad—he came from his work a little earlier than usual; he came home to tea about half-past 4—I am positive it was not 5 or 6—there was a clock in the house—he came early and alone, and I went round and got the prisoner; he came round—I went to his mother's house, where he was living, to fetch him to come round and sit with my husband, which he often used to do, mostly on a Saturday—he came back with me to my place—he had not been there before that day—Mumford and his wife came after tea-time; I could not tell you the time, it was about an hour after tea I should think—a young man was also there that evening named William—I don't know his other name; he is not a relative—he used to work with my husband—Benjamin Graham was there, and Richard Graham came, but he did not come upstairs; he came with a message—I am quite sure all this took place on the 11th, on the Wednesday evening.

By the COURT. Benjamin and Richard Graham are brothers-in-law to the prisoner by marriage—they are at work the same as my brother ought to be—Benjamin works in the City; I cannot tell you where—he is a glass-blower—the other lives at Stepney; he is a brass turner—neither of them are here; they were here on Monday—the prisoner lives at 13, York Road, with his mother, and gives her 12s. a week; he is not married—his mother is here—York Road is about 10 minutes or a quarter of an hour's walk from Lever Street.

GUILTY †.— Five Years' Penal Servitude.

Reference Number: t18830910-826

826. ELLEN HAYNES, Feloniously wounding Edward Brown, with intent to do him grievous bodily harm.

MR. POYNTER Prosecuted.

The prosecutor was called upon his recognisances, but did not answer.

BENJAMIN TRICE (Policeman H 306). At 7 o'clock on Saturday evening, 14th July, I was on duty in the Commercial Road, St. George's-in-the-East, and saw the prisoner near Buross Street—from something I was told I stopped her, and told her I should detain her till I had made inquiries respecting a man that had had his throat cut—she said "Yes, I did it, I wish he was dead; he kicked me about"—I took her to the station—when there she said "I wish he was dead," after the charge was read—I saw the prosecutor at the hospital, not before—when I arrested the prisoner she had been drinking, but was not drunk—she knew what she was about; she was walking from the public-house into the road—I suppose it was five or six minutes between the cutting and the arrest.

---- MCCARTHY (Police Inspector). I took the charge against the prisoner and read it over to her—she said "He knocked me about, I went home, got a knife, sharpened it, went back, and gave him a dab with it"—she was sober; she had been drinking, but was quite sensible

to what she was doing; she was excited, she could walk uprightly—we believe the prosecutor to be absenting himself purposely—he is more a loafer than a seafaring man.

CHARLOTTE NEAL . I live at 40, Hungerford Street, Commercial Road East—on this night I went into the Refiners' Arms, Buross Street, with the prisoner and Brown and another man, who called for a pot or half-and-half—I went down home and left them—Brown and the prisoner had had a little to drink, but were not drunk—he was more sober than she was—I came back about five minutes afterwards, and was standing talking to the other man, with my back turned to the prisoner and Brown, when I heard some one call "Oh!"—I turned round and saw Brown bleeding from his throat, and I saw the prisoner throw this knife (produced) down—I picked it up; the landlord asked me for it, and I gave it to him—the prisoner was drunk.

Cross-examined by the Prisoner. We had been drinking at two public-houses with the other man—Brown came up to us in the Commercial Road and said to you "I want to speak to you," and you said "I don't want to speak to you," and he would follow us.

By the COURT. She had not been away from us before Brown's throat was cut—I could hardly believe she had the knife with her all the time we were out—I can't imagine how she came by it.

JOHN WILLIAM CONNOR . I keep the Refiners' Arms in Buross Street, Commercial Road East—on this evening I saw Brown and Neal in my house; I did not see the prisoner—Brown had been drinking, but he was what I should call sober—I saw his throat was out and bleeding—I did not see it done—I saw a knife in Neal'e hands, she gave it to me when I asked her for it—I went outside and spoke to the prisoner and asked her if she knew what she had done—she said "Yes, I have cut his throat"—she said no more—I should think she was sober—I had not seen her in my house since 2 o'clock.

Cross-examined by the Prisoner. You were not drinking rum in my house for two or three hours—you walked straight into the house and cut his throat.

THOMAS WOLEY . I am house surgeon at the London Hospital—on this night, 14th July, Brown was admitted suffering from a cut in ha throat, almost six inches long—it began just below his chin, and extended to his left ear—it was half an inch in the deepest part—so far as the wound went it was not dangerous, but he caught erysipelas and had abscesses—he has recovered—this knife is such an instrument as would have produced the wound.

Prisoner's Statement before the Magistrate. "We had been rowing for a fortnight. I was mad with drink, and he followed me, and I hit him with a knife. He had been in the habit of thumping me and ill-treating me; he stabbed me in the eye twelve months ago.

The prisoner in her defence stated that the had been living with Brown; that she refused to get cashed a pay-note for him, as he was not going in the ship, and he then went to his own lodgings; that after that he followed her, and knocked her about, and she got excited, and drank for three days, and then, not knowing what she did, got the knife, and did it, as she supposed, without knowing it."

GUILTY of unlawfully wounding. Twenty one Months' Hard Labour.

NEW COURT.—Friday, September 14th 1883.

Before Mr. Common Serjeant.

Reference Number: t18830910-827

827. JAMES CURRELL PLEADED GUILTY to forging and uttering an order for the delivery of three dozen skins, with intent to defraud; also to obtaining 246 skins of Henry Nickerson by false pretences.— Two Years' Hard Labour.

Reference Number: t18830910-828

828. WILLIAM MANN (26) and DAVID PUGH (28) , Unlawfully obtaining 2l. 10s. from Ellen Brent, and attempting to obtain 50l. from Sarah Pessean, by false pretences.

MR. MONTAGU WILLIAMS Prosecuted. MR. GEOGHEGAN appeared for Pugh.

ELLEN BRENT . I live at 5, Bryanston Square—I saw an advertisement in the Daily Telegraph for a lady to join a gentleman in a light profitable business—the address was "H. C, care of Mr. Webb,.219, Liverpool Road North—this is my answer (Found upon the prisoner, asking for full particulars)—on 10th August Mann called on me—he gave the name of Harding, and said "lam replying to your letter in person. Do you want this for yourself?"—I said "No, it is for an old friend of mine. What business is it?"—he said "Drapery"—I said "That will not suit my friend"—he called again on the 13th, and said "I think you will be glad to hear that I have met with a lady partner who has a capital of 900l., and I have 400l., will you kindly allow me the use of a sitting-room, as the lady lives at Hastings, and wishes to come up tomorrow morning to meet me in town to see the landlord, and it cannot be done at a restaurant or at any of the railway stations?"—I said that my dining-room was quite at his disposal for half an hour or so, and he left—the appointment was for 11 a.m., and a little before 11 on the 14th Pugh came and said "I am going to wait for Mr. Harding and a lady"—shortly afterwards Mann and Harding appeared, but no lady—I heard Pugh talking very loudly, apparently vexed that the lady was not coming, and Mann came out of the room and said to me "I have been down to the station, and the lady has sent me a telegram saying that she could not come up till Thursday, and the landlord had had another offer for the house, and is going straight there to see the party, and unless I can pay a deposit I shall lose the house, and the lady will be so disappointed; I don't want to break faith with her, can you lend me just sufficient to pay the deposit?"—I said "What does your landlord want?"—he said "Well, I think he will be satisfied with 30s. or so; I will go and ask him how little he will take"—he went into the room where Pugh was—the door was not open, but I was in the hall, and Pugh spoke very loud, and said "I won't take less than 2l 10s."—Mann came back, and said "The landlord won't take less than 2l. 10s."—I wrote this cheque for 2l. 10s., and gave it to him, believing his statement. (Endorsed "Charles Harding")—I believed Pugh to be the landlord of the house—Mann said that he had only to go to his lodgings, and would bring me the 2l. 10s. immediately—I told him I would wait till 3 o'clock for him, and did so, but he did not return—I subsequently received this letter from Hastings: "August 14th. Dear Miss Brent,—When I reached home yesterday I found a letter to go to Hastings at once. I am staying here till Friday, and will call on you when I return. C. Harding"—he did not come, and I wrote to Hastings—on the following Saturday, August 18th, Pugh called, and

was shown into the dining-room, and Harding and Mann and a Mrs. Pessean, an American, came—I heard Mrs. Pessean say "You are not the landlord. I should not think of parting with my money unless I see the landlord himself"—Pugh said "I am the landlord's son; my father is in Manchester till Monday"—she said "Well, I would rather wait and see your father"—they all left the house together—I never received my 2l. 10s.

Cross-examined by Mann. I said that if the lady was coming up from Hastings I did not mind giving her a bedroom if she required one—I did not say that I could "sleep" you also—I also said that I would give the lady a cup of coffee if she required it—when Pugh came on the following Tuesday he inquired for you as Mr. Harding, and I said that I expected you shortly—I did not say that I had known you some time, I said that I believed you to be a straightforward, honest young man—that was because I believed what you said—I did not say that I was in difficulties, and would be glad if you would lend me 50l. or 100l. if the business was a success; I said that my expenses would be very great, starting a house of that description—I referred you to T. Adams, Esq., Discount Office, Bank of England, to say that our establishment was bond fide, not because I wanted to borrow money of you—you said that you would send patients to me—there is a crack in the dining-room door, and Pugh was so excited that I heard what he said—I did not hear the landlord's name mentioned, but each time Pugh came my maid said "Here is Mr. Steddall"—I did not borrow 25l. of a young woman named Yate—I received 21l. from her to train her as a nurse, but she changed her mind, and I told her I would return the fee—she is not serving me—I am not in great difficulties—I did not want to borrow 50l. to pay her off.

Cross-examined by MR. GEOGHEGAN. I will swear it was Pugh's voice which said, "I will not take less than 2l. 10s. to secure the house"—I have no idea how Mann knows the woman Yates.

AGNES GODDARD . I am in Mrs. Brent's service—on 13th August Pugh called and said, "My name is Steddall; I am to meet Mr. Harding at 11 o'clock"—Mann had arrived the first thing in the morning and said that he was going to meet a gentleman—I showed Steddall in, and Mann came afterwards—on 18th August Pugh called early in the morning, and said that he was going to meet Mr. Harding and a lady at 11 o'clock—he came back at 11 o'clock and said, "Has Mr. Harding arrived?"—I said "No," and showed him into the front room—afterwards Mann came with Mrs. Pessean and asked for Mr. Steddall, and I showed them into the room where Pugh was.

Cross-examined by Mann. You never mentioned the name of Pugh to me—the detective did not tell me that the landlord's name was Steddall; I did not know that there was a landlord.

Cross-examined by MR. GEOGHEGAN. Pugh gave the name of Steddall, and that was the first time I heard the name; my mistress did not mention it.

HENRY JOHN SNELL . I am a retired schoolmaster—I cashed this cheque for 2l. 10s. payable to Mr. Harding and drawn by Miss Brent—I believe Mann brought it.

SARAH PESSEAN . I am a widow, and live at 7, Hayes Place, Lisson Grove—I saw an advertisement, "Wanted, a lady with capital, to engage in business"—I answered it, and received this reply. (This was from C.

Harding, of 219, Liverpool Road, stating that he would call on the witness the next afternoon.)—Mann called next day, and said that he was about to take premises in Camberwell Road, and wanted some one with capital to superintend the business, and would like me to do so, as he had some girls in the business and he was alone—he said that the lease was 100l., and if I paid half he would give me the lease as security for the money—I think he said he had 4,000l. capital—next evening I met him by appointment in Camberwell, and went with him to look at a large unoccupied house, which he said he had arranged to rent, that it was an excellent locality for business, and it would rest with me if he took it—he afterwards mentioned Mr. Steddall as the landlord, and I think he said he had seen him and engaged to pay 100l. for the lease—I do not remember when, but it was agreed that I should give him 50l.—I met him by appointment on 18th August at the American Exchange, Strand, and he took me to Mrs. Brent's house—Pugh was there, and Mann said to him, "Is your father here?"—he said, "My father is in Manchester"—I said, "When will Mr. Steddall be here?"—he said, "He will not be here till Monday"—I said, "I can do no business unless I see Mr. Steddall," and turned to go out—after we got to the door Pugh said that his father's solicitor was very near round the corner, and if I went there the business might be arranged, but I declined—at one time I met Mann by appointment, and he said he was prepared to go to the landlord to pay for the lease—I said that I was not prepared, but I wished to see the landlord—he said it was no use if I was not prepared with the 50l., and he was afraid I should not keep the engagement with him—I offered to give him security—he said, "Well, if you will give me 2l. or 3l."—I said, "No, if you cannot trust my good faith I will bid you adieu"—I think I said, "I will give you a note that I will keep my faith," but he did not take it—I afterwards made some inquiries of Mr. Steddall, and in consequence of what happened I communicated with the police.

Cross-examined by Mann. I really believed you were going into business with me—I should not have charged you at all if it had not been for the detectives, because it would give me trouble—they pressed me very hard to take it up—they never told me that if I was not careful they would have me up for conspiracy also—I was quite of opinion when you were charged that you did not want to rob me of the 50l., but I solicited the aid of the detectives for my safety, and they promised to go with me, but did not—you never mentioned to me your doing business in umbrellas.

Cross-examined by MR. GEOGHEGAN. Pugh did not come to me with a sample umbrella—I never saw him but once—Pugh did not take the lead—I was present when Pugh was arrested—he made no secret of his name.

ALFRED STEDDALL . I live at Denmark Hill, and own the block of houses called the Promenade—No. 81 was to let, but I never saw Mann in reference to it or received any letters from him—Pugh is not my son—I never saw him till I was at the police-court—I gave 70l. to my agent as the price of the house.

ELIZA WEBB . My husband is a stationer, of 219, Liverpool Road—we have been for some time receiving letters for "C. H."—the prisoner Mann called for them—I have given him some, and so has my little girl—he said that his name was Charles Hill, and asked me to let the letters be addressed there—since he has been in custody I have given some letters to the police; those were in the name of Harding.

Cross-examined by Mann. I have handed you letters addressed to Charles Hill.

ELIZABETH BISHOP . I live at 220, Liverpool Road—Mann occupied a furnished room in my house at 7s. 6d. a week for 10 weeks in the name of Mann.

Cross-examined by Mann. You paid me regularly, and I always found you well conducted—I never saw a visitor or a letter.

JOSEPH WELLS . I live at Walthamstow, and knew Pugh living at Prospect Cottages umbrella making—he occupied a private house, and Mrs. Pugh had the care of a mission hall.

JOSEPH SUMMERS (Police Sergeant D). On 18th August I took Mann in Bryanston Street—he was with Pugh and Madam Pessean—I told him the charge, and Cady took Pugh, and said "Oh, you are Mr. Steddall, are you?"—he said "No, I am the son"—Mann became violent, but with assistance I took him to the station, and found on him these four cheques, dated August 12 (produced), in his own writing, and this bill of exchange—I inquired for the Guildford Deposit Bank, but could not find it.

Cross-examined by Mann. You did not say that you would walk to the station but would not be carried—I held you by tie arm—I did not say that I would break your neck—when you got violent I took you by your collar, and your coat sleeve was torn.

JOHN CADY (Police Sergeant G). I took Pugh—Summers said "Are you Mr. Steddall?"—he said "I am Mr. Steddall's son"—I found these two duplicates on him.

THOMAS HENRY SEYMOUR (Not examined in chief).

Cross-examined by Mann. I am Mr. Steddall's agent—you called on me on 13th August, about 1 or 2 o'clock, at 88, Promenade, Camberwell, and asked the particulars of the premises—I said that the premium for coming in would be 70l., and the rent 130l.—I did not say that possession might be had for nothing, or that Mr. Steddall would not be particular about a premium if he got a good tenant.

Mann, in his defence, stated that he meant to go into business with Miss Brent, and denied all intention of swindling her; the 2l. 10s. being a loan which he intended to repay, and that he did not intend to swindle Madame Pessean.

PUGH— GUILTY . He then PLEADED GUILTY to a conviction of felony at the Middlesex Sessions in July, 1871. MANN— GUILTY †.— Five Years' Penal Servitude each.

Reference Number: t18830910-829

829. WILLIAM STEED (30) , Stealing 4cwt. of linseed, from a barge on the Thames.

MR. CULPEPER Prosecuted.

JOSEPH REYNOLDS . I live at 21, South Street, Poplar—on 7th September my barge was in the Victoria Dock ready to go out, and near the lock, loaded with 208 bags of linseed—I went on board between 11 and 12 o'clock, and missed two bags from the lot, and gave information to the police at the gate—I then went with the searcher to the prisoner's boat—the prisoner was there—the searcher asked him if he had anything on board—he said "No, not as regards cargo"—we found my two sacks in the hold concealed by straw and tarpaulins—they were marked "W. B. K." with "L. S." under—he said "Two men came to me between 9 and 10 o'clock and asked me to take two bags of something. I said I had no

money to buy anything with, and I can't account for the bags being there—they belong to William George Lewis, and are worth 3l.

CHARLES TYRRELL . I live at 10, Ben Nevis Street, Bromley, and am pier man at the Victoria Docks—on 7th September, about 12.30 p.m., I saw Reynolds talking to the gate keeper—I went on board the prisoner's boat, and said "Have you charge of this boat?"—he said "Yes"—I said "Is she empty?"—he said "Yes"—I searched with my lamp, and under some tarpaulin and straw in the hold found two bags of seed—I said "How do you account for these bags?"—he said "I know nothing of them; two men came to me between 9 and 10 o'clock, and asked me to buy two bags of stuff; I said I had no money"—I kept possession of the boat.

Cross-examined by the Prisoner. There were two or three canal boats lashed together; I went to yours first after I had been on the prosecutor's, then to another barge, and back to yours—I searched yours first—as soon as you said that your barge was empty I went to another which was touching yours; any one could have put them over into your barge.

By the COURT. There were about 100 barges altogether—it would not be possible to put the bags there without the prisoner's knowledge, not even if he was in the cabin asleep, because it would make a motion on the boat, which was very small.

ALBERT NEWSON (Policeman). I am the dock constable—on 7th September I was railed to the prisoner's canal boat, and saw two bags of linseed in the hold, partly covered with tarpaulin—I told the prisoner I should charge him with unlawful possession—he asked to-see his wife and children—I took him to the station.

CHARLES HUNT (Policeman). I found the prisoner detained and told him I should take him for stealing two bags—he said "I know nothing about the bags being on my boat; two men came to me the night previous and asked me if I wanted two bags of linseed; I said I had no money"—I took him in custody.

JOSEPH REYNOLDS (Re-examined). I saw the bags safe about 7 p.m., and missed them between 10 and 11 o'clock—two canal boats were lying together, not at the side of my barge, there was one barge between—my barge was not alongside the prisoner's, there was about 16 feet between them, the width of the one barge, you would walk over—the prisoner's barge was not there at 7 o'clock—I do not know when it came there.

Prisoner's Defence. Between 9 and 10 o'clock I was coming up with a tug, and got to the dock gate about 7 or 7.30—I then laid down on the bed, as I had to get up in the middle of the night to go through the lock; when I had been lying there an hour and a half I heard a rap, and said "What is up?"—some one said "Can you do with a couple of bags of stuff?" I said "What stuff? I don't want any stuff, in fact I have not got any money." He walked off muttering, and I went to sleep, and next morning the searcher came and said "What have you got in the boat?" I said "She is empty, we have got only a bit of horse corn and a truss of hay." He went away and came back and searched and found these two bags of stuff under the deck loft; how they came there is unknown to me.

NOT GUILTY .

OLD COURT.—Saturday, September 15th 1883.

Befor Mr. Justice Day.

Reference Number: t18830910-830

830. SAMUEL MAHONEY (23) , Robbery with violence on George Mizen, and stealing a watch and chain.

MR. GEOFFREY ST. AUBYN Prosecuted. MR. WARBCRTON Defended.

GEORGE MIZEN . I am a carpenter, and live at 7, Madras Place, Holloway—on the night of 31st July I was in the Hackney Road—as I was turning the bend of the road the prisoner gave me a violent push in front of me and grasped my watch and chain—I went to lay hold of him and he threw me violently down and injured my legs and ribs—I was led to the station and I identified the prisoner there at once the same night—it was dark at the time this occurred—I was laid up for five weeks, and in my bed five days—it was later than 9 o'clock when I was attacked, and it was about 10.30 when I identified him—I have not seen my watch and chain since.

Cross-examined. It was later than 9 o'clock when I was robbed—before the Magistrate they said "About 9 o'clock"—there was a mistake in the time, and I told the clerk so when lie read the deposition over—it was 10.30 as near as I can say—this was just in the bend of the Hackney Road; there were a good many people about—I was just going by the train—I had been on my own business; I had not been in any public-house—I was just going to have a glass, but I was attacked and did not get it—I was very much flurried by the affair, and all of a shake—the prisoner came up in front of me quickly, gave me a voilent push, and grasped at my watch and chain—he got away with it after he threw me down—I saw him at the station about 10 minutes afterwards—he stood there along with some more people—I do not know who they were.

Re-examined. I have no doubt whatever as to his identity—I had a good opportunity of observing his features; he came right in front of me.

GEORGE CANNON (Policeman H 250). About H o'clock on the night of 31st July I was in Shoreditch and saw the prisoner running past me down High Street—at the same time a gentleman tapped me on the shoulder and said something to me—I followed and stopped him, and told him I should take him in custody for knocking a man down in the Hackney Road and robbing him—he said "You make a mistake; I have not been in the Hackney Road to-night"—I took him to the station—as soon as I got there the prosecutor was led in by two constables, and as soon as he saw the prisoner he said "That is the man that robbed me"—the prisoner denied it—he said he had not seen the prosecutor at all.

Cross-examined. I searched him—no property was found on him.

GUILTY . He also PLEADED GUILTY to a conviction at Westminster on 9th July, 1877.**— Five Years' Penal Servitude and Twenty five Lashes with the Cat.

Reference Number: t18830910-831

831. ANDREW DAHLE (32) , Feloniously, wounding Edward Doran, with intent to do grievous bodily harm.

MR. HOFFMEISTER Prosecuted; MR. GRAIN Defended.

EDWARD DORAN . I am a sailor—I live at 6, North East Passage, St. George's-in-the-East—on Saturday night, 21st July, I was drinking with a man named Shouldham, the prisoner, another man, and a girl named

Ellen, in a public-house—I left on the stroke of 12 o'clock and went to Mrs. Shouldham's house with a shipmate—I was there about half an hour lying on the sofa—the prisoner and Nelly were upstairs—he came down and had some talk with Mrs. Shouldham—he then went upstairs again—he came down and bade me good-night—I said "You had better have a drop of beer"—he said "No, I don't care about it; good-night, happy dreams," and went out—in about three or four minutes he came back and said "I will fix some of you in the house"—Mrs. Shouldham stood at the door, and he got hold of her by the hair of her head and hauled her out into the court, and began kicking her—she screamed "Murder" three or four times—I went to the door and said "Do you mean to kill the woman altogether?"—I was going to pick her up when he caught hold of my shoulder and said "You b—, I will kill you," and he put a dagger into my guts—I saw something shining, and he held a knife in his hand as he ran down the court—this was a little after 1 o'clock, as near as I could judge—I walked to the hospital—I sang out that I was stabbed, and they put an apron, round my guts, and I was there 13 days.

Cross-examined. I was at sea about two months and a half ago—it is a sailors' boarding-house where I live; it was a brothel where this happened—I was benighted, and I wanted to hare a talk with my shipmate, who was going away at 5 o'clock in the morning—we had a gallon of beer on the table—we were not drunk—I had seen the prisoner the day before and the same night, and we were very good friends—he was as sober as I am now—I did not have a row with some sailors in the court after the prisoner left the house; I had no row with any one—the Sailors' Home in Well Street is not a quarter of a mile from this house—I don't know what time it closes—I did sot know that the prisoner lived there—I am quite sure he was at this house about 1 o'clock or a little after—he speaks very good English for a foreigner—I did not ask him to stop that night with Nelly—I heard them talking upstairs; I did not hear what they said—Nelly is not here—I did not demand the prisoner's watch as he was leaving—I did not stand up and try to stop him—no one put their back to the door to prevent him from going—I did not hear him say "I am not going to stop to-night; I want to go to the Sailors' Home in time"—all I heard him say was "Good-night" when he wanted to go out—I did not hear any one shout after him.

JULIA SHOULDHAM . I live at 3, Bed Lion Court, and am the wife of Charles Shouldham, a steward—on Saturday night, 21st July, I was in a public-house with the others—the prisoner came home to my house with Nelly, who lives there—the prosecutor came in afterwards—Nelly called me upstairs and said in the prisoner's presence "He says he has not got any money; I want him to leave his watch, and he is not willing to leave it"—he said "No, I would rather go home than leave my watch, where I have my money; I will come to you again"—I said "You had better arrange it between yourselves," and I came down and left them together—about two or three minutes afterwards the prisoner came downstairs—the prosecutor was lying on a chair dozing—the prisoner said "I am going home; good-night"—he went out and had got about half-way down the court, when he returned and knocked at the door—I said "Who's that?"—he said "Me"—I thought he had changed his mind and was going to stay—I opened the door, and he seized me by the hair of my head and said "If it had not been for you I might have stayed"—I said it was

nothing at all to do with me—he gave me a blow and sent me against a tank in the court, and up with his foot and kicked me—I cried out "Murder"—it was very dark in the court, and was raining very hard—I sang out "Nelly, I shall be murdered"—she ran downstairs, and the prosecutor came out and said "Are you going to murder the woman?"—the prisoner said "I will fix some of you"—the prosecutor turned round momently and said "Oh, I am stabbed!" and reeled against the wall—the prisoner ran away—the prosecutor was taken to the hospital.

Cross-examined. It was before he stabbed the prosecutor that he said "I will fix some of you"—he pulled me out into the court by the hair of my head—there was no other row after this—nobody came to the house and complained of having been robbed there—there was no man in the house behind a screen; there was a boatswain, a mate of the prosecutor, who was going away in the morning—he was asleep in the back room ground floor—there were four of us came from the public-house together—a man named Bell was one—he lives at the Sailors' Home; he left about 10 minutes after we came home; he has gone to sea, and the boatswain also—my husband is at sea; I only keep this one girl, Nelly, in the house—I have never had any complaints made about my house or had any rows there.

JAMES SANDFORD (Policeman HR 2). I apprehended the prisoner about half-past 9 on the morning of 22nd July, at the Sailors' Home—I told him I should take him into custody on suspicion of stabbing a man in Red Lion Court during the night; he said "I know nothing about stabbing a man, it is something new to me, but I was there"—I took him to the station, and went and brought the last witness—he heard her statement and said "A part of it is true"—I subsequently searched his bunk at the Sailors' Home and found this knife in it—the Sailors' Home closes about half past 12 as a rule, but sailors can get in at any time by knocking at the door—there is a night watchman—the prisoner spoke to me in English.

Cross-examined. This was the only knife I found, it is perfectly new, it was in a small box in the chest, full of needles, cottons, and such like—I searched him but found nothing on him—he was apparently preparing to go to sea—the girl Nelly was not examined at the station.

ARTHUR LIPSCOMB . On 22nd July I was house-surgeon at the London Hospital when the prosecutor was admitted some time after half past 1—he was suffering from a punctured wound in the abdomen about half an inch to an inch long—it was rather deep, through the abdominal walls—I did not probe it—any sharp instrument would have caused it—this knife might have done it; it was a serious wound—there was a hole in his shirt—he has quite recovered, nothing serious will result from it.

Cross-examined. I cannot discover any stains of blood upon this knife—that would not necessarily follow—I saw no hole in the trousers—I did not look for it.

The prisoner, being permitted to make his own statement to the Jury, alleged that he was prevented from leaving the house and was assaulted both by the prosecutor and the witness, and that he pushed the prosecutor away but denied using any knife or returning to the house.

THOMAS SMITH . I am door-keeper at the Sailors' Home—the prisoner was lodging there. On Saturday night, 21st July, he came in from, 12 to half past.

GUILTY of unlawfully wounding. Eighteen Months' Hard Labour.

Reference Number: t18830910-832

832. WILLIAM BENNETT (22) , Robbery with violence on Emily Moyse and stealing a locket.

MR. GEOFFREY ST. AUBYN Prosecuted. MR. WARBURTON Defended.

EMILY MOYSE . I live at 6, Morton Terrace, Pimlico—I am an unfortunate—about half past 12 or 20 minutes to 1 on the morning of 25th August, I was in Hinton Street, Pimlico—the prisoner met me—he did not speak—he took me by the throat and threw me violently to the ground, and kicked me in the side of the head—I had on a locket and chain, and when some gentleman came across from the lavatory and picked me up I had not got it—the gentleman ran after him—I ran also, but a young man caught him first; I pointed him out to a policeman—I saw him again at the station and identified him—I am positive he is the man—this is my locket and chain.

Cross-examined.—I have lived at 6, Morton Terrace, about two months—this occurred about half past 12 or 25 minutes to I—I know the time because I looked at the clock as I was passing—I had been out for a walk—I had been in a public-house but had no refreshment—I had not been at the bar of the Victoria Station—I had never seen the prisoner before—I had not been dancing with a man in the street, I was swinging round with a female friend some time before this happened—I was not intoxicated—I have not seen the gentleman since who came out of the lavatory, he looked like a coachman—the gas light was bad—I cannot say where the prisoner came from—he came on me quite suddenly, took me by the throat, and threw me down on my back.

Re-examined. I only had one swing round with my friend, and we both fell—I did not hurt myself—the light was strong enough for me to see the prisoner running away—I saw his face before he struck me.

HENRY SAUNDERS (Policeman BR 28). On the morning of 25th August I was standing in Wilton Road near the church—I heard screams of "Police"—I went towards the spot—the prosecutrix said "That man has stolen my locket and chain," pointing to the prisoner, who was walking away as fast as he could for some distance—he then commenced to run, I went after him and brought him back to the prosecutrix—I said "What is your locket and chain worth?"—she said 3s.—I told the prisoner he must come to the station, and I called another constable to assist me—there was a man there who looked like a cab-driver going from his work—he said, in the prisoner's presence, "I saw that man knock the woman down, he is a scoundrel"—I asked him to come to the station, but he did not—the prisoner went quietly till we got to Gillingham Street, which was about 100 yards from the spot—he seemed very anxious to get his hand in his pocket—I thought he was going to throw something away—I held his arm, and he had got this open knife, and in the struggle to get it away he cut his finger—after I got it away from him he tried to kick me, and we had to carry him face downwards to the station—the chain was afterwards handed over to me by the inspector, and the locket by St. Clare—at the station the prisoner said "I don't mind doing three months for this."

EDWARD BYRNE (Policeman B 381). I assisted Saunders in taking the prisoner to the station—he went quietly till we got to Gillingham Street—he put his hand in his right-hand pocket—Saunders pulled his hand out, and I got the knife away—this is it.

THOMAS RANDALL . I am a hair-dresser, of 41, Morton Terrace,

Pimlico—on Saturday morning, 25th August, I was in Hinton Street walking home, and picked up this chain on the footpath—I gave it to the constable—it was about 40 or 50 yards from a urinal, on the opposite side—I have since pointed out to the constable where I found it—it was in the opposite direction in which the prisoner is said to have ran.

HENRY SAUNDERS (Re-examined). The place Randall pointed out to me was about 12 or 14 yards on the opposite side of the way to the urinal—the person who committed the robbery could have thrown it there.

The prisoner received a good character GUILTY .— Six Months' Hard Labour.

Reference Number: t18830910-833

833. EDWARD ROSE JELLYMAN (27) , Robbery with violence on John Halford, and stealing 1l.

MR. WARBURTON Prosecuted.

JOHN HALFORD . I am a labourer, and live in a cottage in the parish of Ickenham, near Hayes—on 23rd December, 1878, about 5 o'clock, I was going home from my work, crossing Mr. Mills's grounds by a cover—I heard something in the cover—I walked along one side of it and looked down—I could not see anybody—I turned back and met three men, Miller, Kitson, and the prisoner—they were getting over the stile into the cover—I said "What are you chaps here after? you had better go away"—they began swearing, and said "What have you to do with it? we will corpse you," and they knocked me down and began kicking me—Miller said "Have you got any bleeding money about you? because we mean to have it"—I said "I have a sovereign," and I gave it to them—Jellyman said "Let us corpse him; let us make a corpse of him, now we have the chance," and he kicked me between my legs as I laid on my. back in the snow—they kicked me, and I have the scar now across the eye and across the mouth, but the worst one was behind the ear—I laid senseless for five or ten minutes—I then got up, and crept across home very lame and very sore—I went to my neighbour, the under-game-keeper, and asked him to go to Mr. Gould's with me—I had a fork under my arm at the time this occurred, and they broke the fork and tore my cap up—Kitson had on a black mask or had his face blacked, I can't say which—Mr. Gould gave me some brandy and took me to the station, and from there to the doctor's—I had not seen the three men together that day—I had seen them together before lots of times—my hand is still weak from the effects of this; I cannot lift anything heavy—I was in bed from the Wednesday to the Friday, and under medical attendance for about a fortnight—I was present when Miller and Kitson were tried—I know the prisoner to be the third man—I knew him before—he lived at Southall, about a mile and a half off—the men were sober—I never saw my sovereign again—I gave it to Miller—the three men were together when it was taken from me.

Cross-examined by the Prisoner. I had seen you that winter—I don't know where you were living—Southall is your native place—I was by myself when this assault took place—I never told a policeman that I could not identify you—I said nothing that night about any one but Miller—I was so knocked about I hardly had my senses—I said when Kitson and Miller had their trial that you tried to kick me between my

legs—I did not hare you arrested at once, because the gamekeeper said he would take out a warrant for you—I was not able—you kept out of the way of the warrant.

HENRY TRUSSLER . I am assistant gamekeeper to Sir Charles Mils—on the evening of 23rd; December, 1878, between 5 and 6 o'clock, Halford came to my cottage; he was smothered with blood and bleeding from a wound behind his left ear; he had no hat, I lent him one of mine—I went with him to Mr. Gould, the head keeper; he felt faint—Mr. Gould gave him a drop of brandy—I went with him to the station, and afterwards to the doctor's—next morning I went to the plantations; the snow was all beaten down, and blood all about—I got on the track of the footsteps of three men and a dog—I traced them about 500 or 600 yards away from the cover, and then I got on some going back to the cover—I found a fork broken in the handle, a big knobbed stick, and a cap torn all to pieces; there was blood on the fork handle and on the iron—I had seen the prisoner once before, I saw him at Axbridge.

Cross-examined. I have heard others call you Jellyman.

EDWARD GOULD . I am gamekeeper to Sir Charles Mills—on the night of 23rd December, 1878, Halford came to my house about 6 o'clock, or a little after, with the last witness—I could see that he had been knocked about very much, I could hardly recognise him, his face was covered with blood—I gave him some brandy—on 26th December I went to the spot indicated by Halford, and saw traces of a struggle.

JAMES WEEKS (Policeman R 151). In December, 1878, I was stationed at Haves—at 11 o'clock on the morning of 23rd December I was on duty at Yedding Lane—I saw the prisoner in company with the other two who were convicted—Miller had a short stick, and they had a very large lurcher dog—I saw them go into the Industry public-house together—I had known the prisoner two years previous.

Cross-examined. I don't know where you were living—I was in the habit of meeting you in company of a gang of poachers as often as six times a week—I interfered with you once on Mr. Taylor's farm; there were about 12 of you.

CHRISTOPHER ROUSE . I am landlord of the Industry public-house, at Yedding Lane—Miller lodged with me—on 23rd December, 1878. the prisoner, Miller, and Kitson, came into my house about half-past 5 o'clock in the evening—they stayed about half an hour, and then went away—they had some tobacco and beer.

ELIZABETH JOLLY . I am the wife of Thomas Jolly, who keeps the Willow Tree at Yedding—on 23rd December, 1878, the prisoner, Miller, and Kitson, came into my house together about 8 o'clock, or a little after.

Prisoner. Quite true; I was along with them at that time.

JOSEPH MORBY (Policeman X 114). On the evening of 23rd December I went into the Willow Tree public-house at half-past 8 o'clock and saw the prisoner there—I apprehended Miller—I was present here on 12th February, 1879, when the other two were convicted—I did not apprehend the others—the man was so knocked about that we could not rely upon his evidence at. the time; we could only get out of him that Miller had his sovereign—Mr. Gould decided to apply for warrants for the other two—warrants were applied for for Miller and Jellyman on 6th January, as soon as the prosecutor could be taken to Uxbridge in a cart.

Cross-examined. Miller was outside when I apprehended him; he was

speaking to a young woman—I did not call him outside—Halford did not tell me he could not identify you.

By the Court. I was not able to execute the warrant against the prisoner—I never saw him since till he was released from prison.

JOHN MOWER (Police Sergeant X 31). On the morning of 5th September this year I went to Wandsworth prison—I there saw the prisoner—I asked him if his name was Jellyman—he said his name was Rose Jellyman—I read the warrant to him—he said "I know nothing about it"—on the way from the prison to the railway station in a cab he said "How long is it since this job happened?"—I said "On 23rd December, 1878"—he said "I have been away eight years."

The prisoner in his defence stated that he met the other men after the alleged robbery, and went with them to various places, but denied being present at the assault or being a party to the robbery; that since then he had been at work in Kent, and on returning home he was apprehended for being drunk, and was then charged with this offence.

GUILTY .— Seven Years' Penal Servitude and Twenty-five lashes with the eat.

The officers stated that the prisoner was connected with a notorious gang of poachers.

NEW COURT.—Saturday, September 15th, 1883.

Before Mr. Common Serjeant.

Reference Number: t18830910-834

834. EDWARD LANE (19) and ALFRED ROLFE (21) , Robbery with violence on Henry Gentry and stealing a watch and chain his property.

MR. TICKELL Prosecuted; MR. BLACKWELL appeared for Lane, and

MR. KEITH FRITH for Rolfe.

HENRY GENTRY . I am a builder—on 14th August, about 11.30 p.m., I was in Endell Street, and just as I passed Short's Gardens I was attacked by five fellows and robbed of my silver watch and gold chain—I ran after them, and Rolfe attacked me and knocked me down with his fist by a severe blow on my face and another on my shoulder—I bled very much, and my coat was smothered—when I got up they had all gone—I went to the station and gave information—I do not recognise Lane—only one hit me—a signal was given by some one—only one man robbed me; the other followed me when I was following the thief.

Cross-examined by MR. FRITH. This was done very quickly—I was knocked down from behind, and rendered senseless for a moment—I have said, "It appeared to me to be Rolfe"—I cannot say positively, I had so little time to recognise him—the man who robbed me did not strike me first—my watch and chain were safe when I arrived in Endell Street—I was quite sober.

JAMES CLEMENTS . I am a harness-maker—on the night of 14th August. I was near Short's Gardens and saw four men together—I followed them from the top of Endell Street to the corner of Short's Gardens—the prisoners are two or them—one of them shouted out "Pats;" that is Patsey Barry, the little boy who took the watch and chain, and the whole four ran away—Mr. Gentry ran after them shouting "Stop thief"—the whole four surrounded him, and Rolfe knocked him down; I swear that—Lane stood at the opposite corner; I am sure of him, I knew him by sight.

Cross-examined by MR. FRITH. I know Sergeant Gregory only just by going to the station—I have been there twice to see him, but not about this case—they call me a policeman's nark, that is a person who gets paid by the police for giving information—I have not been promised anything in this case, but Mr. Gregory gave me 6d. once to get a glass of ale; I have drank twice with him at the Rose during this cage, he stood the drink—I was employed at the Graphic office, but got discharged through going to the police-court in this case; I had worked there eight weeks—I was only six yards away when Rolfe knocked Mr. Gentry down—it is not a well-lighted neighbourhood—I know a lad named Garretty; I have not said to him that those four men did not belong to the four men at all, and that I had made a mistake.

Cross-examined by. MR. BLACKWELL. Lane did not snatch my watch—I was not as close to Mr. Gentry as they were; I was about six yards from him when they knocked him down—the four surrounded him when he was struck, but one man knocked him down—Lane stood at the opposite corner while he was robbed, but they all ran together—they did not surround him till after he was robbed.

ALBERT GREGORY (Police Sergeant) On 21st August, about 9.30, I went to 4, Granby Place, and saw Lane—I told him I should take him for being concerned with others in stealing a watch and chain in Endell Street on the night of the 14th—he said, "Who told you so? somebody must have put me away"—I did not answer, but took him to Bow Street—I went with Brown to Emperor's Chambers, Seven Dials, and arrested Rolfe—I then placed the prisoners with a number of others at the station, and Clements picked them out—Gentry pointed to Rolfe, and said that he believed he was the man.

Cross-examined by MR. FRITH. The first time I ever saw Clements was when he came to the station in connection with the robbery—I may have given him 6d. when he was out with me, and I gave him a glass of beer during the Session—I put the prisoners with men of the same description taken at random from the street.

Cross-examined by MR. BLACKWELL. I cannot say that any of them had pale blue neckties.

Rolfe's Statement before the Magistrate. "Clements says where I hit the man was near Rochester Road; I do not know any Rochester Road near there."

Witnesses for Rolfe.

CHRISTOPHER GARRETTY . I am a printer, of 4, St. Andrew Street—I was with Clements on the night in question—he has not made any statement to me about the four men—I know the four men who were at the robbery; two of them are now in prison; the prisoners are not two of them; one is doing four months; one's name is Barry, and the other, they call Vinegar—I saw Gregory once with Clements—Gregory has not offered me any money in this case.

Cross-examined. I have not known the two men long who are in prison, and only by getting my living on the Dials—I don't know who the other two men were—I was saying good-night to Clements; we saw the gentleman robbed, and saw them run down Short's Gardens and strike the gentleman as they ran after him—I did not go to Bow Street as a witness, or to see Gregory—I did not tell Gregory that Rolfe and Lane were two of the men who robbed the gentleman; I swear that—I told

Gregory it was the two white ones, that is Barry and the other, and Barry and Vinegar told us of the crime next day, and asked me not to go against them, as it did not concern me, and I said that I would mind my own business—I do not think they do any employment, only thieve—I know them; I do not know the prisoners.

Re-examined. I know them by sight—I did not shake hands with Clements when I said good-bye.

ALBERT GREGORY (Re-examined). On the day after the robbery Garretty gave me the names of the two prisoners and Patsy Barry and Vinegar and said that he knew them well, and would assist to find them.

Cross-examined. Clements was present.

CHRISTOPHER GABBETTY (Re-examined). No, I did not say that.

LANE— GUILTY .— Eighteen Months' Hard Labour. ROLFE— GUILTY **. He then PLEADED GUILTY to a conviction of felony at this Court in January, 1882, of assault with intent to rob.— Five Years' Penal Servitude and Twenty Strokes with the Cat.

There was another indictment against each prisoner.

Reference Number: t18830910-835

835. ROBERT KING (21) , Burglarisusly breaking and entering the dwelling-house of Maurice Symonds, with intent to steal.

MR. RAVEN Prosecuted.

MAURICE SYMONDS . I am a tobacconist, of 216, Pentonville Road—on 20th August I went to bed about 12.30 a.m.—the shop window and door were then secure—about 3.30 I was awakened by two constables ringing the bell, and found a piece six inches long and three inches broad broken out of the plate-glass window—the hole was large enough to put a hand through—I do not think I lost anything, but there was a glass shelf dose to the hole with silver-mounted pipes on it—the window does not open.

JAMES TRUDGETT (Police Sergeant G). About 2 o'clock on this Sunday morning I was about 150 yards from Mr. Symonds's shop, and saw five or six men on the footway—as I went towards them they ran away—I examined the doors and shutters of the shops, and noticed a crack in the window of No. 216, close to where the men had been standing—I concealed myself for half an hour in the gardens opposite till the man on the beat returned, and gave him instructions—I was at the station when the prisoner was brought in.

Cross-examined by this Prisoner. It was hardly 2.30 when the constable came round—I never saw you till you were at the station at a little after 3—it was not so late as 3.30; the prosecutor said that it was, but he was called alter you were taken to the station.

ROBERT TYSON (Policeman G 83). I saw the sergeant first about 2.30, went with him to the shop window, and saw a crack in it—I concealed myself in a garden about 20 yards off, and he left—an electric light shone both, ways—I waited three-quarters of an hour, and saw four men walk up from King's Cross and stand against a public-house seven or eight minutes whistling—they went to the comer of Winchester Street, returned again, and stopped at North Street—the prisoner then came out of Winchester Street, walked up to the window of 216, and commenced to work, apparently with a jemmy—I could see his arms moving, and heard glass cracking—a cab then passed, and he stopped and then commenced again—I walked out, and just before I got to him I heard this piece of

glass fall (produced)—he turned, saw me, and ran away—I ran after him, and he threw this Jemmy at me—he was then 10 or 12 yards from me—I caught him, and told him the charge; he said "I have just come from work at the gas factory; I have done nothing"—some one picked up the jemmy, and gave it to me—I took him to the station, and found this cap in his pocket and a knife, a pawnticket, and a key.

Cross-examined. I went into the garden at 2.30, and first saw the men at 3.15—I chased you 150 yards—there were three turnings—a man came up in his shirtsleeves and gave me my truncheon and your jemmy—I sprang my rattle when you struck me with your fist.

Prisoner's Defence. On 18th August I went to King's Cross Gasworks, but was the worse for liquor and did not work. I went to sleep in the lobby. I afterwards went out into Winchester Street, and the constable came up and struck me on my eye, and another constable came up on my left. A man came up with this instrument, and I was charged with committing a burglary, and this piece of glass was produced at the station. The man must be known who picked up the jemmy. I had to lay my head on the bar at the station from the blow the constable gave me. I wish to know how that piece of glass came to the station.

ROBERT TYSON (Re-examined). The glass was brought to the station by the constable who called the prosecutor up.

GUILTY . He then PLEADED GUILTY** to a conviction at Clerkenwell in February, 1882, in the name of Robert Day.— Five Years Penal Servitude.

Reference Number: t18830910-836

836. WILLIAM CECIL (24) , Burglary in the dwelling-house of Henry Bannister, and stealing a coat, a waistcoat, and a piece of shirting, his property.

MR. HICKS Prosecuted,

HENRY BANISTER . I am a shoe-maker of 417, Bethnal Green Road—on Tuesday evening, September 29th, I shut up the house and went to bed—I got up in the morning at 6.45 and found the drawers in the parlour open and a lot of things thrown about the place—I missed a suit of my son's clothes and about a yard and a half of shirting, value about 2l.—a pane of glass was broken in the back window, the sash thrown up, and a stick placed to keep it up—a bundle was lying at the bottom of the yard which someone must have dropped in getting over the fence to my neighbour's yard—I have seen the prisoner standing about the corners for two or three weeks—I got home a little after 12 o'clock and had supper and went to bed about 1.45—I had been attending a Foresters Court.

JAMES GOODEY . I am a confectioner of 413, Bethnal Green Road, next door but one to the prosecutor—on 29th August, about 5.15, I went into my back yard and heard some one move in the next yard—the railing is about six feet high—I stood still and listened; and presently the prisoner mounted the dust bin—I was then two yards from his face and recognised him in a moment—it was the prisoner—I knew him by his standing about, but did not know his name or occupation—I said "Halloa, what is up?" and his head was down in a moment and he was off—I got a little ladder and saw his back going over the hen roost of the next house and over a stable into the rope ground from where he could get into the street—I then lost sight of him—he passed my house the next morning with three others, and I went to the station and gave a

description of him—I afterwards went there again and picked him out from about 10 others—I have no doubt about him.

WILLIAM WALLER (Police Sergeant K). I received information and a description of the man Goodey had seen, in consequence of which I took the prisoner on September 1st about 1 p.m. in Bethnal Green Road—I said "I am going to take you in custody for breaking into Mr. Bannister's house on Wednesday morning"—he said "Yes," and stopped a second and then said "I know nothing about it"—I took him to the station, placed him with a number of young men, and he was identified—on 8th September Elizabeth Weller came to the police-court and gave evidence.

The Prisoner's Statement before the Magistrate. "I was at home and in bed."

Witness for the Defence.

ELIZABETH WELLER . I am married, and live at 32, Swinford Street, Bethnal Green—the prisoner lodged with me—he came home on 28th August at 11 o'clock and went to bed with his wife; and on the 29th he was at home till 3 p.m. papering a back room of mine, for two or three hours, after which he was messing about the yard till 3 o'clock, when he went out.

Cross-examined. His wife is not my sister—I have two other lodgers—there are about eight persons in the house—the street door opens with a bit of string, but it was fastened up before we went to bed, just before 12 o'clock—I got up about 6 o'clock next morning.

By the COURT. The prisoner's room adjoins mine—I was not awake all night, but I am sure he did not go out because he was in bed when I got up at 6 o'clock—he has been my lodger for four years—he has been employed at a glass blower's some time—he never took any drink.

Prisoner's Defence. I worked at the glass blower's on and off for 12 years. My wages came to more than my employer reckoned them. He would not pay me and would not let me go back to work.

GUILTY. Recommended to mercy by the Jury. Six Months' Hard Labour.

OLD COURT.—Monday, September 17th, 1883.

Before Mr. Justice Day.

Reference Number: t18830910-837

837. LOUIS LEWIS was indicted for wilful and corrupt perjury.

MESSRS. MONTAGU WILLIAMS and GRAIN Prosecuted; MESSRS. KEITH FRITH and BROUN Defended.

ERNEST AUGUSTUS HITCHIN . I am clerk at the Lambeth County Court—I produce the certificate of Mr. Pritchard, the Registrar of the Court, showing that the action of "Lewis v. Frederick Richmond" was tried before Mr. Pitt Taylor on 7th June, 1883—I also produce the original writ in the action—it was a remitted case from the High Court—I produce all the papers—there was a verdict for the defendant.

Cross-examined. I was not present.

WALTER HENDERSON . I am a shorthand writer—I was at the Lambeth County Court on 7th June when the action of Lewis v. Richmond was tried—at a certain portion of the proceedings I was instructed to take a shorthand note of what was said by the then plaintiff, the present defendant—I have my original notes here—I made a transcript of them—this (produced) is a correct transcript of what I took.

WILLIAM STRICKLAND ELWOOD . I am an accountant, of 52. Queen Victoria Street—I was the auditor of this company—there was a cash-book kept by a clerk under the prisoner's direction—the prisoner attended at the weekly meetings—all cheques were countersigned by him or they would not be paid—this cheque for 271l. 6s. was drawn for dividends on Mr. Richmond's shares—it has never been paid—I was not present when that cheque was given to Mr. Richmond; cheques were sent by post—I was present when they were ordered to be drawn; nothing that I recollect was said by him or to him at the time—I have many times heard Mr. Richmond ask Lewis to pay it or provide for it, and Lewis answered that he must wait until certain matters were settled, referring to one large matter on hand, Tagg's, he must wait till that matter was settled to find funds for it, implying that he must hold it over—I should think I heard the payment of this cheque demanded twenty or thirty times in the course of twelve months; not always at the meetings; about half that number of times, when other gentlemen were present—this cheque for 112l. 2s. 6d. is countersigned by the prisoner—that was given to Mr. Richmond in payment of preliminary expenses in lieu of 150l. to which he was entitled—there is an entry in the cash-book and pass-book of this cheque having been paid—this entry at folio 6 in the cash-book is the clerk's writing; that is a book that was kept under the prisoner's supervision—I find an entry of 112l. 2s. 6d. for preliminary expenses—I don't think there is any entry of the prisoner's in this book—no cheque was drawn for 150l. to my knowledge—at the time the cheque was handed I heard nothing about any sum of money being given to the prisoner out of any cheque for preliminary expenses—I was present at Lambeth County Court when the trial came on; I saw the prisoner duly sworn and heard him give his evidence—I heard him say that Mr. Richmond had received 150l. by cheque for preliminary expenses; I believe he said that he handed him the cheque, and he said that Mr. Richmond had promised him part of the same, a proportion of it—I did not hear him say anything else about that cheque that I know of—I was not present when the cheque was given—I was present when it was ordered to be drawn, but not when it was actually handed—the prisoner was present when it was ordered to be drawn, and it was explained at the time that Mr. Richmond having had funds coming in to form the company, and not wishing to make a profit out of it, was willing to take the actual sum he had advanced for disbursements—the prisoner was present at the time and he countersigned the cheque—I heard the prisoner swear that he was entitled to a matter of 21l. odd—the date of the 112l. cheque is 7th February, 1881.

FREDERICK PEGLER RICHMOND . I am a publican, in Blackmail Street, Borough—in the year 1875 I became acquainted with the prisoner—from time to time I advanced him sums of money, and a money-lending business was carried on in the Blackfriars Road, and it passed into the hands of Mr. Dewsbury, and subsequently it came into my hands for the money I had paid—in November, 1879, it was formed into a company—I was the defendant in an action brought by the prisoner before Mr. Pitt Taylor at the Lambeth County Court—I advanced 112l. 2s. 6d. for the preliminary expenses of the Company—it is not true that I ever received a cheque for 150l. in respect of that—the cheque for 112l. produced is what I did receive—I heard the prisoner swear before the Judge that 28l. 12s. 6d.

was the difference between 112l. and 150l., the alleged amount of the cheque given to me; and he claimed that 28l. 12s. 6d. in the action—112l. was all I had, and I waited twelve months for that—he was present, and drew that cheque—there was no discussion at the time as to the 150l.—I never promised him any portion of the preliminary expenses—I was entitled to 271l. 4s. 5d. as dividend—it is not true that I had promised the prisoner certain shares out of the shares of which that was the dividend—I gave him 120l. worth of shares—I suppose the dividend on those shares would amount to about 21l. if I had received the whole 271l. 4s. 5d.—I was going to pay in the cheque, and he asked me to hold it over, as he expected two or three heavy payments in shortly—I said I would do so—at every meeting after that I mentioned the cheque to him, and its not being paid—we met every Wednesday—he replied that he expected those payments, Tagg's for one, every day, and asked me to hold it over from time to time—I was never paid—Mr. Pierpoint, Mr. Messent, and several of the directors were present when he asked me to hold it over.

Cross-examined. Mr. Pierpoint would be present; no one else—the others very seldom attended—Mr. Elwood might have been there; I don't remember—I am sure it was in 1881—Mr. Clark was there at times, but very seldom—I was always there—Mr. Grist was there when the 112l., cheque was drawn, and Mr. Messent—he is my brother-in-law—I said before the Magistrate "I don't say that my memory is perfect in all respects. The affairs of the Company were complicated to me"—I lost over 3,000l. over it—I never got my dividend—ihe cheque for preliminary expenses was in February—I had no other cheque for preliminary expenses—I had to sign all cheques before they could be paid—I don't know whether 4,000l. worth of cheques were honoured subsequently to this—I believe plenty of cheques were honoured; I signed them—I have no idea when this prospectus was issued, it might have been two years ago—Mr. Lewis took a great many things upon himself.

Re-examined. I told the prisoner I was going to purchase another house, and I should want the 271l. cheque paid—he said I should have it, and up to the last moment led me to suppose that it would be paid, but it never was.

SICHARD PIERPOINT , I was one of this directors of this Company—I remember the drawing of the cheque for 271l. 4s. 5d. for Mr. Richmond's dividend—the prisoner was present—when it was handed to Mr. Richmond the prisoner told him not to present it, as there were no effects, or not enough; they wanted the money to work the business—I had a cheque given to me at the same time, and he asked me to hold it ever, for the same reason—the meetings were weekly—I was pretty often there—Mr. Richmond frequently said at the meetings that he wanted the money very badly—the prisoner said there was not money enough to work the business, but he would make endeavours to let him have it—he put him off from time to time—on one occasion Mr. Richmond said he was taking another house in Blackman Street, and he wanted the money to complete the purchase, and he told the prisoner not to disappoint him, that he must let him have the money, and he said he would—I know about the 112l. cheque being given for expenses—I believe the prisoner was present—in the Articles of Association Mr. Richmond was put down as 150l. for expenses, but he said he would not take that, as so many persons were friendly with him he would only take the exact amount of

the cost, that was 112l. 2s. 6d., and a cheque for that amount was drawn and countersigned by the prisoner, and it was entered in the book as preliminary expenses—no cheque for 150l. was given to Mr. Richmond for preliminary expenses that I remember—I frequently heard the prisoner ask Mr. Richmond to hold his cheque over, week after week.

Cross-examined. This conversation must have been about the latter part of February or the beginning of March—the prisoner had left the concern before this action was brought; the Company was in liquidation—there were a few small shareholders besides myself and Mr. Richmond—the prisoner had the entire control, we had nothing much to do with it except to find the money.

JAMES MESSENT . I am a licensed victualler—I recollect the cheque for 271l. 4s. 6d. being mentioned—I heard Mr. Richmond ask the prisoner for the money—I could not say as to the date—he asked Lewis if he had got any money, and he said "No," and Mr. Pierpoint said he had come to look after his part.

Cross-examined. I am Mr. Richmond's brother-in-law—Mr. Elwood was first auditor to their liquidator.

WILLIAM STRICKLAND ELLWOOD (Re-examined). The 150l. does not appear in the audit, the 112l. does—I can't give the dates of the conversations, but in the course of 12 months it has been 20 or 30 times, and during half those times I should say other gentlemen were present—money was lent afterwards; I cannot say how much—I have as liquidator received hundreds of pounds—I am not in a position to pay Mr. Richmond; he is only one of many creditors—while I was auditor I had not the payments in my hands; Lewis did as he liked—he was discharged from the service of the Company in June, 1882—he remained in the service till the liquidation.

NOT GUILTY .

NEW COURT.—Monday, September 17th, 1883.

Before Mr. Common Serjeant.

Reference Number: t18830910-838

838. WILLIAM HERMANN PRESTON WINDUS (21) and JOHN WILLIAM CANTLE (20) PLEADED GUILTY to feloniously forging and uttering an order for the delivery of goods, with intent to defraud; also another order for the delivery of goods, with intent to defraud; also to stealing three gold pencil cases, of the Army and Navy Co-operative Society, their masters; and

Reference Number: t18830910-839

839. the said WILLIAM HERMANN PRESTON WINDUS to feloniously forging and uttering an order for the delivery of goods, with intent to defraud. [Pleaded guilty: See original trial image.]

Reference Number: t18830910-840

840. JOHN WILLIAM CANTLE, WILLIAM HERMANN PRESTON WINDUS , and HENRY GEORGE CORNELL (25) , to unlawfully obtaining from the Army and Navy Co-operative Stores three gold Albert chains and other articles. [Pleaded guilty: See original trial image.]

WINDUS also PLEADED GUILTY to unlawfully falsifying a cheque-book, the property of his employers.

Reference Number: t18830910-841

841. WILLIAM H. P. WINDUS and EDWARD AUGUSTUS MARRIOTT (22) to embezzling 2l. 8s. 4d. and other sums of the Army and Navy Co-operative Stores, their masters. [Pleaded guilty: See original trial image.]

Reference Number: t18830910-842

842. JOHN WILLIAM CANTLE and EDWARD MARRIOTT to embezzling 3l. 16s. 8d. and other sums, of their said masters. [Pleaded guilty: See original trial image.]

Reference Number: t18830910-843

843. EDWARD RYON (18) to embezzling 5s. and other sums, of the said Society, his masters. [Pleaded guilty: See original trial image.]

Reference Number: t18830910-844

844. LOUIS SENECHAL (23) to embezzling 6s. and other sums of the same society, his masters. And [Pleaded guilty: See original trial image.]

Reference Number: t18830910-845

845. LOUIS SENECHAL and WILLIAM H. P. WINDUS to embezzling 15s. 7d. and other sum of the said Society, their masters. (For sentences see end of case.) [Pleaded guilty: See original trial image.]

Reference Number: t18830910-846

846. JOHN WILLIAM CANTLE (20) was again indicated with JAMES WILLIAM MEARS (20) for embezzling the sums of 10s., 10s., and 10s., received on account of the Army and Navy Co-operative Stores, their masters, to which

CANTLE PLEADED GUILTY . (See page 556.)

MESSRS. POLAND and FULTON Prosecuted; MR. GEOGHEGAN Defended.

MARY ALICE CHEADLE . I am the wife of the Rev. J. H. Cheadle, of the Little Cloisters, Westminster—he is a customer of the Army and Navy Stores, Victoria Street—this (produced) is a bill in my own writing for groceries which I purchased on 3rd July last year, paying 18s. for—my ticket number is 46420—I went to the check-clerk, had my bill checked, and paid it to the cashier.

Cross-examined. That was in the grocery department—there are a number of check clerks there—I don't know whether they are changed from day to day—I do not identify the prisoners.

AMY SPENCER . I live at 11, Earl's Court Square, Kensington, and am cook to Mr. Collins, Q.C.—on 1st July, 1882, I attended at the grocery department of the stores to make purchases on my own account, and also for Mrs. Collins—the bill for 11s. 10d. was for goods purchased for my mistress, and the bill for 16s. 1d. was for articles which I purchased for my own personal use—I had the two bills checked by the check clerk, and paid the money to the cashier, 28s. in all—I have seen the prisoner at the stores—I don't know whether I paid him.

Cross-examined. I have often gone to the stores—I imagine there is a great deal of business done—I make my purchases and go away—sometimes when I go to the check clerk's desk I have to wait for my turn while other people's bills are being checked.

ELLEN LOVELOCK . I reside at 46 and 51, Ebury Street, Pimlico—I am a customer at the Army and Navy Stores—I use a gentleman's ticket—this bill for 15s. (produced), paid for on the 17th October, is for wood—I sent a man to order it; I was too ill—this is the bill—I don't know who made it out—on 17th October, or subsequently, I received 500 bundles of wood from the Army and Navy Stores—this is the delivery order for them (produced)—everything has to be paid for in advance—I was using the ticket of Captain Crofton, No. 22257—the butler is very ill indeed—this "T. Middlemass" is the servant girl's name who signed the bill that came with the wood.

HENRY JAMES YELDHAM . I am check cashier at the Army and Navy Co-operative Society, Limited—the prisoner Mears entered their service on 14th May, 1879—he was a cashier in the deposit office before he was a check clerk—he was changed for some reason—he was also cashier in the stationery department; and he became changed to the grocery department—he was there till he left on 15th December, 1882; that was about the time when Rhodes and others were prosecuted at the Middlesex Sessions—in July last he was what is termed check clerk—Cantle was at that time a cashier—they sit in a little box with a partition between them—the check clerks sit one on each side—each cashier has two check clerks—it is the practice for the customer to take the bill to the prisoner or one of the cashiers and have the bill checked—it is the checker's duty to see that the amounts are properly carried

out and added up—he then puts the number of the order (in this case in red ink) on the bill, and he stamps it with a stamp furnished for that purpose—I find 106 on this bill for 18s. in the prisoner's figures—I find one or two corrections of Mears was—he has corrected it to 18s.—the black stamp with which Mears was provided for that purpose is on it—it has the word "examined" on it—having examined it in that way, it was his duty to enter in red ink in his book the number of the ticket, 46,420, and the name of the customer, Cheadle; the number of the order, 106; and the amount, 18s., which he has done, but instead of entering 18s. he has entered 8s.—it was then his duty to pass it through a slit in the partition, to the cashier, and the customer had then to move a little bit and pay the cashier—it was Cantle's duty to enter in his book the number and amount of the order he received—I find in his book "106, Cheadle, 8s.," instead of 18s.—the two sitting side by side, if you can pass a bill through you can pass a memorandum through—the checker could easily communicate with the cashier—these two bills of Collins's, 16s. 1d. and 11s. 10d., are both numbered 77 as the number of the orders—the two added together would make 28s.—the figures are Mears's—he has checked these in the same way—the 77 are his figures; this is the stamp showing that he has examined these two bills—he would have to pass them through the slit in the partition in the same way, but before doing so he would enter the name of the customer and the amount—I find in book 77 the number of the ticket, 46,792, and he has entered "Collins, 18s.," instead of 28s.; and in the cash-book Cantle has entered "Collins, 18s.," so that 18s. is accounted for to the stores instead of 28s.—I find on October 17 an order for 400 or 500 bundles of wood to Mr. Crofton, 22,557; that bill has the stamp of the checker, showing that it has been examined—I find in Mear's writing in red ink the number of the ticket, 22,557, the number of the order, 129, the name of the customer, Crofton, and 5s. instead of 15s., and the cashier has entered "129, Crofton, 5s.," instead of 15s.—this little paper (produced) would not be examined by the checker; it is only the delivery note of the man who delivered the wood, and signed by the servant of Mrs. Lovelock—at this time the checker and the cashier were side by side—it was the practice to compare the cashier's book with the checker's book, and if they agreed it was supposed to be all right—it is a check on the cashier, and if he had entered a larger amount it would have been discovered at once—if the checker was an honest man, and entered truly, the cashier could not commit the fraud—it was not at that time our habit to compare the vouchers with the books—the bills were sometimes taken away by the customers—if it was a ready-money transaction the bill would be retained, not taken away by the customer—we have a different system now—these particular matters were not discovered till June this year—we received some information on the subject from some man in our employment, and then we looked through the bills—these are the three entries in which we found bills checked by Mears.

Cross-examined. The counterman would not have in his book a duplicate of the bill given to the customer—it is according to whose bill it was whether there would be a duplicate in existence; some bills are made out by our own members, and some by the countermen—the counterman would retain the bill which the customer gave him—in—in all

departments but the grocery the counterman has a book, and when an order is given he writes out the bill, tears one bill out, and gives it to the customer, and the duplicate remains with the black paper between underneath, but an exception it made in the grocery department—a customer writes his own order, and he would take it to the check clerk first, and then to the counterman to supply the goods—Mears has been in the Company's service nearly four years—we shift them about a good deal—the check clerks are only in the grocery department—Mears has been two years a check clerk in the grocery department—there are seven checkers in that department—Mears remained there all day except one hour for dinner—during that time his place would be filled by another clerk, who would not have the use of Mears's stamp; he would have a different stamp and a different coloured ink—he would not have the opportunity of communicating with Cantle—he would be out at the same time—I think that was the constant practice; I have no recollection of it being otherwise—in the grocery department, after the order was examined, the bill and the amount were entered by the counterman in his book at the end of the day—that was never used as a check, but it could have been—this bill for 18s. would be shown to the counterman, who would enter it in the book at the end of the day—we do not fine our checkers for mistakes and blunders, only for being late—it is not one of the rules that for every blunder or omission the check clerk is to be fined—if he blunders he would be called on to repay if the amount was under 2s. 6d.—Cantle kept this grocery cash-book (produced)—here is an entry of 17th October, where the total is overcast by 20s.—that is Mears's book in red ink—the average amount of bills entered by Mears in the course of the day was about 200, from 9 a.m. till 6 p.m.—we give each of our customers a book with the price of the articles, and in writing out the prices they refer to it—in addition to entering his other bills and amounts, Mears would have to check the amount put down by the customer, with six, seven, or eight persons waiting to be attended upon—he enters the number and the name of the customer, and before he does that he has to turn over and check whether the customer has put down the right price or not—I have not been through all the books—all the books in connection with Mears have not been gone through: the greater part have—I have never seen Cantle at the check clerk's desk—Mears's stamp was most likely left lying on his desk, but nobody had a right to use it, and if they did they would be seen by the shop-walker—the glass case goes round three sides, and the fourth side is wood, in which there is a slit on the right side, between the cashier and the check clerk—the door is not locked, but there is a latch—the desk had a lock and key—there was nothing to prevent Cantle coming round into the cashier's desk, but there is now—I said at the police-court that the total in the cash-book has been altered 10s.—it has been reduced that amount—it was 168l. 10s., and 10s. is crossed off and refunded to the servant of a customer—that was on the very day that this bundle of wood was booked out, so that there was an overplus of money, but I have spoken to the customer—on that day the cashier had more money in his hands than he should have had.

Re-examined. If the cashier and his checker go away during their dinner hour, there is a separate checker and a separate cashier, who bring their separate books and stamps and use a different coloured ink

—when men go away to dinner they should take care of their stamps; locks and keys are provided—the counterman who executes an order makes an entry in his books at the end of the day, and that would be a check upon the goods, so that he would know what had gone out—it was not the practice to compare the counterman's book with the checker's book, so that if the counterman put down the true amount at the time it was going on it would not have been discovered—the cashier's and checker's place opens into the room, not into the street—the checker would not go into the cashier's place or the cashier into the checker's place—a number of Mears's bills are missing, and unless we have the bill or the customer to prove the amount of it we have no means of tracing the goods—it would be impossible to tell by the counter-man's book that this particular sum of 18s. was paid to that particular check clerk, because he would not only have made up goods from one check clerk but from all.

JOHN WILLIAM CANTLE (The Prisoner). I was formerly cashier at the Army and Navy Stores, in the grocery department—Mears was one of my checkers—this bill for 18s., ticket number 46,420, after being checked by Mears would be passed back to me—it is entered 8s. in his book and mine—I believe I received 18s., I entered 8s.—I embezzled the money—if he had entered 18s. truly we should have been discovered; I should have been 10s. short at the end of the day—he entered 8s. the same as I—we had arranged it beforehand that our books should agree—we had made the arrangement to enter 8s. before it was passed through the slip—there was not a general rule to take 10s. off in every case; in this case there was—I stamped the bill as well—I have put 106 in my book to agree with the figures on the bill—these two bills in the case of Collins, 46,793, both numbered 77, have been examined by Mears and are entered in Mears's and my books 18s., that was prearranged between us to embezzle the money—Crofton, wood, No. 129, 15s., is entered "129, 5s." in my book, to make my book agree with his; that was done by pre-arrangement between us to embezzle—he used to take half the money or I used to give him half—when I could get the orders I destroyed them by arrangement with him—I knew the system of checking the books was by comparing the totals in my book with his.

Cross-examined. On each of these occasions I put 10s. in my pocket, and divided it with Mears—on 17th October I embezzled 10s.; my cash account on that day is 10s. too much; my book and Mears's agreed on that day—it was down in the grand total, and I paid in 10s. too much—I cannot say when I was first in connection with Mears as cashier—I was always in the grocery department—I was not chief cashier, Mr. Yeldham was—he was in his own office all day, close to the grocery department; he might come in at any time and ask to see the bills and our books; I don't remember his doing so—I was there about four years—I never had occasion to think he might come in at any time—Mears kept his book in his desk, and his stamp in or on his desk—I cannot say what else was in his desk—I was never inside his partition except after business hours, his books were at the chief cashier's then—there was not room for two inside—I believe Mears proposed the scheme first—I have pleaded guilty; I am not sentenced yet—I have not been asked to give evidence—I know Mr. Dutton; I have seen him three times, I think, at the House of Detention; he is solicitor to the prosecution—I have spoken to him

relative to Mr. Winter principally; he is now in custody—I have given information with regard to Marriott, not about Windus—I have given information about myself in conjunction with Windus and Cantle; I have not said anything about Mears—I don't think I mentioned Barge; I don't think Mr. Dutton mentioned Barge to me—Mr. Dutton did not say I had better make a clean breast of it—I wrote to him—my object in seeing him was to lay the facts of the case before him to see justice done to Strange, who got me into custody—Mears proposed it to me, but Strange was the means of my being prosecuted—it is believed to be Strange—it was not exactly to be avenged on Strange that I gave information—I thought I had better tell Mr. Dutton the facts of the case—he did not advise or ask me to plead guilty—when Mears passed the bills through the desk, he would knock on the side of the desk and say, "Will you have this one?"—Marriott was another check clerk on the other side of me; he was connected with mo in this swim—I have not pleaded guilty to forgery; I don't know whether three were indicted for it; I believe it was for obtaining goods by false pretences—the 5s. was handed over to Mears through the desk in the grocery department during the course of the day, not immediately—Mr. Yeldham was liable to come in at any moment—it was no part of Mears's duty to receive any money; it would be irregular for me to pass money to him, and if any one saw we should be asked to explain—I have given him change in the morning when he required it for a staff order—this occurred nearly every other day—the bills remained in Mr. Hewett, the foreman's office—he was not in the conspiracy, he is an honest man—several boys are in the department, who would call at the desks and take the bills to the foreman—if goods are sent away, the bills are put on files, and boys take them to another house and get them copied, and after that they go to the foreman—there were a lot of clerks in the other department to copy the bills; none of them are among the prisoners, nor were they in the conspiracy—those clerks' books would show the goods and the amount for some goods—I don't know that they keep a book except for some goods, but invoices were made out from the bills; I don't know that those invoices were copied—that would be done by the invoice clerk—I sometimes took 300 orders in a day—I should enter them as Mears handed them through the slit; sometimes he would call out, and sometimes hand them through—he would not call out the amount; he said, "Will you have this one?"—he would simply pass it through—in cases where the bill was not over 1l. we had fixed to abstract the 10s., and me to deduct 10s.—he either gave me the signal or we arranged it—when it was over we used to leave out the bill altogether in the majority of cases—in Mr. Collins's case, where the two bills came to over 1l., he would draw my attention to the bill and ask me, "Will you take 10s. off this bill?"—he would not speak loud, he would whisper through the slit—there was the regular queue of customers waiting—I used to enter them as they came through; sometimes one or two would accumulate—Marriott was on my right and Mears on my left—I would take bills first from Mears and then from Marriott, and during that time more would be coming to Mears, so that some time would elapse before I could attend to Marriott again.

Re-examined. I am jointly indicted with Marriott, and we have both pleaded guilty—during the day nearly all the accounts were all right, and

the books agreed—when I wanted to take 10s. a suggestion was made, "Will you have this one?"—this was the only one on this day, as far as I know, out of a large number—I did not know until I got into this box that I was going to be examined as a witness against Mears—I made a statement to Mr. Dutton about some persons in the establishment—I wrote to him, "Dear Sir,—If you will grant me an interview here I may be able to give you information which may be useful to you," and in consequence of that Mr. Dutton came and saw me—I was never asked anything about Mears—Windus and Cornell were engaged with me in a transaction at Twickenham—this occurred with the prisoner nearly every other day, not in amounts of 10s.; sometimes we left a bill out altogether, and there would be no entry in any book.

Cross-examined. I am 20—I have paid money to the cashier in excess sometimes, and at times have been short—we are then reprimanded and fined, and have to pay the money—the check clerk is not fined if my book is short, but he is fined for his own mistakes—we are fined if we are in excess—they do not give us back the amount we have got too much, it goes to the benefit of the Society—that has frequently happened.

Re-examined by MR. POLAND. I don't mix my money with other money—I might have given 10s. short to a customer.

HENRY JAMES YELDHAM (Re-examined). There was 10s. overplus on 17th October; the entry explains itself, it was refunded to a customer—the Stores keep the overplus when the clerk forfeits a gratuity—we try to find out to whom it belongs, and if it belongs to a customer we give it to him—the clerks get a gratuity of 6d. a week besides their salary if their accounts are right, and if their accounts are wrong they do not get it.

HENRY JOSEPH RHODES . I was formerly a cashier at the Army and Navy Co-operative Society—I pleaded guilty on 18th December, at the Middlesex Sessions, to embezzling money at the Stores—I was charged on the last day of November—it was for a fraud committed with the aid of a counterman—I came out of prison on 17th March—two or three nights previous to the prisoner's arrest, I saw him by the Portland Road Station—he came up and said "Is your name Rhodes? I did not know you, I scarcely recognised you again"—I said "You are the very man I am looking for; there is a warrant issued for your arrest; you had best pack up your box and get away"—he said "I have heard that Mr. Allchurch has been down to my house to make inquiries" (Mr. Allchurch is housekeeper at the Stores), "and wishing me to go as a witness against Cantle; if I am called I will do my best for him; but I am only frightened of one bill, that is only one to my knowledge that I have not destroyed"—he said he wanted to meet his brother that night, and he should hear whether any one had been for him to his house, and it they had he would take lodgings and go away; and I promised if I heard anything I would write to him—he wrote my address down from my dictation—this is it: "H. Rhodes, 57, Chepstow Street, Fitzroy Square, W.," and then he went away.

Cross-examined. I was in prison three months—since I came out I have been living with my uncle—I am out of a situation—I have never done work for or been clerk to Mr. Dutton—I was called as a witness at the police-court—I saw Mears among the prisoners when I gave evidence—I did not mention a word about him at the police-court—I

had not been asked to come forward—I think it was two months after I left prison that I went to Mr. Dutton's office—I mentioned Barge and Seneschal and Mears to him—I do not think I mentioned Cornell—to the best of my knowledge I told him what I hare told you now—Mr. Dutton-did not examine me at the police-court in Mears's case, in Barge's case he did—Mears was not in the dock at the time, he was afterwards—I never mentioned a single word about that conversation—Mears was Hot check clerk to me when I was in the Stores—I have been in the grocery department—he was my check clerk on different occasions—he was on one day only in the grocery department when I was there in Cantle's absence, who was ill—that was about the end of October or the middle; I cannot say if it was the 17th of October—I have very often had more money than I could account for—I have paid it over—the chief cashier would inquire how it was—I should forfeit my gratuity—I have conspired with Marriott, who was my check clerk—the scheme was introduced to me by Lloyd, who was convicted at the same time.

JOHN ALLCHURCH . I am housekeeper at the Stores in Victoria Street—I accompanied the police-sergeant to the prisoner's lodgings to point him out to the officer that he might be arrested—I think we first went about a month before he was arrested, which was on 9th July at 7.30—I pointed him out, and he was taken in custody—I had been watching for some days previously and had not been able to come across him.

HENRY JUPE (Police Sergeant L). I accompanied Allchurch on 9th July to the prisoner's lodgings, 63, Brierstone Road, Hatcham, and there arrested the prisoner—I had kept observation with Allchurch on the Saturday to arrest him—the 9th was a Monday—I followed him into Coldton Road and told him he would be charged with Cantle with embezzling sums—he said "I know nothing of it, I was not the cashier, I was check clerk"—we took him away in a cab—he said he was very sorry; he had just got a situation and his father was dead—this paper containing Rhodes's address, and a letter, were found on him.

Cross-examined. His father had just died—I heard he was in a good situation in a good firm in the City—he lives with his mother in a very humble way—he is there on Saturdays—I cannot say if he supports her—he is 21 I think.

HENRY JAMES YELDHAM (Re-examined). The height of the partition is about 8 or 10 inches above their heads—they could not see over by standing up.

GUILTY .— Nine Month's Hard Labour.

OLD COURT.—Tuesday, September 18th, 1883.

Before Mr. Common serjeant.

Reference Number: t18830910-847

847. JOHN EDWARD BARGE (20) , Unlawfully mutilating a certain book, and omitting certain material particulars from the said book, with intent to defraud the Army and Navy Co-operative Stores, his masters.

MESSRS. POLAND and FULTON Prosecuted; MR. GRAIN Defended.

CHARLES HENRY BARSTOW . I am manager of the Stationery Department of the Army and Navy Co-operative Society, Victoria Street—the prisoner was a counterman in that department in August and September last year, and at the same time Rhodes was employed there as cashier—

there were two cashiers at desks A and B—desk A was Dawson's desk—I do not know that a customer from the prisoner's counter would go to desk A—a member would go to the counterman and ask for the goods, they would be submitted for approval, selection would be made, and bills made out in triplicate—this (produced) is one of the books of our department, and contains 200 pages of bills in triplicate—the counterman would make out the bill—two pieces of carbon paper are inserted in the. book for the purpose of producing three impressions by the act of writing out the first first bill—the first two of each three bills are perforated, and are torn out by the counterman: the third leaf, which is not perforated, should remain in the book, and would be a record of the particular transaction with a particular customer—on each bill ought to be entered the goods sold, the number of the ticket, the name of the customer, the counterman's number and initials, and date—the foreman checks it generally, to see if the amount is correct, and puts his initials on it—the two bills torn out are given to the member, who takes them to the cashier—the large letter, A or B, on the bill indicates (which desk the member should go to—he gives the money and two bills to the cashier, who stamps one of them and returns it to the member as his receipt, and retains the other one—the customer takes the first bill back to the counterman, gets the goods, and goes away—at the end of the day each cashier makes a summary of the day's sales, on a form used for that purpose—it should contain the amount of each transaction throughout the day, if it was done correctly, and then it is added up—the counterman should write it himself, but sometimes when they are busy he would dictate it and another one write it—the counterman is responsible for the accuracy of the total record of the transactions—the cashier would enter in his cash-book from the two bills the name of the customer, and amount and number of the bill, for the purpose of referring to the counterman's slip—at the end of the day the cashier adds up the total of the day's transactions—the check that he has correctly accounted for all the money received during the day, is that the foreman makes a summary from the counterman's slips, and if they correspond the counterman goes home—the slip is made out from the counterman's book—the foreman only checks the total, and not with the counterman's book; we do that now—book 63, page 14263, bears the prisoner's initials at the bottom—the date is 25th August, 1882, and on it is "7d.," then 7, the counterman's number, "26/8/82, J. E. B."—that is written in pencil by the prisoner; it is his signature—there is omitted from that page the member's number, name, and a list of the goods sold—page 14288, 28th August, 1882, bears Barge's signature also—the description of the goods is omitted—the name of the customer is S. Winter, Esq., and the amount 8s. 4d.—page 14300 is on 29th August, 1882, for 3s. 9d.—the member's name and ticket number are omitted (the ticket number is 41025, on 28th August)—in these two instances as well as the first, the entries are in pencil, and not the impression left by the carbon in book 64—an entry on page 25945 is also the prisoner's, and bears his name; the ticket number, the name of the customer, and the goods are omitted from that—the date is 2nd August, and the amount 9d.—that is in pencil—in 25964, on 3rd August, there is omitted the ticket number, the customer's name, and the description of the goods—the amount is 3d.—25995 on 5th August has omitted also ticket number, name of the customer, and the description of

the goods—the amount is 8d.—those entries are also in pencil—I have examined the cashier's book relating to these dates in one or two instances, not in all—in book 63, page 14210 is gone—all three are gone—pages 14243, 14308, 14340, and 14354 on 1st September are also gone; 14382 on 4th September is gone, 14383 on the same date is gone, also 14388, 14397, and 11399, all on September 6th—there are other leaves left in the book in his writing on the same day—the whole of the book is in the prisoner's writing—no one counterman has any right to use the book of any other counterman—in book 64, 39972, on 11th September, is missing—39973 on the same day is also missing—there are pages in the prisoner's writing on the same day before and after those—39938 on 13th September, 39813 on 7th September, and 39821 on the same day are missing—where the leaves are left in the book the impressions are principally carbon, here and there touched up, but there is always a mark of carbon—where there is the full bill in page 14336 is in his writing—that remains; it is in carbon, and is made out in the name of Sworder, ticket number 38735, 5s. 3d. for a lock purse on 1st September—I cannot say whose writing the daily summary is in, the figures look like the prisoner's; I could not swear, but I believe they are his.

WILLIAM CHAMBERLAIN (Police Inspector). I arrested the prisoner on 25th June on a charge of conspiring with others and embezzling various sums of money—he said "I can't see how you can charge me with embezzlement when I did not receive the money"—I said "You are charged with conspiring with one who did receive the money;" he made no reply—I showed him slips R and S, the daily summaries for 1st and 2nd September—he said "The whole of the figures are not in my handwriting, but the total figures are in my writing; they are the figures of some one else, I cannot say who; sometimes another clerk calls them over, sometimes one and sometimes another, and then I told them up and put the figures to the total."

Cross-examined. He looked at the summaries, and said he did not write any of the figures of those I showed him except the totals—I charged him, and he was charged at the police-court with conspiring with Lisle—he is not one of the defendants—I was told afterwards it was my mistake—I told him he was charged with embezzlement—he is charged here to-day with embezzlement in respect of two sums, one of which is this 5s. 3d., and the other 10s.—I cannot say if these are the only charges of embezzlement on the files of the Court, I have not seen the indictment—I can't say if there is only one indictment for embezzlement—I was before the Grand Jury—I believe there were two or three indictments before them.

CHARLES HENRY BARSTOW (Continued). The prisoner is responsible at the end of the day for the fact of his sheet corresponding with the cashier's sheet, and he alone, and he is not permitted to leave the stores until it is made right—on slip R the 5s. 3d. appears as 3d.—I have compared it with the others for that day; with that exception they are all right—14357 is in the name of Taylor, ticket number 14869, 10s. 6d.—there is no other entry on that page—that is entered on the cash summary as 6d.—14340 and 14354 on 1st September which were torn out appear on the daily summary for 5d. and 7d.—I see the amounts before and after them—14354 is the last amount on that day—I have been through the daily summary and the book, in all cases where leaves are torn out—

the amounts entered on the daily summary are small, 14382, 5d.; 14383, 8d.; 14388, 6d.; 14397, 10d.; 14399, 2d.; 39972, 5d.; 39973, 1d.; 39978, 4d.; 39918, 1s.; 39919, 3d.—if a leaf was torn out of a book by accident it would be the counterman's duty to report it to the foreman—the books remain in the counterman's place till they accumulate, and then they are carried away—I believe the summaries for August have been destroyed; we don't keep them long—the September ones are complete.

Cross-examined. I am manager of the stationery department, and I think ail the departments are worked on the same principle—there are a permanent and a relief cashier to each counterman—I think Rhodes was the prisoner's permanent cashier—if I have said that customers, from him would go to Dawson's desk that is right—I was told the cashier was Dawson at that date, I don't know from my own knowledge—the relief cashier would take the post of cashier for the dinner hour—I believe a special relief cashier was told off for days or weeks, as might be—the customer would give the relief cashier the two invoices, and he would keep one and give the other back—the relief cashier would give an account before he leaves to the cashier, who would have to account at the end of the day—I don't know how the relief and permanent cashiers settle it—at the end of the day the foreman checks the totals of the cashier's and counterman's summaries, not the accounts, only the totals—he has other duties—he does not add it up—it is no check if the men like to conspire—if a man made a mistake and the other found it out that would not be a check—the counterman adds up his own castings—the castings and the totals in the cashier's book are checked in the chief cashier's office on the following day, the summaries were not checked at that date—the counterman's totals are only checked by the foreman—the counterman's and cashier's summaries were not checked by anybody, the foreman looked at the figures at the bottom to see if they corresponded—no one checks the cashier's and counterman's summaries with the counterman's book—with reference to these entries in pencil instead of carbon we charge the prisoner with falsifying the books, I believe—it should have been written in carbon; the members' names and numbers and description of goods should have been given—the figures in every case are put at the bottom, purporting to be the amounts received by the prisoner for goods sold and delivered, and every one of those amounts has been carried into his summary and also into his cashier's daily summary, and subsequently into the cashier's book—I have been carefully through this book, and I believe I have given you every instance where he has used pencil instead of carbon—14299 in book 63 is in pencil, I have not given that, it is a complete bill, Larkham, Esq., a letter-balance, pen, &c.; it is with pencil—he may have had some reason to fill it in afterwards—there are not dozens of cases in these books where pencil has been used—the next one, 14300, is in pencil; that is charged in the indictment—he has there given particulars of the goods, and cast them out, but omitted name and number, and we have no means of checking it; if the name of the ticket-holder had appeared there I would have undertaken to check it—each ticket-holder's name and number is registered—I am not aware that scores of people use the ticket of one person; they may lend them—people are supposed to produce their ticket, and we refuse them if they have not one; a

notice is up, and has been for months—I cannot say how many in a thousand are asked to show their ticket; sometimes we have special orders for a certain time to ask for them—it is a practice for persons who hold entirely different names to that of the registered number, to go and buy goods under that ticket, but not in scores of cases—if Snooks had gone in the name of Brown we should have known to whom the ticket was given and have gone to him; if he said he gave it to many persons we should have gone to each one; we could easily find who it was—if you came and bought goods under the guise of No. so-and-so we should not find fault with you afterwards if we found it out—the chief grounds on which I suggest we have been defrauded is that the amounts are very small—the number of leaves torn out from the book are 15, I think, altogether—I say that the Stores have been defrauded in the case of this bill where the goods and the amount are mentioned, and the amount entered in the counterman's and cashier's daily summaries and in the cashier's book, because the bill is imperfect and we have no means of checking it; that is the chief reason—we find a few discrepancies which we are able to check, and so we pick these out as well—the third leaf is not perforated—I do not know whether Mr. Winter was a ticket-holder; I find in the invoice, "Ticket 14025, S. Winter, Esq., 8s. 4d."—no goods are mentioned—when a person becomes a member we take his name and address—I have not communicated with Mr. Winter to know whether he did pay 8s. 4d. on that day, it was not my business; I simply say this bill has been tampered with—he has accounted for the 8s. 4d. for the incorrect entry—I cannot say that is the amount he received from Mr. Winter—I had the means of testing the account if the particulars were correct—we have a shareholder's register, in which the number of each ticket is registered, but I don't think it is here—August and September is the time when we are preparing for the Christmas cards—it is not the prisoner's department, but he might be one of the men sent to mark the cards off—he would be taken away from his counter till evening—his book would remain on the counter—the men who remain would put down in their own books what they supplied customers with, and account to the cashier—if we wanted him he would be sent for from upstairs if there were not sufficient men to serve—I have tested "Sworder, Esq.," and believe it is the proper name—the 10s. 6d. on the bill agrees with the bill the member took away; the member says that he paid the same amount—I am not aware that anybody is here who made these figures—I cannot tell anything about sheet "R."

Re-examined. If the daily summary agrees with that of the cashier, that is. supposed to be the check, and if they both did their duty it would be—it was not considered necessary to compare the daily summary with the accountant's book—with the exception of Winter's accounts, we have no means of telling the true amount received from the counterman—those amounts are carried into the cash book so as to agree—in the other instance, where the leaves are destroyed, all I can say is, the amount agrees with the amounts the prisoner has put down on his slips.

HENRY JOSEPH RHODES . I was employed until November at the Army and Navy Stores, Victoria Street—I was convicted on my own confession and sentenced to three months' imprisonment for embezzling the money of my employers—I came out of prison on 17th March, this year, and

after I came out, acting under advice, I made a communication to Mr. Dutton, the solicitor—I was employed as a cashier in the stationery department—I was stationed at desk "B"—the cashier at desk "A" in August and September last year was named Dawson—the relief cashier was named Canning—during August and September the prisoner was a cashier in the same department in the room I was in—his customers, in the ordinary course of business, would have to go to desk "A" to pay their money—at the end of June, or the beginning of July, last year, I met Barnes in a public-house in Rochester Bow, in the evening—I cannot fix the date nearer than that—I can't say the exact words, but I made arrangements with him to embezzle money in the Stores—I asked him if he would help me work the bills in the stationery department, and he said, "Would there be any chance of getting found out?"—I said no, if we were very careful it would be almost impossible—he said he would try, and he would have another conversation with me—I explained the system if his bills were to to paid at my desk—I told him if he was to place his carbon so as to leave the third bill blank, I could detain the first two bills which were paid into my desk, and destroy the bills; and he could enter any amount agreed upon on the blank third sheet—that would to the odd pence; but if it was 11s., he would put down 11d.; and if it was 11s. 3d., he would put down 3d.—I said if be could send the bills to my desk, I would enter the amount of pence we agreed upon, and pay it to the cashier at the other desk. I arranged some names—"Day," "Martin," "Wilson," "Bird," and "Hewett"—I don't remember the name of "Gordon"—we did not always keep to those names—sometimes we would enter a name agreed upon the slip of paper—I would enter the amount on paper, and pay it to the other cashier; I was bound to pay in something—I was to destroy the bill; but sometimes the customer would take one bill away—I generally tried to get both bills to destroy—I ought to have filed one and given him one back—in the case of an accident in packing up and the customer coming back, they would not know which counterman served him—we afterwards went to a music hall together, and the matter was again discussed between us—we arranged it—I commenced these operations on the bills at the end of June or the beginning of July—I was not the cashier; I was at desk "B"—this was done at any part of the day I was able to get the bills—when a customer brought me a bill it would have a letter on it—when a bill came to my desk with "A" on it, and it was marked with Barge's number, I should look to him for the sign which we had previously arranged; if the bill was to be embezzled he would take his handkerchief out and wipe his face; and if not, he would scratch his head—sometimes he would nod his head, and use his handkerchief at the same time—after that sign was given I would act in the manner I have detailed—that practice continued up to the beginning of October, last year—the money would be divided between me and Barge in the evening, after business hours—I should take the money—altogether, I should think the total amount divided during that period would be over 50l.—I see that page 14210 in book 63 is missing—Barge told me how the leaves could be torn out of his book—he said if in any case he omitted the blank paper under the carbon, and I got that bill, he would tear the leaf out in every case where we had embezzled the money—he told me that several days after we had arranged to do it—I came out of prison on 17th March—

after I came out, I met Barge in Rochester Row, about the beginning of may—I was with my landlady, Mrs. Kettringham, when I met him—he came up and said "How the devil are you?"—I told him I was all right, and promised to meet him in a quarter of an hour—I went in with him and promised to go round to his place to see him—he was living at Mrs. Flirt's, 4, St. John Street, Westminster—I went there, and he asked me how I had been getting on—I spoke to him, and he said, "I have been chaffed by several of the countermen at the time of your arrest, saying that I shall be the next taken"—I said, "You need not have any fear, as I have said nothing concerning it"—he said, "I think it is all right now, as I don't think there are any bills left, but there may be one; I have destroyed the best part of the bills"—I went about four times to his rooms.

Cross-examined. I was indicted with two others at the Middlesex Sessions—we were all charged together, and we all pleaded guilty—the others were Lloyd and Dickson—Dickson received the same as I did; Lloyd received nine months—he was a counterman—before I was sentenced I was not asked to make a statement with reference to anybody else in the Stores—I was not written to about making a statement, by my fellow-clerk in the Stores, before I was sentenced—I was not recommended to mercy by the Stores—the Judge said it was on account of his age that he gave Lloyd nine months and me three months—Lloyd suggested my doing it in the grocery department, but I had before embezzled money in the stationery department with Barge—I went from the stationery to the grocery—Lloyd did not know that I had embezzled money before—I had not done so before I came in contact with Barge—I first suggested it to Barge, knowing he had a friend who was embezzling money at the same time—I learnt all the details as to how I was to embezzle from a man named Moore; he told me how he was carrying it out—I swear I had not embezzled money before that—Moore has, I think, absconded—I suggested several plans to Barge, and he fell into my views—I think I told him how to do it—I first suggested it to him—I am speaking now of the particular offence charged previous to Lloyd's case; Lloyd's was afterwards—I had not embezzled anything then, and I had not taken anything improperly from my master—I have an uncle, with whom I am now living—he is in a respectable position—I was not living with him at this time; I was on friendly terms with him—I have no father and mother—I did not consult my uncle upon what Moore said to me, but after I heard what he said I went and suggested that a fellow-workman and I should embezzle money together—Barge agreed to it within a very few minutes—we had another talk at the music-hall afterwards, to see how it was to be carried out—Barge said "I will have a try with you; we must have another meeting and arrange it properly"—I said "All right"—I was quite willing—I was 18 at that time—the words were used in the bar of a public-house in Rochester Row; I don't know the sign—the landlord is Mr. Chapman—I left the Stores about 6.15—there were no other persons in the compartment, but we did not specially select it—this was at the end of June, 1882—I had been in the Stores 17 months when I was convicted—I was put back for judgment in December and sentenced in February—it came on for trial about six months after this alleged conversation with Barge—I said at the police-court "It was four or five months after I entered the service I commenced robbing the Stores"—that was with

Barge—the first time I started was with Barge—I had not robbed the stores before I entered into conversation with Barge in July, 1882—when I said that it was four or five months after I entered the Stores that I commenced robbing the Stores, I might have made a mistake—the first time I began to rob the Stores was with Barge—I have had cause to think over my robberies from the Stores since I was convicted, but I cannot give the first sum I defrauded the Stores of in conjunction with Barge, or any details—I have no memory of the first sum—I cannot give the amount, not when we first started, or who the customer was—lean give one transaction, either in August or September—it was nearly the last bill we had, 10s. 6d.; it was paid in on Saturday morning by two ladies—I think the article was a scrap album—I entered the sixpence on paper, and paid it in to the other cashier—I cannot swear that that is the bill I allude to (produced); I think that it is the entry—this is properly entered, "Mrs. Taylor," the number of the ticket, the description of the goods, and the right amount paid—I have been spoken to about this case by the solicitor for the prosecution, Mr. Dutton, and my uncle has strongly urged upon me that I should give evidence—this very entry was shown to me by Mr. Dutton with all these particulars, and then I made a statement about this one—I cannot think of the customers in any transaction which Barge and I had together, and which is not entered in this book—we had a bill for 1l. 13s.,. 10d.—I received the money and paid it to the other cashier at the other desk; it was 2s. 10d. or 1s. 10d., I cannot tell exactly—that was several weeks before this amount of 10s. 6d., and I asked him at night, what he had done with the bill, and he said he had destroyed it—one item was an ink well for a lady—I cannot refer to the entry in the book, because if the bill is torn out I should not know where it is, but I think it was in August—I entered either 2s. 10d. or 1s. 10d., some very small amount—Barge would enter that in his book—I am quite sure I entered it so that either it would appear as 1s. 10d. or 2s., 10d.—I entered it on a slip of paper, and I handed it to the other cashier—if I had his bills, he would nod his head and wipe his face if I embezzled—if he scratched his head I should know that I was not to do that particular bill—that was the sign between us—the counterman is behind the counter, and I am in a little box, but he could come up to my end of the counter—he could serve the other part of the counter if he liked—he did not move up to the part of the counter nearest me every time he intended to embezzle, and he was not generally at the end of the counter nearest to me when he did embezzle—the nod. was to embezzle a bill—a great number of people were passing between the prisoner and me—there is one counter on one side and one on the other—there was no trouble whatever to see the prisoner—I could very easily see him, but in some cases I could not see whether he was going to embezzle a bill till I got it to my desk—sometimes when the goods were sent I would do it, but I had no right to take the other cashier's bills, except when he was absent from his desk—a great many of the customers run away without taking the bill, and sometimes they say "Will you keep the bill?" and I say "Yes"—a great many customers are careless of the bills, and don't take them—I think I destroyed the 10s. 6d. bill, but I cannot swear it—I destroyed one of the bills—I think the lady threw it on the floor—I might on one occasion have beckoned to customers with the idea of getting them myself, to rob the Society—I

have frequently beckoned customers—Barge would not give me the sign till I had received the bill—sometimes I would wait till the customer had gone—in the case of the 10s. 6d. Barge was standing close to my desk, and he nodded—I was not quite confiedent, and went down and asked him if I should do that particular bill, and he said "All right"—if I saw it was Barge's customer I would say "Pay at this desk, Madam"—I have asked them to come to my desk, whereas they would have gone to the "A" desk, which stands in the centre of the room—I did not say at the police-court in reference to this 10s. 6d. "Barge made no sign at all"—I said he nodded, and I did not know whether he was going to do that particular bill—I was not certain about his sign, or I should have gone—he was not in conversation with a lady; I was—I went to a public-house afterwards with Barge—this conversation, with Barge after I came out of prison, was in his bedroom at St. John Street—the first time I went to Mr. Dutton was 27th June—he sent me a letter, and I went with my uncle—Mr. Dutton said that there were several other cases against me—he did not tell me that inasmuch as they were not mentioned in the indictment at the Middlesex Session to which I pleaded guilty, it was quite competent for the Stores to prosecute me again; nothing like it—he did not say that I had not been punished for these, but that I might be; nothing like it—he asked me to tell the truth, and in accordance with my uncle a wishes I did so—I made a statement—I don't know what else he asked me or told me—in the letter he said there were several other cases against me—the letter is at home—until I received his letter I had not said one word about what I have said to-day—my uncle did not begin to act until I had shown him the letter—he had no knowledge that there was anything else against me—we were generally in the habit of dividing the money in the Albert public-house; we might once or twice have divided it somewhere else—I have sometimes sent it by one of the boys to him—I cannot tell how much I embezzled; I dare say 50l. or 60l. between me and Lloyd, in the grocery department—I have divided about 50l. or more with Barge in one department, and 60l. with Lloyd in the other—I can give you the details of another case—I had several bills one day, and there was a similar one of 2s. 1d.; it was about the beginning of October—that was the last bill I had with Barge—I have not seen it in his counter-book; it has not been shown to him—I mentioned it to Mr. Dutton.

Re-examined. I was at desk "B"—no customer of Barge Ought to have come to my desk unless the other cashier was absent—I beckoned to the other customer to come because he would have gone to desk "A"—I think he was walking to the other desk—when I got an "A" bill I looked across to see whether the sign was given, and if it was I "did" that transaction—it was only occasionally I did this—my business was with the other counterman—when I went to Mr. Dutton I took the letter with me—he asked me to speak the truth, and I have done so—the account I have given is the account I gave at the police-court—in the transaction of Dufour, I recollect that two ladies came—before that I had made a statement about a particular transaction—before Mr. Dutton showed me the bill at all, I had identified the transaction by saying that there were two ladies.

WILLIAM HERMANN PRESTON WINDUS . I was until recently a servant at these Stores in Victoria Street—I was taken in custody on 8th July

this year, and have pleaded guilty this Session to a number of charges involving dishonesty at the Stores—I had left the Stores when Rhodes was taken in custody—I know Barge—I was in the stationery department at No. 2 desk about August last year—I can't be sure about the time—I took Rhodes's desk, and he was put into the drapery department—after I had been there two or three days, I was at the Albert public-house, Victoria Street, in the evening, and the prisoner asked me if Rhodes had spoken to me about what he had been doing with him in the stationery department—I said yes—he said" Are you willling to do the same?"—I said "If you can prove it can be done without any risk of being found out"—he answered "I can easily do that. In taking an order from a customer for goods to be taken away, I will place between the second and third sheets, under the carbon paper, a sheet of paper to stop the impression from going through on to the third sheet. I will then send the customer to your desk, although he properly ought to go to No. 1. You must then take a note on a piece of paper of the folio number, the number of the book, and a name beforehand agreed upon, and putting down as the amount the odd coppers"—if there were not any coppers, say the bill was 17s., we should put it down as 1s. 5d—the folio number referred from the cashier's book to the particulars book—I should then send the customer buck to Barge, who would, if possible, get back the bill from the customer—I was to destroy my second bill, which ought to have been filed, and send the amount that I had got down on the paper over to the other, the proper cashier, whose duty it was to enter it, and the money we would divide in the evening over at the Albion public-house—he said that he had done it with Rhodes, and that he had rather do it with me than do it with Rhodes, because Rhodes was so continually sending over little notes to him, and leaving his desk to talk to him, and he thought it would be noticed—if the plain paper were not placed under the carbon, he said he would then tear out the bill and destroy it—I carried out this suggestion, and we succeeded in obtaining about 10l. each I should say—while Rhodes was at the Stores he lived at Mrs. Ketteringham's, No. 2A, Charlwood Place—I have been to his rooms there, and have slept there with him—I have met the prisoner there—I do not know Moore.

Cross-examined. I have received no money, nor promise of money, nor forgiveness, nor promise of forgiveness, to induce me to give evidence—all the statements I have made to-day I have made solely to make reparation to the Directors of the Society for my past bad conduct—I have no hope of my sentence being made lighter—the signs agreed on between me and Barge were a nod of the head, and he was to bring out his handkerchief and wipe his nose—there was no sign if I was not to do anything—we had only one sign: that if I was to do it he would nod his head and wipe his nose—I had embezzled money before I came into contact with Barge, in the grocery, turnery, and drapery departments—the grocery was the most lucrative—I benefited there about 150l.; in the turnery about 60l., and in the drapery about 80l.—that was about 290l. before I was introduced to the prisoner—the scheme in the grocery was with the check-clerk—neither of us would enter the bill, we should divide the money, and take the bill out of the bundles—in the turnery department I was on my own account—on entering a bill for 5b. 6s. 8d. I should enter 6s. 8d. and add up the total as if I had overlooked the 5l.

—it would make an incorrect total—the system of check there was that people only looked at the total, and did not test it—if they had gone through the casting it would have been found out—that was the only system I had there—I used that same system in the drapery—I evolved it out of my own ingenious mind, nobody helped me—I was ready to do it in the stationery if it were shown to be all right—I had managed to conceal my defalcations in the other departments up to that time—I should say that some of the bills we have done together could be traced by the fact of the customer's name and number appearing in the prisoner's books in lead pencil instead of carbon—I could not say positively—I have said before this that they could be—I first embezzled money in the prisoner's department four or five days after I was there—I could tell by my book when I began my duties there, it was about August—the first transaction I did with him was 14s. odd—it was done in the same way as agreed—I do not know what the goods were—my duty was to take the paper and money—the prisoner sent the customer over to me; I looked at him, he gave me a nod—the customer paid 14s. odd, and I put the 14s. in my pocket, and put down the odd pence on a piece of paper and sent that over to the cashier by the foreman—I tore the customer's bill up—that ought to have been entered in the prisoner's counter book, I cannot say if it is, I have not seen the book—I do not know why the cashier who received the 2d. or whatever it was did not ask for the customer's bill—I sent it over and never heard anything more about it—I used to meet the prisoner in the Albert public-house; I don't know who keeps it; it is exactly opposite the Stores—I betted very little—I have seen the prisoner in Grant's, the betting house; I did not see him bet—I betted with the landlord through my friend Cantle, not myself—there was nothing to be anxious about in the record being left in the books of the transaction; I have not said I was anxious on that account, to the best of my belief—I have never said that before I came into connection with the prisoner I had never committed any frauds on the Society, or anything to convey that impression; I always said I first commenced defrauding the Stores with Mean in the grocery department; I swear that—I told Strange, a bicycle maker, at his place, that I had committed 290l., or thereabouts, defalcations on the Stores before I came into connection with the prisoner—he made a bicycle for me and used to know a great deal about my affaire; he took an interest in me; he received some of the money in payment for the machine—he did not share it with me, only I promised to give him an order—I only mentioned it to Strange—I told Mr. Dutton I first commenced in the grocery department, and what I had embezzled—I told him I had embezzled about 50l. with Mears and over 50l. with marriott in the grocery department, and that I had embezzled in the turnery department—I gave him the amounts, or thereabouts—he knew I had practically embezzled 290l. before I came into contact with the prisoner—I have not been out on bail; I sent for Mr. Dutton, and he took down my statement in writing from my mouth in the prison—I said in that statement everything I told here to-day, including the amount of my previous embezzlements before I got into the stationery department: I swear that—I made a clean breast of it from beginning to end, and told him everything—I should be greatly surprised to hear that there is no word about it in my statement.

CHARLOTTE ELIZABETH SWORDER . I am the wife of John Sworder, of

Bury Westmill, Buntingford, Herefordshire—my husband had a ticket, No. 38,835, for the Stores last year—on 1st September, 1882, I purchased a lock purse in the stationery department and paid 5s. 3d. for it—the counterman served me in the ordinary course and gave me two bills, and then I went to the cashier's desk, paid the money, and got one of them back receipted and took it away with me—I destroyed the bill—it was for a lock purse, 5s. 3d.

FREDERICA ELIZA DU FAUR. I am a single lady, residing at 74, Lansdowne Road, Notting Hill—I had a nephew a member of the Army and Navy Stores, and on 2nd September I went there with another lady and purchased a scrap-book in the stationery department for 10s. 6d.—we got the two bills at the counter, and then went to the cashier's desk and paid the 10s. 6d., and got the bill receipted and given back and got the book, and I think I took the bill away—I have an entry of the day I went, 2nd September, in my diary.

Cross-examined. I am not a member of the Stores, I took Mr. Taylor's ticket—I don't remember whether I took the bill away and destroyed it—I do not often go there—I would be in the habit of taking my bill away.

Re-examined. I have to show the bill receipted, before I take the goods away.

ALFRED DAWSON . I was cashier at the Stores in August and part of September, stationed at desk A—during that time the prisoner was one of the countermen with whom I was connected—in the ordinary course of business it would be the practice for the prisoner's customers to come to my desk—when the bill came I entered the amount in my cash-book, which would be compared at the end of the day with his daily summary, and one is a check on the other—page 14210, September 2nd, in the cash-book is in the name of Davis, amount 5d., entered by me—book 7, page 492, counterman's number 7, 14243, is in the name of Gordon 10d., 24th August—page 379, No. 14308, is on 30th August, in the name of Day, 9d—page 399, 14340, is Davis, 5d. 1st September—on the same day, 14394, Day, 7d.—Day, 3d., on that date is Canning's entry—14,382 is on page 416, Day, 5d., 4th September—on 2nd September I find Taylor's 10s. 6d. entered as Ewart, 6d.—these are all in book 63—at page 416 there is 14,383, Lee, 8d., entered by me—page 434, Tap, 6d. 14388—in book 26, page 42, I find 39,818, Day, 1s., on 7th September—at page 7, 14357, Ewart, 6d., on 2nd September—book 27, page 342, No. 14643, is Wood, 7d., 24th August, entered by me—page 860, No. 14,288, is Winter, 8s. 4d., on 28th August—in book 100, page 126, I find No. 14300, Slade, 3s. 9d., August 29th—when a customer came to me I entered the true amount from the bill—if I were not in my desk another cashier, Rhodes, for instance, would enter it on a slip of paper and bring the slip of paper to me with the money when I came back, and I, relying on his honesty, took it from him and entered it in my book, properly accounting for what I believed he had received—I cannot pledge my memory to any particular instance of this, but it was what occurred.

Cross-examined. It is my duty to retain one of the two bills which the customer brings unless the things are to be sent, when we hand both bills back—when the customer is going to take the things I keep one as a record of the amount I have received—in my absence Rhodes or

another cashier took my bills at his own desk, not at mine—he would carry out the rules if he acted properly about retaining one bill, except when the goods were sent—I have asked Rhodes for the original bill at times, and then he has said he has given them back to the customer, and then I have accepted a piece of paper from him showing the amount he alleged he had received, which he handed over to me—I have not many of the bills for those amounts which I have just been answering to Mr. Fulton—Rhodes has not given me a slip of paper in every instance I have gone into, only in certain cases—I can't remember if I have had any of the bills relating to those which I or Rhodes ought to have taken from the customers—if he had received it I do not know where it would be now—we put the bills on a file, and they are collected two or three times a day and taken away—I am prepared to swear the amount entered in book is all the amount I received, and that it is correct—there is no possibility of a mistake—I have never made a mistake in the amount that was entered—when I said at the police-court "I may or may not have received that money," I meant that is the amount I have received; I do not know that I have received any particular amount—I have not left the Stores—I have been removed from the stationery to the grocery—I do not know why; they move us about at times—when I came back from my holidays about September there was another cashier there, and I was put in the grocery.

ARTHUR FREDRICK CANNING . I am 20 year old—I was a cashier in the Army and Navy Stores in July, August, and September last year—as cashier I should enter in my book in the ordinary way from a customer's bill the money I received—on 1st September I have entered Day, 3d., ticket No. 38735, and I accounted in the ordinary way for that money in due course—I was relief cashier—14397 is an entry in my writing, Roberts, 10d., and on the same page 14399, Day, 2d., both on 6th Sept.—on page 472, on 11th September, is 39872, Wood, 9d. and on the same page another Wood, 39873, 1d.—when I received money from customers I entered the true amount in the cash-book—on occasions I have received from Rhodes money for the purpose of entering in my book—he then either gave me the bill which had the name on it, or a piece of paper with the name and number of the bill and the amount, and in those instances I always entered truly in the cash-book the amount I had received from Rhodes—I have asked him for the bill when he has given me the slip of paper, and he has said they were all addressed bills and had to be returned, and so I did not see the bills—I am still in this Company's service.

Cross-examined. The entry "3d." on 1st September is in my writing—I was relief cashier to Dawson between 2 and 3 when he was out, and was stationed at that desk to receive money from customers while Dawson was away—for that hour I kept at the desk as much as possible—at 2 or 3 the work begins to get busy and there was all the more reason for my remaining at my desk—I can swear that every amount there is the correct amount I received—I can't remember whether I received the money in the entry from the customer or from Rhodes—it was only during the relief hour that I received money from Barge's customers—Rhodes was quite right in saying that if the goods had to be sent he would not have the bill—it is only where they take the goods

away with them that they leave the duplicate at the desk and keep the original.

CHARLES HENRY BARSTOW (Re-examined). The bills the cashier would keep would be kept for a few days and then destroyed.

Cross-examined. There are printed rules about the establishment; every man has a copy given to him when he enters the employment—I was not asked personally before the Magistrate to produce a copy; the question was asked, I believe.

MARY ANN FLINT . I live at 4, St. John's Street, Westminster, and am the wife of William Flint, a messenger at the Civil Service Stores—in September last the prisoner came to lodge at my house and left in June this year—Rhodes used to come there and see him and was shown into his room.

Cross-examined. He visited him as a friend—Barge always conducted himself in a very proper manner, no one more so—he was generally in before I went to bed—I have got sons—Barge never stopped out except when he went home for a holiday—as far as I know he did not go beyond his means—he paid his rent regularly.

The prisoner received a good character. GUILTYThree Months' Hard Labour.

The prisoners who had PLEADED GUILTY (See page 556) were then sentenced as follows:

MARRIOTT and RYAN—Six Months' Hard Labour each.

MEARS and SENESCHAL—Nine Months' Hard Labour each.

CORNELL—Twelve Months' Hard Labour.

CANTLE and WINDUS—Judgment respited.

OLD COURT.—Monday, Tuesday, Wednesday, and Thursday, September 24th, 25th, 26th, and 27th, 1883.

Before Mr. Recorder.

Reference Number: t18830910-848

848. JOSEPH WHITTARD (48), ALFRED HILL MAYER (34), WILLIAM HOPE alias GRIFFITHS (38), ROBERT GUYOTT (53), CHARLES ROGERS (26), HENRY MILLER (48), WILLIAM WILSON WOOLLEY (50), ALFRED BIXTON (26), HENRY NEWBERRY (53), and WILLIAM STYLES alias TIBBS , were indicted for unlawfully conspiring by false pretences to obtain goods from divers persons with intent to defraud. Other Counts varying the form of charge.

MESSRS. BESLEY, MONTAGU WILLIAMS, and GILL Prosecuted; MESSRS. FULTON and WARBURTON appeared for Hope, MR.R.R. BEARD for Guyott, MESSRS. BLACKWELL and HOPKINS for Rogers, MR. KEITH FRITH for Miller, MR. GEOGHEGAN for Woolley, and MR. BROUN for Styles.

CHARLES BEBRY (Police Sergeant Y). On 23rd June I apprehended Rogers at 122, Caledonian Road—I said, "I am a police officer, Rogers, and I am going to take you into custody for being concerned, with others in committing long firm frauds"—he said, "My name is Rogers, but I know nothing of any frauds; have you a warrant?"—I said, "No, but I shall take you to King's Cross Station, where you will be detained until the warrant is produced"—he said, "Very well, I will go with you"—I searched him, and found on him a quantity of letters and papers, which I handed to Mr. Wontner, who was acting as agent to he Treasury.

Cross-examined by MR. BLACKWELL. I did not make a list of the paper

which I took from him; I could identify most of them; there were from 28 to 30

ROBERT BISHOP . I carry on business at Haggerston Railway Arches as Bishop and Co., brewers—in January,. 1882, I was acting as agent for Bishop, Chaplin, and Co., brewers, of Colchester—in that mouth Rogers came into my employment and remained for about five weeks; he left in the beginning of March—during those five weeks he introduced a great number of customers, who incurred liabilities to the amount of about 237l., a balance of quite that amount still remains unpaid; some portion was paid—among the persons he introduced were the names of Masters, Wilson, Gillies, and Co., Whittard, Ayres, Moorhead, Chapman, Shaw, Rogers, and others—goods were sent in those names according to orders received from Rogers—the number of customers he introduced was about 72 or more, by whom I never got paid—among them, was the name of Moran, who I afterwards heard had been convicted at this Court—the amount of Whittard's indebtedness was 14s. 6d.; that was the balance; a small amount had been returned, and that was the balance left; the whole amount was 2l. 5s. 6d.; that has been due and not paid since February, 1882—among the earlier names is Bass, of Leyton, 28l. 6s. 7d.; that was the person who was convicted here of the Champagne frauds.

Cross-examined by MR. BLACKWELL. I paid Rogers by salary and commission—I did not recommend him to push the business as much as possible; of course he was engaged with the understanding that he would do his best—I do not make any inquiry about the persons to whom orders were to be sent, I leave that to my traveller's discretion—at the present time I have only one traveller, my son—he sometimes makes bad debts—I pay him a salary, no commission—I have had many travellers who have made bad debts, but not to this extent or near it—there is a good deal of competition in the brewing trade, a traveller must be very pushing to do any business—these debts have been owing something like eighteen months—I have tried to get my money; I have put a few in the County Court—I have obtained two or three small accounts, leaving the balance I have mentioned—I have not tried others, simply from the expense; it would be throwing good money away.

Re-examined. The usual percentage of bad debts is 10 per cent.; in this case pretty well the whole was bad; I have only received a few pounds out of 300l. odd, more than 90 per cent.

EDWARD BOLINGBROKE . I am manager to Edward Green and others, brewers, at Bury St. Edmunds—I have a place at No. 6, Bishopagate Street—on 14th April, 1882, Rogers became traveller to the firm for a fortnight—he introduced 22 customers, among them one named Whittard, of 40, Gowlett Road, East Dulwich—Rogers gave as a reference the name of Gillies, of Holborn Viaduct—Whittard's account was 13s.; he has never paid—Gillies did not have any goods, Bass did, the same person spoken of by the last witness—I don't know that any other of the defendants were among the customers.

Cross-examined by MR. BLACKWELL. I saw Gillies—I did not know that he was agent for Barrett and Co.—I saw him at his office on Holborn Viaduct—I saw no business going on there—only one or two of the persons whom Rogers introduced paid—I did not myself make inquiries before sending the beer out, the traveller was supposed to do that—there were other travellers besides Rogers—a proper traveller should make

inquiries, and run no risk—Rogers was paid by salary and commission—I have two travellers now; they occasionally make bad debts, but not to this extent.

Re-examined. I cannot definitely say what is the usual percentage of bad debts, 19 out of 20 is unusual.

JOHN PRITCHARD . I am manager to Charles Flowers and Co., brewers, of 5, London Street, Paddington—in June, 1882, Rogers was appointed traveller to the firm—he gave as reference Gillies and Co., of Holborn Viaduct, from whom I received this letter. (This stated that they considered him n good traveller, and were perfectly satisfied with his capability and conduct). Rogers gave the names of Wilson and Masters as sureties—I did not accept them—in the meantime Rogers sent in certain orders, which I executed—after five weeks I discharged him—I produce a list of orders amounting to about 120l.—about 11l. of that has been paid—amongst the customers was a man named Moran, of 7, Holland Grove, Brixton; we obtained judgment against him for 10s. 9d.; I think the full amount was 1l. and expenses—Rogers had a cask of beer himself; he did not pay for it—Whittard, of 40, Gowlett Road, had a cask—I obtained a judgment against him—I afterwards received this letter from him. (Dated December 26th, stating that he teas laid up with rheumatism, or the amount would have been paid, and explaining that the furniture was not his there being a bill of sale upon it.) He has never paid me—Miller, of 104, Elgin Road, Maida Hill, was a customer—I obtained a judgment against him—I received this letter from Miller. (Dated August 4th, "Please instruct your drayman to call for two empty casks, and bring another.") I did not execute that order—I got no money for the first—Barnes, of the Old King's Head, had beer from us—he was introduced by Rogers—I believe he was convicted here—his account was between 20l. and 30l.—that has never been paid.

Cross-examined by MR. BLACKWELL. Barnes was licensed victualler he is not still carrying on business—I did not see his place—I have a good many customers who are not included in this indictment—I have taken out summonses against the majority of those who have not paid—I have only got 10s. 9d.

Cross-examined by MR. FRITH. I saw Miller as a matter of business, coming into the office, only as a friend of Rogers—I don't remember his vouching Rogers as a person of credit and respectability, and that he was sure he would pay for any goods.

GEORGE FRANKELL . I did carry on business as a coal merchant 357, Goswell Road; I have changed now—I engaged Rogers as a traveller on 4th November, 1882—he gave me as a reference the firm of Norton, Bower, and Co., 66, Holborn Viaduct—I applied to them and got this answer. (Stating that they always found him honest and considered him a very respectable and persevering young man.) I went there and spoke to a man who said he was Norton, and he said he knew Rogers to be a very respectable man, consequently I engaged him as a traveller—as soon as he was engaged I got an order from Miller, of 39, Warwick Road, by post, on an order sheet, along with other orders—before executing the order, I sent another traveller to look at the house; he came back and said he was in a beautifully furnished house, and he believed it was all right; but before I executed the order I asked Rogers, and he told me that Miller was a man in a position, and that his would be a first-class

account—this document, I think, is in Rogers's handwriting—the first order is for five tons of best Silkstone, at 25s., "wanted to-morrow, will be a first-class account; terms, one month;" that order amounted to 6l. 5s.—I executed that order—I have never been paid—I sued Miller, and he produced in the Court a receipt that he had paid the amount to Rogers—I never got the money from Rogers; I had to pay the costs—I supplied goods to Dewing, of 8, Delamere Street, Westbourne Square, for two tons best Silkstone, at 25s.—I was never paid for that—I also supplied goods to F. Masters, G. Eyres, and Plunkett, 141, Aldersgate street, all for best Silkstone—I went to plunkett's address, and there saw Guyott—I asked him for information, as I heard he knew something about them—he said he would be ready to give it to me if I would remunerate him for it; I promised to do so if I had the information; but he did not give it—he promised to inform me about all the customers; he said they were all swindlers, and that Rogers was a scamp, and that a warrant was out against him—I did not pay him for this information, I gave him something, but the information was worth nothing to me; I wanted to recover my money from the customers—Rogers obtained some coals himself—he did not pay for them—just before he left me he collected an account—I tried to get a warrant against him, but it was not granted—I went to the clerkenwell Police-court and issued a summons, to see what he would do, as I knew he was engaged by another firm of brewers—I heard there was another warrant against him, so nothing came of it—these orders are in his handwriting—one is 16th November, from Mr. G. Gillies, of 38, Devonshire Road, Holloway, for one ton—I got that money by pressing him very hard for it—here is an order from Mr. Halley, of Stoke Newington, for one ton, stating that he cannot make room for more—I have carefully cautioned Rogers about customers—I think I did not execute above 20 orders that Rogers sent in; but the way he talked to me made me sure the customers were right—I got some of the accounts by very sharp treatment—I issued committal orders and served judgment summonses—from two or three I got my money—I got an instalment from Masters the other day—the amount of my loss is about 50l.

Cross-examined by MR. FRITH. I saw Miller on two occasions before I engaged Rogers—no, I only saw him on the one occasion; a clerk of mine saw him once before—I may have seen him twice, it is so long ago—oh, yes, I served a summons one night—the first time he called he said that he had paid the amount to Rogers, and I turned him out of the door—I had nothing to do with Miller when I engaged Rogers; he was quite a stranger to me—I advertised as "Frank ell Brothers, National Bank Buildings, Goswell Rood, colliery owners and coal merchants"—I decline to answer whether we are colliery owners—I don't think I am bound to answer where our collieries are—I don't remember if I said to Miller that Rogers was a d—thief; if I did I was quite right—Miller said he had paid him, and produced a receipt.

Cross-examined by MR. BLACKWELL. I now carry on business at 101, Houndsditch—I put a number of persons in the County Court, all friends of Rogers—I decline to say where my colliery is—I have bought coals from three or four collieries, and sometimes from an agent here if I was out of a truck—the County Court Judge did not decline to make orders against any of the customers on the ground that the coals supplied were rubbish—I always got the order—I have one brother in partnership

with me—I carry on a coal business in connection with a cigar business; I have two houses—Rogers did not send me a letter declining to remain in my employ—I did not tell Miller that I belonged to the firm of Rickett, Smith, and Co.; my clerk did, but not by my direction—I dare say I sent a traveller round to all the persons from whom Rogers gave orders; that was my usual custom.

NORTON COULANDER . I am a jeweller, of 56, George Street, Richmond—in November Rogers applied to me as a traveller—he said he was travelling on commission for a musical-box firm in the City Road, and he found it did not pay, and he thought he would look out for something better—he referred me to Miller, and to Norton, Bower, and Co., of Holborn Viaduct—terms were arranged—if the references were satisfactory he was to give me sureties for 100l., and he gave Henry Miller, of 104, Elgin Road, Maida Hill, and Woolley, 102, Gladstone Road, as his bondsmen—I applied to Norton, Bower, and Co., and got a satisfactory answer—I produce the bonds which the sureties gave—his remuneration was to be 25s. a week, and 5 per cent, commission for all cash returns—I explained to him the character of the business; it was to call on gentlemen's servants, and to sell them jewellery, watches, or whatever it would be, for quarterly payments or cash—he commenced travelling for me somewhere in November, I believe—he returned Whitten, of 40, Gowlett Road, East Dulwich, as a customer on 9th December for jewellery amounting to 8l. 7s. 9d—it was not paid for—he also returned Henry Miller, who was supplied with a gold watch, between 10l. and 12l.; that was a verbal order—he said Miller was going to pay cash for it—at first he said that Miller had something to do at Queensboro', and that he had a private house in London—I did not get paid for that; it was supplied in Dec., 1882—he got a lever watch worth 15l. and other goods for Woolley to the amount of 23l. 14s. 6d—this is the invoice of November 22—none of that was paid—I received this letter from Woolley, dated November 21, from 102, Gladstone Road, Wimbledon, promising a cheque—the terms were cash—I never got any from him or from Dewing—I had these letters from Dewing, in which he promised payment or to return the goods—he did neither—they amounted to 20l. 11s.—on January 15th and 21st I got these letters from Miller. (The first was in reply to one from the witness, requesting a meeting at Messrs. Dodd and Longstaff's, solicitors to the Trade Protection Society, and stating that an engagement prevented his attending; and the second requested the witness to meet him at the Mitre, Fleet Street, the next day). I saw him at the Crown Tavern, Clerkenwell—I don't remember what I said to him—he had told me previously that he would try and get the money from these people, but he thought they were all had—I think this conversation was at the Mitre somewhere before Christmas—he did not pay for the goods that he had himself—the names he referred to as bad were Dewing, Eyres, Masters—in fact, all of them—Haygarth was one, and Woolley, he had a letter from my lawyers—the goods supplied to Mrs. Haygarth were on Rogers's order—this is it, dated December 9th, amounting to 113l.—there was a lady's gold watch and a number of things—Mrs. Haygarth afterwards told me that she had the watch and ring—she did not return them to me—I think I saw them in the hands of the police—that was after I had taken criminal proceedings—I have not been paid anything in respect of those goods, or in respect of Masters's—the orders which

Rogers obtained amounted altogether to about 250l., of which he paid 6l.—I paid him his salary for seven or eight weeks, which amounted to more than I received from him—all the goods were lost to me—he only returned empty cases and goods worth about 5l.—I subsequently joined Mr. Richmond and took proceedings—I issued a warrant against Rogers—in consequence of something I heard I went to No. 141, Aldersgate Street in December or the beginning of January—the name of W. E. Hope and Co. was up there—I saw Guyott there—I asked him who Hope and Co. was—at first he wanted to know my business—I mentioned Rogers's name and Harding's, and said "I hear they carry on business here as auctioneers"—he said "Oh no, nothing of the kind; Rogers occasionally comes here and sells goods for me by auction, that is all; he is no partner in this concern"—we had some talk, and I let him into the secret that I had been swindled—he said "Well, if you will let me collect your accounts, I will charge you a nominal commission for it"—I afterwards had three letters from him, but he never had anything to collect for me—among other persons who Rogers introduced was a man called Humbert—I saw him at No. 141, Aldersgate Street by appointment—he had goods and did not pay—I had this letter from him on 12th February, 1883, stating he would pay his account of 8l. 15s. by monthly instalments; but I got no money—this is the written reference of Norton, Bower, and Co., which was given me to induce me take Rogers into my service. (Dated 1st November, 1882, stating they considered him a good traveller, very energetic and respectable.) I went to the place two or three days afterwards, but it was closed—the name of Norton, Bower, and Co. was on the door—I saw the housekeeper, but she knew nothing about them—I took the sureties of Miller and Woolley, and on their bond I took Rogers; Woolley's was afterwards—these letters are my writing. (These were found in Guyott's possession, and contained particulars of accounts due from Humbert, W. Rogers, and others.)

Cross-examined by MR. GEOGHEGAN. Rogers was in my service about two months—Mr. Wolfson is not my traveller now—I simply employed him to deliver a letter to Woolley—I sent him for 20l. due to me—I did not send him to make inquiry about Woolley before accepting his bond—Woolley was a stranger to me—I made inquiry about him, and found he was a surveyor and builder at Wimbledon—I was given to understand so by Rogers—I did not take the trouble to verify it—I accepted Rogers as traveller before Woolley gave me his bond—I accepted him on the faith of Miller—Woolley was an additional surety—the arrangement was that Rogers should account to me once a week for the moneys he received—he did so at first—he did at the time Woolley gave his bond, with the exception of about nine days—he did not do so afterwards—I did not tell Woolley that he had not—3l., part of Woolley's account, was for re-silvering some candelabras—I took those myself to Woolley's house—he gave me a bill at three months through Rogers, but that was not with my consent—I never authorised Rogers to take it—I never signed it—Woolley was not sued upon that bill—he was sued on the account of 23l.—I recovered judgment; not the first time; I did the second time—at the time I tried to levy execution Woolley was in custody—I did not sue on the bill—I instructed Dodd and Longstaff to issue a writ about 26th April this year—my instructions were not to sue on the amount of a dishonoured bill—judgment was given against me

on the first trial, because the bill had not matured—afterwards when it had matured I did sue—I don't know that Woolley has said that he did not receive some of the articles—we sent in an account to him, and he never disputed it—I had no answer.

Cross-examined by MR. BEARD. I do not remember Guyott mentioning the name of Mr. A. Jenkins, 44, London Wall—he said that Hope' and Co. were worth 40,000l.—I don't remember whether it was Mr. Jenkins that he said was worth 40,000l.

Cross-examined by MR. FRITH. I don't remember when I first saw Miller; it was after Rogers had entered my service—I had the bond signed before—I spoke to Miller about Woolley, I think in the Strand—I don't know the date—it was after I had supplied Woolley with goods—I saw Miller at the Mitre Tavern, and had a conversation with him—he told me he was an accountant, and was trustee in a bankruptcy of a man named Clark, of Enfield, and that he was also a commission agent—I don't think I ascertained that he was a commission agent before I took his bond; I can't swear it—I might have spoken about it—I made inquiries about him before taking his bond, of Dodd and Longstaff—they made inquiries through their agents, and through that I accepted his bond.

Cross-examined by MR. BLACKWELL. Rogers was engaged as my traveller, to call on domestic servants and sell them jewellery—my profit would be about 30 per cent.—I did not keep him to that agreement—I did not try to sell to a Mr. Shaw, he could not get the goods out of me—it was not because my prices were so extortionate—he came to see me at Richmond—my name is Norton Coulander—I can write you my real name; you would not be able to pronounce it—it is Schauffenhausen; are you satisfied?—I come from Lebaux—I had no particular reason for leaving there.

Re-examined. I had not sold any of the 250l. worth of goods before Miller signed the bond—the bill of exchange was never signed by me—it was produced in the first action, and the defence was that the terms of credit had not expired—the goods were not sold on credit at all.

Whittard. What evidence have you that the goods were sent to me? I deny having the goods. Witness. The invoice was sent to you, and it was found at your house.

CHARLES ISMAY . I am a member of the firm of John Ismay and Co., of Northumberland Lead Works, Newcastle-on-Tyne—in April last, in answer to an advertisement, I received this letter from Rogers, 41, St. Peter Street, Islington (This referred to his late employer, Newberry and Co., of Broad Street, Ratcliff, in whose employ he had been for three years and a half and stated that he had a large connection amongst the wholesale trade, shippers, etc.)—I referred to New berry and Co., and received this reply (Dated 4th May; stating that Rogers had been in their employ three years and a half; that he left through illness, and that he was steady and Industrious, and belonged to a highly respectable family)—I took Rogers on upon that reference at a salary of 10l. a month, and a commission over a certain amount of sales—I supplied goods through him to a variety of customers—he sent me an order for a ton and a half of white lead for P. O. Hassell, 21 and 22, Charles Street, Oakley Street, Lambeth, amounting to 39l. 9s. this is the invoice--the goods were sent by steamer with this letter dated 9th June—the letter and invoice were returned through the dead

letter office—upon that I wrote to Rogers—this reply of 20th June was found on Rogers when he was arrested (This stated that Rogers had omitted to enclose the address)—among other customers he introduced W. Wright, 15, Smith Street, Bermondsey, and I supplied him with a ton of white lead, to the value of 21l.—I also supplied T. R. Tibbs, of 49, John Street, Bermondsey, with a ton and a half of white lead, value 22l.—he was described as an oilman and grocer—the terms were cash at a month—when the amount became due I inquired at the premises, and found that Tibbs had gone—I supplied customers introduced by Rogers with goods to the value of about 300l., of which I have only received 10l., and part of the goods I got back from various customers, amounting to about 120l.—we supplied two lots to Tibbs—I went with Inspector Aberline to Hassell's, and identified some of the white lead I had supplied.

Cross-examined by MR. BLACKWELL. Hassell's letter found on Rogers would come into his possession in the course of business—I got bills for some of the goods that were supplied—I think they are all due—I have not sued on any of them; I have presented them—Rogers introduced about fifteen customers—some of the bills have matured since the prisoners have been in custody—none of them have been paid.

Cross-examined by MR. BROUN. I never saw Tibbs in the course of the transactions; the order came through Rogers—I instituted inquiries about Tibbs when the account became due—I waited a month, and when I went for the money the shop was shut—that was the morning after it was due.

Re-examined. Of the 15 customers Rogers introduced only one paid; that was 10l.—there is no chance of recovering from the other 14—these are the orders I received; they are in Rogers's writing, including Wright's and Tibbs's—those two amount to 38l.—I have got back all that was sent to Wright.

JAMES COX . I am in the service of the Australian Wine Company, 8, Mill Street, Hanover Square—we had a traveller named F. Dewing, of 8, Delamere Street, Westbourne Park—he gave as a reference Brown and Miller; they answered favourably regarding him—he introduced a number of orders, upon which goods were supplied to the amount of about 100l.—only 3l. or 4l. was paid—among the customers was Whitten, 40, Gowlett Road—we supplied him with about 14l. worth of whisky—the terms were cash; we got no money—we put the matter into our solicitor's hands—the order is signed "Whittard"—we received an order through Dewing from C. Rogers, I believe that was executed—the account was sent, and the letter came back through the dead letter office.

ALICE HAYGARTH . I am a widow—in 1879 I lodged at 105, Marylebone Road—Miller was the landlord—he left the house, and I remained in it—he had notice to leave from the landlord, for non-payment of rent for one thing—I afterwards took the house, 39, Warwick Road last year—I referred the landlord to Miller—some coals and wine were delivered there—the coals came from Frankell Brothers-Miller ordered them—he was not living in the house—I did not pay for them—the wine came from the Australian Wine Company—I did not order it; I signed for it, because I thought it came as a present from my own friends—Miller did not have any of it; it was consumed by me in the house—I got some Jeyes' Sanitary Soap, I think, at the early part of this year—f believe Miller ordered it—it is almost intact now; I used very little, just as a

sample; the remainder is there, and the disinfecting fluid as well—I have seen Woolley once; I passed him when I was walking with Miller—he only spoke to him once in my presence—the bricks did not come to Warwick Road; I know nothing of them—I had a gold watch; it was left on approval—Rogers introduced it—Miller introduced Rogers to me with jewellery in the early part of this year—he was travelling for Coulander—I kept the watch till the account came in with some other things, and I told Mr. Coulander that I could not afford to keep it—I had not ordered it, and I wished to return it—I returned it to Messrs. Wontner at the earliest opportunity; that was all I had—I never had the goods which Rogers represents me to have had.

Cross-examined by MR. BLACKWELL. I received the watch from Miller—I saw Rogers once at my house in Warwick Road—he showed me some jewellery and asked me to buy it, as an ordinary traveller—I did not agree to buy it; there was nothing to suit me—he did not offer to give me any.

GEORGE THOMPSON . I am a carrier, of 71, Hatton Garden—in consequence of instructions by Messrs. Ismay, my carman delivered some white lead to the name of Tibbs, 49, John Street, Barnsbury, in June—these are the delivery orders, signed "T. R. Tibbs."

LOUIS ECKMAN . I am secretary to Jeyes' Sanitary Compounds Company, 43, Cannon Street—in October last my predecessor received a number of orders from a man named Moran—I was in the Company's service, and know all about it—among them was one for Whitten, of 40, Gowlett Road,' and we supplied goods to the amount of 4l. 0s. 3d.—this is the order and the invoice—the day following we supplied other goods to the same person to the amount of 18s.—we were not paid for either lot—a clerk named Patterson introduced a firm called Hope and Co., who gave this order: "Hope and Co., factors and general agents, 141, Aldersgate Street, R. Guyott, manager. 8th March. Please supply at earliest convenience 2 cwt. of disinfectant soap, 28s., etc."—I refused to execute that order—I wrote for a cheque in advance, and it did not come—some time last autumn Moran mentioned a firm of Norton, Bower, and Co.—Norton called at our office and I supplied him with goods to the amount of 27l. 10s. on these two orders—I never got the money—I also got an order from Moran for C. Rogers, 61, Walford Road, for 6l. odd—those goods were supplied and not paid for—we supplied Miller with goods amounting to 4l. 16s. 6d., which were not paid for—altogether on Moran's orders we supplied goods to the amount of 114l. 5s. 8d., of which we received nothing—we paid Moran 13l. 17s. commission for selling them—he was not our traveller; he was traveller to our printers, but he brought in those orders—he introduced an order from Newberry, of Bread Street, Ratcliff, and on 29th September goods were supplied to the amount of 5l. 0s. 3d.—I think there was another lot—the total amount was 12l. 17s—we were never paid—we supplied Tibbs with two lots of goods; the first lot, 1l. 8s. was paid for—he ordered a larger lot, which I declined to let him have.

Cross-examined by MR. BEARD. I called at 141, Aldersgate Street—I did not know any of their names—I don't know that Humbert has absconded—I see this document "Per W. E. Hope and Co.," with the letter "H." underneath scratched out, and then "R. Guyott" put.

Cross-examined by MR. FRITH. I never saw Miller, the order came through our agent—I knew nothing of Miller.

Cross-examined by MR. BLACKWELL. Moran was charged with these men at the police-court—I gave evidence against him—I heard that he was discharged—I was not present—the only order I had in connection with Rogers was for 4l. 17s., 7d. that was sent on Moran's order-we are of course anxious to do business; we pay our travellers to do good business—we should object to samples being taken round by other travellers.

Cross-examined by MR. BROUN. We supplied two lots to Tibbs—we were paid for the first lot by a cheque of a Mr. Knight, I believe—the goods were sent to his place in John Street; I did not go there—Tibbs came to me.

ROBERT CARR . I am a clerk in the employ of Carter, Paterson and Co., carriers—on 17th November last I received instructions to deliver a parcel of Jeyes' sanitary compound to Miller, of Maida Vale—the carman delivered it, and brought this bill to me, signed "H. Miller."

ARTHUR PEACOCK . I am a boot manufacturer, of Kingswood, near Bristol—on 26th March I received this letter (From Hill, Bevan, and Co., 32, Wilson Street, Finsbury, asking for samples). I asked for reference, and they gave Norton, Bower, and Co.—before receiving their reply I spplied goods to Hill, Bevan, and Co., to the amount of 10l. 18s—them came a further order, and I then received Norton and Bower's reply, advising me to treat with them for cash only.

Cross-examined by Whittard. I can't say whether we had a reference with the first order—the terms were 5 per cent off in a month—when we applied to you for the account you said you misunderstood the terms, and thought it was 60 days.

FRANK BRIERS (Police Sergeant G). On 25th May I had a warrant against Whittard, and on the 26th I met him at 10 o'clock at night, at 40, Gowlett Road, East Dulwich—I read the warrant to him; it was for unlawfully conspiring with others to cheat and defraud Mr. Blackborough and other—he said "The bill has not become due"—I searched his house, and found a great quantity of papers, which I gave to Mr. Wontner—I told Whittard I had been to 32, Wilson Street, a great many times, kept occasional observation there, and had seen no business going on there—that was so—there was a shop-front with glass whitewashed inside, and the name "Hill, Bevan, and Co.," painted in, and "at Glasgow"—I saw a quantity of boots there one day when I looked, and when I looked the next time they were gone—when I took Whittard into custody he said "It is a mistake about Glasgow, we have no firm in Glasgow; it ought to have been rubbed out some time ago"—he said "I am Bevan, and Mayer is Hill"—Mayer was taken following day—I found a memorandum-book in his pocket, and that led me to his address—I afterwards went to 32, Wilson Street—I saw five or six dummies made up of straw and pieces of wood, representing bottles covered over, and five or six empty bottles—anybody passing and looking in would naturally think that there were bottles inside the cases—I found two packing cases which had come from Bristol, but no other goods—on the 11th I took Guyott, at 141, Aldersgate Street—the name of "W.E. Hope and Co." was painted up there—I reat the warrant to Guyott; it was the same as the other—he said nothing then—on the way to the

station he said that Mayer had got himself into trouble, and he did not care who else he got in trouble—at the station the name of Fuller was mentioned, and he said "lam Fuller"—Mayer had been taken on 27th May, and had been before the Magistrate, and Guyott was outside the police-court at the time—Whittard and Meyer were the only two persons in custody at that time—on 26th June I took Woolley; I found him detained at the Wimbledon Police-station—I had a warrant, which I read to him; it was for conspiring with others to defraud Mr. Coulander—he said nothing then; he afterwards said he could not understand it; Mr. Coulander could have his things back; the only thing he had from Rogers was a watch, and that was in pledge—he did not say where—he also said "I only gave Rogers one reference"—nothing was known about the bricks at this time—on 27th June I had a warrant for Tibbs, described as of 49, John Street, Liverpool Road; I went there and found the house closed—I sought for him elsewhere between then and 1st August, but was not able to find him till then, when in consequence of information I went to Carlton Terrace, Lower Tooting—the name of Deane was on the door; I saw Tibbs behind the counter; it was a grocery and beer business, an off-licence—when he saw me ran from behind the counter into a back room; I went after him, but was stopped in the doorway by his wife, or a female, and I could not get through; I found he had gone through the garden at the back, and he got away—it was about 10 at night—I found him next morning detained by the police at Wandsworth Common—I read the warrant to him; it was for conspiring with Rogers to defraud Mr. Ismay; he said nothing then; he afterwards said that the only transaction he had with Rogers was one half-ton of white lead—he was charged in the name of Styles at the station.

Cross-examined by MR. FULTON. I was not present when Hope was taken—I have heard that his name is Griffiths—I don't know that he is a collector for the New River Company—he was admitted to bail at the police-court, which I believe the police assented to.

Cross-examined by MR. GEOGHEGAN. Woolley is a builder and surveyor at Wimbledon—I went to Griffiths Road, Wimbledon, and saw two houses building, and the foundations of two others—I heard that Woolley was building them, and that the bricks had been identified—he has been on bail—I have made inquiries there and have heard nothing against him.

Cross-examined by Whittard. My attention was drawn by goods being sent in—I never heard a report of it being a dynamite manufactory—I looked through the door and saw some cases of wines and spirits.

Cross-examined by MR. BROUN. I saw the name of Tibbs up at Bermondsey—Berry arrested Rogers—when I went to Tooting, Tibbs was behind the counter serving a little girl—he saw me and ran out of the shop—I had gone past the shop three or four times—when I went in, his wife stopped me in the passage, and immediately I got over the doorstep he ran out.

Cross-examined by Bixton. Nine men were sent for trial for the July Session, and I did not take Tibbs till August.

EMILE JOSEPHENE . I am a wine merchant of Tooley Street—in September, 1882, Rogers answered an advertisement, and applied to me for a traveller's place; he referred me to Mr. Miller, of 104, Elgin Road, and Gillies and Co., 38, Devonshire Road, Holloway—I got these answers

from them (Both recommending Rogers as a good salesman)—on that I employed him for about a fortnight—he sent me some orders amounting to about 10l., and I received a letter from a Mr. Deving about an order which I never received, and one order which I declined to execute—I executed one for Mr. Miller amounting to 2l. 10s., and have not been paid, though I sent my collector—I went to the police-court for a summons.

Cross-examined. I did not go there because a summons was taken out against me—I did not lay an information against Rogers—Mr. Deving wrote complaining that I had not executed his order, but I had never received it.

Cross-examined by MR. FRITH. I never saw Miller and do not know whether that letter was written by him, or whether he is the Miller whose name is on the letter.

THOMAS BLACKBOROUGH . I am a wine merchant, of 22, High Street, Bristol—I knew Mayer in business there; he left three Years ago, since when I have only seen him once or twice—early in this year I heard from him and he proposed to sell my business for me, and pending the sale to introduce customers to me, who were to be gentlemen, friends of his, and he guaranteed that they should be men of money—I received this letter from him. (Enclosing an order from T. Bevan, Esq., 12, Wilson Street, Finsbury, for port, sherry, and spirits, amounting to 23l. 8s.) I forwarded it and received this letter from Mayer, dated March 17. (This stated that Mr. Bevan was pleased with the wine, and enclosed an order from Mr. Whittard for port, sherry, rum, &c., amounting to 17l. 5s.) I executed that order and also this other. (This was from Thomas Hill, for champagne, amounting to 8l. 5s.) I believe that to be Mayer's writing, but I cannot swear to it—I also received this order from Mayer for whisky and champagne for J. Whittard; and this other order from J. Hill, which was sent—this is the last statement we delivered to Hill, Bevan, and Co. (Amounting to 93l. 4s.)—on April 17 I received this letter from Norton, Bower, and Co. (Ordering four cases of champagne for a wedding.) I replied by this letter (Asking for cash or a reference) and received this letter (Objecting to give references outside their own trade, and stating that the cash would be forwarded, less 5 per cent, discount. A telegram from Mayer to the witness was also put in, requesting Norton, Bower, and Co.'s wine to be sent that night.) We wrote and received this reply—we did not send the wine, but wrote to Mayer on the 25th, and when the payment for the first parcel came due we applied for it, but were never paid for any of the lots—I believed that Hill, Bower, and Co. were distinct from Mayer, and were men of credit and respectability, and that Whittard was a private gentleman and a merchant—I have not been paid anything for all those orders, and have lost about 90l.

Cross-examined by MR. FULTON. Mayer was a leather factor when I knew him in Bristol; he was considered a man of respectability and substance, but he failed in Bristol.

Cross-examined by Whittard. I took proceedings from inquiries my manager made when he came to London—I am not aware that the money was not paid because you were ill and confined to your house.

Cross-examined by Mayer. We have often done business together, and I had no cause of complaint; I was always promptly paid—I found you honest up to the time you left Bristol—I advertised your business to sell it for you—I believe, but I will not swear, that the letter from Hill, Bevan,

and Co. was written by you—it is my opinion that all these letters are yours—the terms were cash at two months, less 5 percent.

By the COURT. I do not think this letter of Whittard's is the same; I think one has been written with a steel pen and the other with a quill, but, making that allowance, I do not think the letter to the Company is the same writing as the other, nor the writing of the person who wrote this letter with a black border.

Re-examined by MR. BESLEY. It is upwards of three years since Mayer failed in Bristol; he has not resided there since, but I once saw him there for a day or two—he said in my hearing that he wrote this private letter—these other letters do not appear to be in Mayer's writing, but the signature of Bowen does—an invoice was sent with each parcel, and the goods and invoice were addrecsed to 32, Wilson Street—I do not think this statement (produced) was sent; it was only made out for my use in Court—I had no knowledge of Whittard, and not the slightest knowledge that he was Hill—I think I have seen Mayer sign his name "Hill Mayer"—I did not know that he was a partner in a company—I never got a farthing for any of the goods.

FREDERICK HENRY SMITHERS . I keep the Red Lion Tavern, Wilson Street, Finsbury, and know Whittard and Mayer, or Hill, Bowen, and Co.—they offered me some whisky for sale and left it at my house in brandy cases—I would not have anything to do with it and they took it away—they said that I could have it at any price, it was only sent for samples—I did not like the look of it, and actually paid part of the expense of removing it.

Cross-examined by Mayer. There were only two small cases.

WILLING JOHN EDWARDS . I live at Kingswood, near Bristol, and am a boot manufacturer—in August, 1881, I received these letters from Bolt and Neward, of Newgate Street. (Requesting the witness to send goods to their boot and shoe sale; and a second letter signed "W. E. Hope and Co.," dated 19th January, 1882, again requesting the witness to send a consignment for sale, and stated that they were continuing the auction business of Bolt and Neward; and another letter to the witness, enclosing cheque for 3l. on account, was signed "W. E. Hope and Co. A. S. Mayer, Manager.") We sent Hope and Co. a small parcel of goods in February, 1882, and they were paid for; and in September we sent them goods amounting to 9l. 8s. 6d., which were not paid for—before sending them we received this letter (Offering to put goods into their next catalogue for sale, and signed "R. Guyott,") In September I placed the matter in my solicitor's hands, and obtained judgment in the County Court—on 30th April I received this letter from Hill, Bowen, and Co., and then this other (produced), and recognised the writing as the same as that coming from Hope and Co., and put the matter in my solicitor's hands.

Cross-examined by MR. FULTON. I had only one transaction with Hope and Co.—that was in February, 1882—I put a reserve on them, and the money was remitted in two amounts—I also consigned goods to them for Bale in September, 1882, and put on them a reserve price—we had no dispute, but we asked them to send a cheque or return the goods, and received these five letters.

Cross-examined by Mayer. In January last, when you were manager to Messrs. Hope, a parcel of goods was sent and paid for, and after your

name ceased as manager another name was put in its place—I believe no memoranda are signed by you after that date.

Re-examined. I received these letters in reference to the things sent to Hope and Co. (Two of these were signed "R. Guyott, for W. E. Hope and Co., and one of them stated that a cheque had not been sent in consequence of a change of partners in the firm.) This letter was then sent. (From Mr. E. W. Beak, stating that he was instructed to apply for 8l. 9s. 6d. with 6s. 8d. costs.) This letter was then sent to my solicitor. (Promising to send the money next week.) On 20th December this letter was sent to my solicitor. (Stating that he had no means of communicating with his principal, who was away on business. Signed "R. Guyott, Manager.") After that proceedings commenced in the County Court, but I did not get my money.

Cross-examined by Whittard. I sent no goods through Bevan and Co.—BOYCOTT. I found this paper on Hope and Co.'s premises. (A County Court judgment for 12l. 4s. 6d. and an order to the defendant to pay the same on 5th April).

JABEZ BEVAN . I am a boot and shoe manufacturer at Hanham, near Bristol—I received this inquiry note on a printed form of Hill, Bevan, and Co., dated 2nd April, 1883, stating: "Please send quotation of prices; we have large orders for the Cape, and if you put the prices right can give you orders"—I had never had any communication from them before, and knew nothing about them—I believed it was a real firm, carrying on business—this letter of 10th April, found at 32, Wilson St., was my reply, sending quotations—I sent goods as samples amounting to six guineas with this invoice which was found at Wilson Street—I received this acknowledgment of the receipt of the goods from Hill, Bevan, and Co. on 13th April—I received a further order for more goods, in consequence of which I required references—I received this reply. (Referring to Norton, Bower, and Co, 66, Holborn Viaduct), and on 19th April I received this letter from Norton, Bower, and Co.: 'We have known, Hill, Bevan, and Co. the last years. All business transactions have been promptly settled, and think them trustworthy to any moderate amount." I did not act upon that, and did not part with any more goods—I never received the six guineas or any portion of it.

FRANK LINDSAY SMITH . I am a boot manufacturer in King Square, Bristol—on 2nd May I received this letter from Hill, Bevan, and Co., 32, Wilson Street, Finsbury, requesting prices of boots and shoes—I sent a list, and received this order for about 30l. worth of goods and a reference to Heath and Young, Barbican, and Norton, Bower, and Co., 66, Holborn Viaduct—I wrote to those references, and received this reply from Heath and Young: "In confidence. We should advise you not to send any goods." Norton, Bower, and Co., stated them to be trustworthy—I did not send any goods.

WILLIAM SHEPPARD . I am an electro-plater, of 28, Mary Street, St. Paul's Place, Birmingham—on 26th February this year I received this memorandum from W. E. Hope and Co.: "Let us know the prices of cheap electro-plates, similar to what we had before, as we are opening up that branch of business." We had supplied them with some things in February, 1882—in consequence of this memorandum of 26th February I sent them some things amounting to 5l. 2s. 3d.—they were paid for—I then had this order for tea and coffee-pots, cruets, and other

things, amounting to 12l. 6s. (Several letters tare then read, the remit being that a bill of exchange was sent to the witness, which he returned.) On 3rd May I received two letters, enclosing two halves of a 5l. Bank of England note and a further order for goods—I wrote for the balance, 7l. 6s.—that has never been paid.

Cross-examined by MR. FULTON. None of the goods have been returned to me—I have seen one or two articles that were left—the first transaction in 1882 was monthly—the last was supposed to be a month's credit.

Re-examined. There was an attempt to get more goods from me, amounting to 30l., but I did not send them.

DAVID STAWLEY . I am a jeweller at Birmingham—on 8th February, 1883, I received this letter on a memorandum form of W. E. Hope and Co. (On this form the name of "Mayer" as manager was struck out, and "Guyott" inserted; it requested a few patterns and designs of gilt chains.) I then received this letter of 12th February: "Will thank you to let us know of a few firms who finish alberts, &c., also some makers of cheap electro-plate and Britannia metal goods." I received this post-card on 22nd February, signed "W. E. Hope and Co.":—" We are waiting for the samples of chains ordered; please send them to Button and Co. at once." This is my reply; it was found at 141, Aldersgate Street—I forwarded the chains; they came to 4l. 8s. 8d.—the terms were 5 per cent. off for cash—on 20th March I received this letter stating that Mr. Hope was ill and had not come to business, but that a post-office order would come next day—it did not come—a plaint was then taken out in the County Court, and while it was taking place I heard of this prosecution—I parted with my goods believing that Hope and Co. was a real firm.

WILLIAM WRIGHT . I am a jeweller, of 15, Augustus Street, Birmingham—on 26th April I supplied Hope and Co. with lockets and other goods amounting to 7l. 4s., and on the 21st I sent other goods amounting to 6l.—I believed it to be a genuine firm—I wrote for the account and went to 141, Aldersgate Street three times—I saw Guyott there and pressed him for the account—I did not get it.

Cross-examined by MR. FULTON. The net amount of the first transaction was 2l. 13s. 6d. those were samples; nothing else was paid for, nor any goods returned, nor even the packing cases, they were found in the cellar at 141—yes, I do remember receiving back six imitation diamond studs, costing 1l. 1s., they were too costly for them, they were part of the samples.

RICHARD TOPLIFF . I am a wheelwright, of 12, Lavender Road, Clapham Junction—on 14th June, 1882, I attended a sale at Suffolk Grove, Southwark—this is a catalogue of the sale—Mayer acted as auctioneer—the catalogue is headed "Great clearance sale, without reserve, by W. E. Hope and Co."—I bought three or four lots, which I paid for at the close of the sale—I did not get the goods—I went for them about three times, first to Grove Road and then to Aldersgate Street—I saw Guyott there and asked for the return of my money; I did not pet that or the goods—I saw Mr. Hope as well as Guyott a week or two after—he said he was restrained from delivering the gods, that he would be most happy to give me the money, but he was ordered to part with nothing connected with the sale—I then took proceedings against Hope—

I knew him by that name until they told me at the Southwark County Court that it was Griffiths—the amount of the transaction altogether was about 7l., debt and costs—I put in an execution at his private house, Tring; Villa, Whittington Road, Wood Green; the execution was turned out by a marriage settlement—I did not get my money—I met Hope in Moorgate Street, about a year afterwards; I think it was on the Wednesday previous to his committal—I asked him to settle the account—he said "I would, but I am restrained; I am stubborn over it, and I won't part with it until I know I am obliged to; if I do I shall have to pay all the others, and no end of expense"—after that I received this letter from him: "14th July, 1883.—Dear Sir,—Since our interview on Wednesday last I have consulted my solicitor, and by his advice I shall be able to come to an agreement with you on Wednesday next if you will forward me by return of post a list of the goods purchased by you on the three days' sale respectively—should you see Mr. Bolt or Mr. Targent tell them I shall be able to settle with them."—those were people who, like myself, had purchased goods at the sale and paid a deposit on them.

Cross-examined by MR. FULTON. It was on 14th June, 1882, that I attended the sale—at that time Mayer was managing the business—I don't know the date of the restraining order—I did not see it at Hope's—I was told about it—I paid the money to Hope's brother—he was a clerk in the business—I saw the defendant Hope on the third day of the sale in the sale room.

STEPHEN MARONY (Detective Sergeant). On 26th May, this year, I took Mayer into custody at 9, Victoria Terrace, Black Boy Lane, Tottenham—it is a private house of two floors—he was a lodger—I read the warrant to him, it was for being concerned with others in conspiracy and fraud on Mr. Blackborough—he said "I can't understand the thing, it seems such an absurd thing; Mr. Blackborough could not have taken out the warrant, as I had a letter from him yesterday"—he was searched by Sergeant Briers, a quantity of papers was found in his possession and some keys—I tiled one to the warehouse in Wilson Street—I was present when that was searched and the straw covers found—I saw no ledger or day book, or any book of accounts—on Monday, 25th June, I took Miller on a warrant at the Mitre Hotel, Fleet Street—I read the warrant to him, it was for being concerned with others in conspiring to obtain goods of Mr. Coulander—he said "I don't know anything about it"—I found on him a quantity of papers. which I handed over to Messrs. Wontner—I found 7l. 15s. 2d. on Miller—none was found on Mayer.

Cross-examined by MR. FRITH. Among the papers was an appointment of Miller as trustee in the bankruptcy of a man named Clark.

ALFRED BEWRER . I am a brick and tile merchant at Tanbridge, Godstone, Surrey—I have a partner named Whitting—somewhere about 17th April last, Woolley called on me—he took away a brick as a sample—I received this letter of 17th. (This had a printed heading of W. W. Woolley, surveyor and builder, Gladstone Road, Wimbledon, Surrey, ordering two truck loads of bricks, and referring to Miller as a guarantee for payment.) I replied on the 19th, stating that I would forward the bricks on receip of the money—on that same day I received this, "I omitted to state tha the bricks are required for the Merton Abbey station, S. W."—in accord

ance with the first letter, I wrote to Miller, and received this reply: "I am quite willing to guarantee the payment of the account monthly that you may supply. W. Woolley"—on 20th and 28th I received these two letters from Woolley, urging the supply of the bricks and directing a duplicate invoice to be sent to Miller—I did send a copy invoice to Miller—the last supply was on 24th May—the total amount was 28l. 16s.—I have never received a penny.

Cross-examined by MR. WARBURTON. I don't know that I said to Woolley when he first called that I was not very particular as to payment for a short time—I might have said so—I knew that he was a builder and contractor at Wimbledon, by his letters—I had no reason to doubt it—I have been there, and some houses were pointed out to me where I taw some of my bricks, not loose, in the walls; if it had not been for the police I should not have brought this charge—I was subpoenaed—I sent in my bill, but made no other application—I don't think Woolley said that he expected three months' credit—I don't recollect it—that is generally the custom—sometimes we get cash before; not very often.

Cross-examined by MR. FRITH. I supplied the bricks to Woolley after getting Miller's letter—I did not go down and make inquiry before supplying them—I did not know out what Woolley was a person of credit and respectability, or I should not have sent the bricks.

Re-examined. I have neither got my money nor my bricks.

HENRY POOLE . I am a brickmaker at East Tycherly, near Stockbridge—on 23rd April I received this letter from Woolley, dated from Gladstone Road, Wimbledon, asking for prices—I sent them, and on 7th If ay received this order for a truck at 32s. 6d. per ton—I sent him 2,000 bricks; and from other orders I sent on 16th May two trucks more; on 24th May two trucks more; on 31st May 2,000 more; and on 25th June two trucks more, amounting altogether to 29l. 5s.—I have never been paid—he referred to Miller, who replied that he considered him trustworthy, and had always kept his engagements.

Cross-examined by MR. WARBURTON. I supplied the last lot on 25th June—we don't allow three months credit to strangers—we have done so in some cases—I suppose I should not have preferred this charge but for the police.

WILLIAM MORLEY FRENCH . I am clerk to Messrs. Wontner and Sons, agents to the Treasury, who are conducting the prosecution—these 14 letters and two post-cards were handed to the firm as found on Miller. (These were addressed to Miller; some were signed "J. W. Woolley" and some "J. W. W"). These other two letters were also found on Miller. (Also from Miller to Woolley, one of which stated that he had answered the letter of the Paint Company, as he had eleven houses to paint.)

FREDERICK GOODALL . I am a colour manufacturer, of Crumford, near Derby—I received this letter. (Dated 11th March, from Alfred Bixton, asking for a list of colours and paints, ordering goods, and referring to Newberry and Co., 15, Broad Street, Ratcliff.) I wrote to Newberry and Co., and received this answer. (Stating that they had done business M Mr. Bixton to the amount of 30l., and considered him safe for that amount.) I then supplied goods to the amount of 11l. 8s. 8d., and received a further order amounting to 14l. 1s. 11d. but have never been paid.

Cross-examined by Bixton. I have not taken any proceedings—I suppose the police have I should not have taken criminal proceedings

Simply because it was not worth it—I have only seen the outside of a cask of red paint—I do not know whether it has been adulterated.

HENRY FARNSWORTH . I am in business as Farnsworth Brothers, colour makers at Matlock—on 13th March, 1883, we received this memorandum on a printed heading of Alfred Bixton, asking for the price of ivory black—I replied, and received this order. (For three cwt. at 37s. and three cwt. at 29s.) We wrote for references, and on 24th March received this letter (Referring to Newberry and Co., 15, Broad Street, Ratcliff.) We inquired, and got an answer that Bixton was good for the amount mentioned, 20l.—we then got this telegram from Bixton: "Please forward six casks of ivory black, we have to deliver on Tuesday"—we wired to him to say that we would try to do it—he then wrote: "Gentlemen, your telegram to hand, kindly let me have catalogue of colours"—altogether the goods we supplied amounted to 19l. odd—I afterwards saw some of them in Chandler's possession—I knew them by the marks on the casks—12s. per cwt. would not be a proper price for them—I believed Bixton was carrying on a genuine business, and it was through Newberry I sent the second order—we have never been paid.

Cross-examined by Bixton. We did not take proceedings—I have not looked inside the casks at Chandler's to see whether the black had been adulterated—some black is sold at less than 12s., but not ivory black.

Re-examined. The cask is ours—it bears no evidence of having been opened—32s. is a fair price for it—I saw two casks and two kegs at Chandler's, and recognised them all—some of it is called Black-drop, the market price of which is 5l. a ton—the two casks sent to Bixton was 12 cwt., deducting the tare.

CHRISTOPHER CHANDLER . I am a drysalter, of Artillery Street, Bermondsey—I bought of Bixton for 12s. a cwt. the ivory black and blackdrop mentioned in the invoice (produced)—they are the casks Mr. Farnsworth saw—I opened them and nailed them up again—I bought 6 cwt. out of 12 cwt.—I think it was brought when I was out, and my clerk paid him 30s. till I came back—I bought the two kegs on 24th April—that is 5 cwt. at 13s. a cwt.—that is all that is mentioned on this paper—I bought it of Wright; I have not seen him since—I don't know that I have ever seen him with Bixton—I also bought of Wright some essence of lemon for 5s. a pound—I don't know the date, but I sold it about three days afterwards, on 5th June—this is my invoice—it weighed about 9 lbs.—there were six carboys, and I returned five of them—I sold it at 5s. 6d. a pound to Mr. Paton, of 229, Rotherhithe—I entered the sales by Bixton and by Wright in my books, but I did not know that they were connected.

Cross-examined by Bixton. I opened one carboy and returned the other five as being too much reduced—I gave the market price for it—I cannot say that it has been adulterated—we can weaken it a very little without impairing the flavour—12s. a hundredweight is a fair price for the black.

RUSSELL MORRIS . I am a merchant, of 2, Fen Court—on 11th May Bixton applied to me for a sample of essence of lemon, which I supplied, and then received this order from him (produced) for four original 12-pound coppers—I asked for a reference, and he gave "Rogers, 41, St. Peter Street, London," from whom I received this reply. (Signed "Edmund C. Rogers." stating that he should be inclined to give Bixton credit to the extent of 100l.)—I supplied goods value 13l. 7s. 8d. in one parcel

and 33l. 5s. 8d. in another, terms 14 days—I have never been paid—I believed Bixton was carrying on a genuine trade—I have seen one of my coppers of lemon in Chandler's possession—I charged 5s. 6d. for part and 5s. for the rest.

Cross-examined by MR. BLACKMAN. I knew nothing about Rogers—I first let Bixton have 13l. worth without a reference; I then asked for a reference, and let him have the 33l. worth afterwards, which I would not have done without the reference; the answer made me trust him.

Cross-examined by Bixton. The money was due on 9th June, but you had gone before that.

CHARLES MCCOMBY . I am manager to Mr. Chescross, a merchant, of Mincing Lane—on 11th May we received this memorandum from Alfred Bixton, of 17, Tower Hill. (Asking for samples and prices of essence of lesson)—we sent them, and on 16th May we received an order for two 20 lbs. at 5s. 3d.—we sent two coppers and an empty copper, value 11l. 11s. 1d.—on 18th May he wrote: "Gentlemen,—I will take the remaining six coppers"—I then asked for a reference, and he gave me the name of Rogers, of 41, Peter Street, Islington—I wrote there and got this answer. (Stating that Mr. Bixton had not been in business more than three months, but he would consider him good for 100l.)—I did not execute the second order, but wrote on 4th June: "Sir,—As your account for 11l. 11s. 1d. is overdue, unless it is paid by 12 o'clock to-morrow I shall enter proceedings against you"—I have never been paid, and never saw my goods again.

Cross-examined by Bixton. The account was due on 2nd June, but from what I saw and heard I complained to the police before that—I had applied for payment and was put off with promises—I have a witness who put my letters into your box.

Cross-examined by MR. BLACKWELL. I had not made up my mind to have nothing to do with Bixton before applying to Rogers—I made private inquiries about Rogers at the same time, as my suspicions were aroused.

Re-examined. I did not know that Rogers only used a friend's bed at 41, Peter Street.

EDWARD CHITTY . I am a maker of philosophical instruments at 36, Brook Street, Holborn—in April last I received this order. (From Alfred Bixton, mineral water manufacturer, for one dozen one-ounce, one dozen twoounce, and one dozen four-ounce measures)—I supplied them without a reference—I then received this: "Dear Sir,—Kindly supply remainder of order"—I then forwarded other goods, and on 9th May he wrote for six dozen thermometers as soon as possible—some went at that time, and some later, to the amount of 9l.—I never got paid; I went to Tower Hill several times for the money, and saw a few of my thermometers hanging in the shop, but I only saw him once—about the same time I received an order from Newberry, and sent him funnels and tumblers, as represented by these invoices, amounting to 9l. 1s. 9d.—I then received these orders. (For funnels and medicine bottles), and on 14th June Tibbs, I believe, gave me this order. (Memorandum from Tibbs and Co.: "Dear Sir,—Please send two dozen lactometers with paper scale, and two dozen with ivory scale," &co.,)—I sent those goods to Tibbs—(MR. COULANDER here stated that the order teas in Rogers's writing.)—I never got my money; it amounted to 4l. 3s.—I called several times in St. John Street and saw a man who I think was Rogers, and asked for my money—I summoned him for it,

and when I went again the shop was shut up, and I did not see him again till he was in custody—I did not know of his being at Lower Tooting—I believed that it was a real firm till I went and saw the place.

Cross-examined by MR. BLACKWELL. It was not Tibbs who I saw, but I will not swear it was Rogers.

Cross-examined by MR. WARBURTON. I belive the name of Tibbs is over the shop—I went there several times—I only had one order, and that came by post—the goods were to be paid for on delivery.

Cross-examined by Bixton. I did not give you three months' credit on the glasses, but the messenger left the goods by mistake, without the money—I believe an invoice was sent—I applied four or five times personally for payment—the shop was locked up—I saw a boy at the back, but could not make anybody hear.

MATTHEW JEFFRESON . I manage the London business of Hinchcliff and Co., Minories—on 31st March Bixton called on me, and I showed him some samples of oil and minerals—he said that his name was Bixton, of Tower Hill, and he was a druggist's salesman and mineral water manufacturer at Walworth—he gave me this order for a sample of lemon essence, at 8s. 3d. per pound, and another at 8s. 9d., a sample of vanilla at 9s., and one of pepperment at 9s. 6d., which I supplied—on 9th April I received this order. (For two coppers of essence of lemon at 8s. 3d. for cash in 14 days.) I executed that, and about 18th or 19th April called at Tower Hill and saw Bixton, and tried to get the money—it was not forthcoming, but he gave me another order for two coppers of lemon at 8s. 3d. and three at 8s. 9d.—I saw Newberry behind the counter there once—the value of the goods I supplied is 34l. 16s. 8d—I have never been paid—on 6th April I received this letter from Newberry and Co. (Asking for samples before entering largely into business.) A portion of that order was executed; he only got goods to the value of 3l. 4s.—I wrote to him for cash, and he wrote this letter. (Stating that he had not received any invoice, and canceling the order.) I received these documents from Bixton and handed them to Messrs. Wontner.

Cross-examined by Bixton. You gave your address at Walworth, and you had it on your memoranda—I don't remember having a card from 17, Tower Hill.

Re-examined. This is the memorandum I had from Bixton: "May 3rd, 1883. Dear Sir,—I tried to let you have your small account to-day, but was unable to pay it; I must forego my discount. Alfred Bixton"—I sued him in the Mayor's Court, but have not been paid—this (produced) is one of the bills I sent to Newberry.

EDWARD KNOWLES HEAPS . I am a stove manufacturer in Yorkshire—I received this letter from Newberry and Co. (Ordering stoves), and on 12th January I sent him a cooking-stove, price 8l., another price 4l., and another price 2l., and the crate, 5s., made 15l. 2s. 6d.—I was to be paid on 12th April, but never was paid, though I applied for my money—these are two of my cards (Found at Newberry's).

FREDERICK BROOKS . I am traveller to William Alway and Son, tea merchants, of Whitehouse Street—I received this letter from F. R. Tibbs, grocer, of John Street, Liverpool Road, applying to be my agent. (MR. COULANDER stated that he believed this to be Rogers's writing.) I went and saw Tibbs next day and received an order for 1l. 3s. 3d., which was paid, and during May I supplied him with tea, amounting to 30l. 2s. 4d.—I

repeatedly applied for payment, but never got it—I saw Tibbs a great many times, and he promised to pay me.

Cross-examined by MR. BLACKWELL. It was in packets—he pushed my trade very well—his name was up—I sometimes went there three or four times a week.

CHARLES DACE . I am the London agent of Bartlett and Son, of Bristol—on 29th March, 1882, I received this memorandum form. (From W. Styles, of Tooting, asking for price-list of currant cleaners and chaffcutters.) I sent goods value 6l. 10s. for cash—I called several times, but did not see Styles, only his wife, who said that he was always engaged in the day, and could only be seen before 9 a.m. and after 8 p.m.—I have been to see her since and she has removed.

Cross-examined by MR. WARBURTON. I heard that she and her six small children had died of smallpox, so I ceased my inquiries—I have not been to Garrard Lane.

ELIZABETH HUMPHREYS . I live at 41, St. Peter's Street. Islington—a friend of Rogers's had a bedroom in my house, which Rogers used, and letters came for him there—he had no essential oils there.

EUGENE GUETTIER . I live at 61, Walford Road, South Hornsey—Rogers occupied a room in my house—he did not carry on any business, but a few goods were delivered there—inquiries were made after he left.

ALFRED GEORGE CHATELAINE . I live at Merton College, Surrey, and own No. 102, Gladstone Road, where Woolley lived—he was living then when I bought it—it is a small place, 28l. a year.

Cross-examined by MR. WARBURTON. I was bail for him in 100l., and I consented to have it doubled—I have only known him three or four years carrying on a legitimate trade—he is building four houses—his daughter has been for some time a pupil teacher in the Merton Schools, and his son is in the church choir—he has collected debts for me, and always paid me the money.

HENRY WHIFFEN . My firm acts as secretary to the Broad Street Dwellings Company—this agreement (produced) was signed by White-head, letting him a shop and basement at 22, Wilson Street, Finsbury, at 52l. per annum, monthly in advance—he referred to C. Norton, of 61, Holborn Viaduct, and Messrs. Hope, 141, Aldersgate Street—I wrote to them and received these replies. (Stating that Whittard was respectable and good for the amount named, 52l.)—no rent was paid.

Cross-examined by Whittard. You said you were engaged in the water-proof clothing trade—I believe I said that it was not actually necessary to pay in advance, but as a precaution against bankruptcy—you said you wanted it as a sample room.

JOHN FLANNAGHAN . I am superintendent of the Broad Street Building Company—before 32, Wilson Street was let I saw Whittard and Mayer go there together—I understood that Mayer was traveller to the firm.

Cross-examined by Whittard. There was only one key—I did not keep one in case of fire—your rent was three months over-due, and I put a notice into your box.

RHODA SUMMERS . I am housekeeper at 66, Holborn Viaduct—Charles Norton, a commission agent for Norton, Bower, and Son, had an office there—he came in June, 1882, and left in March, 1883—he paid one quarter and part of the next, and then we had to turn him out—I received

a letter from him from Paris, asking me to return his letters to the post-office if there were any.

CHARLES CLAYTON . I am landlord of 141, Attenuate Street, which I let at 2l. a week to a person named Hope, the third prisoner, for an auctioneer's business—I let it to his foreman manager, Mayer, who signed this agreement, and after it was let I saw Hope—I did not trouble to collect the rent weekly; it went on for six weeks or two months—they stayed two or three months, and I saw Hope there four or five times, but I did not often go there—after Mayer left, which I was told was for drunkenness, Guyott carried on the business—when I was subpoenaed to Worship Street I learned that Hope was Griffiths—a little rent is still due.

Cross-examined by MR. FULTON. Three months' rent may have been due at the time of the proceedings at Worship Street—I had no difficulty in getting the rent till he was in difficulties, and then I did not press the matter—I ascertained that he had been a collector in the New River Company for a number years—I did not see Hope take any active part in the business; he was very seldom there; I think he left it to his manager, Mayer; he always acted in a straightforward, businesslike manner to me, and I have nothing to complain about.

Cross-examined by MR. BEARD. About the end last year Guyott said that he was going to make a change in the firm—I don't remember his saying that it was owing to ill-health.

Re-examined. I did not inquire of the New River Company; Mayer told me that Hope was employed there—after Mayer left, forms came out with "R. Guyott, manager," on them—I have never been told that that arrangement has been given up—no explanation was given about changing it to Fuller, Guyott, and Co.—I very seldom saw Mr. Fuller there—I was only there half a dozen times waiting ten or twenty minutes for him—they had been there since 1882.

CHARLOTTE BASSETT . I am housekeeper at 62, Holborn Viaduct—a room on the first floor was let to Gilles and Co. from January to August, 1882, and the name of Gilles, Whittard, and Co. was on the door—I only knew Mr. Gilles, but Rogers and Roberts came there, and letters came for Rogers—I never saw Mr Whittard, but Gilles told me to take in letters addressed to Whittard, Rogers, or Roberts—he said that Rogers was agent to a Brewery Company—Gilles left for not paying his rent.

Cross-examined by MR. BLACKWELL. Gilles was agent to Barrett and Co., aerated water dealers—I only remember one letter coming for Rogers, there might have been more—I did not know that he was travelling for a firm of brewers.

SARAH GRACE DEARDON . I live at 38, Devonshire Road, Holloway—Gilles lived there from August, 1882, to February, 1888, and occupied three rooms on the first floor, unfurnished—no business was carried on—he left no address.

ARTHUR COLLIER . I live at 90, Oakley Street, Lambeth, and my father is landlord 21 and 22, Charles Street, Oakley Street—about May, I let premises to Bixton in the name of P. 0. Hope and Co. at 9s. a week—he remained about six weeks and was then arrested—no business was carried on—some lead arrived—he paid 15s. on account of rent.

ALFRED WHITE . I am a painter, of No. 5, Hampton Street, Walworth—I let Bixton a warehouse in April for manufacturing mineral waters—

no business was done—one van of goods came, but they were taken away.

Cross-examined by Bixton. I do not know whether you would manufacture mineral waters in a place up two flights of steps—the police inquired about some dynamite.

ROBERT BENJAMIN GRAFTON . I let Bixton a shop at No. 17, Tower Hill, and the use of the basement; from March 19th at 12s. 6d. a week—he said that he was a druggist—I gave up my control of the premise to Mr. Harroll on 12th May, leaving Bixton as tenant—three weeks' rent was owing to me.

Cross-examined by Bixton. There was the appearance of trade being carried on—you took the place as an office for samples—the basement was for the use of the water.

THOMAS HARROLL . I am landlord of these premises at Tower Hill—after Mr. Grafton left, Bixton paid me three weeks' rent—he afterwards left, taking the key and owing me some rent—afterwards a large number of letters, writs, and summonses came, more than 150 people, and people are calling still—three people used the place.

Cross-examined by Bixton. I should not call it a legitimate business which was carried on—when goods came there was never any one to receive them, and as soon as they were left, a cart was hired to take them away to the railway station—you did not give up the place—you owe six weeks' rent.

---- HERRING. My mother is landlady of No. 15, Broad Street, Ratcliff—in August last I let the premises to Newberry—I called there in January, but did not see him—I called again and saw a woman with a baby—as far as I could see, no business was carried on—I kept hearing that there was dynamite in the place, and that the police were after him.

SARAH KELLY . I live at 49, John Street, Liverpool Road—Tibbs rented the shop and parlour of me from February this year to 26th June, and carried on business as a grocer—he gave me two hours' notice before he left.

GEORGE LUSHER . My offices are at No. 265, Pentonville Road—in June last I let-my stable to Styles for three yean—I saw him at No. 49, John Street, Liverpool Road—he said that he had a quantity of white lead lying at Dundee Wharf, and I told him he might use the stable for it—he referred to Mr. Rogers, of Caledonian Road—I called there twice but did not see him—I wrote to him twice to sign an agreement, and then went to his house and found it closed—I went to the stable and found that closed also—there was a truck there belonging to Mr. Foster, which I advised him to take away—the white lead was not there.

JOSEPH TURNER . I am a carman, of 3, Lawson Street—on 29th June Tibbs employed me to remove some furniture and goods from a stable at Bride Street to Great Dover Street.

ROBERT HOPPING . I live at 114, Elgin Road, Maida Hill—No. 204 belongs to me, and I let it to Miller about four years ago—I distrained for rent, and the goods were claimed by a woman who he lived with—I took a bill of him, which was never met—no business was carried on.

Cross-examined by Miller. My solicitor distrained—you brought the woman there as your wife—we bound her down, and you said "you won't get your rent, she is only a lodger."

ROBERT BOULTBY (Detective Officer). I saw Hope or Griffiths in Inspector Peel's presence at Old Street Station before he was taken in custody—I cannot say what he came about—about June 11th I went to the New River office, found him there, and told him I had a warrant for his apprehension in the name of Hope—I told him the charge, and took him.

Cross-examined by MR. FULTON. He gave his address to Inspector Field at the station—I knew him as Griffiths, and that he was in the employ of the New River Company.

WILLIAM PEEL (Police Inspector P). On 29th May, Hope and Griffiths came to me three days after Guyott and Mayer had been taken, and the case was in the papers—he said that he was given to understand that I had charge of the case—I said "Yes"—he said "So this is a bogus concern carried on in Aldersgate Street; I want, to know by whom it is carried on"—I said "Who are you?"—he said "I am Hope and Co."—I said "I will give you all the information I can"—he gave me his private address, and said that he was employed at the New River Company's—I did not see him again till he was in custody—I had applied for the Public Prosecutor to take up the case.

Cross-examined by MR. FULTON. I gave the address at the New River Company to Boultby—I heard it stated in evidence that he has been employed there eight years and a half, and before that was clerk to Smith, Payne, and Co., for, I think, nine years—I did not go to his private address—I went to 141, Aldersgate Street, and found a quantity of crockery, some cheap jewellery, and a quantity of goods of different sorts—I inquired of his landlord, Mr. Clayton, who came up.

Re-examined. The cheap jewellery and other articles Were worth about 20l.—there were no account-books or sale books—Guyott came to see me before he was taken, and I think he came with Griffiths—he complained of the 140, Aldersgate St., auction rooms being called a bogus concern, and Guyott made the same complaint—I said that I should give them no information—I saw this paper up: "Old White Bear, Aldersgate Street, Aug. 3rd, 1882. To Mr. Guyott. From this date we make you responsible for every transaction that takes place at the above rooms, and no one but you."

Cross-examined by MR. FULTON. There is a safe on the premises let into the wall—if the key of it is handed to me I might produce the books to-morrow.

FREDERICK ABBERLINE (Police Inspector). On 16th June I obtained a warrant to apprehend Bixton, and on the 18th I went to 17, Tower Hill, got in through the fanlight over the door, and found nobody there—I found on the floor a number of letters and papers, which I handed to Mr. Wontner—I found about 20 dummy cases, empty bottles and oil cans, a few samples, and a rent book of Hampton Street—I went there; Bixton's name was painted up, with "And at Tower Hill" under it—there was nothing in the place—on 21st June I found Bixton with two other men—I addressed him as Bixton, he made no reply—I said "When are you going to pay Messrs. Bradley and Hinchliff? "—he said "Oh, is the account due? I will pay them at once"—the other two hurried away; one of them I have no doubt was Wright—I found at Bixton's house an invoice to Hope and Co.—he gave me his address at No. 22, a coffee-house, in a street in Southward—I went there; No. 22 is not a coffee-house

—I went to Charles Street, and found the white lead which has been identified—Briers has a warrant against Norton; we have not been able to find him—I took Newberry on the 29th, in Shadwell—I read the warrant to him—he said "I have obtained no goods; I gave Rogers, I believe, a reference, and Bixton too; that is all I know about these people"—he afterwards said that he sometimes looked in at 17, Tower Hill, but when he did not like the people he wrote to several people who sent goods and told them not to send any more—I found some papers on him, which I handed to Mr. Wontner—I found some samples of Jays' purifier and Hinchliff's syrup, and some sample bottles—it was a large empty warehouse.

Cross-examined by MR. BLACKWELL. I took this note of the conversation with Bixton—I did not say anything to Rogers in connection with Bixton.

CHARLES BERRY (Re-examined. In June last I was keeping observation on Tibbs and Rogers—I saw them at 122, Caledonian Road, it Whittard's, 49,. John Street, and frequently in public-houses together, and I have seen Rogers, Tibbs, and a man named Dean—I have some kegs of white lead here—I took Rogers at 129, Caledonian Road, and two or three days afterwards I went to the stable in Bride Street, and found Tibbs removing his furniture and various bottles of sweets and parcels to Great Dover Street, Borough—I did not see him there afterwards—I pointed out the casks to Mr. Ismay—they were in Wright's shop, in a small street out of Long Lane, Bermondsey.

Cross-examined. Wright claimed the casks of brandy—some were marked W and some T.

WILLIAM ALWYN (Policeman V 82). I was with Briers on 1st August when he went to arrest Tibbs at Carlton Terrace, Tooting—I went round to the back, and Tibbs came out of the back gate, and ran away too fast for me—could not catch him—I saw him about 10.30 the same night in the Tooting Tavern, and took him to the station.

Cross-examined by MR. BEARD. Tooting Tavern is only the width of the road from Tibbs's house—I took him within a few yards of his own door.

FRANK BRIERS (Re-examined). I have a warrant dated 27th June against Gillies, Norton, and Wright, but have not seen them—I found these two cards and this paper (produced). at Whittard's. (These were a receipt for 700l. and a paper dated February, 1883, authorizing contributions to be received for Rogers).

Cross-examined by MR. FULTON, All the books were handed to Messrs Wontner.

Re-examined. I kept observation for several days on 62, Holborn Visduct—there were no books there—these (produced) are all the books of W. E. Hope and Co.

WILLIAM MORLEY FRENCH (Re-examined). These are the papers found on Mayer—here are some pawn-tickets in the name of Guyott, and of Bolton, the predecessor of W. E. Hope and Co., and a memorandum form found 'on Mayer, of Attwell, in the name of Hope, and one in the name of Hill and Co.—these pawn-tickets are from Whittard.

Whittard, in his defence entered into a lengthened explanation of his proposed partnership with Hilly who was to have brought money into the business, but who at the last moment was persuaded by his friends not to do so, but to go abroad; he stated that Mayer was employed as their clerk; that he

had no connection with any of the other prisoners, but only Miler and Guyott on two or three occasions, and that in none of the transactions had he any intent to defraud. He called

RICHARD WALLINGTON TERRY . I am a costume and mantle manufacturer at College Green, Bristol—I know Whittard very well—I knew Mr. Hill, a commercial traveller—he travelled in the boot trade in the West of England, where I remember him; it is two years ago since I saw him—I have know a Whittard 12 years; he has bought goods of me to a considerable amount—he was not a commission agent, he bought and sold—I have not had dealings with him within the last six years—I was always paid very prompt, I never had to apply a second time for my money—I am aware that he has been in the habit of buying job goods—I heard from his brother that he intended to join Hill in business.

Cross-examined. I don't know where Hill is now—I did not know Mayer at Bristol; I did not know that he was called Hill Mayer.

Mayer, in his defence, went into the different charges, and denied having been a party to any fraud as to either of them; his part in the transactions being merely that of a clerk or agent, acting under the instructions of others.

MR. FULTON called the following witness for Hope:

CHARLES EVERETT . I am a partner in the firm of Marsden and Everett, solicitors—I have known Mr. Griffiths (Hope) from 15 to 20 Years—I knew him when he was clerk to Smith, Payne, and Co.—I have known him in private life and know his family; they are highly connected; he has always borne the highest possible character—I was consulted by him in the matter of an injunction obtained by Ehrenfest, restraining Griffiths from disposing of the goods or money received by him in respect of the sale—I have the original document before me—the injunction was never dissolved; it was an ex parts injunction dated 19th June, and made absolute on 14th July—he afterwards wrote me a letter in connection with the County Court proceedings taken by Mr. Topliff against himself and Ehrenfest jointly—I did not appear for him at the County Court—Mr. Topliff never came to me about it—I told Griffiths that he must obey the injunction and not part with the goods; he complained that this action had been taken by Ehrenfest against him without any cause whatever—both parties had to pay their own costs; it was arranged privately between them—there was not the slightest ground for any collusion between them; on the contrary, they were very hostile to one another; the matter was contested in Court and evidence was produced—Mayer was the auctioneer, and it was really Mayer's conduct that was complained of by Ehrenfest—there was no personal charge against Griffiths, but the firm being conducted in the name of Hope, it was necessary it should be defended; but the irregularity in conducting Ehrenfest's sale was, if any, the act of Mayer, who was manager.

Cross-examined. I don't know whether Ehrenfest is here—his complaint was that the sale was being conducted without reserve; whereas, from documents which I have here, Hope and Co.'s instructions were to sell Ehrenfest's goods with reserve—he obtained the injunction after the sale had gone on for two days—it was a very important sale; the property was of considerable value—I do not know the amount of the two days' sale; but Hope and Co., under the arrangement I made with Ehrenfest's solicitor, rendered an account to Ehrenfest, with which he was perfectly satisfied, and which formed the groundwork of the settlement of the

action; that was after the injunction had been obtained—his complaint was that the goods were being sold at a sacrifice—I was not present at the sale and knew nothing about it till the interim injunction had been obtained—the settlement was come to in July—Griffiths did not attend the sale himself—the County Court action was brought by Topliff in September, 1882—I was not here when Topliff was examined—I did not know that he had never been settled with—I think he ought to have had his money certainly.

Re-examined. Griffiths had to pay his own costs of the injunction proceedings and my costs in respect of Ehrenfest when we came to terms on the matter.

By the COURT. The sale was not under an execution; it was a voluntary sale of the plant of a colour and varnish manufactory held on Ehrenfest's premises in Suffolk Grove—Hope and Co. were employed as auctioneers in the ordinary course—I have a catalogue, on which is printed "Without reserve," and it was so conducted for two days, and then on the third day Ehrenfest, being apprehensive that the stock would not fetch what he anticipated, said it was not to be without reserve.

EBENEZER COBB MORLEY . I am senior partner in the firm of Morley and Shirreff, solicitors—I acted for the trustees of Griffiths's wife's settlement—it continued a power to the trustees to advance to Griffiths a sum not exceeding 500l. to carry on his business, on the security of two policies on his life and a promissory note—in January, 1882, an advance of 500l. was made through my office—the policies were in existence, and they were assigned to the trustees as security—the trustees at that time were Mr. Baber and Mr. Nicholson.

GEORGE CORP . I am an auctioneer At Reading—I have carried on business as an auctioneer 21 years—I have lived in Reading several years but I carried on business in London daring that time—since August, 1882, I have acted as auctioneer for Hope and Co.—I was so employed sometimes once a week, sometimes fortnightly—those sales were conducted in the ordinary way of business, goods bond fide sold and bond fide handed over to customers—I was merely employed to sell; I had nothing to do with the delivery of the goods or collecting the money—I would not have had any connection with sales that were not bond fide—the sales were some of miscellaneous goods and some new—an auctioneer's licence is a thing personal to himself, it cannot be assigned to another person—I have a number of catalogues here; the last is Thursday, April 19th, 1883—these are catalogues of sales which I conducted for them on the premises in the ordinary course of business—the last sale I conducted for them was about April or May this year.

Cross-examined. Guyott employed me to sell—I did not see Hope in the transaction at all—I saw him there on one or two occasions; he was not doing anything—he came into the room; he was introduced to me by Guyott as the person who found the money—Guyott paid me half a guinea, sometimes a guinea, for conducting the sale—it was not a very large sale—I was paid according to how long the sale lasted—I have no auction rooms of my own—I have an office in King's Arms Yard, not as salerooms—not one auctioneer in a hundred has any saleroom of his own—I sold for other persons beside Hope and Co.—I only saw one other person selling for them; I don't know who he was—it was one week when I could not attend—I

do not know a Mr. Ford; I know Long—I don't know of a sale on 26th October, 1882, where Long was auctioneer, or one on 11th October, 1882, when Ford was auctioneer—I keep sale-books; I have not got them with me, they are at my office at Reading—I was not here yesterday—I was not before the Magistrate—I did not keep any account of Hope's sales; I merely got into the rostrum and sold.

Re-examined. It is the custom of auctioneers to sell goods for any persons at any place; there is nothing unusual in it—it is done by Ellis, Farebrother, and others—I have no office in London now—I have had an office in Reading three months—my family have resided there three years—when I have an opportunity of doing business in London I come up and do it—I have had sales for other persons besides Hope and Co.—I have had 30 or 40 sales the last year—some portions of those sales have been with and some without reserve.

EDWARD ALEXANDER GRIFFITHS . I am Griffiths's brother—up to the end of June, 1882, I assisted Guyott in managing the business at Aldersgate Street which had previously been carried on at Falcon Square—my brother discharged Mayer for drunkeness—Mayer's wife and my brother's wife were schoolfellows, which was the origin of the connection between the parties—my brother very seldom came to the business; he took no active part in it—he found the money and left it entirely to Mayer—when Mayer left, my brother intended to give up the business, but Guyott thought he could recover it—after I left, I went there there two or three times a week—I know Humbert—he was not there while I was there—Guyott knew him—I have seen Humbert write letters in the office and know his writing—this document (Dated 26th February, 1883) is in Humbert's writing—it is signed "pro pro H." and the H. stands for Humbert—my brother was absent from illhealth from April to June, 1882—he suffers from his heart—the name of W. E. Hope was suggested by the wife—it is a play upon the words "we hope"—since Mayer's discharge I had been assisting my brother.

Cross-examined by MR. WILLIAMS. I canstantly attended the sales—the only other defendant I have seen there is Whittard—I was not there in October, 1882—I do not know Hill—I do not know whose writing this is opposite the thing sold (In the auctioneer's notes)—Mayer conducted the business while I was there—it was an auctioneer's business entirely—we had consignments of goods, and they were submitted to auction—we always told persons what was done with their goods; but if we had purchased them for cash we should do what we liked with them, or if we obtained them on credit—we did not inform persons beforehand that they were going to be sold by auction.

Re-examined. It is the practice for persons to send up goods to auctioneers with directions to do what they can with them—this (produced) is a direction to do the best we can with goods—sometimes it is with a reserve and sometimes without, and we receive a commission for ourservices—the firm is described as W. E. Hope and Co., factors and general agents, 181, Aldersgate Street—we also purchase goods ourselves and dispose of them in the best way we can by auction, putting a reserve on them so as to cover us from loss—Edwards and Smithson asked for us—this letter (produced) is an illustration of the kind of business, and this is an invoice for 3l. paid.

HENRY COLLINS . I am in business with my brother as skirt and

costume manufacturers—we sent goods once to W. E. Hope and Co., which were duly settled for—I know Griffiths as Hope—he called on me after Mayer left, it was a month or two after July, 1882, and asked us how much we would take in settlement—21l. was owing to us, and I said we would take the 21l., which he paid me there and then by cheque.

By the COURT. That was not for mantles or skirts, it was for some machinery which we had had for years—we sent if to them to do the best they could with it—we received a statement that we were entitled to 21l. and he paid it.

EDWARD JOHN PEARSON . I am a saddle and harness maker, of 45, St John Street Road—Hope and Co. bought goods of me in February and March, 1882, and paid me correctly.

---- ABBOTT. I am a clerk to Thomas Watts, a boot and shoe maker—Hope and Co. purchased goods of him value 204l. 14s. 10d., in one lot, on February 1st. 1882, which were duly paid for.

FREDERICK AYRES . I supplied goods to Hope and Co. in February, 1882, which were sold by auction and duly paid for.

Cross-examined. I carry on business at London Fields—I was never at 19, Buckingham Street, Strand—I do not know any of the other defendants—I saw Mayer, and Mr. Hope paid me.

JOHN HENRY BATTY . I am clerk to Hutchinson and Co., of 5, Bread Street, Cheapside—I have sold numerous parcels of rugs and mats to Hope and Co. during the last 18 months, but none for the last six months—the value altogether was about 20l.

WILLIAM RICHARD STIRLING . I am managing clerk to a solicitor in Queen Victoria Street, and am one of the trustees under the marriage settlement of Mrs. Griffiths—I have the policies of exchange for the advance of money—I went to the auction rooms once or twice a week—Guyott managed the business after Mayer was discharged for drunkenness—I know Griffith's family, and that is the reason I am trustee—this document appointing Guyott manager is in Griffiths's writing—none of these other documents are his writing—I do not know the writing of the document signed "H"—Griffiths is a highly respectable man.

Cross-examined. I have no means of saying when this document was written;—it might have been written after the prisoners were in custody (The one headed "Old White Bear")—I have not the slightest conception where it came from or who concocted it—2l. a week was the rent of the place at Aldersgate Street; it was a weekly tenancy from Mr. Clayton, and I believe the rent was paid weekly—he is an auctioneer, and it would not be right to describe him A3 a merchant and factor and general agent—I know that goods were sent for sale, and in that way he would be a merchant, because he bought goods to sell again—I have seen all sorts of things there—Mayer, Guyott, and a boy conducted the business—I believe they were paid weekly—I never saw a wages book—I never saw Humbert—I do not know Hill, Bevan, and Co.—I was at one sale.

Witness for Woolley.

WILLIAM PRICE . I am a builder, of 88, Gladstone Road—I have known Woolley seven or eight years—he has collected my rents, and I dare say over 2,000l. of mine has passed through his hands during that time—I know four houses in Griffiths Road, Wimbledon, which are building for a Mr. De Chastelaine; I had the contract, and let Woolley the two plots; he

commenced building the houses, and I finished the carcases—Woolley was to be paid by a mortgage on them, which was to be executed when the roofs were on, and I advanced him some money—he carries on a respectable business.

Cross-examined. I took the four plots from Mr. De Chastelaine, and Woolley was to work under me as sub-contractor—I had an agreement that whatever went on to the ground became mine—only half of the bricks were used—Woolley did not refer to me, I never gave anybody a reference in my life—I never heard that he was charged eight years ago with obtaining money by false pretences—he did not collect my rents, but he had the handling of my money by paying my men, and a little of the 2,000l. was rent—I have not got any houses now; I had some last year, but he did not collect the rents.

Re-examined. Money of mine to a large amount has passed through his hands, and he has always been honest—I am a builder still—one lot were inside bricks and the other outside—the greater part were used on the premises.

By the COURT. I took a building lease, and in carrying out the contract I employed Woolley to help me do two of the houses—he failed; I did not fail, but his being in custody stopped the proceedings—the contract will go on again when this is over.

Miller, in his defence, stated that two or three different writings had been put in as his, but he admitted the order for the coat. He complained that all the documents in his favour had been held back, value 400l., though the others had been produced. He stated that he ordered two tons of coal for Mrs. Haygarth at her request, but five Ions were sent; that he was introduced to Rogers three years ago as a man of private means and whose wife had a private income; that Mrs. Haygarth was a tenant of his, and he never knew where the soap and sanitary compound came from; that he never knew Moran till he saw him in the dock, and the only men he knew among the defendants were Rogers and Woolley, whom he had known for 12 years; and stated that he had made 6,000l. by speculating in cotton, and that there was 3,000l. worth of property at his house in Elgin Place. He denied owing any one a shilling. (MR. GILL produced all the documents found, which were handed to Miller).

Bixton, in his defence, contended that there teas no evidence to connect him with the case. He stated that he bought the white lead and essence of lemon of Rogers, believing they belonged to him, and that the other things were sold to him in Vie ordinary course of his trade.

Newberry produced a written defence, stating that lie gave a reference to Rogers because he had sold goods for him on commission, but denied conspiring with him or any one else, not then knowing the other prisoners; that he never received anything in the other transactions, and what he had done was more through weakness than wickedness.

Evidence in Reply.

WILLIAM PEEL (Police Inspector) (Re-examined). Miller asked for bail before the Magistrate; two bail in 100l. each were mentioned, which he said was prohibitory bail, and he could not get it—I have made inquiries since yesterday, and find that his statement about his having 3,000l. worth

of property is groundless—I saw his brother in Court all day yesterday, and I know what he is.

Cross-examined by Miller. As to whether you are an accountant, I will tell you what you are if you wish.

---- ROOTS (Police Inspector). I have seen Miller associating with a man named Phillips, who was in Court this morning—I have known Miller and his associates three years; Copsey was one of them, and Edward Lawrence Levy another—I consider Miller a swindler, though I am not able to prove it—several men whom he associates with have been convicted—I never knew him doing respectable work as an accountant—he visited Edward Lawrence Levy's office, who had the preparation of various documents to make a fraudulent claim in bankruptcy to defraud Mr. Whiteley—Kingwell's name was one, and Miller's name was among them.

Guyott, Woolley, Newberry, and Hope received good characters. WHIT. TARD, MAYER, ROGERS, MILLER, BIXTON, NEWBERRY, and TIBBS— GUILTY .— Eighteen Month's Hard Labour each. GUYOTT WOOLLEY, and HOPE— NOT GUILTY .

ESSEX CASES.

Before Mr. Justice Day.

Reference Number: t18830910-849

849. WILLIAM GOULDSTONE (26) was indicted for, and charged on the Coroner's Inquisition with, the wilful murder of Charles Gouldstone.

MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MESSRS. GRAIN and ELLIOTT Defended.

ADA HAMILTON . I am the wife of William Hamilton, and am a monthly nurse; we live at Walthamstow—I knew the prisoner and his wife and three children; they had lived at Walthamstow at the house where this matter occurred, occupying two kitchens and one back room, for about eleven months—I had lived there about ten weeks up to that time, occupying the front room on the same floor, with my husband—their three children were, Charles, about 3 1/2 years old; Herbert, 2 1/2 years; and Frederick, 16 months—the prisoner was a whitesmith by trade, I believe, and used to go every day to his work in London—on 1st August I attended his wife in her confinement; she was delivered of two male children—up to that time the prisoner attended regularly to his work—the confinement took place on Wednesday, at 10.30 at night—he went to his work on the Thursday and Friday, but not after the Friday—on two occasions before the following Wednesday, the 8th, I noticed him very strange and quiet, and sitting crying—I only saw him once the worse for drink; that was on the Friday after the babies were born, after he came home—up to that time he had always been a sober, industrious man—on Wednesday, the 8th, I was in the bedroom attending to the prisoner's wife and the babies; he came home about a quarter past 5 in the evening, and went into the bedroom; I went into the kitchen, where the two eldest children were playing; the third child, Frederick, was in the bedroom with the wife and babies—the prisoner came into the kitchen; I said "I wondered who it was; you did frighten me"—that was about a quarter past 5; he made no answer; his usual time for coming homo was 7.30—I, did not say anything else—I went back into the bedroom and left him with the two children in the kitchen—he

was there three or four minutes, not longer, and then came into the bedroom—his wife said "What makes you home so early?"—he said he came out while the manager was gone to dinner—she said "Did you tell them I was confined?"—he said "No"—she said "Didn't you tell Mr. Graves?"—he is the foreman at the works—the prisoner said "No," and then took little Frederick up off the bed and went out into the kitchen, which is on the same floor, with him—I did not notice anything in his manner or demeanour at that time; he seemed very quiet—I went on washing the babies, and when I had washed one I went into the kitchen to fetch something—the prisoner was sitting on the fire-guard, which comes all round the grate and rests on the floor; the fire was alight; the prisoner's back was towards it; the children were playing about there—the prisoner had a piece of string or thin twine in his hand; I did not say anything to him, and went back again into the bedroom—I was away from the kitchen for about ten minutes, and then returned and asked him if he had had his tea—he said "No"—I said his tea was ready then; it was on the table and the tea was on the hob—the three children were then playing in the kitchen—I went through the wash-house to the other kitchen on the same floor—the prisoner was still sitting on the fire-guard, and I noticed the perambulator was moved from under-neath the cistern, and a chair, which usually stood by the side of the cistern, placed there—to reach the cistern you had to get on a chair—I asked the prisoner who placed the chair there; Charley said "My dada put it there"—I went back again into the bedroom, got the prisoners wife out of bed, remade the bed, and was there some little time—I might have been there twenty minutes before I saw the prisoner again; then he came along the passage and looked into the room; I told him he could come in; he said something to himself, I could not distinguish the words, and went into the kitchen again—I thought he wanted to say something to his wife, and so I spoke to her and left the bedroom and went downstairs—the kitchens are on the first floor—when I was on the stairs going down I heard the kitchen door open and I heard the prisoner go into the bedroom—I had got to the yard door when I heard screams of "Murder" from the prisoner's wife; that could not have been more than two or three minutes after I had left her—I rushed at once up to the bedroom door and tried it and found it locked—the prisoner's wife said "Come in; he is murdering my children"—I could not force the door; I called for help; Mrs. Clark was at the bootom of the garden; she came, and we both tried to force the door, but could not—I called to the prisoner to open the door, but I never heard him answer—after we had been at the door about three minutes he opened it—I said "Mr. Gouldstone, what have you done, you wicked man?"—he said "No, I am a happy man"—I passed into the bedroom to his wife, and he passed me and went out into the kitchen—he did not say anything about the other children—I then went up to the bedside and saw the babies; they were both alive, bleeding from the mouth and nose, and appeared to be dying, seriously injured—I took a small sheet and covered them over, so that the mother should not see them, and sent for a doctor—then from what the wife said I went into the kitchen—the prisoner was there with the youngest of the three elder children in his arms, wringing wet and apparently dead; he laid him on the floor, and then I turned round and saw the wife coming into the kitchen, and I went back with her and

remained with her in the bedroom about a quarter of an hour I dare say, and then went out again into the kitchen and saw the three, Charles, Herbert, and Frederick, lying there on the floor side by side, all wet and dead—the prisoner was standing there—I went back to the bedroom and remained there some time till the policeman brought the prisoner into the bedroom—he said to his wife "All your children are dead, and I shall be hanged, and you will be single again; you wished they were dead, and now you have got your wish"—he had not said anything as to how they had come by their death—he then kissed his wife—she asked him if he had any money—he said "Yes," and put his hand in his pocket and gave her 3s. 4d., and then he was taken away by the constable—I remained behind—previous to that one of the constables asked me for the hammer, and I afterwards picked up from the floor by the dressing-table and near the bed an ordinary large hammer for knocking in nails, and gave it to the constable—I had never seen the hammer before—I attended to the mother and the two babies; one died half an hour afterwards in my arms, and the other at 2 o'clock the next morning.

Cross-examined. When I first went into the kitchen the children were sitting on the floor playing, and the prisoner was sitting with his back to the fire looking down at his hands, not at them—both his hands were holding the twine; he was turning it round and looking at it—when I came back on the second occasion he was still looking at the twine and playing with it—the room was a small one—the children seemed happy—when I left the wife, before I went up and found the door locked, I left the two babies in bed; she was sitting up—since I have known them I have had opportunity of observing his demeanour towards his wife and children—as far as I can say up to this time he had always appeared a good husband, and very fond of his wife and children, and they seemed very happy together—I have seen him play with the children—on the Sunday he used to sit in the kitchen and amuse them—I have seen that several times; I was a good deal in there with them—after the twins were born I noticed he was very strange; he seemed so quiet, and used to sit still, and if you spoke to him he did not answer you; he seemed absent, and far less cheerful than he had done before—I have heard his wife say he had come home with a headache that came on suddenly—I have seen him put his hand to his head a great deal, and he would then complain of pain—I have never heard him complain at all about being short of money, or of not being able to support the children—as far as I noticed he was always a sober, well-conducted man, and always came home every night; never missed since I have known them.

EMMA CLARK . I am the wife of Charles Clark, a carpenter, and the tenant of 8, Courtnay Place, St. James's Street—the prisoner and his wife and family had lodged with us about eleven months—they were strangers to me before they came to lodge there—the prisoner has always been a steady, quiet man, very fond of his wife, and kind to his children—Mrs. Gouldstone was confined on Wednesday, 1st August, about 10.30 p.m.—the prisoner was not at home then—when he came in I told him his wife had been confined, and that there were two—he looked strange when I told him so—he did not say anything—I did not see him the night after the confinement—on the Wednesday afternoon, the 8th, about 5.30, I was in the garden hanging out the clothes to dry, when I heard the nurse run upstairs and call for help—I ran up after her, went to the bedroom door,

and tried to open it—it was locked on the inside—I heard the wife say "He has killed my babies"—the prisoner opened the door, and said " You can come in"—I went into the bedroom, and saw the two babies on the pillow; they were breathing, and bleeding from their noses and mouths—Mrs. Hamilton covered them over with a sheet—I ran downstairs and called for the police, and then went back to Mrs. Gouldstone's bed-room, then followed Mrs. Hamilton into the kitchen, and saw the three little boys, Charles, Herbert, and Frederick, lying on the floor in a row, apparently quite dead—their clothes and hair were wet—I saw the prisoner apprehended—I had not about this time or any time that week seen the prisoner the worse for drink.

Cross-examined. I was examined before the Coroner, but not before the Magistrate—I said "I heard Mrs. Gouldstone say 'He has killed my babies;' at this instant he opened the bedroom door, and said 'You can come in, it is all done'"—that is correct.

WILLIAM CHEESEMAN (Policeman N 86). On the evening of Wednesday, 8th August, I was sent for to 8, Courtney Place, where the prisoner lived—I went upstairs and saw him in the kitchen—the three children were lying on the floor there dead, and wet—the prisoner was stooping over them—his hat and coat were off, and his shirtsleeves were slightly rolled up—I was in uniform—when I went in the prisoner said "Good evening, policeman, I have done it now, and I am happy, and ready for the rope"—I cautioned him that what he said would be used in evidence against him—he put on his hat and coat, and said "Let me see my wife?"—I said nothing, and went with him into the bedroom where the wife was—the wife spoke first—she said "Oh you wicked man, what have you done?"—he said "I have killed all your children, now you will be single again, and I shall be hanged"—his wife said "Have you any money?"—he said "Yes, a little"—he gave her all he had, a two-shilling piece or half-crown, and a shilling and two penny pieces—he kissed his wife and bade her good-bye, and I took him away to the station—on the way he said "When I took my money last week I thought of buying a revolver to do it with, but I altered my mind, because I thought it would make too much noise. I had a hard job with the two biggest, but the other little b—, I soon settled him; I thought it was getting too hot to have five b kids in about three years and a half"—I made a note three or four minutes afterwards; I have got it with me—he added "Now I am happy, I thought it was time to put a stop to it"—at the station he said "I have done it like a man"—he was charged with the murder of the three children, and attempting to murder the two babies—the charge was read over to him by the inspector—he said "Quite right, sir"—he was put in the cells after that—it was about 25 minutes altogether from the time I first went into the kitchen to the time he was put into the cell—during all that time he appeared sober—I noticed nothing in his manner or demeanour—he appeared to understand what I said to him and what he said to me.

Cross-examined. It was about 20 minutes to 6 when I took him into custody at the house—when he kissed his with just before he went away he simply said "Good-bye"—she was on the bed, and he leant over the foot of the bed and kissed her—when he was leaning over the three children and when I took him into custody he seemed excited.

GEORGE FOLKARD (Police Inspector N). I was at the police-station on

the Wednesday evening when the prisoner was brought there in custody by Cheeseman—Cheeseman said "This is a charge of murder, sir; this man is charged with murdering his five children"—the prisoner said "That is right, sir, I did it; now I am happy; I did it like a man, too"—I then left him in custody at the station, and went to the house with Dr. Gould—I returned to the station about half-past 7 and charged him with murdering his three children, Charles, Herbert, and Frederick, and attempting to murder his two male infants—he said "Quite right, sir; what condition is the missis in? I suppose some of you gentlemen have been round?" Dr. Gould replied "Tolerable"—the prisoner said "Are the two young ones dead?" I said "No"—about 8 o'clock he was put into a cell—up to that time he appeared sober—I could not see the appearance of drink—I thought he appeared slightly excited when he was first brought in, that was all—he appeared to understand what he said and what I said to him—I saw him again at 8.30 next morning—in the meantime the other two children had died—I then charged him with the murder of the five—he said "Yes, sir, the other two are dead, then?" I said "Yes"—I examined the cistern in the kitchen—the top of the cistern is about six feet from the floor and about 10 inches from the ceiling—there was about 14 inches of water in it—that was the same night.

Cross-examined. The cistern is long but narrow; it runs the whole length of the room.

HENRY WHEATLEY (Policeman N 208). I was at the police-station on 8th August when the prisoner was brought there—he was put into a cell, and I had charge of him—he said about a quarter to 7 of his own accord "I have had an extra drop of drink to accomplish the job; there is five of them gone to glory, and it is a good job"—at about half-past 7 he said "I am sorry for my wife and parents, but the children will be better off in heaven, if there is such a place; it is better than leaving them to the mercy of the world"—about 9 o'clock he said "I wish I had killed the little ones out of the way; I don't know whether I hit them once or twice; I have had this playing on my mind for a long time"—he appeared to be quite sober.

Cross-examined. He said "preying," not "playing."

HENRY GOULD , M.R.C.S., and Divisional Surgeon of Police. I reside at Leyton—about 6 o'clock on the evening of the 8th I was called by Inspector Folkard, and went with him to 8, Courtney Place, and into the front room on the first floor—I there saw a bed in which were two male children, apparently a few days old—I examined them, and found them both suffering from fractured skulls; blood was issuing from the nose and mouth of one of them—they were living, but in a dying state—I then went into the kitchen and saw three children lying on their faces on the floor, dead—the clothes of two that had clothes on were saturated with water—on the eldest, Charles, there was a mark as if a piece of thin string had been tied round his throat—the others had no marks whatever—the same night, shortly after 8, I went to the house, and found there that one of the younger children had died, and next morning I found the other of the twins dead—I made a post-mortem examination on the 9th of all the bodies—the two younger died from injury to the skull and brain; the three in the kitchen died from suffocation from drowning—before this injury they were apparently in health and fairly nourished.

JAMES HONEY (Policeman N R 41). On the Wednesday evening, about 6 o'clock, I went to the prisoner's house, and there saw the children in the Kitchen—a piece of string was tied round the neck of the eldest; it was Loose.

WILLIAM CHEESEMAN (Re-examined). I took possession of this hammer (produced) at the time—it is a common hammer.

The following Witnesses were called for the Defence.

THOMAS GOULDSTONE . I am the prisoner's father, and live at Great Sampford, in Essex—my wife, the prisoner's mother, is alive; she is very bad in her mind now, and has been for a good many years—she was in a very bad way about 18 years ago; I kept a woman with her—she tried to grain herself with a scarf. [A JURYMAN: Grain is the Essex word for strangle.] I have taken a knife away from her several times during that time—she was going to make an end of herself, as far as I could see—about eight weeks ago she threatened to make away with herself—she was in a very bad state of mind when the prisoner was born—my wife has a married sister living in the neighbourhood of the name of Andrews—she has not been right for two years; she has some one to look after her to keep her at home—she has not threatened to take her life that I know of—Charles Gouldstone, a second cousin to the prisoner, died in a madhouse Know whether she died mad or not.

Cross-examined. I have seven children; the eldest is a daughter—the prisoner is the third—I believe that they are all right but him—he went to school, and since he left he has been at work with me, and afterwards in employment, always getting his living by his daily labour—he was five years in this one place—he was a blacksmith with me—I saw him last before the 8th of August just after Christmas—he did not look very comfortable—my wife has not been in any asylum; I keep her at home—I have not seen anything wrong about my daughter—my wife is a sober woman—it was about 18 years ago that she tried to strangle herself; she was not taken up for it; I had business troubles about 18 years ago; it was at that time that my wife tried to strangle herself—it was about 18 years ago she took the knife up—Mrs. Andrews, my wife's sister, has never been in any asylum; she lives with her husband.

Re-examined. All my other sons are right except the prisoner as far as I know—when I saw him last I could see he was not quite right, but we did not know what there was to trouble him; that was just after Christmas, at my place at Stamford Hill—I was living there then—he did not do anything then, but he was not very comfortable, so I and my wife thought—I have had trouble with my wife to keep her from doing herself harm—the last time I was up with her all night—sometimes she appears all right, and then suddenly she tries to do herself harm—it was about two months ago that I sat up in this way, I cannot say to a day.

ROBERT GOULDSTONE . I am the eldest son, and the prisoner's brother—I live at Great Sampford with my father—I have lived there with my brother before he came to London—when at Finchingfield he worked with me, and I remember his complaining of his head—that is about eight years ago—he suffered from an accident and had a repture—when he suffered from rupture pains he suffered more pains in

the head—he complained a great deal more when the rupture troubled him—he did not say anything about the pains, he wished himself dead at times; I have heard him say so—we have always been afraid to bring anything up to affect my mother in any way—she was looked after—at times she was allowed to go about by herself, not always, because we have been afraid she would do an injury to herself—we used to have to hide the knives and razors from her because we were afraid she would make an end of herself—I have heard her say she would make an end of herself with knives—I know my aunt, Mrs. Andrews—they don't have any one except those in the house to look after her—I remember going to see her on a Sunday evening, she sat on all the chairs in the room in the space of a few minutes—it struck me as peculiar the way she was acting, and I thought she seemed very strange in her ways.

Cross-examined. I could not say whether it was about seven or eight years ago that the prisoner was ruptured, six or seven years ago I should think—it was when he was ruptured he had pains in his head—he did not tell me he was kept awake at night—he was a blacksmith at this time—that is a very noisy trade, and he had a headache—it was a good many years ago that he said he wished himself dead.

EMILY GOULDSTONE . I am the prisoner's sister, and am in service in London—I have noticed my mother's conduct for many years past, it has been through trouble in business—she has attempted to commit suicide several times—I have myself heard her threaten to do it.

Cross-examined. I heard her threaten to do so about a fortnight or three weeks ago—I have not seen my brother very often, we are a long way apart—I saw him last about two months ago—I was at my sister's—I knew he had been for five years at this firm in Thames Street, working there regularly every day and going home to his wife and children at Walthamstow.

Re-examined. I have heard of my mother attempting suicide before a fortnight ago, years ago.

WILLIAM GRAVES . I am foreman of the department in which the prisoner worked at the Falkirk Ironworks, Upper Thames Street—I have Known the prisoner ever since he was born—he came to the works about five years ago, and married some four or five months afterwards—they lived with me for about the first three years after their marriage, and the three elder children were born in my house—they seemed to live like all other working people, happily together—I never saw any cause to complain—he always seemed fond of his children—he had many peculiar little ways, but being foreman I did not mix up with the men only so far as my duty compelled me—I did not myself notice anything particular till the 2nd of August—I then noticed something peculiar, and went from my end of the shop to where he worked and said to him, "William, are you well, or have you got the toothache?"—he was rubbing his head and face—I asked him whether there was anything the matter with him—he said "No, only my head is very queer"—it is my practice if any man is ill or anything is wrong to persuade him to go home for a few hours, and I was going to do the same with the prisoner—on Friday I gave him a job to do in the regular way, and I found he was regularly confused with the work I gave him, and I complained to him he did not get on so well as he had at other times; and he made no reply—he left on that Friday night—it was our beanfeast on Saturday, the next day;

then there was Sunday and the Bank Holiday, when we did not work—he ought to have been there on the Tuesday; he was not, nor on the Wednesday—I did not know anything about his wife's confinement at the time, but I particularly noticed on the next day after she was confined, the 2nd of August there was something wrong in the man.

Cross-examined. When he first came to work for this firm he was a blacksmith; we then made him a whitesmith—he earned 25s. a week—on the Friday night before this occurred I had paid him his wages and made him a present of 10s., according to the custom of the firm—he always thanked me for that—that was on Friday, 3rd, about 5 o'clock—I went to my own beanfeast; he went where he thought proper, as everybody else did; I cannot tell if he went to a beanfeast—he did not say he had got twins on the Thursday when I thought he was ill—I did not know if he had been kept up all night owing to his wife's confinement and had got headache.

CHARLES CAKEBREAD . I work at the Falkirk Ironworks—I worked there with the prisoner for some years as his mate—he has frequently said that he would throw himself in front of a train if he thought he could kill himself instantaneously—I could not give any date for his saying that—he said he would throw himself down the lift-hole if he thought he would kill himself right out without lingering afterwards—I tried to pass it off as a joke; I never thought he meant anything serious in it—he did not make a joke of it, he spoke seriously—I believe he was rather popular with the workmen, and was a very quiet, peaceable man—he has been very despondent at times, and I have asked him if I could do anything for him, he has complained of pains in his head and asked me if I would knock his brains out with a hammer—that I treated as a joke and took no more notice of.

Cross-examined. I cannot give any date when that occurred: it was about six months ago, while we were at work—ho seemed to have a determination as if he meant it as a reality—I cannot say but he had plenty of opportunity; I was working with him at the lift—it was quite recently that he talked about the train—he has always attended to his work regularly and earned his wages.

BENNETT GOULDSTONE . I am employed at the Falkirk Ironworks, and am the prisoner's brother—about four months ago he said to me that he should like to throw himself down the lift hole—he was suffering very much from rupture—he said he should like to kill himself out of his misery—he complained of pain about his head, and rupture at the time—he used to wander about as if something were wrong in him, and be very strange.

Cross-examined. He did his work regularly—he suffered very much from rupture, and was very low spirited about it, it pained him at times—I do not know where he was on the Saturday, the day of the beanfeast; or on the Monday, Tuesday, or Wednesday; he was not at work—he did not tell me where he had been.

JOHN CLARK . I am also employed at the Falkirk Ironworks—I have heard the prisoner on many occasions wish that he were dead, and also that he wished some one would hit him on the head and kill him out of the way—I don't know what caused him to say so, but he did say so—during the time he was in my company, as far as I can say, he was speaking solemnly and seriously; he was not laughing at all over it—I heard him

complain of suffering from a rupture, and from pains in his head, nothing further.

Cross-examined. He complained a great many times about rupture, and Was very low spirited at times, and he could seldom cough without he doubled himself up to do so—it was not on those occasions he said he wished himself dead; he has said so on frequent occasions afterwards.

Re-examined. I have heard him say he wished he was dead, and ask to be struck on the dead when fie was not complaining of any pain.

GEORGE SKELTON . I am also a workman in the shop with the prisoner at Falkirk Ironworks—some months ago the lift rope broke; the lift did not fall—I was with the prisoner in the lift at the time; it was on the second floor—I said "You had better jump out"—we jumped out and I said to the prisoner "Get a bit of string, we will tie it down to the old iron"—he says" Never mind, it goes to the bottom; it will only kill me out of the way"—he said it very seriously—the only time I heard him say anything of the sort before or after was one morning some months before this affair—I met him and he seemed very much depressed coming to work—he did not say anything coming along, but as soon as he got in the shop he seemed different—he was dancing and singing foolish things, what they cull the Salvation Army hymns.

Cross-examined. He was low-spirited, and then when he got to work among the workmen he began to be joyous—he was sometimes low and sometimes high-spirited—the lift broke seven or eight months ago—I have sometimes seen the men do reckless things, not often, at our place—he did not go down in the lift; I stopped him—I advised him not to do it, sad remonstrated with him.

Re-examined. I told him to come out.

WILLIAM HENRY WESTBROOK . I am manager at the Falkirk Ironworks—during the time prisoner was with me he was a very quiet, steady man—I never noticed that he inclined to be foolhardy in the works or on the lift, or anything of that sort—I never heard that he played any practical jokes; they are kept from me—he was a quiet man, almost bordering on moroseness—he would go home by himself and come by himself, and never seemed to have a companion with him.

Cross-examined. He was a very fair worker—the work did not require much intelligence; it is mere fitting up, work which has been fitted before.

HOWARD JOHN KINNAIRD . I am one of the partners of these ironworks—I have seen the prisoner there—I have not noticed anything about him; I have heard he was a very steady workman—we have fully 1,000 workmen—he has been a steady man as far as I know—the whole feeling of his fellow-workmen is that he is certainly insane.

CHARLES GOULDSTONE . I live at Epping, and am first cousin to the prisoner's father—he had a son named William, who had been a soldier, and who, about 21st April, 1880, was taken to the Brentford Lunatic Asylum and confined there till about October, 1881, about 16 months—he died there in confinement.

Cross-examined. He had been in the Army—he had never been abroad further than Ireland—he was subject to fits—I think sometimes they were only drink; I never saw anything particular in them—he drank occasionally; he was not a drunkard.

JOHN BYFORD . I am the brother-in-law of the prisoner—he has been in

the habit of visiting me—I married his sister—he would usually call on Saturday afternoon and sit in a chair and play with his hat—if I spoke to him he would invariably answer me the wrong question and take three or four minutes to answer me, and I would frequently remark that I thought he was very strange in his manner.

Cross-examined. I should think I last saw him before this occurred, a fortnight before Bank Holiday—I don't know where he was a few days before this occurred.

WILLIAM SUNDERLAND , M.D. I practise at Thaxted, in Essex—I know the prisoner's mother and also her sister, Mrs. Andrews—I have attended the prisoner's mother, and in my opinion she is in an unsound state of mind—I have attended her at intervals during the last eight years—during the whole of that time despondency was the particular form of her unsoundness of mind—I cannot say how long she has been in that state—the fits of despondency came at intervals, then ceased, and came on again—she has not attempted to commit suicide to my knowledge—the sister is not of sound mind—I have attended her professionally—she is suffering from the same form of insanity, despondency—her husband is a small farmer.

Cross-examined. The prisoner's mother has not been certified nor been confined as a lunatic; she is living at home with her husband, and the sister, Mrs. Andrews, lives at home. with, her husband, and a grown-up daughter is kept to look after her—I do not know the cause of despondency of the prisoner's mother or of Mrs. Andrews.

Re-examined. She is now continually restless and thinks her husband will fail in business, and thinks they will be turned out into the streets, and it makes him move about from place to place.

GEORGE HENRY SAVAGE , M.D. I am physician at Bethlehem Hospital—I have examined the prisoner, and from the examination alone I should consider him rather weak in mind, as evidenced by a slowness of appreciation of questions concerning the crime of which he is accused; when speaking about it he seemed not to appreciate in any way the gravity of the charge—beyond that from my personal examination I can say nothing—I have heard the evidence as to his being a steady workman, quiet, and fond of his wife and children, and the details of the killing of the children—from that I should think his mind was unsound at the time he 'committed the act—such symptoms as have been deeailed by his fellow-workmen are frequently present with persons of unsound mind—I suppose they are to be found in persons of Bound mind, but certainly not as a rule—I have heard the evidence as to his mother and aunt; the insanity on the mother's side having been proved, I should say the prisoner has a very great tendency to become insane, and if insanity, however remote, were proved on the male side, it would considerably increase the liability in the offspring.

Cross-examined. I saw the prisoner yesterday for not more than a quarter or half an hour; I was called to see him by his solicitor, and knew I was to examine him as to the state of his mind, and that he was to be tried for murder; that was the only time I saw him—I cannot say if at that time he thoroughly understood he was to be tried for murder—I spoke about the gravity of his crime, that he had killed live children, but nothing about the trial—speaking alone from the conversation I had with him, and what I saw of him, I had no reason to doubt that he was a man of sound mind; or I might say rather to prove that he was a man of unsound

mind; it was compatible with sanity or insanity—from what I saw of him on Saturday I would not certify him as a lunatic; I would say that he was not suffering from any active form of mental disease; I could not say he was a lunatic; he did appreciate questions, although rather slowly—his conversation with me was that of a rational man—I should say he knew that the penalty for murder was death, but if he knew I do not think it would have influenced his actions—the opinion I gave that he was of unsound mind at the time he committed the act was formed from sitting in Court and hearing the evidence, and having seen him as well—I heard that he said that he had killed the children, and that he should be hanged for it; I judged from that that at the time he knew he was committing a crime for which he was liable to be sentenced to death—I believe that he knew he was killing the children, and that the penalty for that act was death.

GUILTY .— DEATH.

Reference Number: t18830910-850

850. WILLIAM DEAN (17) , B—st—y.

MR. CULPEPPER Prosecuted; MR. HICKS Defended.

NOT GUILTY .

Reference Number: t18830910-851

851. FRANCIS REARDON (25) , Unlawfully obtaining by false pretences from Thomas Overan 10l. 10s., with intent to defraud.

MR. DOUGLAS Prosecuted.

THOMAS OVERAN . On Thursday morning, 16th August, I went on board the steamship St. Ronan in the Royal Albert Docks—I saw the prisoner; he said he had 60 bags of maize to sell; I asked him where they were; he said between decks—he pointed it out to me—he asked me 4s. a bag—I said I would give 3s. 6d., and agreed to take them for 10 guineas—I asked him for a piece of paper to clear the goods; he brought me a piece with "C. C." on it; I objected to it, and asked him the meaning of the signature "C. C."—he said it meant "Officer in charge"—I said "Can I see him?"—he said "Yes," and took me to him—I asked him if he had sent it—he said "Yes"—I said "What position are you in on board the ship?"—he said "Fourth officer"—I said "You are not sufficient for the goods to get out; I must have a chief officer's pass"—he took me to the chief officer, and he said "Quite right," and directed the second officer to write a pass, and that being written I paid the prisoner 10 guineas—I employed labour and put the goods ashore about half an hour afterwards—the Custom House officer rejected the pass on the ground of its being the second officer's pass—the pass was brought to me and I went on board the ship—the pass was taken by another man to the second officer, and on its being said that the goods would not be allowed out on the second officer's order, the second officer took the pass from the man's hand and destroyed it—on being told that I went and saw the chief officer—the result was I did not get my maize; they told me it did not belong to them—I reported it to the dock company's police, and from them to the Metropolitan Police.

Cross-examined by the Prisoner. I asked you whether the maize belonged to you, and you said "Yes."

Re-examined. I believed it was his property.

ROBERT EDWIN DRUMMOND . I am a shipbroker in Mark Lane, and agent of Mr. Pritchard, consignee of cattle brought over in the St. Ronan—fodder was brought over for the cattle in the vessel, the fodder

belonging to the owner of the cattle, who I believe is an American in New York—I have not seen the fodder in question—surplus fodder is taken possession of by the consignee of the cattle, and sold for the shipper—I have not given instructions to the prisoner to do that—I have to my lighterman Howlett, but not to sell it, only to take possession of it—nobody has authority to sell.

WILLIAM GARLING (Detective Sergeant K). I arrested the prisoner about 11 p.m. on the 17th August in Victoria Dock Road, Canning Town—I told him I was a police-officer, and he would be charged with obtaining 10 guineas from Overan by representing that 60 bags of maize belonged to him, which on inquiry was found not to be so—he said "All right, Sir; if he had not made a noise about it he would have got the stuff."

The prisoner, in his defence, stated that his master on board the ship gave him a pass to go and sell the corn, and that he sold it for 10 guineas, and gave the pass to the man, and the money to his master,

WILLIAM GURLING (Re-examined). The head cattleman was at the police-court during the hearing, but finding this man was in trouble he has left since—on the second remand the prisoner informed me that Tracy, the head cattleman, had given him a pencil order to sell the goods—I did not see the original—I saw a copy of it.

NOT GUILTY .

Before Robert Malcolm Kerr, Esq.

Reference Number: t18830910-852

852. JOHN GILL (19) and WILLIAM BROWN, Stealing a pony and cart the property of John Carr.

MR. GEOGHEGAN Prosecuted; MR. VARBURTON appeared for Gill, and MR. BLACKWELL for Brown.

JOHN CARE . On Tuesday, 7th August, I was in the Lea Bridge Road with a pony and trap, about 4 to 5 p.m.—I went into a public-house, leaving them outside—I came out in about 15 or 20 minutes, and they had gone—a policeman told me something, in consequence of which I went in a cab about two miles and saw the prisoners—I said "This is my pony and trap"—the policeman came in and got hold of them, and said "I shall charge you with stealing the pony and trap"—they had A little scuffle in the road—I charged them at the police-station.

Cross-examined by MR. WARBURTON. I no not Know either of them—it is an open road with trams passing, and plenty of people about.

Cross-examined by MR. BLACKWELL. It was broad daylight—they would not have to pass the police-station in going from the public-house where I missed the pony and trap to the place where I next saw them.

JOSIAH BRADBROOK (Policeman N 526). I was stationed at Hackney, and saw Gill drive by in a trap about the time in question—I went with Carr to the public-house, about two miles distant, and saw the pony and trap standing outside—I went in, and said to Brown "I shall take you in custody for stealing a horse and cart"—Gill said "I know nothing about it"—I made a note of it at the time—in the road Brown said, referring to Gill" He asked me to ride with him, and I did so"—they did not go quietly, and we all three fell to the ground together.

Cross-examined by MR. WARBURTON. Gill was not the worse for drink—they were going in the direction of home.

Cross-examined by MR. BLACKWELL. I understand that Brown is a respectable lad, working as an apprentice—I have found nothing against

his character—he lives at 16, Ada Street, Broadway, London Fields, about two miles from my police-station—the cart was hired—there was a ticket on it with Carr's name and address.

The prisoners received good characters.

NOT GUILTY .

Reference Number: t18830910-853

853. THOMAS PRICE (22), JOSEPH WILKINS (28), ALEXANDER JOHNSTONE (38) , Burglary in the dwelling-house of George Tomkins, and stealing therein six pairs of boots his property.

MR. F. FULTON Prosecuted; MR. BLACKWELL defended Johnstone.

GEORGE TOMKINS . I am a boot and shoe maker, of 52, Lett Street Stratford—on 6th June, at 11.30 p.m., I shut up my premises and went to my apartments over the shop—the next morning I was called up by a constable, and went down and found the window in the workshop open, and six pairs of boots gone—these are three of them (produced)—the other three pairs I have never since seen—I heard Price say before the Magistrate that the window was on the jar.

Cross-examined by Price. It was Wilkins who spoke of the window being on the jar.

Wilkins. I did say so—Johnson gave me permission while in Court, and also Price, to try and get the case settled, as his aunt had a solicitor who would get us off at that Court if we pleaded guilty.

CHARLES BRADBROOK . I am a pawnbroker, of 132, Globe Road—on the morning of 7th June a person came in the shop and pawned this pair of boots for 5s. in the name of James Johnstone—I cannot identify the party.

Cross-examined by MR. BLACKWELL. They looked just as they do now, as if they had been worn.

ALBERT ELMS . I am an assistant to Mr. Brown, pawnbroker, of Bethnal Green—on 7th June this pair of boots was pawned by a man for 5s. in the name of John Johnson—on 13th June he came again—I do not identify him—he brought another pair of boots, on which I lent him 4s—he gave the name of Jacobs—these are the two tickets.

WILLIAM TAYLOR (Police Sergeant K). On 22nd August, at 2 o'clock, I with Sergeant Beales took Johnstone—I told him I was going to take him in custody on suspicion in being concerned with others—I told him to turn out his pockets—amongst other things turned out were these two pawn-tickets relating to these two pairs of boots—we detained him at the station while I made some inquiry, and on our return I asked him where he got those tickets from—he said, "I received them from my brother-in-law Thomas Johnson, about 10 minutes before you took me"—I said, "Who is your brother-in-law?"—he said, "He is a labourer, and he lives at Ashford Street, Camberwell;" he did not know the number—I said, "These relate to boots that have been stolen from a house in Letts Road, Stratford"—I said we were going to take him to Stratford, where he would be charged—he said, "I did not know they were stolen, but he gave me one of the pairs to pledge when at Stratford Station"—he pointed out the pledge on 7th June, which he believed to be the one which he pledged—his brother-in-law is not here—at the police-court he said, "All I have told the police is false, I am going to tell the truth"—he said that Price stole the boots and gave them to him to pledge for 1s., but he did not know they were stolen, and that they had threatened him if he told anything about it.

Cross-examined by MR. BLACKWELL, What he said was not taken down in writing at the time; I think I made little pencil notes of it—I think I said when my depositions were read over to me that he said Price and Wilkins had stolen them; I beg pardon, he said he received them from Price and Wilkins, that he pledged them and they gave him 1s.—I did not make a note of all he said—I think it right to ask a person haying stolen property in his possession how he became possessed of it—I have heard that questioning prisoners has been condemned, but this was making inquiry as to the pawn-tickets.

RICHARD WILDEY (Police Inspector). On 25th August I took Price and Wilkins, and told them I was going to take them in custody for breaking and entering this shop in the Letts Road and stealing boots—Price said, "We know nothing about it"—Wilkins made no reply—they were taken to West Ham Station and charged with this offence and another—Wilkins said, "We know nothing about the boots, but we both plead guilty to the scent"

Cross-examined by MR. BLACKWELL. I heard Price and Wilkins say at the police-court that Johnstone knew nothing about it, and that 'they had simply asked him to pawn the boots.

The Prisoners' Statements before the Magistrate. Price says; "I have nothing to say except that the window was not fastened; it was on the jar." Wilkins says: "I stole five pairs of boots, not six" Johnstone says: "I have nothing to say more than I have."

Price's Defence. Had I known that the case was not going to be settled at West Ham we should not have been persuaded by Johnstone, who said his aunt was coming with a solicitor; and if we pleaded guilty and threw ourselves on the mercy of the Court that we should get off altogether; he said, "You might have to wait a month." We plead guilty to the scent, hut the boots I swear I know nothing about.

Wilkin's Defence. On the first proceedings we got Johnstone between us, and he tapped me on the shoulder and said, "Joe, old boy, you would not like to see me in trouble?" I said "No," and he said, "If you pull me and my brother-in-law into it we shall all get fire years a-piece, and that is no good if we can get it settled here," and with that we pleaded guilty.

The COURT considered that there was no case against JOHN STONE— NOT GUILTY. PRICE and WILKINS— GUILTY .

Reference Number: t18830910-854

854. THOMAS PRICE, JOSEPH WILKINS , and ALEXANDER JOHNSTONE were again indicted for breaking and entering the shop of Frederick Samuel Moll and stealing 30 bottles of scent and other articles, Wilkins having been convicted in December, 1880, to which PRICE and WILKINS PLEADED GUILTY .

FREDERICK SAMUEL MOLL . I have a workshop in Carpenter's Road—at 9 o'clock on 8th June I fastened up the premises and left, and returned about 9 o'clock the next morning, when I missed two pestles and mortars, a lot of bottles of scent and china bottles (produced)—I next saw them at the West Ham Police-station.

Cross-examined by MR. BLACKWELL. The value of the bottles is 24s. per gross—I had 12 gross; I have sold many—I never sent any out except in this form; there would be a cork and a flower on the lid—the label would wash off.

WILLIAM BEALE (Police Sergeant K). On 22nd August Taylor and I arrested Johnstone—he gave me his address, 103, Usher Road, where I found these three china bottles—on returning to the station I asked him how he accounted for the possession of them—he said a man named Price had given them to him—I asked him what Price, and he referred to the prisoner—at the police-court he said that Price's missus gave them to him.

WILKINS—GUILTY.— Two Years' Hard Labour. PRICE—GUILTY.— Twelve Months' Hard Labour. JOHNSTONE— NOT GUILTY .

Reference Number: t18830910-855

855. ROBERT ROBERTS (36) , Stealing three saws, seven planes, and other tools, the goods of Henry Gale. Second Count for receiving.

MR. CULPEPER Prosecuted; Mr. Blackwell Defended.

HENRY GALE . I live at Lavender Street, Stratford, and am a carpenter—on the 21st July I was at work for Mr. Beadle at Stork House Estate—I left off work at 12.30, placed my tools in a cupboard in Mr. Beadle's house—I do not know the name of the house—I did not find the tools again—I looked for them on the Thursday following—these are the tools (produced)—they all belong to me—there are five planes and two saws—they are port of the tools I lost.

Cross-examined. The prisoner's brother did not work for me at the time—he worked on the estate—I do not know where he is now—I have not seen him working about there lately—I don't know who stole the tools.

GEORGE TOOTH (Policeman H 151). I am stationed at Commercial Street—on 21st July I was called to Mr. Hall's, a pawnbroker, at 72, Columbia Road, Stratford—he told me a man had been offering tools, and he did not think it was quite right—I questioned the prisoner—he told me he had bought two saws down a lane for 4s. 6d.—he did not say how he became possessed of the planes—on the way to the station he told me a man gave them to him, and farther on he told me his brother had given them him to pawn—I charged him with unlawful possession at the station—he was discharged—I rearrested him for stealing them from the Stork House Estate—he said he did not steal them, his brother gave them to him to pawn.

Cross-examined. He appeared quite sober when I arrested him on the Saturday.

ERNEST HALL . I am a pawnbroker, at 72, Columbia Road, Bethnal Green—on 21st July the prisoner offered in pledge these two saws and five planes—I not liking his way, put one or two questions to him—he did not answer quite satisfactorily, and I called in a policeman—I asked him who the tools belonged to—he said his brother had sent him to pledge them—I offered him 3s. on the saws and 4s. on the planes—he offered to take that, which was a very low price indeed.

Witnesses for the Defence.

CATHERINE HURLY . I live at 33, George Yard, Whitechapel—on Saturday, 21st July, I saw the prisoner nearly the whole of the day—I was standing at the gate, and saw his brother come down the yard, bringing a basket of tools on his shoulder—he said "Have you seen my brother Bob?"—I said "He has just gone up the yard; I think he has had a little drop of drink"—I am sure he had been drinking—I did not see the

brother give the prisoner anything—I and the prisoner's wife were having a drop to drink at the public-house when the two of them came to the door, and I said "Here you are, have a drink of beer, but not too much"—I did not sec the tools then.

JAMES BARKER . I am a toymaker, and lodge at 33, George Yard, Whitechapel—the prisoner is the manager of the house—I have lodged there for about eight months—to the best of my knowledge the prisoner has always borne the character of an honest man—I have not heard anything against him—I remember when the prisoner was taken into custody—I do not know what day it was—he was at work all day with me, and when I came home I heard he was taken up—I did not see the prisoner's brother that day—I did not see any tools about there.

GUILTY .— Twelve Months' Hard Labour.

Reference Number: t18830910-856

856. GEORGE SMITH (60) , Burglary in the dwelling-house of William Searing, with intent to steal.

MR. GEOGHEGAN Prosecuted.

WILLIAM BRACKETT . I live at 5, Claremont Villas, Walthamstow, next door to William Searing—on 1st August, Mr. Searing Went out and left me to watch his house—I kept observation on it—while in the scullery I heard the noise of breaking glass—I went to Mr. Searing's back door and saw the prisoner with one hand inside the scullery window, which was broken—I asked him how the glass was broken—he said he had heard a noise of breaking glass and he came to see what was the matter—I said that would scarcely do, I should want a better explanation—I asked him where he lived—he said at Green Street—I asked him whether we should go to Green Street together—we set off together—on the way he said twice "Why do you want to arrest me"—I said I did not want to arrest him if his address was all right; and suddenly swinging round his handkerchief, which contained a stone, he hit me in the mouth; ultimately we fell into a ditch—a young man came up and the prisoner taken into custody—I went back and looked at Mr. Searing's premises shortly after—outside the kitchen window I found part of the hasp of the window broken off and a bent knife—I actually saw him with his hand inside.

WILLIAM SEARING . I live at 6, Claremont Villas—on 1st August I left my house safely locked up—the glass in the scullery window was not broken—the hasp was safe—there were about eight feet between the kitchen and scullery window—they were both broken.

ROBERT HARPER . I am a labourer at Lower Temple Street, Leyton-stone—on 1st August I was going down Lea Bridge Road, and I saw Brackett and the prisoner just getting up off the ground—I detained the prisoner till a constable came.

ALFRED JAMES (Policeman N 292). I was on a fixed point at St. James Street Station—the prisoner and Mr. Brackett and Harper came up to me and I took the prisoner to the station—he was charged with assaulting Mr. Brackett and attempting to enter Searing's house—he made no reply—Mr. Brackett's wound was dressed—I went and examined Searing's house—I found the kitchen and scullery windows broken and the hasp down—I found an old knife outside with a mark of brass on it,

apparently as if it had been used to force the catch off the window—it could not open the window because of the bend—a pane of glass was broken—the knife was used inside to wrench the catch.

GUILTY .— Twelve Months' Hard Labour.

Reference Number: t18830910-857

857. GEORGE HAYES (25) PLEADED GUILTY to burglary in the dwelling-house of Charles Winterflood with intent tosteal.— Twelve Months' Hard Labour. And

Reference Number: t18830910-858

858. FREDERICK GODFREY (27) to stealing five antimaccassars and 10s. of Mary Ann Pamment, also to obtaining 2l. from Catherine Roberts with intent to defraud.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]

Before Mr. Common Serjeant.

Reference Number: t18830910-859

859. HENRY GEORGE POLLEY, Unlawfully obtaining 80l. from William Lake by false pretences.

MR. GILL Prosecuted; MR. GEOGHEGAN Defended.

WILLIAM LAKE, JUN . I am the son of William Lake, and live at 6, Conway Terrace, Stratford—on 25th January I met the defendant in High Street, Stratford, and next day I saw him in the little cottage at Merton, where he lives—he asked if I wanted to buy any machinery, I asked what it was; he said an 8-horse-power steam-engine, nearly new, which cost 200 guineas a little more than 12 months before, and that there were two saw benches, 13 saws, and all the gear—I went home and spoke to my father, and he and I went down to Merton again on Saturday—the prisoner took us to a place at Tooting to see the machinery—on the way there he said "I have got these things to sell for a man; he has promised me 5l., and I want you to pay me, that I may not lose the money"—we saw the engine only, and I asked him where the other things were; he said "They are a long way off, but you can take my word they are all sound and complete, as I have told you"—we were satisfied with that, and walked back to his house, where I saw my father pay him 5l. in gold—that was Saturday, June 30, and on the next Monday or Tuesday I received this letter and took it to my father—on the Wednesday I saw the prisoner at Stratford, and said "My father is not willing to give up the things he bought on Saturday"—he said "I don't know what I shall do; I will get him another saw-bench"—I said "He won't look to you, he will look to the owner for the things he bought on Saturday"—I believed he was a mere agent—I then came out and my father went in.

Cross-examined. MR. MARGORAM, a friend, went with us and looked it the engine—I think he is a judge of machinery; he looked at it as an engineer—I did not hear him tell my father that he was paying too much for it—I did not hear my father tell him the price—he said that, it was in working order—I see here "Balance to be paid and machinery to be taken away on Wednesday; should the above not be satisfactory the deposit to be returned, less any expenses"—that was July 4th, and on the Monday I received information that the saws and working gear had been parted with—my father paid the prisoner 75l. on the Wednesday morning, although we had received the letter on the Monday saying that the prisoner's undiscovered principal had parted with the saws and machinery.

Re-examined. This is the memorandum we received which brought about the meeting of Wednesday, July 4th (produced).

WILLIAM LAKE . I am a builder, of Stratford—I went to Merton with my son on Saturday, 30th June, and he introduced me to the prisoner—we went with him to Tooting and saw an engine in a shed—Mr. Margoram went with us—the engine was not working; I did not see any gear, benches, or saws, and the prisoner said that the gentleman to whom they belonged had taken them away—we asked to see them; he said that they were a long distance off, but we might take his word they were what he represented them to be, and that the engine cost the owner 210l., and with the machinery 315l.—as we walked back he said that the gentleman had bought the estate which the shed was on for 2,000l., to cut up the wood for building purposes, and that he got in his debt and lost 1,000l. by it, which was the reason they were for sale, and the lowest the gentleman would take was 80l.—I said "Will the gentleman take 75l?".—he said "If I take 75l. I shall not get the 5l. which he promised me for selling them"—I said "Then I will give you 80l."—I went to his house and gave him 5l. deposit, and he gave me this receipt. (For 5l. on account. "the balance to be paid and the machinery taken away on Wednesday next; should the above not be satisfactory, the tarn to be returned, less my expenses.") At the time I parted with my 5l. I believed his statements—on the Monday he showed me this memorandum. (Stating that his friend had sold the saw-bench, and was willing to take 20l. less)—as I believed he was acting as agent, I determined to have what I had bought—I received a letter from him on the Wednesday, asking me to meet him there that day—I went to his brother's place and saw him—I told him I had come to pay him for the goods I had bought; he said "The benches and saws are sold"—I said "Well, I want what I have bought"—he said "How will you know if I get any others and put in the place of them?"—I said "I want what I have bought"—he said "Well, if you will have them, I must go and buy them; however, it don't matter to me, the owner must smart for it; will you meet me down at Merton at 3 o'clock, and I will get the engine ready on the wheels"—I had a cheque for 75l. with me, but he would not take it—I got it changed at the London and County Bank and went back and paid him the money, and he gave mo this receipt (produced) for 75l., and this list of the things—I went to Merton the same afternoon, and the engine was not in the shed—we met the prisoner on a cab, the other got into it, and I followed them to Mr. Newton's place, where I saw a saw-bench—I said "These things are not what you represented, I am utterly deceived"—he said "If you are not satisfied take that," holding out his hand with money in it, but he drew it back directly—I made no reply—I got a policeman and went to his house—the policeman asked him for his authority, he said "I can give you a written authority"—I think he said "You can have your money by giving me 5l."—I offered him 3l.; he said he should not take that, and I went away—I afterwards went, back and told him I would give him the 5l.—he said "I shan't take the 5l. now, I want 5l. and 2l. for my solicitor"—I came away.

Cross-examined. Mr. Margoram drives an engine—before I parted with the 5l. I knew that the saw and the bench and the gearing, had been parted with, and the prisoner said that he would replace them if he could—I know Mr. Newman now; I did not know him then—the saws and gear were in his possession—the constable would not take the prisoner—he advised me to take the money—Kirby was not present—the money offered me at Kirby's place when Kirby was present—the prisoner said "If you don't

feel satisfied with the goods here is the money, 80l.," pulling a bag out—by the agreement the money was to be returned if matters were not satisfactory, and he proposed that it should be returned less 5l.; I said "No, I will give you 3l."—I have bought things before and looked at the value of them first—I do not buy a pig in a poke—it made no difference to me whether the prisoner was principal or agent, if I got value for my money—I believed he was an agent, and that the things were worth the money—if I had known that he was selling them on his own account I should not have bought them—when I parted with my 75l. I knew that he had sold the saws and saw bench—I brought Mr. Andrews to be a witness, and he tendered the cheque to the prisoner first, and the prisoner said to him "Who are you? I don't recognise you in this matter"—I went twice and examined the engine—I had two engineers with me the second time—the other was Clark; he examined, it once—I was away an hour and a half—I went back to Newman's, and the prisoner was gone—I had not given any time when I would be back; I said that I would join them at the Tooting Tavern—I know that he waited there more than an hour for me—Mr. Andrews was there—I bought the engine to use in my business—I did not premise the prisoner that if he would sell it for me I would give him another 5l.

Re-examined. The prisoner said to the policeman "Here I am, if you want me you can take me;" I said "We don't want to take you."

ROBERT KIRBY . I have been a timber merchant till last month at Hazlehurst Road, Tooting—I have an 8 horse-power engine to sell with benches, saws, and all the necessary gear—the engine was put up for sale on Wednesday, 27th June, and not sold, but the saws and benches were sold to Mr. Newman and taken away on the Saturday morning—I had given 75l. for the engine and gear about 12 months before—the prisoner came to me a day or two before the sale and had some conversation about purchasing the engine, but it came to nothing—I think he saw me on the Saturday after the sale; he said "I am sorry you have sold the machinery; I have a buyer for the engine and the machinery too"—I told him the machinery was sold, but I would try and get it, and he went to Mr. Newman, who bought it, but he declined to sell it—he asked what I wanted for the engine; I said 50l., but afterwards agreed to sell it to him for 40l.; that was on Saturday—he gave me 5s. deposit, and said "The engine is mine"—he paid nothing more—on the following Wednesday, I think, I got a telegram from Polley in consequence of which I went to the shed where the engine was about 3 o'clock, and got it ready—Mr. Lake, sen., and Mr. Andrews were there when I arrived—Newman's is about half a mile off, and we went there in a cab—they then went away, and I had nothing more to do with it—I never employed Polley to sell the engine for me—I never told him to sell the engine and gear complete for 80l. or promised him 5l. for selling it—I never told him I had given 210l. for the engine 12 months before, or 315l. for the engine and machinery—all that I have had is 5s.

Cross-examined. The machinery was sold to Mr. Newman on the 27th—Polley came to me on the Saturday and said "It is a pity you have sold the gearing, as I have got a buyer;" I said "I can't help it, you should have paid a deposit, but I think I can get them back again"—I received this telegram from Pooley: "Get engine on wheels, and if possible get the saws and bench back; will be there for them at 3"—on 4th July I was at

Mr. Newman's yard and heard Mr. Polley say to Mr. Lake, sen., "If you are not satisfied with the goods here is your money"—it was in a bag, but I have no doubt it was money less his expenses—there was a squabble about what his expenses were, but he said "Here is 80l."—Polley and I then went with Andrews to the Tooting Tavern, Mr. Lake, sen., having said that he would be away only a few minutes—we waited there an hour, till 7 o'clock—Polley waited with me there with the bag of money to know whether they were satisfied or not—I bought the engine second-hand—the cost as it stands was under 120l., or taken new from the manufacturer, 200l.—I mean the engine and gear.

Re-examined. Engine and gear are worth about 120l., I should say—the gear sold for 8l., and I gave 75l. or the engine 12 months before—I did not tell Polley that I had given 315l. for the engine and machinery.

CHARLES FRANCIS NEWMAN . I am a corn-merchant—I was present at Mr. Kirby's sale, and bought 45 lots—I bought some saws and a saw-bench for 8l. 2s.—I did not authorise the prisoner to sell them for me—I never saw him.

Cross-examined. He called on me on 4th July, and asked if I had bought them—I said "Yes," but did not tell him what I had paid—he appeared very anxious to buy them—I asked him 19l. 2s. 6d. for them, and he offered me 19l.—he said that he had a horse and van coming for them—I said that he could not have them unless he left a deposit, which he did not do—I took the saw bench and gear away from Kirby's on the Saturday, three days after the sale—I did not know till after the 4th that the prisoner had spoken to Kirby about buying it.

NOT GUILTY .

Reference Number: t18830910-860

860. WALTER HITCHIN (16) , Stealing three sets of studs and other articles of Samuel William Hitchin, and MARGARET PERCY (40) , feloniously receiving the same, to which HITCHIN PLEADED GUILTY , and also to a conviction at Stratford in September, 1881.

MR. CULPEPER Prosecuted.

SAMUEL WILLIAM HITCHIN . I am a jeweller, of 77, Baxter Road, Stratford—the prisoner Hitchin is my son—on 9th August I placed six solitaires and three collar-studs on a shelf in the back room over my desk—they were worth 3l. 5s.—I missed them, and suspected my son, searched all day for him, and could not find him—he did not come home on Saturday night, and I gave information at the station—he had access to the room—these are the articles, and this is part of the lining of one of the cases.

EDWARD ASHTOWN . On 13th August the prosecutor came to West Ham Station, and charged his son, who said "I know nothing about it"

JOHN LLOYD (Police Sergeant K). On 13th August I went with Ashtown and the prisoner Hitchin to 5, Senley Road, and saw Percy—I said "I am a police officer; do you know anything about any studs or solitaires?"—she said "No"—I said "Are you sure you know nothing about them, and that you have not pledged them"—she said "No"—I then called in Hitchin, and said "You have received them from this lad; do you know this lad?"—she said "Yes"—he said "Yes, that is the woman that pledged them"—she said "Yes, I did, and he gave me 3s. 6d. for pledging them"—I said "Where did you pledge them?"—she said "I don't know; it was somewhere in Poplar"—I said "Where are the tickets?"—she said "I don't know Whether I tore them up or lost them"—I said "I shall take you in custody for receiving them"—when the charge

was read to her at the station she said "I only know about two lots; I had been drinking."

GEORGE BLOWS . I am assistant to Joseph Hall, a pawnbroker, of 171, East India Road, Poplar—I produce four gold studs, pawned by the prisoner Percy on 11th August for 10s. in the name of Ann Percy, 77, Brunswick Road—I asked if they belonged to her—she said "Yes"—she seemed sober.

GILBERT PERKINS . I am assistant to Robert Duke, a pawnbroker, of 652, Commercial Road—I produce two pairs of solitaires and two sets of studs pledged by the female prisoner for 15s. in the name of Ann Percy, 77, Commercial Street—she seemed sober.

WALTER HITCHIN (The Prisoner). I live with my father—I knew Perey in August last—her son told me where she lived, and I went with him to her house, and gave her these things, and asked if she would pawn them for me, and I would give her 3s. 6d.—I had never seen her before—she agreed, and asked me where I took them from—I said that I took them of my father—I am certain the word was "took"—she kept back 7s., and only gave me 1s. 6d.

Cross-examined by Percy. I told you as soon as I saw you that I took them from my father—this was at the end of August.

Percy's Defence. I did not know till the Sunday night that they were stolen. I was the worse for drink.

PERCY— NOT GUILTY. HITCHIN**— Twelve Months' Hard Labour.

KENT CASES.

Before Mr. Common Serjeant.

Reference Number: t18830910-861

861. HENRY MARRIOTT (30) PLEADED GUILTY ** to stealing 6s., the money of Alfred Brett; also to a conviction of felony in June, 1878. Judgment respited.

Reference Number: t18830910-862

862. JOHN HENRY SIMPSON (21) , Unlawfully uttering counterfeit coin.

MESSRS. LLOYD and HICKS Prosecuted.

HANNAH ABBOTT . I am a widow, and live with my son, a tobacconist at 61, Old Kent Road—on 2nd August, about 10.15 p.m., I served the prisoner with half an ounce of tobacco—he threw down a half-crown very heavily—I suspected it, but gave him the change, and put it in the till—that was the only half-crown there—when my son counted the money he found it was bad—on 6th August, near 11 o'clock, the prisoner came again for half an ounce of tobacco, and threw down a half-crown heavily—I took it to my son, who came with me into the shop, and said to the prisoner "I think you know this is a bad half-crown?"—he said "I did not know it was bad"—I am sure he is the same man who came on the Thursday—he was given in custody.

Cross-examined by the Prisoner. I am certain of you by the look of you, and you threw down the second coin in the same way.

CHARLES EDWARD ABBOTT . I am a tobacconist—on 6th August, about 10.45 p.m., my mother brought me a bad half-crown—I went into the shop, and said to the prisoner "I think you know this is a bad one, because my

mother says you are the man who brought a bad one on Thursday"—he said "Well, I am a cabman, if it is bad I must have taken it for a fare—the policeman marked it, and I marked the one I received on Thursday.

JOHN BEAK (Policeman R 139). On 6th August I was called, looked at the half-crown, and said to the prisoner "Where did you get this from?"—he said "I don't know"—Mrs. Abbott said "I took this half-crown on Thursday night"—I said "Do you think this is the man?"—she said "I am sure of him"—I found 1d. in his trousers pocket—I asked his address—he said "If I am going to be taken I shan't give none"—he has not given it—he told me next morning that he was not a cabman.

Cross-examined. You said you were a cabman—I asked you whether what you said at the Court about being a cabman for Mr. King, of Walworth, was true, and you said it was not.

WILLIAM WEBSTER . These two half-crowns are bad.

Prisoner's Defence. I do not know where I got the half-crown, and did not know it was bad. I was never in the shop before.

GUILTY .— Nine Months' Hard Labour.

Reference Number: t18830910-863

863. FREDERICK PRINCE (92) and CHARLES BENNETT (20) , Unlawfully uttering counterfeit coin.

MESSRS. LLOYD and HICKS Prosecuted.

EMILY MILLS . I am barmaid at the Star and Garter, Powis Street, Wool-wich—on 31st July, about 6.30 p.m., I served Prince with half a pint of ale—he gave me a half-crown—I put it in the till, where there was no other half-crown, gave him the change, and he left—two or three minutes afterwards Bennett came into a different bar for some ale, and gave me a bad half-crown—I gave it back to him—he gave me a florin—I gave him the change, and he left—I then looked in the till and found the half-crown was bad—I went to the door, and saw both the prisoners together in the street—I went out with the potman, and took them to the station, and gave, the half-crown to the inspector.

Cross-examined by Prince. I did not say at the station that I could not swear to you.

Gross-examined by Bennett. I bent the coin before I gave it back to you—I put it on the counter for you—Prince left some of his beer on the counter.

JAMES BUDD . I am barman at the Star and Garter—I saw Prince put down the half-crown, get his change, and leave—Bennett then came in on the other side, called for a small lemon, and gave Miss Mills a half-crown—she tried it, and gave it back to him—I told him to destroy it, as it might get him into trouble—I then went to the door, and saw them both walking away together—the potman and I took them to the station—I went in the morning with Inspector Dowling to a gully which the prisoners had passed over, and where Bennett had made a shuffle, and found there this part of a half-crown (produced).

Cross-examined by Prince. Bennett told me he had thrown the coin over a garden—I searched for it, but did not find it there.

Cross-examined by Bennett. The barmaid handed the coin to me—I have been in the police.

JOHN DOWLING (Police Inspector R). The prisoners were brought to the station on 23rd July by the potman and barman—Budd gave me this

half-crown, which I marked—I told them the charge—Bennett said "I don't see why you should say I was concerned, as this man is a perfect stranger to me"—he gave his name and address, but Prince refused to do so—I found on Bennett a florin, three or four shillings, a sixpence, and 7 1/2 d. in bronze, all good; and on Prince 3s. 4 1/2 d. in bronze—I asked Bennett about the half-crown given back to him, he said he had thrown it over a wall into a garden—I had a search made there but nothing was found—next morning I had the gully searched, and when the mud was got out I found this half-crown.

Cross-examined by Prince. You said "This man is a stranger to me"—Bennett did not say so—the barmaid said at the station that you were the man.

Cross-examined by Bennett. I was not present when the half-crown was searched for—I ordered them to take a lamp—I saw you shuffle as you passed over the gully.

WILLIAM WEBSTER . These half-crowns are both bad.

Prince, in his defence, stated that he did not know Bennett, and that it was easy for any one to throw a coin into the gutter. Bennett stated that he did not know Prince, but happened to be near him in the street; that he did not know the coin was bad, that it was returned to him, and he threw it over some railings, having been told to get rid of it. GUILTY . They then PLEADED GUILTY to previous convictions of uttering bad coin, Prince in September. 1882, and Bennett in September, 1880. PRINCE— Two Years Hard Labour. BENNETT**— Five Years' Penal Servitude.

Reference Number: t18830910-864

864. CATHERINE FALVEY (46) , Stealing a watch value 3l. 10s., and four sheets and other articles value 7l., the goods of John Hennessey.

MR. BROUN Prosecuted.

JOHN HENNESSEY . I live at 141, Ann Street, Plumstead—the prisoner was a nurse in my employ—on 7th August she said that she was going to see her daughter, and went out—I went upstairs and missed my watch and several other articles, and 1l. 19s. in money—I identify all these things (produced) and value them at 12l. or 13l.—I believe the sheets are mine—my wife is dying—I had not opened the drawers for a mouth—I saw some of the things in July—the blankets were on a to a downstairs, but I cannot say when I saw them last because she covered them over.

Cross-examined. None of these things are yours—I identify them by the marks on them.

CHARLES MICKIE . I am a pawnbroker's assistant, at 67, Plumstead Road—I took in a gold watch on 18th July, pawned for 10s., to the best of my belief by the prisoner, in the name of Collins; also a quilt for 2s. 6d. and a pair of trousers for 2s. on 21st July in the name of Ann Collins, 13, Armstrong Street—I have seen the prisoner in the shop many times.

CHARLES CLIFT . I am a pawnbroker, of 41, Maxey Road, Plumstead—I produce a pair of women's boots pawned for 3s. 6d., and a shirt and bedgown, and a piece of stuff, in the name of Ann Collins—I have seen the prisoner several times in the shop, she is the person who pawned the things—she said that the new pair of boots were hers.

Cross-examined. I asked you distinctly about the boots—I always do so when new boots are brought.

WALTER NEWTON . I am assistant to Messrs. Burton, pawnbrokers—I produce a flannel petticoat pledged on 19th April for 1s. for Ann Collins, and a shirt in the same name—I recognise the prisoner, but I have another person who pledges at the same address, so I cannot say who pledged them.

GEORGE PRICK MAN . I am assistant to a pawnbroker of High Street, Woolwich—I produce a petticoat, a shirt, and a tablecloth pledged in the name of Ann Collins, 4, New Street; a tablecloth on 7th July; and a chemise and apron on 28th July in the name of Ann Quigley, 4, New Street, and two sheets on 3rd May in the name of Ann Collins—I produce the tickets—I recognise the prisoner, but cannot say she pawned them.

SUSAN CRONIN . I am female searcher at Woolwich Police-station—I searched the prisoner on the evening she was arrested, and found these nine pawntickets—she said that the articles they related to belonged to her, and that she had given up to the prosecutor all that belonged to him.

GEORGE BRENCHLEY (Police Sergeant R R 3). I took the prisoner on 7th August at 8 p.m., and charged her with stealing a gold watch and other articles—she gave me four pawn-tickets and said, "That is all I hare taken belonging to Mr. Hennessey"—she said she intended to redeem them as soon as possible, and asked him to forgive her—I afterwards received nine pawn-tickets from the female searcher, and showed them to the prisoner—she said, "Those all belong to my property"—I told her next day that I had found portions of another ticket torn up and thrown down the water-closet, and that the whole of the tickets referred to articles belonging to the prosecutor—she said that it was false, they were her own property.

The Prisoner's Statement before the Magistrate. "I did not steal them. I was determined to get them out on a future day. I did not leave the house. I pledged them in my own name, or my name before marriage."

Prisoner's Defence. My sister would have got them out if they were double the value. The prosecutor said, "Has the old widow woman been and got them out?" The money I know nothing about.

GUILTY .— Two Months' Imprisonment without Hard Labour.

Before Mr. Justice Day.

Reference Number: t18830910-865

865. BLANCHE BURNEY (44) , Stealing two blankets, a bolster, and other articles of John Benbow.

MR. PURCBLL Prosecuted.

ELLEN BENBOW . I am the wife of John Benbow—I lived at 26, Amersham Vale, New Cross—on 3rd July the prisoner took a furnished room of, me, and on 21st July I went in and missed a bolster, pillow, two blankets, a pair of sheets, a counterpane, two towels, and a tablecloth—when she came home in the evening I asked her where my property was—she said that if I would give her time she would get it back—I gave her in charge—I afterwards saw the blanket in pledge.

ARTHUR FIRMAN . I am assistant to Mr. Warren, a pawnbroker, of New Cross—I produce a pillow and blanket pledged on 12th July, and another blanket on 19th July, in the names of Ann Moore and Ann Brewer, I cannot say by whom.

JEPTHA FEASEY (Policeman P 112). On 21st July Mrs. Benbow gave the

prisoner into my charge for stealing these articles—she said that if Mrs. Benbow would give her time she would refund all the things.

The Prisoner's Statement before the Magistrate. "I did not do it with any felonious intent."

GUILTY . She then PLEADED GUILTY** to a conviction at Wandsworth in May, 1883.— Twelve Months' Hard Labour.

SURREY CASES.

Before Mr. Justice Williams.

Reference Number: t18830910-866

866. PETER COTTON (24), JOHN BRANNAN (24), and JAMES BRANNAN (21) , Robbery with violence on Thomas Rodd and stealing 1s., two shirts, a hat, a pair of cuffs, and a stick.

MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. LILLET defended Cotton;

THOMAS RODD . I am a journalist, and live at an hotel in Westminster Road—on 27th August, about 25 minutes to 12 at night, I was in the Lower Marsh, Lambeth, walking to my home—I cannot walk fast, I am a cripple for life—I had on a felt hat and was carrying a stick—as I was walking along Cotton came up to me in the opposite direction—I felt that there was mischief in the man's face, and I got as near to the kerbstone as I could—he did not pass me, but stopped—I went off the pavement into the middle of the road, and endeavoured to walk as fast as I could—he quickened his pace and kept close behind me—I turned round to him and said, "I know your game, wait till I find a police-officer"—he then gave the call for Brannan; he called "Johnnie Brannan," and I was attacked and pinned from behind; my hat and stick were taken, and I was bruised in the most fearful manner on both sides, and my hearing is very indistinct at present; I was shaken all to pieces—there were numerous hands trying to get into every pocket—they knocked me down; I was picked up again—Cotton and John Brannan are the men that struck me—I had a parcel with me containing some shirts, and in the struggle that was taken from me—I was struck in the jaw; the left eye was entirely closed, and the left side of my face was twice its original size the next day—some civilians came up, and then the police—the prisoners made their escape—I would not swear to James Brannan, but I will swear to the other two—about 3 o'clock in the morning I was called to the station, and I there identified Cotton and John Brannan—I have not the slightest doubt of their being the men—I have since seen and identified my hat and stick; these are them (produced); my name is inside the hat—I have not seen the parcel since—I had done nothing to provoke this attack.

Cross-examined by MR. LILLEY. I had never seen Cotton before to my knowledge—I did not put myself in a position of defence to him, or raise my hand—I pointed to him with my stick and said "Look here, I know your game; wait till I find a policeman"—I should not think he was under the influence of liquor—several people surrounded me; I dare say there might have been 12 or 14, but I had no opportunity of counting them; I was too brutally attacked—I was not suffering from excitement, I was from alarm—the police came very shortly—my hat was taken away at the first

onset—I had no hat left in its place—there was no quarrel of altercation between me and Cotton.

Cross-examined by John Brannan. I was solid and sober—I have not said that I was quite insensible after I was attacked, and that I never recovered my senses till I was fetched in the morning to identify Cotton—I did not say that Cotton whistled to a gang on the right-hand side—he called your name out—Cotton struck me several times and so did you—I did not lose any money—the gang came from both sides of the street when Cotton called for you—you attacked me in a moment—I can't say from which side of the road you came—I gave a description of Cotton before he was taken.

ALFRED PRANKHARD . I am a master baker, of 33, Lower Marsh, Lambeth—about 11.40 on the night of 27th August I was standing at the door of my shop with my wife and Alfred Jarrett—I saw Mr. Rodd coming along the pavement—he crossed into the middle of the road and was followed by Cotton—Cotton called out "John Brannan, there he goes in the middle of the road; on him, him with the parcels under his arm"—John Brannan was standing on the cellar flap, and he followed Cotton and the prosecutor up—I saw Cotton go up and strike him in the face once or twice, and he fell down—John Brannan made a pretence to go and pick him up, but he held his hands and held him round while Cotton punched him and rifled his pockets—I said to my friend "You had better be off"—the prisoner could hear what I said; I was close to them—Joseph Brannan was standing among the crowd—I saw the parcel going away down the turning—I don't think it was either of the prisoners that had the parcel—I could not swear to the man that had it—I went up and said "It is no use your running away; I know you all, and I will be sure to have you," and he gave me a push and away they all went—I should think there were seven or eight of them—Cotton carried the stick away; he held it in his hand while he punched the man—my friend fetched a constable while I stopped there—the man would have been murdered if I had not been there; I stopped to protect him—I did not know Cotton before; I might have seen him two or three times—I knew both the Brannans; they are very bad characters.

Cross-examined by MR. LILLEY. I was standing against my shop door about 20 yards off, when my attention was first attracted—the prosecutor and Cotton walked about 15 yards towards me before John Brannan was called—I did not move till I heard the name of Brannan called out, and saw them both running after the prosecutor—a number of people rushed up about three or four minutes after the prosecutor was knocked down and ill-used—I dare say there were a dozen and a half, and more than that—you soon get a mob there—there was not a great deal of confusion and struggling, it was very nearly all over when the mob came round—they found the man had nothing in his pockets—the attack was made two or three minutes after he passed our door, and the mob came round as soon as he was knocked down.

Cross-examined by John Brannan. I did not say at Stones' End that I saw you run away with the parcel—I made a mistake in saying that it was you who pushed me; it was James—you snatched the parcel from the gentleman's arm, but you did not run away with it.

Cross-examined by James Brannan. I did not see you interfere with the prosecutor.

ALFRED JARRETT . I am a brass finisher, of 109, Beresford Street, Walworth—on this night I was talking to Prankard; I saw the prosecutor hurrying along in the road, and Cotton came up and spoke to John Brannan—he said "On him, down him, this is him"—I did not hear any name; I saw the prosecutor being picked up by another one—I went for a policeman.

Cross-examined by MR. LILLEY. I did not say before the Magistrate that Cotton said "Come on, here's a go," or anything like it.

Cross-examined by John Brannan. You were standing outside the public-house on the cellar-flap when Cotton spoke to you; he pulled your arm as he came past, and said "There he is, down him," and you followed him—I did not hear him halloa out" John Brannan."

FRANCIS BOSWELL (Detective) About 2 in the morning of 28th August, in consequence of information, I went with Sergeant Ward to 16, Charles St, which is about 150 or 200 yards from Lower Marsh—I saw John Brannan standing in the doorway; I told him I should take him into custody for violent assault and robbery in the Lower Marsh—he said "I don't know what you are taking me for; I have been home all the evening"—his hand was on the jamb of the door, and behind the jamb I found this stick, which the prosecutor identified—I took him to the station; when the charge was taken he said "It was all a row; I picked up the stick in the street; I did not hit the bloke."

ALFRED WARD (Detective Sergeant). About half-past 3 on the morning of 28th August I went with Boswell to 26, Charles Street, and in a back room upstairs I found Cotton in bed; I told him I was a police sergeant and should take him into custody for violently assaulting a gentleman in the Marsh and robbing him at 12 the previous night—he said "All right, sir, I will get up and dress and go with you"—he dressed and put his hat on; I saw this hat on a chair and said "How do you account for this hat opposite?"—he said "Oh, I don't know"—I said "This is the stolen hat; this is the gentleman's hat"—he said "Somebody put it on my head and I ran away with it"—this was after he had his own hat on—I took him to the station, and the prosecutor identified him—he said "Well, I have done it; I don't want the Brannans to suffer for it"—he said he knocked the gentleman down.

Cross-examined by MR. LILLEY. I took a note of what he said; I have not got it with me—I have a distinct recollection of it; it was very brief.

ROBERT ALLISTON (Police Sergeant L 10). Shortly after 12 on the night of 27th August Mr. Rodd came to the station and gave a description—he was perfectly sober—about two a.m. I went with Boswell and Ward to 26, Charles St. and took James Brannan into custody; he was lying on a bed dressed; I told him the charge; he said "I don't know anything about it; I was at home at the time; it is a shame to take me; it is only because I have been in trouble before."

The Prisoners' Statements before the Magistrate. Cotton: "It was simply a common assault; the man insulted me first; in fact he owned to it before the Magistrate." James Brannan: "If I have bail I will try to find out who has got the parcel."

Witnesses for the Defence.

JAMES BRANNAN . I am the father of these two lads—John fractured his ankle seven or eight weeks ago, and had to use crutches after leaving St. Thomas's Hospital; he was there for a week; he had only left off the crutches nine days before this occurrence because his arms got chafed—I kept him at home during that time; he slept at home every night—he was in no condition to run or jump; it was a very bad fracture; he could walk with the help of a stick.

ELIZA COTTON . I am the wife of Thomas Cotton, and live at 45, Gray Street—the prisoner is my son—on 27th August he was with me up to a quarter past 11—he was drunk—he bears a good character from his employer—he has never been in trouble.

Cross-examined. Gray Street is close to Blackfriars Road—my son does not live with me; he lives at 26, Charles Street.

JAMES BRANNAN— NOT GUILTY. COTTON and JOHN BRANNAN— GUILTY .— Twelve Months' Hard Labour each.

Before Mr. Justice Day.

Reference Number: t18830910-867

867. WILLIAM ALBERT NORRIS (27) , Burglary in the dwelling-house of Matilda Beer, and stealing six cigars and 1l. 2s.

MR. GRAIN Prosecuted.

GEORGE JAMES . I am manager to Matilda Beer, the holder of the licence of the Ship public-house at Shad Thames, Horselydown—I sleep on the premises—on 31st August I went to bed about a quarter to I; I locked up the place; I left a box of cigars on the side behind the bar, partly full, also a pound's worth of silver behind the bar, and a shilling and two sixpences in the till—when I got up in the morning, about 5 or half-past, I found some of the cigars about the floor; I missed some similar to these (produced), also the money, and the till was open—I found the taproom shutter and window down; it was fastened by a bolt pushed in from the outside and secured within—this is the bolt; it might be undone from the outside by twisting it—about half-past 6 Maskell came in smoking a piece of cigar—I spoke to him about it, and he gave it to me; it exactly corresponded with those I lost—I told the police about it.

WILLIAM PIKE . I am a watchman to Darling Brothers at Butler's Wharf—I live at Morris Court, Horselydown—I know the prisoner—Bob Ayres lives in the same room with me—on 1st September, about 1.50, the prisoner came to the house when I came home from the wharf—he said that Bob Ayres had got his black suit of clothes and his wife's watch and 3s. 6d.—he had a lantern with him—he did not come in; he stood outside, and gave three knocks—my house is about two stones' throw from the Ship Tavern.

ROBERT AYRES . I am a labourer—I live in Morris Court with Pike—I know the prisoner—on this Friday night I went to bed at 8 o'clock—at 1 o'clock in the morning the prisoner came to the house and called me and woke me and shook me up—he had a lantern with him with three glasses in it—he said "Do you know that I can stress you home?"—I said "If you have more right to it than I have you had better take the light"—he went away and came back again—he saw Pike.

Prisoner. You are the man that entered the house and took the money and gave me the smoke.

Witness. I say no, I was not at Shad Thames at 1 o'clock—you did not

follow me home with the lamp—when you came to my room I had not got my trousers and boots on; I was undressed and in bed.

WILLIAM LEADBEATER . I am a watchman to the Metropolitan Board of Works—on the morning of 1st September I was watching at some works in the street where the Ship is—it was raining wonderful—I had three lanterns—this lantern was in its place about 1 o'clock—I missed it about 1.30, while I had gone into the stable to get an overcoat—I found it about 4 o'clock about 20 yards away.

JOHN NEWBY (Policeman M 95). On 1st September I was on duty round about the Ship and that neighbourhood—about 3 o'clock in the morning or a little later I was in Shad Thames, and saw the prisoner on the step of the doorway of a wharf—he was asleep—that was about 20 yards from the Ship—I did not wake him up—I left him there, and went and met another constable—he came back with me, woke him up, and questioned him—he said that he had had a row with his wife, and he came out of it; he was not going to stop at home, so he came and lay down there to have a sleep—we left him there—about 5 o'clock I found the Ship window open, and I aroused the landlord—I had previously found this bolt in the street, just outside the Ship.

EDWARD MASKELL . I am a labourer, and live in Vine Street—I saw the prisoner about 6 o'clock on the morning of 1st September—he gave me this cigar—I went into the Ship smoking it—the landlord said something to me, and I gave him this piece—the prisoner did not tell me where he got it; I never asked him.

Cross-examined by the Prisoner. We both went into the house together at 6 o'clock—he was smoking a cigar—I had mine in my pocket then—I went in again at 7 o'clock, and then I was smoking, and the landlord spoke to me.

HENRY HARRIS . I keep a coffee-stall at Dockhead, about five minutes from the Ship—about 4.40 on the morning of 1st September the prisoner came to my stall for a cup of coffee—there was a lamplighter there, and he treated him to coffee and cake—he then went into the Feathers public-house—he came back and gave me this cigar.

WALTER STEWART . I am a labourer—I know the prisoner—a little after 6 o'clock on the morning of 1st September I came up with him in Shad Thames—he asked me to have a smoke, and gave mo these two cigars, one broken and one sound—I afterwards took them to Mr. James.

THOMAS SMITH (Policeman M 269). About 6.30 a.m. on 1st September the landlord spoke to me—I saw the prisoner standing outside another public-house about 10 yards off, apparently the worse for drink—he was chucking a half-crown on the floor, and treating everybody—he asked me to have a smoke and a drink; I refused—he had a smoke—I took him to the station, and told him I should detain him on suspicion of breaking into the Ship public-house—he said "I know what you want me for, but you have got the wrong party this time"—I found on him a half-crown, sixpence, and 5d. in coppers.

RICHARD KIMBER (Police Sergeant M). I saw the prisoner detained at the station—I told him I had been making inquiry about this alleged housebreaking, to be very cautious in what he said, that I had ascertained that he had been giving people cigars—he said "No such thing"—I said "During these hours can you tell me where you were?"—he said "Yes, about 2 o'clock in the morning I left my home and went into the Borough

Market; I remained there till 3.30; I had some coffee and milk; I went down to Horselydown till the pubs opened, then I had some drink, and then I was taken into custody"—I tried this bolt to the Window of the Ship, and found by turning it about I could open the shutter—no doubt that was the way they got in.

JAMES HAIG (Detective). The week after the first remand, I was in the waiting-room at the Southwark Police-court—the prisoner was brought in—somebody asked him how he got on; he said "Remanded for a week"—I said" Is that respecting the cigars?" he said "Yes, I did not take the cigars, but I know the man who did take them; I saw the man go into the house and I saw the man come out of the house, but I would sooner suffer 12 bleeding years than I would tell who it was that done it."

Prisoner's Defence. On this Saturday I was walking down Shad Thames, and going by the Ship I found this window open. Knowing the house I said "There is something wrong," so I went and got this lantern and stopped there, and who should I see come out of the house but this Mr. Ayres. I followed him to his own place. He had not time to shut his own door, consequently I went inside as well. I shut the door and boiled it, and I got a bit of paper and stuck it up against the door and said "Now you are my watchman; if anybody goes out of here that will be removed, while I search the house. I went and searched the house all over, giving him time to get into bed. When I came downstairs I Went into his bedroom and trod on this cigar. It happened to be the one I gave Stewart I said "Have you brought this?" He said "Yes, I have saved yon 10 with this and something else." I was on the booze, and that is how it happened that I was taken for this burglary.

GUILTY .— One Month's Hard Labour.

Reference Number: t18830910-868

868. EMMA BEESTON (30) , Unlawfully endeavouring to conceal the birth of her child.

MR. DIXON Prosecuted.

GUILTY. Recommended to mercy by the Jury .— Judgment respited.

Reference Number: t18830910-869

869. GEORGE WELLS (43) PLEADED GUILTY to a burglary in the dwelling-house of Charles Parrant, with intent to steal; also*†to a previous conviction of felony in October, 1868.— Nine Months' Hard Labour.

Before Robert Malcolm Kerr, Esq.

Reference Number: t18830910-870

870. JOHN GOODE (22) , Burglary in the dwelling-house of Jesse Cornelius Wingfield, and stealing a brooch, his property.

MR. GEOGHEGAN Prosecuted.

ELIZA WINGFIELD . I am the wife of Jesse Cornelius Wingfield—we live at 24, Studeley Road, Clapham, and have a lodger named Francis James Pennelar—on the night of 3rd August we went to bed about 11 o'clock,—my lodger was not at home then—in the morning, about 4 o'clock, I awoke and saw, after I had been awake about a minute, a man put his head inside my bedroom door—I jumped out of bed and called Mr. Pennelar, and said "Mr. Pennelar, there is a man in the house"—he got up immediately and opened the front door—I went over the premises and found the kitchen window wide open at the top—in the early part of the evening I had been in the kitchen; it was only open a little way then, not so far as it was afterwards—the cupboard was open, and the things pulled out and lying in

little heaps—the kitchen window looks out on to the front garden, and the garden is surrounded by other gardens.

FRANCIS JAMES PENNELAR . I am a lodger at Mrs. Wingfield's—about 12.30 on the early morning of 4th August I went to bed—about 4 o'clock I was aroused by a cry from Mrs. Wingfield, and I went and opened the front door and came back with a policeman—we went into the next garden, No. 22, and found the prisoner just over on the other side of the wall between the two gardens—the constable asked him why he was there, and he said he had been simply running after a man without his boots—the prisoner had boots on.

WILLIAM WEATHERHEAD (Policeman W 478). I was on duty on the early morning of 4th August—Mr. Pennelar came to me, and I went back with him to Mrs. Wingfield's house and into the garden of No. 22, where I found the prisoner—I asked him what he was doing there; he said he had seen a man in the garden, and came over there to try and catch him—I had seen the prisoner before at about half-past 12 with another man in the Clapham Road.

By the COURT. The ground was quite dry round the kitchen window.

ELIZABETH COWIE . I live at 22, Studeley Road—I was aroused about 4 on this morning by voices—I looked out of my back staircase window, which looks on to Mr. Wingfield's garden, and looking there I saw a man coming over the wall from Mr. Wingfield's garden into mine—I saw the constable come over the wall and take hold of him—I could see him clearly enough to identify him—I saw a man before the one I saw the constable take—he was out of sight when I came on the landing a second time—I first saw the prisoner on his hands on the brick wall about to spring into my garden, and then he dropped into my garden.

By the COURT. I have thought since I was at the police-court that I had seen a man in my garden, and then I went and roused my husband, and when I came back I saw the prisoner on the wall—I saw two men.

NOT GUILTY .

Reference Number: t18830910-871

871. WILLIAM THOMAS MAIN (29) , Feloniously forging and falsitying the books of his employers, William Edwin Scriven and another. Other Counts for destroying and altering certain books.

MR. BESLET Prosecuted; MESSRS. KEITH FRITH and BLACKWELL Defended.

WILLIAM EDWIN SCRIVEN . I am in partnership with Charles Richard Scriven, as leather factors, 39, St. Thomas Street, Bermondsey—we keep an account with Lacy and Co., bankers, Smithfield—in January this year our accounts were in arrear, and we employed the prisoner as a clerk—he was to have 30s. a week—the prisoner worked on the books, and they were partly brought forward—after a time we permitted him to pay moneys into the bank—we had a paying-in slip-book—this (produced) is it—there is a perforation by which the foil is detached from the counterfoil—we never pay in on any other—the prisoner fetched the pass-book from the bankers, and took it back again—I think it came back made up about four times between 17th March and the time of the discovery—I made out this foil and counterfoil of 17th March—they were exactly alike in every particular—the amount on the counterfoil is 58l. 8s.—in the pass-book 58l. 8s. is written on an erasure—some time after I spoke to the prisoner about the

erasures—he said that there was a young lad who made up the pass-books, and that the chief clerk had great trouble to get him to do it properly, that he had spoken to him several times, and that was the reason he was so long gone to the bank—that explanation satisfied me for a time—I have here a counterfoil of 9th April for 17l. 8s.—I wrote the foil the same as the counterfoil, and I gave the prisoner the money to pay in—there is an entry in the pass-book of 17l. 8s., but it is put in between the lines of 9th and 10th April—on 22nd May I have a counterfoil of 40l.—I wrote that, and also the counterfoil, and gave him the money to pay in—that 40l. is credited on 22nd May on an erasure—some figures have been scratched out and the 40 put in—on 13th June I have a counterfoil for 17l., and 17l. is entered on an erasure as paid in—the figures underneath can be seen, 13l. 12s.—no notes were paid in, I think it was coin in every case—on 25th June there is 18l. on the counterfoil—I wrote that myself, and the foil also, and gave the prisoner the money, to pay in—the entry in the pass-book is 8l., and no erasure—the entry of the balance for the half-year has been altered; it now stands 581l. 2s. 3d. on an erasure: the figures are wrong by 10l. even then—there are erasures in the total columns from 17th March—on finding this, my brother went to the bank—I did not speak to the prisoner about it till 11th July, when a policeman was there—I then said to him that we had a very serious matter to speak to him about—he wanted to know what it was—I told him that he had altered our pass-book and not paid in the money that he had been sent to the bank with—he said "No such thing, it is not so"—I said he was the only one who could possibly have done it, and also that he had made out fresh slips, and I had seen them—only the 10l. slip had been seen then—this is it; it is his writing—this slip has no perforation, and it is longer than ours—it never came out of our book—he has written 8l. in gold on 25th June—that is the one my brother had Been—I told the prisoner that the fresh slip was at the bank—he said he could explain it all—I said it was no matter for explanation, he must go with the policeman, and give his explanation afterwards—I gave him into custody—I afterwards saw at the bank these slips of 17th March, 22nd May, and 13th June—they are not perforated, but plain—they did not come from our book—they are the prisoner's writing—here is a torn envelope containing a number of figures in the prisoner's writing; they are the totals on 17th March, 9th and 27th April, 22nd May, and 13th June, making 47l. 8s., and 3l. 8s. is added, which is equal to my own figures in pencil—as he never bad access to the small banker's book in the office he could only have made these figures from his own discoveries—he had no business to concern himself with the total figures in the pass-book—I asked him on one occasion if he had any old cancelled cheques, and ho said he did not know whether there were any inside, for he had not opened the book—I was in the next office when this envelope was torn up; I heard it being torn up—he was not in custody at that time—it was about 5 minutes before I spoke to him; in fact my brother had gone for a policeman, and while he was gone the prisoner asked leave to go away at 1 o'clock, as he said he had been up all night—this paper is in his writing; it was got from the waste-paper basket, the same as the other, and I put it together after the policeman had taken him away.

Cross-examined. We advertised in the Daily Telegraph: "Temporary book-keeper wanted to get out a balance-sheet from neglected books; must be quite accurate and experienced"—our books were behind and neglected

—we have been in business about three years—we had not had a balance actually struck since about March, 1881—the advertisement was put in somewhere about last December—we gave the prisoner a week's notice because he did not do his work properly—he begged, on account of his parents, to stay another week, and we gave him another week's notice—I could not have said that it was no use attempting to make a balance, as no one could do it, not even my brother—the balance is not now finished, another few days will finish it—I did not tell the prisoner that my brother had been trying to balance them and Had failed; he had been writing them up and posting them, which I did myself—I have not got our cash-book here—I can swear that there was not a large discrepancy between the pass-book and the cash-book last year—I said on the last trial that the exact amount of the prisoner's deficiency was 60l.—all our trading accounts balance, it is simply the stock account that is incorrect, and that will be balanced in a few days; there are four or five accounts that will not balance now—it has not been necessary to insert fictitious entries in order to make something like a balance—my brother made an advance of 50l. to a firm in the north, of which no account was taken by us; it was not paid twice over—I have not been out in my accounts through betting—I once had occasion to speak to the bankers about a mistake, they made the account overdrawn when it was not so—I spoke to them about keeping the prisoner there so long; their reply was in writing—this is the letter; they complained pf our sending him just at clearing time, and they also said that during the time of these defalcations the prisoner had never left the book to be made up—I never took the book myself to the bank more than once, if I did then—after the complaint by the bank we arranged that he should get the pass-book from the bank every Wednesday—that was acted upon nearly, on some occasions it might not be—I should say that no payments in were made by my younger brother in the prisoners time; if it was so, it was only on some special occasion when the prisoner could not go—I took the pass-book home once; I did not keep it for a week; that was when I discovered the 10l.—the prisoner has sometimes been out collecting; he has not brought back as much as 100l., 20l., or 30l. I should say—the office cash-book was copied from the file of paying-in slips and the cheque-book—I did not leave money about on the desk—when there was more cash than was wanted I have sometimes sent the warehouseman with it to a public-house, and got a cheque for it, or kept it till next day; that would only be very seldom, when it was very late—I once put a cheque into a wrong envelope, and we once paid in a post-dated cheque that we were asked to hold over, because we were afraid we should not get the money if we did not; our bankers cleared it, and we got the money—I have not complained to the prisoner that my memory was getting bad about business matters—I have no recollection of his calling my attention to a mistake in the paying-in slip which the banker altered.

Re-examined. I always made out the counterfoils myself except on one occasion, when the prisoner went to get a new book; that was the only one he made—he never complained that I gave him less money than I put down on the slip, I always made him count it in the office before he took it away—there has never been any complaint of my younger brother paying in short.

SAMUEL LONSDALE . I am a clerk to Lacy and Co., bankers, West Smithfield

—I produce the paying-in slip for 8l. in gold on 26th June; that is the slip with which the money was paid in, no other slip was produced—there are similar slips lying on the counter—I only know the prisoner since he appeared in this case.

SAMUEL PAUL HOWLAND . I am employed by Messrs. Lacey, bankers—I produce a paying-in slip of 17th March of several amounts amounting to 38l. 8s.—that was paid—I also produce the paying-in slips of 22nd May and 30th June—they were both received by me of the prisoner and no more—this is the pass book showing the account of Messrs. Scriven—on 17th March there is credit written of 38l. 8s.; that has been erased and altered 158l. 8s.—between the two lines of 9th and 10th April in the pass book there is entered a credit of 17l. 8s., that is not the writing of any on belonging to the bank—on 22nd May I find a credit written of 40l. over in an erasure—I think I see what the original figures were—I think I can see the top of a 3 on 13th June—I find a credit of 17l. that has been written over an erasure, and the 12 has evidently been obliterated in the shilling column; it now stands 17l.—in the casting column the figures are in each case on erasures—the pass book is generally made up from the vouchers and then checked by the ledger—none of the sums mentioned were paid in.

Cross-examined. MR. SCRIVEN has gone for the ledger—I don't recollect telling the prisoner that we had a young lad who was a great deal too slow to keep in the bank—we had a lad who has given us a little trouble sometimes, but not at that period.

THOMAS HUSON (Policeman M 108). I was called by the prosecutor's brother and took the prisoner into custody on 11th July—the prosecutor said he wished to give him into custody for stealing between 60l. and 70l.—I asked under what circumstances—he said by sending him to the bank and also falsifying the books—the prisoner said "You are not going to charge me with stealing it, are you?"—he said "Certainly I shall"—the prisoner said "I was going to explain all to you, but I won't now, since you intend charging me with stealing it"—on the way to the station he said he knew nothing about it and that was all he wished to say about it—he kept on saying that, and at the station he said the same to the inspector.

MR. HOWLAND (Re-examined). I now have the ledger—I went through it this morning and have the items here and can swear to them—the amount in the ledger on 17th March is 38l. 8s.—the 17l. 8s., between 9th and 10th April is not in it at all—on 27th May there is 30l., on 13th June 13l. 12s., not 17l., and on 25th June 8l., the same as in the pass book.

GUILTY .— Five years' Penal Servitude.

Reference Number: t18830910-872

872. WILLIAM BOWLEAR (22) , Feloniously setting fire to certain furze on land belonging to William Richards.

MR. CRANSTOUN Prosecuted; MR. HORACE AVORT Defended.

JAMES CRUTE . I live at Langton House, East Dulwich; my house overlooks Moore Park, Mr. Richards's property—there is a railway cutting between—on 12th August, between 3 and 4 p.m., I was sitting in the garden, on a seat overlooking the park—we had seen the prisoner and another man in the park, and no one park—we had the entire view of the park, which is on the face of a hill—we went into the house for two or three minutes; my son came out and saw the furze in a blaze—I came

out also and saw the prisoner and another man leaving the source of the fire, about 150 yards from it—three acres were burnt.

Cross-examined. They were gathering something, I could not tell what from that distance—one of them had a sort of bag—some of the furze was four or five feet high—the whole of the field is not covered by furze, there is about six or seven acres of it—my son was out before me—the prisoner was not running when I saw him, he was hurrying along under a portion of the hedge—I can't say that I said before the Magistrate that he was not running.

Re-examined. As a matter of fact he was going rapidly from the place—there was a hedge where I saw them first—we could see them going along behind the hedge—the furze was on the brow of the hill, so that you could see—it is detached by pathways between.

ALBERT JAMES CRUTE . I am son of the last witness, and live with him—on Sunday, 12th August, I was in the back garden, and had observed this field for three-quarters of an hour—the prisoner and his companion attracted our attention; they appeared to be picking furze—there was no one else in the field—I went into the house—I returned in a few minutes and saw the furze on fire—the prisoner and his companion were from 15 to 20 yards from where the fire originated, hurrying to the hedge which divided the fields one from another—I called my father out and ran to the house—by the time we came into the garden they had got behind the hedge—my father called out; I scaled the wall and made for them—I traversed 235 and the prisoner 285 yards—when I reached him he was exhausted—I said that I should detain him till Mr. Richards, the owner, arrived—he said the case was very black against him, and did not attempt to go—when I saw them they were going between a run and a trot, and sneaking, crouching, behind the hedge.

Cross-examined. You could see them through the places where the hedge was broken down—nobody called out before I saw the fire—I called my father, he came out in two or three minutes—he had gone in to lay down—they both reached the corner at the same time; his companion got over the fence first, and the prisoner was about to get over when I arrested him—I said he had done it. and then he said "I will stay as the case looks very black against me"—I arrested him then—he was not violent, and he did not try to get away.

Re-examined. There were people coming up.

JOHN BERRY . I am gardener to Mr. Richards, of Tewkesbury Lodge, the proprietor of this field containing the furze—about four acres were burnt—the value is about 40l. an acre for ornamental purposes—there are houses near.

JOHN BIRD (Metropolitan Fire Brigade). I was called to Moore Park on this Sunday afternoon and found a quantity of furze on fire—there is one house quite close, on the top of the hill—I sent for further assistance, because it assumed rather large proportions, and I did not think I could overpower it with the men I had with me.

THOMAS DURHAM (Policeman P 5) On this Sunday I was sent for, and on going I saw the whole place in a blaze.

JOHN KNOLLOCK (Policeman P 288). I received the prisoner in charge from Mr. Crute, and charged him with wilfully setting fire to the furze—lie made no answer to the charge at the station—on the field he said he was cutting sticks for the tops of umbrellas—he gave a lodging-house

address, but no fixed address—he had an open sack with him slit up one end.

Re-examined. I might call it a piece of sacking.

NOT GUILTY .

Reference Number: t18830910-873

873. JOSEPH POULTON, Unlawfully attempting to carnally know and abuse Mary Elizabeth Brown. Second Count, Indecently assaulting Mary Elizabeth Brown. Third Count, Indecently assaulting Maud Collins.

MESSRS. BESLEY and BLACKWELL Prosecuted; MESSES. M. WILLIAMS and WARBURTON Defended.

GUILIY of a common assault on the Second and Third Counts. — Six Months' Hard Labour on each Count.

Reference Number: t18830910-874

874. ANN SHEEN (37) , Unlawfully abandoning and exposing her child under the age of two years, and causing injury to its health.

MESSRS. MONTAGU WILLIAMS and WARBURTON Prosecuted.

ELIZABETH SHEEN . I am 14 years old, and live at 1, Charlotte Place, Lambeth—the prisoner is my mother—on Sunday, 15th July, between 11 and 12 p.m., I heard a hammering at our door, and opened it some minutes afterwards, when I found my little sister, aged one year and eight months, outside—she was wrapped up in a thin shawl and was on the flagstones—I picked her up and gave her to my brother, and my father ran down James Street, and I after him—he said to my mother "Come in, there is a dying child indoors, and see to it"—she said "No, I am going to America with my uncle"—she said he would keep her, and she would not have a lot of children to mind—I am the eldest of seven—my uncle's name is Regan, and my mother had been absent from home drinking with him for some months—she sometimes took the baby with her and sometimes went without it, and left us without anything to give it—my father went out in the morning sometimes before 5 o'clock and did not return until 8.30 or 9 p.m.—he used to bring his money home to my mother in a little square paper bag and to give it to her, and mother used to say "Is this a good week's money?"—he said she never had a bad week's money from him—it was never less than 30s.—my mother had been away three months off and on, and had been absent from the baby a fortnight or three weeks—my uncle came from sea and brought a lot of monkeys and things with him—mother said she wished the baby was dead, and called it a bastard, and I used to cry and say "You cruel mother," and used to run away with it—she called it a little b—.

Cross-examined by the Prisoner. Father did not say "If the Almighty himself came down out of heaven I would not let her in"—you often let us go short of food—father is always in work—you did not go and borrow a sovereign once.

MARGARET MARK . I live at 124, New Church Court, Strand, and am the wife of Philip Mark, fruit merchant, and sister of the prisoner—about three months ago I saw her at the Olive Branch, Waterloo Road, the worse for drink, and drinking with my uncle—she had the baby under her shawl—I told her I did not think she was acting right to the baby, and would she go home—she said she never intended to go home, she wanted to see her husband and children in the workhouse—she said

of the baby she wished the little b—was dead—on 16th July I saw the baby in the father's house and took it to St. Thomas's Hospital—her conduct to her children has been very bad—her husband has been in good employment, and receiving about 30s., 35s., or 2l. a week—she lets her house out in tenements, and does not pay much rent herself—she has been out drinking instead of being with her children—I saw no food for the children—I have never given her drink.

Cross-examined. I have been a mother to your children for years—there is no truth whatever in your statements—I asked you when you were much the worse for drink to return to your husband and children, and you said "No, I shall not go home; I intend to see him and the children in the workhouse"—you said you would live with your uncle.

Re-examined. The child died on the 29th July at the father's house.

GILBERT EDWARD BUTLER , M.R.C.S. I am house surgeon at Westminster Hospital—on Monday, 8th July, the prisoner brought the child there and said she was turned out of her house by her husband, and kicked, and ill-used, and had been walking about in the streets for two or three nights—I asked her what the child had had to eat, and she said nothing except from her breast—the child was very cold and almost pulseless, and very emaciated indeed—I took it in and kept it until the 15th, about 10 p.m., when the prisoner came and took it away—she was told to bring proper clothing for it, but she only brought an old shawl, and I ordered it to be wrapped up in cotton wool—it was suffering from cold and want of proper food and nourishment—it required no medicine.

Cross-examined. You told me you had been knocked about.

GEORGE FRANCIS M'CARTHY . I am a surgeon of 138, Westminster Bridge Road—I saw the child on 17th July, after it had been on the flagstones on the 15th—it was in a wasted condition, and had a watery swelling over the left eyelid, and a similar swelling on the feet, caused by the poor state it was in—it had spots on the legs, which indicated some skin disease at a former period—the state of the child was caused by the want of proper food and nourishment.

Cross-examined. The swellings were caused by the watery condition of the blood, from want of proper food—disease of the kidneys will cause it, but I did not find that in the post-mortem.

ALFRED WARD (Police Sergeant L). I apprehended the prisoner at the Crown, Southward Bridge, on 17th Julys, about 5 o'clock—I told her I was a police officer, and would take her in custody for abandoning her child on the previous Sunday on her own doorstep, and thereby endangering its life—she said "lam glad you are come; I want to hear the end of it"—I took her to the station, and went to 1, Charlotte Place, Lower Marsh.

The prisoner, in her defence, said that she was afraid to go into her house with the child on account of her husband's threats' he having formed a connection with another woman, and she denied having neglected the child.

GUILTY .— Eighteen Months' Hard Labour.

Before Mr. Common Serjeant.

Reference Number: t18830910-875

875. JAMES JERRARD (44) PLEADED GUILTY ** to feloniously uttering counterfeit coin, after a conviction of a like offence, when he was sentenced to ten years' penal servitude.— Twelve Years' Penal Servitude.

Reference Number: t18830910-876

876. CHARLES HENRY MORRALL (20) , to unlawfully uttering counterfeit coin.— [Pleaded guilty: See original trial image.] Judgment respited. And

Reference Number: t18830910-877

877. CHARLES KEEN to feloniously marrying Rose Gascoine, his wife being alive.— To enter into recognisances to appear and receive judgment when called upon. [Pleaded guilty: See original trial image.]

Reference Number: t18830910-878

878. GEORGE ANDERSON (23) , Unlawfully uttering counterfeit coin.

MR. POLAND Prosecuted.

JULIA FREEZE . I am barmaid at the Queen's Head, Fendall Street, Bermondsey—on 29th August, about 4.45 p.m., I served the prisoner with a pint of ale and a pennyworth of tobacco—he threw down a half-crown, which sounded bad—I took it to my master, who sent for a constable.

WILLIAM BOYCE . I keep the Queen's Head—the last witness gave me a half-crown on 20th August—I found it was bad, went into the compartment where the prisoner was, and said "You have tendered a bad half-crown in payment for half a pint of ale, and I shall have to detain you"—he said "You won't give me in charge, will you?"—I said "Yes, I feel it my duty to do so"—he said "I have been at work in Camden Town repairing some harness, and received that in payment"—I gave him in charge with the coin—he was left in the bar a minute, and could have gone out if he thought fit, but not after I got round.

Cross-examined by the Prisoner. I was not in the bar you were in—the coin was handled by two men, but it did not leave my sight.

JOHN NORFOLK (Policeman M R 32). The prisoner was given into my custody with this half-crown, which I marked—going to the station he said "I received three half-crowns between 2 and 3 o'clock this afternoon from Mr. Flint, cab proprietor, Frederick Street, Hampstead Road, for mending harness"—I found a good shilling and one penny on him—I went to Frederick Street and made inquiries, but could not find Mr. Flint—the prisoner gave his address Fitzroy Chambers, Tottenham Court Road, and said he had lodged there about a month.

EDWIN SMITH . I am assistant deputy at Fitzroy Chambers, Tottenham Court Road, a registered lodging-house—people take beds there by the night—I know a great many of them, but out of so many I cannot say whether the prisoner slept there on the night of 28th August—if he had been there several nights I should have known him—I do not know him at all.

Cross-examined. I don't remember a man who had No. 27 bed.

WILLIAM WEBSTER . This half-crown is bad.

Prisoner's Defence. I was at that lodging-house five weeks. I received three half-crowns on the day I was given in custody, for repairing some harness in Hampstead Road, from a man who was introduced to me as Mr. Flint, and I gave one of them to the barmaid.

NOT GUILTY .

Reference Number: t18830910-879

879. GEORGE WILLIAMS (24) , Unlawfully uttering counterfeit coin.

MR. POLAND Prosecuted.

ELIZABETH ELLIOTT . My father keeps a post-office at 170, Old Kent Road—on August 20th, about 12 o'clock, the prisoner came in for five-shillings worth stamps—he gave me two half-crowns and left hurriedly—on ringing them I thought they were good—my husband examined them and gave them back to me—I put them in a cash-box away from other money—next day the prisoner came again for 5s. 1d. worth of stamps—he gave me two half-crowns and a penny—I handed, him the

stamps, but took them back directly—I recognised him when he came in, and spoke to my husband before I served him, and my husband went and collared him—I found the two half-crowns were bad, and then took the two first out of the cash-box and found them bad also—my husband handed the four to the constable—they had not been mixed with other money—I am sure the prisoner is the man.

WILLIAM JOHN ELLIOTT . My wife showed me two half-crowns on 20th August—I returned them to her, and she put them in the cash-box—next day, Tuesday, I saw the prisoner there again, and my wife spoke to me and showed me two half-crowns—he was detained, a constable was sent for, and the four half-crowns were given to him.

HENRY EVANS (Policeman M 373). On 21st August, about 1.15, the prisoner was given into my custody with these four half-crowns—I asked him whether he had any more coins about him—he said "No"—I took him to the station; I only found a knife and some shirt-studs on him—he said that he had been working at Bank side, but he did not know who for, and that was where he got the coins.

GEORGE MATHEWS . I live at 78, Old Kent Road—on 17th August, about 9.30, my daughter called me and gave me half a crown—the prisoner was in the shop eating a cake, and before I said anything he said "If it is a bad one I will give you another one"—I said "It is a bad one," and bent it in the tryer—he put it in his pocket, and gave me a good one, and I gave him the change—I saw him at Lambeth Police-court, and picked him out from several others.

ELIZABETH VIOLET MATHEWS . On 17th August the prisoner came into my father's shop for a penny cake, and gave me a half-crown—I bent it in the tryer, and called my father—this is the coin.

WILLIAM WEBSTER . These four half-crowns are bad—one of the coins passed on the second occasion is from the same mould as one of those on the first occasion.

The Prisoner's Statement before the Magistrate. "I was never in the shop, and I can call five witnesses to prove that I was at Merton on Monday."

Witnesses for the Defence.

ANN MEET . I am a general dealer—on this Monday the prisoner was down at Merton with me—I left home about 1.30, and we went about 1.50 by train—I don't believe he had any money with him; I saw none—he did not leave my company all day—we came home first by omnibus, and by train afterwards, and reached the Elephant and Castle at 9 p.m.

Cross-examined. I believe this was Monday, August 20th—I did not take much notice of the day—it was on a Monday—I was living at 11, Queen Street, Southwark Bridge Road with my husband—the prisoner lives upstairs with his sister—we left the house at 1.30—I know he had not been out that morning; he had come down to me in his shirt sleeves at 10.30—I don't know whether he was out of work—he had lived there five or six weeks—I cannot tell you any of his movements on the Saturday.

By the COURT. He was with me from 10.30 to 1.30—after he came down stairs he did not leave my company till we came home at night—he put on his coat at 1.30, and we went to Merton—we were talking from 10.30 to 1.30.

JOHN WILLIAM MANN . I am a cooking steward—I saw the prisoner

off by train from Waterloo Station about 1.30 or 1.45—I then went home with my mistress, and we met him with Mrs. Meet and Mrs. Martin at the Elephant and Castle at 9.30 or 9.45, and I had a glass to drink with them at 10.15.

By the COURT. I saw him at 1.30 at the station, and I saw him before that at his house at 11.30.

Cross-examined. I went to have a bit of breakfast with Mrs. Martin at 11 o'clock in Mrs. Meet's room; they have a parlour between them—the prisoner was sitting there—he was dressed in the same jacket as he is now—he remained there till they went to the station, and I went with them—I am positive that he was not in his shirt sleeves.

Prisoner's Defence. She said that she could only identify me by my clothes. She said "I know you by your brown coat." Any man might have gone in the same clothes as me.

GUILTY .— Twelve Months' Hard Labour.

Reference Number: t18830910-880

880. ROBERT BALL, Unlawfully uttering counterfeit coin.

MR. POLAND Prosecuted.

GEORGE RAY . I keep the City Arms beershop, 88, Borough Road—on 20th August, about 10.55 p.m., I served the prisoner with half an ounce of tobacco, price 2d.; he gave me a half-crown—I kept it in my hand, and gave him the change—he left—I noticed that it was bad, and sent the potman after him—while the potman, was out, the prisoner came in again, and put down another half-crown—I seized him, and called the police—he said that he was innocent, and a man outside had sent him for the tobacco—he was sober—I gave him in custody with the two coins.

WILLIAM FOY (Policeman M 332). The prisoner was given into my custody with these two coins—he said "I admit offering the two half-crowns, a strange man gave them to me; I don't know him, I met him last night at a coffee-stall, and left him; this morning at 8 o'clock I met him again accidentally at the public-house opposite, he gave me a half-crown, and asked me to get him half an ounce of tobacco, which I did, and gave him the tobacco and change; he then gave me another half-crown, and asked me to get him a cigar, and before I had time to call for it the landlord seized me; I had no idea they were wrong"—he said the man was outside the beershop—I was in uniform—I did not see any man—I found on the prisoner these five duplicates, two of them are for silver watches.

WILLIAM WEBSTER . These two half-crowns are bad, and from the same mould.

Witnesses for the Defence.

ABRAHAM POOK . I am a shell-fish vendor—on Monday morning at 1.15 I was with the prisoner at the corner of Suffolk Street, and saw the same wan, who was afterwards with the prisoner changing a bad half-crown at Mr. Dewsbury's house—I knew aim before, he had tried to do me with a florin two years ago.

Cross-examined. I have no shop; I have a barrow—I live about five minutes' walk from the City Arms—I have known the other man two years—he is an utterer of bad money—I don't know how he came to be with the prisoner; he came up to the coffee-stall when I was having a cup of coffee—that was the first time I had seen the prisoner—I went

away, and left them, but I saw the man afterwards in the Equestrian about 9.20—the coin was broken there, and he ran away.

JAMES MILES . I am a stonemason—on 20th August I met the prisoner in the Borough, about 7.20 a.m., with a young man who asked me to have a drop of drink, which I did—that man had 18 months a short time ago for changing bad money, but I don't know whether he is still keeping on the same game; in fact, I hardly knew him at the time.

JOHN ALFRED LINDSAY . I keep a coffee-stall at the corner of Suffolk Street—on 20th August, about 1.15 a.m., the prisoner was at my stall with a man who I have not seen since.

Cross-examined. The prisoner was living at Great Dover Street, where he lives now—it is about five minutes' walk from the City Arms—it is a coffee-shop—I don't know what he is.

The prisoner, in his defence, stated that he received the coins from another man and did not know they were bad, and that three policemen were looking after him.

NOT GUILTY .

Reference Number: t18830910-881

881. JOHN OSCAR FISHER (28) , Feloniously forging and uttering a request for the delivery of 50 gross of tin boxes, with intent to defraud.

MR. MONTAGU WILLIAMS Prosecuted. MR. BESLEY Defended.

JOHN FRASER . I am a tin wire manufacturer, in partnership with my father, at Long Walk, Bermondsey—on 30th July the prisoner came into our service as traveller by a written agreement—this (produced) is the copy which he signed—he commenced his duties on 2nd August, and on 4th August he gave me this order from J. J. Norman for 50 gross of tin boxes—he had brought me a box on August 2nd, and said "I want you to quote me 50 gross of these boxes to-morrow morning"—I wrote to him, and on the 4th he came with the order and said "I received your letter too late yesterday afternoon to see Mr. Norman. I saw him this morning and secured the order"—he asked me to give him 5l. on account of the commission.—I said "It is rather unusual to pay on account; it is rather a large amount"—he said "I am very much pressed for money, and as Monday is a holiday I should be very much obliged by 5l."—my father consented, and I then gave him this cheque (produced) believing the order to be genuine.

Cross-examined. My father is not here, he is ill in bed—I gave the prisoner in custody—I knew that he had been travelling in the same line of business before—the first time he mentioned Mr. Norman was, I think, August 2nd, when he brought the box—he asked me for a guess price—I said 66s. to 70s.—he said "That is too much," and he thought he could get the order at 62s.—I said that I would go into the matter and let him know in the morning—I wrote and quoted the price at 62s.—I had to get the printed part done in South Wales, which led to a month's delay, but he said that Mr. Norman would not want the delivery for two months—Mr. Norman offered to be his bail at the police-court—a gentleman was there from the Public Prosecutor—the only complaint made there was obtaining 5l. by false pretences—my father drew the cheque on 4th August, but he took no active part in the conversation—as he was drawing it the prisoner said "Make it 6l., please"—he said "No, 5l. is sufficient"—my father had not said "We shall be shut up till next Wednesday, if you want any money," nor did the prisoner say "If you will let me have a pound or two I shall be obliged," nor did my father say Very well,

how much do you want?" nor did the prisoner say "If you have no objection I shall be glad of 5l."—there was no conversation with my father, only with me—he told me he was going to call on Messrs. Epps, the cocoa people, and then he asked for something on account—the order came to 155l.—his having travelled for another house in the same trade was not a recommendation to me.

Re-examined. I took him because he called five or six times and pressed his services very much—life said he could brings us 300l. a month, and that he had only been married two months—I said "If you can get orders at the price you say you can, I will give yon 5 per cent, commission."

JOHN JAMES NORMAN . I am a manufacturing chemist, of 33, Walbrook—this order is not in my writing; it is not my signature, nor did I authorise the prisoner to write it.

Cross-examined. I gave a promise of 50 gross to the prisoner as soon as I got through the boxes which had been supplied to me—he pressed me for an order for the new firm which he was travelling for—that was about the end of July, two or three weeks before he was arrested—he mentioned Mr. Fraser's name and said that he would have to send to Wales to get the printing done, and it would take some time to get them ready, as they did not do their own printing—I had not given him a positive order for 50 gross in October, but by this time I should have wanted them, and I should have had no objection to confirm the order if he had not been charged—I never heard anything against his respectability—I became bail for him, and I will give him employment tomorrow if he is clear—I said so at the police-court before the Public Prosecutor was introduced—I should be very glad of the tins at the price.

Re-examined. I said that I was willing to take them—Mr. Fraser offered them to me and I refused to receive them and said that it was a forgery, but at that time they were not made—I have only lost a lot of time; I have not since become bankrupt.

RICHARD KIMBER (Police Sergeant M). On Sunday morning, 12th August, I went to 42, Lambeth Road, saw the prisoner, and read the warrant to him for obtaining 5l. from Mr. Fraser by false pretences—he said "It is a very bad job; I was in want of money, can I see Mr. Fraser?"—I said "No, I think you cannot; my duty is to take you to the station and take you before a Magistrate"—he said "I can pay the money"—I said "I have nothing to do with that."

The prisoner received a good character.

NOR GUILTY .

Reference Number: t18830910-882

882. JOHN OSCAR FISHER was again indicted for unlawfully obtaining 5l. of John Fraser by false pretences.

MR. POLAND offered no evidence.

NOT GUILTY .

Reference Number: t18830910-883

883. JOHN WATLING (28) and ELIZA WATLING (27) , Stealing 8l. 2l. of Alfred Edwin Hill from his person.

MR. CULPEPER Prosecuted; MR. FRITH Defended.

ALFRED EDWIN HILL . I am a packing-case maker, of 53, Farncomb Street, Bermondsey—on Sunday morning, 29th July, I was with my brother in Jamaica Road coming from one of my uncles' benefit—it was rather dark, and I slipped off the kerb and laid on my back in the

road for about a minute—my brother went on, not knowing it—the male prisoner came up to me and said "Get up, old chap," with his hand in my right trousers pocket, and took out four florins and 2d.—I got up and said "I want you, you have robbed me"—he said "I have not"—I took hold of him—my brother ran back and said "What is the matter?"—I said "Will you go for a policeman?"—the prisoner struck me but my left cheek and knocked me down on my back, and as I was getting up he knocked me down again and tried to kick my head, but he kicked my hand—four other men were there—two constables came up and brought him back, and asked me if he was the man—I said "Yes," and accused him of robbing me—the others got away—the female prisoner followed us and struck at my brother—I had had a glass of ale, but knew what I was doing.

Cross-examined. The glass was tilled with ale two or three times—my brother had had a drop—I was perfectly sober—I did not see Mrs. Rendall there—I cannot say whether any woman came and tried to wake me up—I did not strike the male prisoner on his left ear, he did not give me a chance—I was only at the benefit two hours—I left about 11.30 p.m. and went to my aunt's, and I dare say I sat there an hour and a half without having a drain—no woman said "Thirty of us could not get him up if we tried"—Handle and the female prisoner did not get hold of me and ask mo if I knew where I was lying—the male prisoner lifted me up and asked me if I was all right, and I said "Why, you have robbed me"—he said "I have not been near you, I only picked you up"—I did not say "I had some money in my pocket," nor did he say "Very likely"—I did not say" I shall accuse you of it," nor did he say" Is this my thanks for picking you up?"—I did not hit him on the left jaw before he hit me, nor did I hit him afterwards—I did not get hold of his coat and tear it, and say" If you strike me I shall strike you back," nor did he give me a shove and say "Go away"—I did not say "Do, and I will wait here till you get a constable"—he tried to get away, but the neighbours would not let him; I have a witness to-prove it—I never saw her before—my brother did not strike the prisoner or anybody with a stick on the head and throw the stick over a fence; somebody took it from him—he did not fetch a constable.

Re-examined. The robbery was half an hour's walk from the public-house—I had been walking half an hour.

CHARLES PASCOE HILL . I work in the electric light trade at 53, Farncomb Street—I was with my brother coming from my uncle's—we left the lead about 11 o'clock—we did not hurry along—my brother slipped off the kerb in Jamaica Street—we were walking arm in arm—I thought he was going to get up and would follow me—I went on for about a minute, and then saw him holding the male prisoner by the arm—I saw no one else—I saw my brother strike him and give him a black eye.

Cross-examined. I had a stick; somebody took it out of my hand.

JANE CHRISTIE . My husband is a stoker, of 29, Parker Street—on 29th July, about 12.30 a.m., I was upstairs waiting for my husband, and heard screams of "Murder"—I went to the door, and saw Alfred Hill just getting off the ground—the prisoner was there, and I said to him "Don't hit him again;" he said "I will"—the prosecutor said "Don't, you have hurt my eye now"—he then said to his brother "Come on, old Charley, come home"—he made a rush at him, saying

"I will hit you again;" I said "Don't," but he did, and I said "Oh, you black villain."

Cross-examined. The prisoner did not say that for two pins he would give him a jolly good hiding, but the female prisoner came up and said "I will give you a bleeding smack on the mouth"—I had not seen her at first.

JOHN NORFOLK (Policeman). I was called and took the male prisoner half way down Farncomb Street—several people were round him—I told him I should take him in custody; he said "They have made a mistake"—the female prisoner came behind the two male witnesses and struck them on the head and said "If you take my husband you shall take me"—on the way to the station the male prisoner said "I have a lot of money in my pocket"—I searched him at the station, and found this book (produced), and in his right trousers pocket two florins and 3 1/2 d., and in his left six florins, two shillings, a sixpence, and 2 1/2 d.—when the inspector read the charge he said "How much do they say I robbed him of? you will find if you refer to that book that I received 2l. 4s. 2d. at the Commercial Dock to-day for wages"—the complainants had been drinking, but they were not drunk: they walked to the station, signed the charge-sheet, and answered every question I put to them.

SIDNEY MARKS (Policeman M 330). I was with Norfolk when he took the prisoners—the male prisoner had been drinking, and so had the two Hills, but they knew what they were about.

Cross-examined. The woman was only taken for assaulting the prosecutor.

NOT GUILTY .

Reference Number: t18830910-884

884. JOHN WATLING and ELIZA WATLING were again indicted for assaulting Alfred Edwin Hill, upon which MR. CULPEPER offered no evidence.

NOT GUILTY .

Reference Number: t18830910-885

885. CORNELIUS COOPER, JOHN TAYLOR (37), and THOMAS TAYLOR (33) , Unlawfully conspiring to cheat and defraud George Verrall and others of their property. Other counts for conspiring to steal from McCorquodale and Co. their property. Other counts for forging and uttering certain tickets, and for defrauding Thomas Hoodless of his property.

MR. GILL Prosecuted; MR. GEOGHEGAN appeared for Cooper, and MR. KEITH FRITH for the Taylors.

ALFRED BRUSHWOOD . I live at 48, City Road, and am a lithographic printer in the service of McCorquodale, printers, Thomas's Street, Borough—they have been employed for some time past to print race-course tickets—I know John Taylor—I have seen him and his brother together on several occasions—I met him one day some time ago, and he said "This is my brother"—John Taylor had been in the employment of the firm, and knew all about the printing of these racecourse tickets—I used to see him at home; I was sent there when he stopped away from work—after he was discharged I used to meet him at Goswell Road—I remember the order coming just before the August Bank Holiday, to print the tickets for the Bank Holiday meeting—I received the cardboard for them to be printed on—each card would contain 12 tickets—I printed 179 of the 180 cards, and kept one in the office for a copy; that left 178—172 of those I placed on the bench before Mr.

Lindsey—that left six cards of 12 tickets each, 72 tickets—about 7.30 on the Monday week before Bank Holiday, I met John Taylor at the bottom of Fore Street—he asked me if the Croydon tickets were in; I said "Yes"—he said "I dare say you will have to print them;" I said "Yes"—he said "Will you bring me out some?" I said "Yes"—he said "I will meet you on Wednesday evening at the same place"—I gave him the six cards in the street, and he asked me if I would go and have a glass of ale with him; I did so—he had left the employment; I think he was discharged at Whitsuntide—I know he had printed the race cards when he was in the employment—then they would not come into my hands at all—he had spoken to me at Whitsuntide about the race cards; he was at work then at the same time as I was on the premises—the cards I gave him on the Wednesday were of this description (produced) when I gave them to him, but they had no number whatever on them—they were printed on both sides, and the number and "6 Aug., 1883" is on both sides—it is a card printed for this particular meeting, from a stone prepared for the particular card.

Cross-examined by MR. GEOGHEGAN. I have been a lithographic printer, I should think, for 14 years—I have never heard of any stuff that will erase printer's ink—I do not think you can take it out; I am not certain of it; I would not swear to it—I know nothing about type.

Cross-examined by MR. FRITH. I have been a little over two yean in McCorquodale's employment—they are good masters to me—Taylor had left some weeks when the interview first spoken of occurred—there is no one to corroborate me as to that interview—I did not know I was going to steal my master's goods—I should not have taken them if I had not been asked for them; I knew I was taking what was not mine; I did not know I was stealing—I knew I was taking cards without their belonging to me—I don't know that the firm's orders are not to part with these tickets to anybody—I knew I had no right to them; I should not have done it—I was charged at the police-court—I had to tell the truth; it made me so ill I was obliged to—Langrish had me down in the office and talked to me about having the cards—I did not know that by making these statements I should be let off—after I was discharged I expected to be called as a witness; I hoped to be let off for my wife and family.

Re-examined. I went to the police-court to be called as a witness; before I was called I saw Langrish; I did not tell him anything—I was charged on Thursday morning by the firm, by Mr. Langrish—before he charged me I had not told him a word.

JAMES LINDSEY . I am foreman of the lithographers at Messrs. McCorquodale's works—I received orders to print 2,000 enclosure tickets for the Croydon racecourse some little time before Bank Holiday—they were printed from a design prepared for the purpose on stone—after Brush-wood had printed them I took them from the bench and gave them to Stevens to cut up into tickets.

WILLIAM STEVENS . I am a cutter in the service of McCorquodale's—I cut the tickets and sent them to be numbered by Cole—when numbered from 1 to 2,000 they were returned to me; the same number were returned as I had sent—there was a surplus, which I put into a drawer and afterwards destroyed.

Cross-examined by MR. GEOGHEGAN. I cannot say if there is any stuff that will erase printing ink.

ALFRED COLE . I am a numerical printer in the service of McCorquodale's—I received the tickets to number, and handed them over to Mary White to do—I did not see them after they were numbered—I know the numbers—several tickets were shown me at the police-court, and amongst them were tickets that had not been numbered by me; they were not ours at all, duplicates—Langrish showed me some type and some printing ink in a paper—to the best of my belief I should say that type would produce the numbers on the forged tickets—the lines on these betting cards (produced) have been erased and fresh ones stamped in on both sides—the first of these cards (produced) is all right; it has got the numbers on; the second one has had the lines erased; I can read the remainder of the numbers—on the third card fresh lines have been put on—the red and black ink are both printing ink—I stamped these numbers with the type and ink.

Cross-examined by MR. GEOGHEGAN. I have seen the bottle found on Taylor; this is it (produced)—I have had twelve or fourteen years' experience, and know no chemical that will erase printing ink completely—I have not tried this stuff—the type on Hoodless's tickets is not of a very common fount—it is not very uncommon for tickets; the figures are cut nicer—I have seen similar type before.

Re-examined. I never saw any type cut on both sides before.

MARY ELLEN WHITE . I am employed at McCorquodale's to number—I numbered the tickets for the August Bank Holiday meeting—some of the tickets shown me bear our numbers and some do not—I have looked through them.

FREDERICK CATHCART . I live at Ferndale Road, Clapham, and am manager to the Croydon Racecourse Committee—Mr. Frederick Verrall is clerk of the course—we issue tickets for entrance to the large enclosure, at 2s.—before the Bank Holiday meeting we had 2,000 tickets printed for that 2s. enclosure, numbered 1 to 2,000 consecutively, by McCorquodale's—the practice is, a person buys a ticket at the box and gives it up at the entrance as he goes in—anybody coming out would get a pass, which Would be one of the same tickets as sold at the box—neither of the prisoners are connected in any way with the committee—after the day's racing on Bank Holiday the tickets taken on that day were brought to me by the checktakers—I handed them to Langrish, who found among them 48 forged tickets—I am a wood engraver; I can tell the difference between the genuine numbers and the forged—the red ink is the bookmaker's—the type found on the prisoner would decidedly print 23 the same as on this forged ticket—anybody going into the enclosure with a forged ticket might come out and get a good ticket.

Cross-examined by MR. GEOGHEGAN. These tickets are not transferable, but we cannot prevent them being transferred.

THOMAS HOODLESS . I am a bookmaker and attend the metropolitan race meetings, and am known as doing so—I always bet in the small ring—the 2s. enclosure at Croydon corresponds to the 2s. 6d. ring at other places—I don't remember seeing either of the prisoners before—these are some of my betting tickets—I have a clerk—at a race at Croydon people will come and ask me what I will lay, or I will call out the odds; if they are willing to take them they hand me their money and I hand a ticket and call out the bet to the clerk and the number of the ticket, and he enters them—after the race I pay

whoever produces the number—I don't recollect the identity of any particular person—I can't say that I have paid the same number more than once, I fancy I have—of these three tickets one has the proper number, on this the whole thing is erased, and on this are fresh lines—I should pay a ticket as soon as I saw it was all right; I should not pay particular notice.

Cross-examined by MR. GEOGHEGAN. These documents are called briefs—my brother is my clerk—losers always chuck their tickets away—I may have been done twice over—I am known at Kempton Park and Croydon—I should be safe if a cry of "Welsher" were raised—I could resist as to the validity of a bet without any fear—I think I have the moral courage to do it.

Cross-examined by MR. FRITH. I should only pay on the number to the man who produced the ticket—sometimes I think I have had to pay more than once—I make no charge against them.

JOHN LANGRISH (Police Inspector, Criminal Investigation Department). In the course of my duty I have attended a good many racecourses including places like Croydon, where there are tickets for the enclosure—prior to 6th August complaints were made with regard to the tickets, and in consequence, on 6th August Bank Holiday, I went with Denny to the race meeting at Croydon and kept observation on people leaving for Croydon at the Cannon Street Railway Station—I first saw Cooper and Thomas Taylor together—I did not know them by sight—I saw them with a number of others whom I did not know and watched them—I followed them to Woodside Railway Station adjoining the course alone—Denny had left me at Cannon Street—they went on the course with two or three others, and I saw them go into the 2s. enclosure and come out and go in again as the second race was run—the course was being cleared and I saw Cooper pass something to some one else on the course, and I gave the signal for their arrest—I did not know the man to whom the thing was passed or what the thing was—that was outside the enclosure, on the course—I saw him go in and out of the enclosure twice—I took Cooper with the assistance of Denny, who had joined me on the course, to some buildings adjoining the racecourse—I had given the order for both of them to be arrested—I searched Cooper first and found on him 10 of these Tom Hoodless's cards, these instruments, for printing, I believe, and 26 brass numerals, this piece of wood, two enclosure tickets and two pieces of paper, one containing black and the other red printing ink—the numerals and ink were in his inside coat pocket, and the bottle containing some fluid and the tickets were in the outside pocket—the numbers had been erased from nine of the 10 cards so that other numbers could be printed on them—when bookmakers on a racecourse give out a card to indicate the receipt of money for a bet, the man does not go back with the ticket if he does not win, he will throw it away—the brass numeral letters are not of the ordinary make, they have a number at each end; some of them are smaller at one end than the other—these 329 would correspond with Hoodless's ticket—the larger numbers corre-pond best with the enclosure tickets—I found marks on the oblong piece of wood, of numbers having been stamped on it, such as would be made by stamping a numeral on an intervening card—I have tried an experiment with the fluid in the bottle—it will rub off printing ink and enable it to be removed—I said to Cooper "How do you account for

possession of these type and tickets?"—he said "That is my business"—that was all—I searched Thomas Taylor and found on him a genuine enclosure ticket, some money, and two or three duffer rings in his pockets, useful to drop—he said nothing—before the prisoners were taken before the Magistrate I got the whole of the tickets taken at the enclosure gate—there are 48 corresponding numbers, duplicates—the 48 are differently executed to the others, being more roughly done; I can tell which are McCorquodale's and which are the forgeries—there is a curl on the 2—I went to McCorquodale's on several occasions, and from information, I took Brushwood in custody and charged him with conspiring to steal the tickets from McCorquodale's—I saw John Taylor at Southwark Police-court on 16th August—I had previously seen him at Clerkenwell Police-court; that was after I had arrested Cooper—Denny took John Taylor—Brushwood had made a communication to me on my first visit to McCorquodale's, and after that I saw John Taylor and had an interview with him—they went before the Magistrate on 7th August—they were remanded until Saturday, the 11th, Bench day—between those dates I saw John Taylor at Clerkenwell—I said "Have you ever been employed at McCorquodale's, the Armoury, Southwark?"—he said "I have"—I said "Have you ever printed tickets for the Croydon races?"—he said "I have"—I said "Can you describe to me the system by which the tickets are printed?"—I did not show him the tickets—he told me they passed through different departments, the last being the numbering—I asked him whether he knew Brushwood—he said "Yes, I know him"—I said "When did you see him last?"—he said "Saturday, the 3rd or 4th, I think; he called at my house, I think"—I said "When prior to that?"—he was not in custody at that time—he said "It was the Monday or Tuesday, I think, but I had had a little drink; I gee him as a rule two or three times a week"—I know Hoodless as a bookmaker—he was at Croydon races—I noticed when he was carrying on his business as bookmaker that Cooper and Thomas Taylor were very close to him on several occasions when he was calling out the numbers.

Cross-examined by MR. GEOGHEGAN. I swear I did not also see him close to other bookmakers—I said at the police-court in cross-examination "I saw him against several bookmakers, I saw nothing suspicious as regards that"—the bookmakers stand all together; they paid most attention to Hoodless—it was the Hoodless who was in Court on Saturday that they were near, I did not know at that time whether it was Tom or Harry—I go a good deal about the racecourses near London—I don't remember having seen Cooper at any racecourse before—I go in the interest of the Race Committee and the police to look after bad characters—I should look after welshers—I did not go with Sergeant Ham—I don't know sufficient about betting to know if it was a list of the acceptances for the St. Leger that was found on him; it was not for a cricket match at the Oval—I tried the stuff in the bottle, on a piece of paper stamped with ink, at the office, Scotland Yard—I rubbed it on and it obliterated the ink—it would very nearly do it on the 329 genuine card—I have not had it analysed—I have had an opinion about it—I do not know that part of its ingredients are chilies—I have never heard the joke about wetting a wineglass with chilies—I did not take Cooper into custody until the second race was run—I kept my eyes on him and his companions the whole time—Denny and four other officers were with me when I saw Cooper pass something

to a man unknown—they were clearing the course, and they could not take the other man, he was lost—I sent off a uniform officer, I don't know his number or name—I said "Look after that man"—he belongs to the P division—I cannot say if he is a sergeant, the rush was so great—I believe the two enclosure tickets found on Cooper were genuine, I did not print them—at Croydon I charged Cooper and the other two prisoners with loitering with intent to commit felony, and the Magistrate discharged them—after that I brought them up at the Southwark Police-court—I received my instructions from Messrs. Wontner, the solicitors to the Race Committee—the night he was taken I made inquiries about Cooper—I said at the police-court "I have not seen Cooper at other race meetings; I find he is a tool-cutter, living at 25, St. James's Walk, Clerkenwell"—he works at the shop of a telescope-maker—I found several tools in his shop—when I asked him to account for the possession of this type he said "That is my business."

Cross-examined by MR. FRITH. Nothing relative to this charge was found on Thomas or John Taylor—I saw Thomas Taylor in London at the railway station with half a dozen to a dozen racing men going down, and afterwards with Cooper at Croydon—John Taylor I never saw before in my life—when I commenced this series of questions he was not in custody, I did not intend to take him then; Brushwood had not given the information then—I was investigating the matter, and thought it a proper act—I did not argue with him.

By MR. GEOGHEGAN. Tickets very similar to this, only on paper are used as advertisements and thrown about—I thinly the ordinary printer makes the betting card design—I cannot say if a special class make it.

Re-examined. The last time the prisoners were before the Bench at Croydon it was suggested by Mr. Wontner that another charge would be made at Southwark of stealing tickets; it was suggested that Mr. Boardman should let them be on bail, and Mr. Wontner suggested that the proper course would be to discharge them, and I was to take them into custody immediately on the other charge—I did not know at that time that 70 tickets had been stolen, nor at the time I had the conversation with John Taylor, and so I asked him the same as I should any other person about the matter—this paper is the acceptances fox the city and Suburban, 18th April.

WALTER DENNY (Detective Sergeant, Criminal Investigation Department). I was instructed to act with Langrish with regard to the Croydon race meeting, on 6th August, and had had information about tickets being dealt with improperly—I was with Langrish on Bank Holiday morning at the railway station, watching the people depart for the races—I saw Cooper and Thomas Taylor at Cannon Street Railway Station—I did not see them get into the train, I went away and followed afterwards, and rejoined Langrish, who had gone by that train, outside the racecourse—we went on the course together, and kept observation on these men, and saw them going about on the course and into the 2s. enclosure; we watched them there—I saw Tom Hoodless betting in the 2s. enclosure—when bookmakers are betting they call out the numbers loud enough for anybody to hear—I saw both the men standing near Hoodless for some time while he was betting—I was with Langrish when he gave the order for them to be taken in custody—I heard him give his evidence at the

police-court with regard to what took place—before they were arrested they were mixing with the crowd, and I saw him pass his hand before another man—I confirm what Langrish said as to the arrest.

Cross-examined by MR. GEOGHEGAN. I saw Cooper go on the course—when he was not in the 2s. enclosure he was near Hoodless—he was nearer Hoodless than any other bookmaker—the bookmakers do not all stand together—Hoodless was a little way off the other bookmakers—I had gone into the 2s. enclosure before the first race—I had seen Cooper standing near Hoodless before the first race—Hoodless made bets on the first and second races—I did not see Cooper go up with one of these duffing tickets after the first or second race—when Cooper passed something to the man, Langrish, Ward, and Visard were my companions, Langrish and I close together, and the others a little behind—nobody followed after that other man, there was such a crowd—I won't swear Langrish did not—Langrish was a little in front of me—I could not very well say I saw one of our body separate himself and go after the man—several constables of the P division were with us—Inspector Blackwell was with Langrish and me when we took Cooper, or just before—I don't know if he was in uniform or plain clothes—I am not in the habit of going with Langrish to race meetings—I have been to Croydon and Kempton before—I have never seen Cooper before.

COOPER received a good character— GUILTY of conspiracy and forgery. — Eighteen Months' Hard Labour. JOHN TAYLOR and THOMAS TAYLOR— GUILTY of conspiracy only. JOHN TAYLOR— Nine Months' Hard Labour. THOMAS TAYLOR— Twelve Months' Hurt Labour.

Reference Number: t18830910-886

886. JOHN HICKSON, Embezzling 55l. 7s. 4 1/2 d., the moseys of John Pound, his master.

MESSRS. THORNE COLE and BURNIE Prosecuted; MR. WILDEY WRIGHT Defended.

JOHN POUND . I live at Grove Park, Lee, and am proprietor and licensed owner of the Baring Hall Hotel there—the prisoner and his wife came into my service in 1881 under this agreement (produced), by which the prisoner would have the management of the public-house—they went on in my service till 24th June, when the stock was taken—on 27th July he gave me notice to leave—on 26th August I instructed my clerk to take stock again, and in consequence of what he said a warrant was applied for—I carried out my part of the agreement—the prisoner never complained to me after 24th June of being short of stock.

Cross-examined. I have considerable experience in the trade—the prisoner was of good character enough for me to engage him—I left everything financially and as to practical details in connection with the house to Basnett, my managing clerk—I saw the prisoner nearly every day—he did not complain to me that could not get stock in sufficiently quickly, or that it was an injury to the business—it came to my knowledge—Basnett told me of the deficiency, and I undertook the prosecution.

WILLIAM BASNETT . I am the prosecutor's clerk—I am accustomed to take stock at this hotel, at which the prisoner was manager—it is in a new neighbourhood, and does not do a large business, I should think on an average about 18l. to 20l. per week—a man and his wife could attend to it without any difficulty—I took stock on 24th June—I have got the book (produced) in which the value of the stock is set forth—I went ever

it with the prisoner on that occasion, and made the entries from his instructions—the exact figures of the quantity were given by him in my presence—I did not put them down in this book, but in this office book—they were copied from the office book into the stock book by my clerk, and taken to the prisoner the following day—the stock book and the items were gone through carefully—I was present on both occasions—there was then 108l. 6s. 10d. worth of stock—on the following afternoon, Sunday, I filled in this book and took it to him—I said, "Everything you receive in the hotel for the future write down in this stock book"—from 24th June to 26th August entries are made in his writing in the stock and takings books—on 26th August I took stock again with him, between 28th June and 26th August he received 298l. 14s., making with the 108l. 6s. 10d. a total of 407l. 0s. 10d.—the total amount paid to me was 247l. 18s. 5d., so that there ought to have been stock on the premises of the value of 159l. 2s. 5d.—the quantify of the stock was measured carefully and given by himself in the presence of the incoming manager and the clerk at the office—he had then 103l. 14s. 7 1/2 d., leaving a deficiency of stock of 55l. 7s. 9 1/2 d.—I received from him the moneys taken, supposed to be the exact takings on behalf of the prosecutor—when we had completed the stocktaking I said, "Is that all you have got?"—he said "Yes"—I saw him on the Sunday evening; he had then left the premises—I said, "There is something rascally wrong about this; there is 55l. 7s. 9 1/2 d. short—he said, "Yes, I know it"—I said, "Can't you rake up more money to lessen this deficit before I have to report the same?"—he said, "No, I haven't got any money"—I said, "Well, do you think there is any mistake? because if you do, for my own satisfaction as well as your own I would prefer going through the stock again"—he said, "No, I don't think so; the stock is all right, you can't make any more of it"—I said, "I am not satisfied"—I saw he was excited—I said, "Very well, meet me here to-morrow morning, say at 9.30, and we will go through the whole thing again to see if we can make any difference in it"—I attended there on the Monday morning; he failed to turn up, and I went to where he was temporarily living, about 300 yards from the hotel—I did not see him—I left a message that I should call again in the evening—when I went there I found he had gone by the 12 o'clock train—on Tuesday evening, the 28th, he came to my house—I said, "Have you found out anything about this stock?"—he said "No"—I said, "What is to be done?"—he said, "I don't know"—I said, "Haven't you got any money?"—he said "No"—I said, "Then it is not a fact that when you took the train from Grove Park Station at midday on Saturday that in getting into a third-class railway carriage you stumbled and dropped your bag which you had in your hand, the contents rolling on the carriage floor, consisting of gold and silver?"—he said, "What shall I do?"—I said, "If you will take my advice, come to the office to-morrow morning as early as you can, say from 10 to 10.30, and I will take you in front of Mr. Pound with a view to see if he can come to any arrangement"—on the Sunday at the hotel he had said, "You know as well as I can that my wife has been robbing me, in fact it has nearly driven me mad"—on Wednesday morning he came to the office—I said to him, "You know this is a bad job altogether; it seems as if over a pound a day has been going away; have you got any offer to make?"—he said, "Yes, I want you to ask Mr. Pound if he will take 15l. now, which I have at home, and allow me a little time to pay the difference"—

I submitted it to Mr. Pound; he would not entertain it—I came back and told the prisoner so, and that a warrant was out for his apprehension—since the new manager came in there is an increase of over 1l. a day.

Cross-examined. I have the books that show that; they are in my writing—that is the only book I have here which shows it—the takings were larger in corresponding weeks in September last year than this year—the weeks vary from time to time—I nave been with Mr. Pound five years, and have been managing clerk to this house since its opening in October, 1881; previous to that I had had no practical experience of public-houses—I was a sergeant major in the army, and had a good deal to do with the stock in the canteens and officers' mess—I Know the ordinary way of taking stock—we hadn't a proper gauging-stick for the spirits; we used a deal lath; it answered the purpose—you could get it within a quarter of a pint—the manager after a little calculation would give the quantities—I put it in the book, and worked it out afterwards—on 24th June I put down the quantities as called out and decided on—in this book all these are "quarts," because they were decanted—the original entries I made were in pencil; they have been entered in ink in his presence since—this (produced) is the rough book—ink is written over the pencil in every entry in this book—every item in this book was prepared previous to going to the hotel, except the figures—the ink was an exact fac-simile of the pencil, only the figures were written over—to the best of my belief every one of the figures were originally in pencil—on 26th August all the figures were not previously in pencil; they were copied from this book—it was not done in the same way in August as in June—I have repeated the conversations from memory; I have not been tutored in any way—I did not tell the prisoner that if he would only put the matter right I would be his friend, or that if he would find 15l. and pay the rest by instalments I would get Mr. Pound to put the rest right—I suggested that he should rake up some money to reduce the deficiency, and if he had I would have taken it—the figures 108l. 6s. 10d. were the result of my own working out—I did not take stock at all between 24th June and 26th August—books were kept at the hotel showing a proper retail account of wines, spirits, ales, mineral waters, and cigars—I several times got goods of the prisoner and paid for them—the only time no money passed was when I joined a Christmas club there—I did not get the spirits which I said I would take instead of the 1l. 12s. 8d. due to me, and so I wrote and told him to send me certain things, and no money passed—I don't know whether his club accounts were right—I know his wife took to drinking, and had as much access to the till as he had—I believe her drinking bouts lasted for a long time—he repeatedly told me they were a great source of trouble to him—I have never heard of one spot or blemish on his character.

Re-examined. There were only a few bottles and casks broken into, and it was only in those cases we used the gauge—I took the figures from the defendant himself.

WILLIAM ANDREW BASNETT . I am the last witness's son, and clerk to Mr. Pound—I accompanied my father on Sunday, 26th August—I assisted at the stocktaking; the prisoner was present—I heard what was said at the interview on Tuesday; what my father has said about it is correct.

JOHN SNELGROVE (Policeman). I am stationed at Bromley—on 31st August

I arrested the prisoner on a warrant at his lodgings about 600 yards from the hotel—I charged him—he said "Let me have a look at it"—he was lying in bed—I did so—he said "I suppose I must go," and got up and dressed, and I took him to Lee Station, where he was charged.

MR. WRIGHT submitted that evidence of a general deficiency would not support a charge of embezzlement, and that there was no evidence of the embezzlement of any specific sum. He cited Reg. v. Lloyd Jones (8 carrington and Payne, 288), Reg. v. Chapman (Carrington and Kirwan, 119), Reg. v. Wolstenholms (11 Cox's Criminal Cases, p. 313). MR. BURNIE submitted that the amount stated in the indictment was not material if any sum was shown to be embezzled. He cited Rex v. Grove (2 Russell on Crimes, 459), Reg. v. King (12 Cox's Criminal Cases, p. 73), and Reg. v. Balls (12 Cox, p. 96). The COMMON SERJEANT directed the Jury to find a verdict of

NOT GUILTY .

Reference Number: t18830910-887

887. JOHN HICKSON was again indicted for embezzlement, upon which MR. BURNIE offered no evidence.

NOT GUILTY .

Reference Number: t18830910-888

888. REUBEN SALT (29) Pleaded Guilty to feloniously marrying Mary Ellen Tees, his wife being alive.— Twelve Months' Hard Labour.

Before Robert Malcolm Kerr, Esq.

Reference Number: t18830910-889

889. RICHARD FOX (25) PLEADED GUILTY to feloniously forging and uttering an order for 13l. 15s.— Twelve Months' Hard Labour. And

Reference Number: t18830910-890

890. HENRY WALFORD (23) to a burglary in the dwelling-house of Richard Darter, with intent to steal.— Twelve Mouths' Hard Labour.

Before Mr. Justice Day. [Pleaded guilty: See original trial image.]

Reference Number: t18830910-891

891. CHARLES ZUCHER (63) and MOSES ZUCHER (28) PLEADED GUILTY to certain offences under the Bankruptcy Act.

CHARLES ZUCHER— Six Months' Hard Labour. MOSES ZUCHER— Two Years" Hard Labour.

ADJOURNED TO MONDAY, OCTOBER 15TH, 1883.

CORRECTION.

In the case of Arthur Wright and others, page 439, the ruling of the COMMON SERJEANT should read as follows: That it was not necessary that the bank books should be produced, and that the copy of the entry was admissible under the 5th Section of the Bankers" Books Evidence Act of 1879 (42 Vic. c. 11), which enabled proof of the examination of the copy with the original entry to be given orally by the person who made the examination.


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