CENTRAL CRIMINAL COURT
TWELFTH SESSION, HELD OCTOBER 15TH, 1883.
MINUTES OF EVIDENCE.
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
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OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND PARTS OF THE COUNTIES OF ESSEX,
KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, October 15th, 1883, and following days.
BEFORE the RIGHT HON. HENRY EDMUND KNIGHT, LORD MAYOR of the City of London; The Hon. GEORGE DENMAN and the Hon. Sir HENRY HAWKINS , two of the Justices of Her Majesty's High Court of Justice; Sir ROBERT WALTER CARDEN , Knt., M.P., WILLIAM LAWRENCE , Esq., M.P., Sir THOMAS DAKIN , Knt., and Sir FRANCES WYATT TRUSCOTT, Knt., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Recorder of the said City; JOHN STAPLES , Esq., REGINALD HANSON , Esq., JAMES WHITEHEAD , Esq., and JOSEPH SAVORY , 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.
CLARENCE SMITH, Esq.,
FREDERICK KYNASTON METCALFE, Esq.,
CENTRAL CRIMINAL COURT.
KNIGHT, MAYOR. TWELFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than ones in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after they name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, October 15th, 1883.
Before Mr. Recorder.
MESSRS. LLOYD and HICKS Prosecuted.
JOHN NORTHCOTT . I am potman at the Plough, Museum Street—on 2nd October, between 6 and 7 o'clock, the landlady spoke to me, and I watched the prisoner—he left the house, and went into Bury Street, and then to Bury Place, where Hogan (See next case) joined him—he passed something to Hogan, then separated—I spoke to Nicholson, who took Hogan—I said "He has dropped something"—he put his foot on it, and I picked it up—it was this shilling—", I bent it with my teeth—I was about 10 minutes following Geehan—he was walking, but I did not want to catch him; I was watching him.
Cross-examined by the Prisoner. You wore a long ulster—I was left in the station 10 minutes while the policeman went into the street to get six strangers to put with you—I saw you in the corner, and said that I did not want other people brought in, I could tell you a mile off—a piece of the shilling was given back to you in the bar, and this piece (produced) was left in the tester—I saw you in the house, and I swear to you.
ELIZA CARLTON . My husband keeps the Plough Tavern, Museum Street—on 2nd October, about 6 20, the prisoner came in for a glass of ale and gave me a shilling"—I broke it in the tester, and returned one piece of him, saying "This is a funny one"—he said "I took it at a public-house; they shall have it back," and gave me a good sixpence—we were just lighting up, and I saw his face, and have no doubt the prisoner is the man—he was dressed in a shabby plaid ulster—he went out. and the potman followed him—I recognised him at Bow Street.
ALFRED NICHOLSON (Policeman ER 50). On 2nd October, between 6 and 7 p.m., Northcott pointed out the prisoner and Hogan to me—I saw something pass between them-they separated when they saw him with me, and I took Hogan—he said "You have made a mistake, and dropped something and put his foot on it—Northcott picked it up and
gave it to me—it was this shilling (produced)—I took Geehan on Wednesday, the 3rd, and said "Do you know me?"—he said "No"—I said "I am a police constable of the E division, and am going to take you in custody for uttering a counterfeit shilling at the Plough Tavern, Museum Street, Bloomsbury"—I did not tell him the date, but he said "I was not out of bed all day yesterday"—I found nothing on him—I found 10d. on Hogan, and a train ticket.
Cross-examined. You were in a public-house—I went out for about 4 minutes, and went in again—I gave you plenty of time to go away—I have known you ten years—I searched your place, but did not find an ulster—I placed) you at the station with a 6 ft. man.
ANTONIO BENDY . I am landlord of the Coach and Horses, Greek Street, Soho—on 12th September the prisoner came in and gave me a bad twoshilling piece—I called a policeman, and gave it to him, and gave the prisoner in custody.
HARRY NORRIS (Police Sergeant C 25). On 12th September, at 10.10 p.m., I was on duty at the Vine Street Station when the prisoner was brought in by Constable Hallett and Bendy, charged with uttering a counterfeit florin—nothing was found on him, and he was discharged—he gave the name of Daniel Gale.
The prisoner in his defence alleged that the case was got up against him by the police in consequence of his having been previously in trouble; that he only returned from Scotland on Monday, 1st October, when he went to his mother's house, and remained there till the Wednesday evening, and consequently could not have passed the coin on the 2nd.
JOHANNA DONOVAN . I am single—I live at 3, Clark's Buildings, Broad Street, Soho—I lodge with the prisoner's mother—I have only known the prisoner since he came out of trouble—I saw him when he came from Scotland last Monday fortnight, 1st October, about 12 in the day—he did not leave the house till Wednesday evening—he was doing nothings—he was very queer after coming home.
Cross-examined. His mother only occupies one room, the top floor front—we all three lived in the same room—his mother stopped at home with him because he was very queer.
ELLEN GEEHAN . I am the prisoner's mother—he was in Scotland at the beginning of this month—I wrote to him there, and sent him money—he came home on the Monday, this day fortnight—he felt very bad, and never went outside the door till between 7 and 8 on the Wednesday evening.
He then PLEADED GUILTY to a previous conviction of uttering counterfeit coin in September, 1881, at this Court.
MR. LLOYD Prosecuted.
The evidence given in the last case was repeated.
HOGAN— NOT GUILTY .
GEEHAN— GUILTY .**— Five Years' penal Servitude.
897. HENRY JOHN SMITH (21) to breaking and entering a Baptist Chapel and stealing a clock and three keys, after a previous conviction.— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]
899. GUILLAUME BARTHOLOMEW VACHETTE (35) to feloniously forging and uttering a cheque for 500l., after a previous conviction in January, 1882.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
MR. DE MICHALE Prosecuted.
CHARLES BULKE (Policeman N 618). At a quarter past 5 on the morning of 15th September I was on duty in Compton Road, Islington—the prisoner came to me and said that a house had been broken into at No. 4, Highbury New Park, and that he and another man had got in there at 1 o'clock that morning—I took him to the station—on the way he produced a knife from his pocket; he said, "This is all I have, the other man took away the tools."
JOSEPH BATEMAN (Police Inspector N). At a quarter to 6 on the morning of 15th September Blake brought the prisoner to the station—I asked if he wished to make a statement—he said "Yes," and I took it down—he said, "I went with a man named Daniel Sheen, residing at Empress lodging-house, Drury Lane, at 1 o'clock, at the back of a house, No. 4, Highbury New Park; we rose up two windows, and he put his hand in and pulled out something, I don't know what it was; about 4 o'clock he made over the wall and got out into the road, and I did not see him any more; I came out about half an hour afterwards, and saw the policeman and told him of it"—after that statement I went to 4, Highbury New Park; I there found a person in charge—I found the back door open, and saw footmarks from the front garden up to a wall which led to an adjoining house—I found the scullery window open, and two flower-pots on the ground which bad been removed from the window-sill—the kitchen window was unfastened—there were footmarks on the flower-beds under the window corresponding with the prisoner's boots—I also found this knife-blade; the prisoner said he found it in the garden.
THOMAS STUBBINGTON . I was left in charge of 4, Highbury New Park—it is a house occupied by the Church Missionary Society—this knife belongs to the house—I left the scullery window closed at night, I found it open next morning—I did not miss anything.
NOT GUILTY .
MR. BAGGALLAY Prosecuted.
LEON MELVILLE . I am at present living at 35, Crozier Street, Lambeth—I am an actor and salesman—on 36th January last I was at Newcastle-on-Tyne—the prisoner was in my employment; he slept upstairs and
dined in my room—on 26th January I posted this order for 3l.—I had 7l. Standing to my credit at the time—this is my bank-book—this notice of withdrawal for 10l. is not my writing or written by my authority—I believe it to be the prisoner's writing; he can copy my hand; he used to write all my letters for three months; he is a very clever correspondent—he left me on the 30th without notice, and I did not see him again till he was in custody—when with me he went by the name of George Greenwood—he had a Post-office Savings Bank book, I have seen it, this is it. (At the prisoner's request the witness and also his nephew wrote their names and addresses.)
WILLIAM BATTY . I am senior clerk in the Savings Bank Department in Queen Victoria Street—I produce Mr. Melville's deposit book, also the notice of withdrawal of 27th January, and the receipt for the money on the 30th; also a deposit book in the name of George Greenwood, of 8, Upper P Street—that was opened on 2nd January this year, and closed on 15th January by a withdrawal of 14s.—I have compared the handwriting in this book with the notice of withdrawal in question; I believe they were written by the same person.
ALFRED GARDNER . I am the nephew of Mr. Melville—in January I was at Newcastle with my uncle and the prisoner—the prisoner was teaching me to write—I remember his leaving at the end of January—this notice of withdrawal is not my writing—he used to write different hands.
KATE MARY SANDEMAN . I am employed in the Post-office Savings Bank department in Queen Victoria Street—I received this notice of withdrawal in the ordinary course of business, and I issued a warrant for 7l. in consequence, and addressed it to Mr. Melville at the address given.
SAMUEL MUNAY (City Policeman 422). I took the prisoner into custody—I asked him his name—he said "George Greenwood;" he afterwards said "Greenish"—when charged he gave the name of George King—he said he had never been at Newcastle.
GUILTY .— Four Months' Hard Labour.
MR. GRAIN, for the prosecution, offered no evidence.
NOT GUILTY .
NEW COURT.—Monday, October 15th, 1883.
Before Mr. Common Serjeant.
MR. HICKS Prosecuted.
to me "Will you give me change for a sovereign?" and put down this coin, which she took from her bosom—I said "To is not a good one"—I was then looking at the side with the Queen's head—I turned it over and saw the other side (This was impressed with the Austrian eagle)—she said "Give it me back—I said "I cannot," and put it at the back—she asked me for it more than once—my master came down and spoke to her and sent for a constable.
Cross-examined by the Prisoner. You did not say "Here is a duffing thing I had given to me last night," and ask me to look at it, nor did you offer to get a policeman; you asked me for change.
Re examined. The policeman brought her back in a quarter of an hour—I knew her by sight as a customer.
STEWART JAMES ROBINSON . I am manager of the Royal George, Drummond Street—on 14th September, about 8.40 a.m., Nash called me into the bar, and I saw the prisoner standing there—I said "What do you mean by offering the boy such a coin as this? this is an Hanoverian medal; it is not a sovereign at all"—she said "I know it is not a sovereign; I gave it to one of the barmen in the morning and asked him what it was"—she pointed him out, but he has left us—she did not deny it—I to W her to set outside or I should take her up for making a disturbance—she asked for the coin back—I said I should not give it back to her, and if she did not go away I should lock her up—I went out for a policeman, but could not find one, and in ten minutes she came round the corner, and the constable brought her to the house—I did not give her in charge—I have known her for years.
Cross-examined by the Prisoner. I spoke to yon in the bar—you appeared sober.
JAMES CORCORAN (Policeman S 115). On September 1st I received information and the description of a woman from Nash, and afterwards saw the prisoner in Drummond Street, and said "Have you been to the George this morning?"—she said "Yes, and the landlord detained a sovereign belonging to me that I put on the counter to know if it was good"—I took her to the George, and Nash gave her in custody—I told her it was for attempting to utter counterfeit coin—she said "I only put it on the counter to Know if it was good"—on the way to the station she said" I got it from a man I slept with two nights before"—I said "Have you got any more?"—she said "Yes, I have another one," and that the man gave her two—I received this medal from Nash and this other from the female searcher; they are similar.
ELIZABETH PICKLES . I am female searcher at Albany Street Station—I searched the prisoner and found this medal in a glove in her pocket—I marked it and gave it to the inspector—I only found a few halfpence in good money on her—she said that a gentleman gave her the medal for sleeping with her.
WILLIAM WEBSTER . I am Inspector of Coin to Her Majesty's Mint—these are two brass medals of the size of a sovereign; the Queen's head is on one side and the Austrian eagle on the other—here are two letters under the head, in imitation of the W.W. for "William Wyon," which is on all sovereigns—the Austrian arms are never found on an English sovereign.
The Prisoner's Statement before the Magistrate. "I have nothing to say.
I showed it to the barman; he said it was not good. I did not mean to change it."
The prisoner repeated the same statement in her defence.
NOT GUILTY .
MESSRS. LLOYD and HICKS Prosecuted.
LOUISA FREEMAN . I assist my uncle, a confectioner, of 99, Brecknock Road—on 29th September, about 3 p.m., Clark came in fur a penny tart and put down a florin—I put it on a ledge inside the till, where there was no other money, and gave him 1s. 11d.—some detectives came in and I gave it to them, and went to the station and charged Clark.
ARTHUR WILLIAMSON (Policeman Y 81). On 29th September, about 3.30, I was with Stephens in plain clothes in Brecknock Road, and saw Catesby—we were about thirty yards from the confectioner's shop on the other side of the road—Clark came out of Torriano Avenue, crossed the road, joined Catesby, and handed something to him, which Catesby put into his pocket and handed him something bank—I ran into the shop Clark came out of, and in consequence of what Freeman told me, and after showing me a bad florin, I went after the prisoners and overtook them half a mile from the shop—I took hold of Clark and said "What is it? what is up? I am a police constable; I must take yon back to the shop you left a few minutes ago; you will be charged with uttering a counterfeit florin"—he said "It was not; it was a good one"—I asked him to take his hand out of his pocket and show me what he had got in it—he said "I won't"—I tried to get his hand out of his pocket, but could not do so—I searched his other pockets, and in his trousers pocket found a French halfpenny—I took him to the station, which was three-quarters of a mile; he kept his hand in his pocket all the way; I then pulled his hand out and found this coin (produced) in it.
CHARLES STEPHENS (Policeman YR 41). I was with Williamson—I seized Catesby and said "Where is the change?"—Clark said "Give him the change and have no more trouble"—Catesby put his hand in his pocket and gave me 1s. 6d. in silver and five pence—that was the change he would have received—I then put my hand in his pocket and took out 1s. 11d. more, all loose—his left pocket was torn out—I told him I should take him for being concerned with the other in uttering counterfeit coin—he said "I know nothing about the young fellow: he has only just asked me the way; I never saw him before in my life"—I had watched them together about twenty minutes.
Cross-examined by Catesby. I did not mix the money taken from Clark with the money I took from you—you were five yards apart.
The prisoner, in their statements before the Magistrate and in their defences denied knowing each other and stated that the police mixed up the money found on each.
GUILTY — Nine Months' Hard Labour each.
MESSRS. LLOYD and HICKS Prosecuted.
prisoner by sight; he has been there once or twice—about four months ago he came in and paid me with a half-crown; I bent it, and told him it was bad, and gave it back to him—he said he did not know it was bad, and paid me with other money—I have no doubt about him.
JOHN LANE . I am a tobacconist and newsagent near Museum Street—on 5th August, about 3 p.m., I served the prisoner with a half-ounce of tobacco and a penny newspaper, which came to 3d.—he gave me this half-crown; I found it was bad, bent it easily, and gave him in custody with the coin—I went to Bow Street, where he gave his name Arthur (not George) Cracknell—he was remanded for a week, and then discharged.
AMELIA GRAYSON . I attend in a confectioner's shop—on 8th October, about 5 o'clock, the prisoner came in for two jam tarts, price 2d., and gave me a florin—I said "It is a bad one"—he said "I think not"—I gave him the change—I afterwards showed it to Mr. Rake, who went and brought the prisoner back and gave him in custody—I don't think he was quite sober.
WILLIAM RAKE . I am a baker, of 8, Museum Street, and High Holborn—on 5th October, about 8 o'clock, I was in my parlone and heard what occurred, and after the prisoner left the last witness showed me a florin—I followed the prisoner, found him in three minutes, brought him back, and gave him in custody with the florin—he was sober.
JOHN STEPHENS (Policeman E 65). I took the prisoner, searched him, and found live shillings, nine sixpences, and six pence, all good—I said "Where did you get this money?"—he said "A gentleman gave it me in change for a half-sovereign"—he was asked again at the station, and said "I had it for my wages of a costermonger."
Cross-examined. You did not tell me it was given to you while playing at draughts under the influence of drink.
The Prisoner's Statement before the Magistrate. "I had it given to me by a man in the New Cut. I was the worse for liquor."
Prisoner's Defence, The half-crown was given me by the same man who gave me the florin when I was under the influence of drink, and lives at the place where I live. A gentleman asked me to play with him; he won some drink of me. I gave him a half-sovereign, and he gave me the money in change.
GUILTY **— Twelve Months' Hard Labour.
MESSRS. LLOYD and HICKS Presented.
EMANUEL ABRAHAMS . I live at 5, Hoxton Square—on 22nd September, about 9.15 p.m. I was in High Street, Whitechapel, looking after a stall, the prisoner came up and said "Charley, how much are these handkerchiefs?"—I said "Twopence a piece"—he bought one, and gave me a florin; I did not like the look of it, and said "I think this is a bad one"—he said "The money is all right, Charley, I would not carry a bad one"—he had got the change then and went away—I took the coin to a coffee-stall, and then to the police-station, where they marked it, and I went back to my stall—I saw the prisoner go by half an hour afterwards,
and spoke to a constable, who went after him and took him, and I gave him the coin—when the prisoner was stopped he dropped something, and I picked up another bad florin loose, and gave it to the constable, and another in tissue paper—this (produced) is the handkerchief I sold the prisoner.
GEORGE LUCIA (Policeman H 395). Abrahams gave the prisoner into my custody—when we were about five yards from the station I heard something drop, and saw the boy pick up something about a yard behind the prisoner—a florin in paper was picked up and given to me at the station—when he was in the dock he was seen to put something into his mouth, and I Harriss took a florin out of his mouth—the prisoner said that be had got five florins for a half-sovereign at the corner of the road—I found on him 1s. 6d. in silver, good, and this handkerchief—the inspector asked him where he lived, he said "I have been stopping these few nights at Notting Hill"—I said "Where?"—he said "I don't know."
GEORGE HARRISS (Policeman H 269). I was standing on the steps of the station, the prisoner was brought in, and I saw him drop a florin and a piece of paper; the lad picked them up, and they were given to Lucia—I went into the station end saw the prisoner in the dock, he was moving his mouth about, and I asked him to open it; he refused, I took him by the throat, made him open his mouth, and Enraght took this florin out (produced).
Prisoner's Defence. I received the coins in change for a half-sovereign from a man whom I won a shilling of for pitching a ring into a plate.
GUILTY .— Fifteen Months' Hard Labour.
OLD COURT.—Tuesday, October 16th, 1883.
MESSRS. MONTAGU WILLIAMS and GOODRICH Prosecuted; MESSRS. KEITH FRITH and HOPKINS Defended.
WILLIAM COOK (Policeman E 432). On the morning of 8th September, about half-past 2 o'clock, I was in company with Police-constable Cooper in Southampton Row; I there saw the prisoners Walsh and Smith on the right-hand side of the road; they were coming from Holborn towards Bussell Square—we watched them for about five minutes; they were standing in a doorway on the right-hand side of Southampton Bow—they then crossed over the road and joined Hall and another man at the corner of Bloomsbury Place—they stood there about 10 minutes; during that time I and Cooper were talking to a female, at the same time keeping our eye on the men—they then passed over and went towards Russell Square—we continued to follow them on the opposite side—they remained in Bussell Square in conversation together; we crossed over to them—we were in plain clothes—we told them that we were police constables, and asked them what they were doing at that time in the morning—they said "Oh, we are just out for a walk, and are going home"—I asked Hall where he lived; he said "I live in Penmark Street"—the man not in custody
said "I live there too"—I told them they were going away from Denmark Street—he said "That don't matter"—I said their answers did not satisfy me and that they would hare to come to Tottenham Court Road station—I then took hold of Walsh and Hall; they threw me to the ground, and Walsh gave me a kick on the right-hand side—I jumped up; my walking-stick was lying by my side, and I struck Walsh with it over the head—I tried to strike him on the shoulder—he fell down; I took hold of him and threw him on the top of Walsh and held them down—Walsh tried to get away; I told him if he tried to get up I should hit him again with my a tick—he jumped up afterwards and caught hold of me by the throat and threw me to the ground again—Hall got away from me; I had to let him go after Walsh got me down—Hall gave me two or three kicks on the left side, at the same time he said "Lie there, you b—," and then he ran away—Walsh was then on the ground—I saw Hall throw something away; I shouted out "Police, stop him!"—Constable Roach came up and stopped him, and we took them both to the station—I searched Walsh at the station—I found on him this chisel, and on Hall a pocket-knife and twopence—I charged them; they said nothing at the time—the four men got away—before I charged the prisoners I went back to Russell Square, where we had had the struggle, and at the exact spot where I saw Hall throw something away I found this dark lantern, in the area of 58, Russell Square; it has three different glasses, red. white, and green, all trimmed ready for use—I was under the doctor's cure for some time—I have resumed duty again.
Cross-examined. I was on the sick list when I was at Bow Street—when in plain clothes we have a warrant card; I did not show it to the prisoners; they did nut ask for it—I told them we were police officer—Hall was present when I told them that—the lantern was not broken when I found it. and it wan alight—Hall was standing close by the area railings when I saw him throw something away—I was about five yards from him no more—I did not so what it was that he threw away—the kicks did not render me insensible or stun me—he gave his correct address.
WILLIAM COOPER (Policeman). At half-past 2 on the morning of 8th September I was with Cook in Southampton Row—I saw Walsh and Smith on the right-hand side from Holborn—I saw Hall and another man at the corner of Bloomsbury Place—we watched them—I saw Walsh and Smith again at 2—we stood talking to a woman; we then crossed on to the opposite side and went up to them and told them that we were police constables, and asked them what they were doing—as their explanation was not satisfactory we took them into custody—they threw me to the ground; I still retained hold of both—Smith turned over and seized me by the throat; at the same time he drew this jemmy from an inside pocket in his coat and struck me four times on the head with it—I was kicked while I was on the ground—I got the jemmy from him and ran after him and caught him—while struggling with him Hall ran by; he threw something away at 55, Russell Square, where the lantern was afterwards found—a cabman came up while I was struggling with Smith—he came to my assistance—we took the prisoners to the station—on Smith I found a knife, a key, and some matches—I was on the sick list from 8th September till the 24th; I resumed duty for 22 days, and then was compelled to go back again till 1st October.
Cross-examined. I have been in the force six years—I had only been out two nights on this occasion in plain clothes—I have a warrant card—I did not show it; I was not asked to do so—I was about four yards off when I saw Hall throw something into the area of 55, Russell Square—I did not see what it was; he threw it away as he ran by; it was not dropped down—I was struggling with Smith at the time—Walsh got so violent that I had to use force on him; I struck him with the same thing that he struck me with, this crowbar; I got it out of his hand after a Very severe struggle.
ALFRED COTTON . I am a hackney carriage driver—on the night in question I was on the stand in Southampton Row between 1 and 2 in the morning; I heard a cry, went up, and saw the struggle; I assisted the policeman—I saw the policeman holding the crowbar; I got hold of Smith's arm and held it down as he was going to strike Constable Cooper—he said "If you had not got that bit of iron from me I would have knocked his brains out"—I picked up three hats and took them to the station.
Cross-examined. One of the hats belonged to Smith, one to Walsh, and one to Cooper—when I came off the stand there were two men struggling with the constable; one got away—I did not see Hall when I first went up; I first saw him when he was brought from Bedford Place by a uniform constable—he had his hat on—he was not bleeding; there was no sign of his having been in a severe fight or struggle; he was coming along quietly with the constable.
JOSEPH FAULKNER . I live at 33, Victoria Dwellings, North Road, and am a labourer—about 5 minutes to 6 on the morning of 8th September I was passing through Russell Square and saw this crowbar lying about a yard inside the enclosure; I picked it up and took it to Hunter Street Station.
GUILTY . WALSH and SMITH PLEADED GUILTY to having been before convicted.—WALSH and SMITH— Ten Years' Penal Servitude.
HALL— Five Years' Penal Servitude.
MESSRS. MONTAGU WILLIAMS and GOODRICH Prosecuted.
WALTER MILES . I am an assistant warder at Her Majesty's Prison, Coldbath Fields—on 10th September I was on duty in the paper-sorting room—the prisoner was employed in that room during the morning—I saw him pass a note to another prisoner; that is contrary to orders—I took the note from the man he gave it to—I told the prisoner I should report him to the Governor next morning—next day I was on duty it the room sitting on a stool—the prisoner came up to me; he asked me if I was going to report him for passing the note the day previous—I told him I was—he then made a blow at me with a knife—it did not strike me the first time; I threw myself aside and fell off the stool—he aimed Another blow at me, which struck me in the sleeve of a white blouse which I was wearing—two other prisoners, Picton and Strut, came to my assistance and struggled with the prisoner—while the struggle was going on I saw Picton bleeding from the forehead—they threw him to the ground and took the knife from him—he said "Let me go, I will
murder the swine"—he was very violent—he was ultimately taken to his cell.
Prisoner (in a violent manner). They are taking away my life. It is all got up; it is, it is.
---- PICTON. I am a prisoner in Coldbath Fields—on 11th September I was at work in the paper-sorting room—the prisoner was there, and Miles the warder—I saw him walk down to Miles and speak to him—I did not hear what he said—I then saw him heave a blow at Miles—I did not see the knife in his hand at that time—I saw him heave a second blow with a knife in his hand—I saw Miles fall off the stool—is the prisoner followed him up I rushed up, and as he made a third stab at him I received a stab in the face—I seized the prisoner—another prisoner came to my assistance—the wound bled—I arrested the prisoner—I received two cuts also on the left thumb.
CHARLES STURT . On 11th September I was a prisoner in Coldbath Fields—I saw the prisoner make a blow at Mr. Miles—Picton went to his assistance, and he was struck with a knife in the forehead, and I saw him bleeding—the prisoner was overpowered, and the knife taken from him.
CLARENCE THORNTON . I am an assistant warder at Coldbath Fields—I was sent for to the paper-sorting room—I found the prisoner in the passage being held down—I took him to the Governor's office—he said "You can do as you like with me; I have a head to lose, and I will lose it; I will be hung for some of you yet before I leave this place"—at we were taking him from the Governor's office he tried to throw himself over the rails—we pulled him back and took him to the cell.
Prisoner. 30s. he got. He gave a man 2s. for drinking my health.
Witness. I don't know what he means—this strange conduct has only been going on since he has been charged.
PATRICK JOSEPH HARVEY . I am a prisoner in Coldbath Fields—on 10th September I saw the prisoner in the paper-sorting room—he said "Scotty, I am reported; I will put a knife in that black b—"—that was about 25 minutes past 8 in the morning—after that he showed me a knife, and said "Scotty, do you think that is good enough?"
Prisoner. He is put up to it, he is, he is. Mother of God! he is On my oath he is.
FRANCIS GILBERT . I am surgeon in charge at Coldbath Fields Prison—on 11th September I saw Picton in the infirmary—I found a wound on his forehead; it had bled a good deal—it was such a wound as might have been caused by the knife that was taken from the prisoner—he was in the hospital two days—on 19th September I visited the prisoner in his cell—I asked him certain questions—as I was turning to leave the cell he hit me on the head with his clenched fist—he said nothing when he did it—I saw no symptoms of insanity in him.
Prisoner. You got me four months in a cell and gave me food. Last night he sends a man into my cell with something in a glass to force me to take it. I would not take it, I knew it was poison. He said "Give it him, that will finish him." That is right, is it not?
Witness. No, I did not send any man to him—he might have had some medicine sent him—he has been in the hospital and is so now for general illness; his chest is weak.
Prisoner's Defence. The warders and doctors are getting this up to
kill me, and have given me food to kill me. I knew it was poison. I asked the warder to drink it, and he would not. Holy Mother of God, I am telling you the truth.
GUILTY . SERGEANT MORGAN stated that the prisoner was now under sentence of 12 months' imprisonment for burglary and stabbing an officer.—Judgment respited.
CLARA LAWSON . I live at Bridge Villas, Thornton Heath, near Croydon—I am single—some time in July I met the prisoner at the house of Mrs. Sache, a friend of mine, at Tottenham—he said he was a widower, but had lost his wife about four years ago, and that he had had three children, but they were dead—about a week afterwards he proposed marriage with me—he afterwards asked me in a solicitor's office if I would be answerable for 50l. for him—I said "Yes"—Mr. Hatton, the solicitor, let me have the money; I handed the prisoner 40l., and Mr. Hatton kept 10l. for expenses—my brother was opposed to our marriage—the prisoner said it would be better not to lot my brother know of it at present; we both said so—he said he would get a marriage licence, and he afterwards gave it to me—he afterwards wanted 50l. more, and we went to the stockbroker's and got 50l. from the Bank of England—he had 40l., and handed me 10l. back—I believed his statement that he was a widower and that he was able to marry me—I parted with my money because I thought it would further him in business and that we should be married and go into business together.
Cross-examined by the Prisoner. I went to Croydon at the latter part of July to take a house—I selected one at 26l. a year, and we went together to look at it—you took me about and paid expenses, and you went with me to look at two shops—you went to Southampton and wrote and sent two or three telegrams saying that you were distracted in mind about something, about money—I have seen my brother and. Inspector Tunbridge about this, and they have induced me to bring the case into Court; I thought you deserved it, and as a good many were, as I thought they were right—you bought me several things, amongst other things a wedding-ring and an engagement-ring—I put my name to the bill—it is not due till the 30th of December.
FANNY ROSS . I am the wife of James Ross, a painter, of 33, North Street, Marylebone—I know the prisoner and his wife Eliza—my husband is her brother—she is alive—on the 20th July last the prisoner came to my house—I had not seen him for some time—he said, "You don't know me"—I said "No"—he said, "I am George Mason"—I said, "I thought you were dead, your wife has reason to believe so"—he said, "That is all nonsense, I know she is alive and I mean finding her, she is living with some one"—I said, "No, she is not, she is living with Mrs. Durant as servant, and she had to leave, not being strong enough to do her work"—I said, "If you go to Mrs. Durant she will give you your wife's address."
ANN DURANT . I live at 41, Hart Street, Covent Garden, and am the wife of Felix Durant—about the beginning of July the prisoner called and asked if Mrs. Mason lived here—I said "No, she has gone away"—he asked if she passed as a widow—I said "No"—he said "You will be
surprised to hear that I am her husband, and I want to find her"—I told him where he might find her, and he thanked me and went away—a few days afterwards be came back and said that he had found his wife all right.
Cross-examined. I did not know Mrs. Mason before she came to live with me—I never asked her whether she was single or a widow—she lived with me three or four months.
LOUISA BARKER . I am the wife of Job Barker, of 28, College Street, Putney—I am the prisoner's daughter—my mother's maiden name was Eliza Boyce—they lived together as man and wife, and were known as Mr. and Mrs. Mason—I saw him on 2nd July last—he asked for mother's address; I gave it to him—she is still living—I saw the register of their marriage, and saw the signature of George Mason to the register; it was my father's handwriting, and the signature of Eliza Boyce was my mother's.
Cross-examined. I have only been married twelve months—I never represented that you were dead or that my mother was a widow—she has not been living as a widow for the last four or five years—I think it is seven years or more since you lived together.
The prisoners in his defence, stated that he had not seen his wife for five and a half years, that she had been passing as a widow, and that all she was aiming at was to extort money from him.
GUILTY*. — Twelve Months' Hard Labour.
NEW COURT.—Tuesday, October 16th, 1883.
Before Mr. Common Serjeant.
MESSRS. LLOYD and HICKS Prosecuted.
THOMAS STAMMERS . I am in partnership with Mr. Hughes, of the Crown and Anchor, Brewer Street, Soho—on 20th September I caw my partner serving the prisoner, and as I had seen her in the house before, I watched her—she put down a half-crown for twopenny worth of ginger brandy—my partner put down two shillings, which the prisoner took up—he had not put down the 4d.—I picked up the half-crown and said "This is a bad half-crown"—I don't know that she made any answer—I sent for a constable—she then said "I will give back the two shillings and pay for the brandy if you do not lock me up"—on I think the Tuesday in the previous week the prisoner came in twice by herself and once with a man, when she called for a small lemon and a half-quartern of rum—the man put down a half-crown, but the prisoner took up the change, 2s. 1 1/2 d.—I found the coin was bad and went out after them, but they had got too far—I put some caustic on the coin, which turned it black; I kept it separate, and afterwards gave it to the constable—when I gave the prisoner in charge she said "You need not lead me; I know the way; Mrs. Wilshire will know me, and so will Sergeant Bines,"
JOSEPH WHILES (Policeman C 9). On 20th September I was called to the Grown and Anchor about 10.15, and the prisoner was given into my charge—she said "I don't care"—on the way to the station she said "I
am well known to Mrs. Wilshire and Sergeant Bines," the gaoler at Marlborough Street Police-court—she gave her name at the station and said "I refuse my address"—she gave 5s. 6d. in good money to the inspector—I don't think she was searched, as the female searcher was ill.
The Prisoner's Statement before the Magistrate. "I am an unfortunate, and had the money given to me at 6 o'clock with 6s. or 7s. other money. I did not know the coin was bad till the prosecutor told me so."
She repeated the same statement in her defence.
NOT GUILTY .
MESSRS. LLOYD and HICKS Prosecuted.
CHARLES BROWN . I keep the Essex Arms, St. Stephen's Road, Bow—on Saturday, May 12, I saw my wife serving the prisoner with a half-pint of ale, which came to 1d.—he put down a florin—she said "This is a bad one"—I tried it and said "I think so," and handed it back to her, and said to the prisoner "Where did you get this?"—he said "I got it from my master"—I said "Who is that?"—he said "Somebody down Barking way," and pulled out a good florin—I returned the bad one, and my wife gave him 1s. 11d. change—I left the bar to get my hat, and when I came back he was gone—I sent for a constable and gave him the two halves—I bad bent it, and my wife broke it with her foot—I went outside and saw a barrow with turf on it; the police took possession of it—I afterwards went to Bow Road Station and picked the prisoner out from a number of others.
ALBERT FRENCH (Policeman K 253). I was called and took the prisoner and received this coin (produced)—I saw a costermonger's barrow opposite the house with some turf on it, and nobody in charge of it; I found this coat on it, in the pocket of which was this tobacco box, and under the tobacco I found these two bad florins (produced) in tissue paper; I took them to the station.
WILLIAM TAYLOR (Detective Sergeant K). I received information, and on 22nd September, about 6 p.m., I was with Sergeant Beall in Bow Common Lane," and saw the prisoner pushing a barrow of turf—I said "I believe you are the man we are looking for for uttering a counterfeit coin; what is your name?" he said "Bailey"—I said "Where do you live?" he said "I have no fixed abode"—I said "Where did you sleep last night?" he said "At a lodging-house in Flower and Bean Street"—I said "You will have to come to the station, and you will be charged with uttering a counterfeit coin to a beerhouse keeper in St. Stephen's Road in May last"—he said "It is quite right, I am very sorry; it is all through getting into bad company"—I said "You will be further charged with having two other counterfeit coins in your possession;" he said "Quite right, I admit it"—he was taken to the station, placed with about a dozen others, and Brown picked him out—he was charged and shown this coat and tobacco-box; he said "That is mine"—he was told where the coins were found.
The prisoner in his defence stated that he found the tobacco-box in a
rubbish heap with the coins under the tobacco, and did not know they were bad.
GUILTY .— Nine Months' Hard Labour.
FOURTH COURT.—Tuesday, October 16th, 1883.
Before Robert Malcolin Kerr, Esq.
MR. SAUNDERS Prosecuted; MR. BLACKWELL Defended.
SARAH WILKIE . I am the prosecutor's wife—we live at 28, New Nichol Street, Bethnal Green—on Saturday night, 1st September, I was going upstairs to bed at a quarter or 10 minutes to 11 with a candle in my hand—I saw the prisoner sitting on the stairs—I never saw him before—I asked him what he was doing; he said he was going to have a sleep there—I said he could not, and he was to go out—I stopped talking to him a few minutes and then called my husband, who came and asked him what he was doing there; he said he was going to sleep there—he said he could not and would have to go out, and he put him outside—a few minutes after he passed him sitting on the doorstep, and he struck him in the stomach—the prisoner stopped there a little while—my husband did not know he was stabbed for a little while—I went for a doctor—I saw the prisoner the same night at a quarter to 12 in my mother's lodging-house at 14, Boundary Street, Shoreditch—he asked for a light and; went up to bed—he was taken into custody about 2.30 or 3—I am sure he is the man I saw on the stairs.
Cross-examined. This was a quarter or 10 minutes to 11—I know Mrs. Fitz—she went to the station that evening—she said she could not swear to the man, it was like his coat—she did not say "This is not the man, he is not big enough;" she said she thought it was not the man—my husband did not throw him into the street; he told him to go and then put him outside—he did not fall down and get covered with mud—I saw the man for six or seven minutes.
Re-examined. He knew what he was about.
JOHN WILKIE (Policeman D 235). On 1st September I was in my room, and about 10 minutes to 11 I was called by my wife, and went out and saw the prisoner sitting on the stairs—I asked him what he was doing there; he said he was going to have a sleep—I told him he could not sleep there—he said "What do you want to put a drunken man out for?"—he pretended to be drunk; he was not—I put him outside—he said "You b—parisher, you shall pay for this," and struck me in the stomach, which knocked my wind out—my wife went for a policeman—I was holding my stomach with my hand, and found it was covered with blood—the prisoner said "You b—, if you have not had enough come outside, I will give you a bit more"—he then went away—my wife went for a doctor, and I went to St. Bartholomew's Hospital—I remained there till Thursday, the 14th, I think—I was an out-patient afterwards—I was there on the 6th of this month—I am sure the prisoner was the man I saw.
Cross-examined. I do not own the whole house; it is my mother-in-law's—I am a lodger, another party lives upstairs—my mother-in-law be a lodging-house as well about 30 yards away or more—I pushed the
prisoner out as he would not go; he fell down—it was dark; my wife had a candle there—when the man struck me she was standing by the door by my side—it was a very dark place—I had not seen the prisoner before that I am aware of—Mrs. Fitz was on the opposite side of the street, which is about seven or eight yards wide, a pretty good wide street.
Re-examined. It was two or three minutes between the time I first spoke to the prisoner and when he stabbed me.
JOHN CROWHURST (Policeman H 209). On the early morning of 2nd September I went to Mrs. Thomson's lodging-house, Boundary Street, about 3 o'clock, and the prisoner was given into my custody by Mrs. Wilkie for stabbing—he was in bed—he said "Sometimes I do right, sometimes I do wrong. What time did this occur? "I said "11 o'clock last night"—he said no more—I took him to the station—about 5 o'clock the same morning I found this knife (produced) in a gateway about 20 yards from the prosecutor's house—at the station he told the inspector he was at the Panther public-house from 7 to 12.
Cross-examined. He appeared to be asleep when I went into the room—I woke him up and told him what I had come for—I did not notice any signs of blood or anything on the knife—there is no evidence that it is the prisoner's knife.
HUGH RAYNOR . I was house surgeon at St. Bartholomew's Hospital on 3rd September when the prosecutor was brought there; he had a punctured wound on the left side of his abdomen just below the eighth and ninth ribs in the region of the stomach; it was transverse across the skin and clean cut—he was apparently in danger then; he is quite wall now—he was at the hospital for ten days—it was such a wound as might have been produced by a knife of this description.
Cross-examined. There would probably be traces of blood on the knife if a man had stabbed another with it.
By the COURT. If stabbed through his clothes there might or might not be traces of blood on it.
Witnesses for the Defence.
ROBERT ROSS . I am potman and barman at the Panther public-house, Bethnal Green—on 1st September I saw the prisoner at 8.30 at night in the bagatelle room at the Panther—he remained till 11.30—he was not absent for more than two minutes at a time during that time—he just went into the yard and back again.
Cross-examined. I was examined before the Magistrate on the Monday following—I was there four Mondays running—I knew it was 11.30 when he left because I close the room at 11.30, and he played the last game and wanted to play another, but I would not let him.
Re-examined. My deposition was taken on 24th September—I was there before then.
RICHARD REEVE . I live at 7, Turin Street, Bethnal Green, and am a bootmaker—on 1st September I saw the prisoner at 9 in the evening, and continued in his company till a quarter or 20 minutes past 11 in the bagatelle room—I was playing with him the whole of the evening—he was my partner—I did not see him go out of the house during that time.
Cross-examined. We played two games—he is not a friend of mine—I had seen him before about the place.
THOMAS LAMB . I live at 61, Gosalett Street, Bethnal Green—I have seen the prisoner five or six times—on the night of 1st September I was at the Panther public-house about 8.30 or 20 minutes to 9, and saw the prisoner there—he was in my company from then to about a quarter to 20 minutes past 11—about 10 o'clock he left the room for two or three minutes and then came back—we had two four-handed games at bagatelle—I was his partner in the last game.
MARY ANN FITZ . I live at 20, New Nichol Street, opposite the prosecutor's house—on Saturday night, 1st September, I saw the blow struck—I saw the back but not the face of the man who struck it—the prisoner is not the man—I saw the prisoner at the station at 4 o'clock on Sunday morning—I was taken there by Mrs. Wilkie and the policeman I am not a friend of Mrs. Wilkie; we are neighbours—I do not know the prisoner—I had a good opportunity of seeing the back of the man who struck the blow; he was a tall man and had a bricklayer's appearance—I saw Mr. Wilkie throw him out; he only fell on one hand and shoulder, and then got up and stood out in the road and used some foul language.
Cross-examined. I crossed over to Mr. Wilkie—if he had said he was stabbed I could have followed the man—I was standing by the kerb close to Mr. Wilkie when it was done—I did not see the man's face; I don't think anybody did, for the candle was no sooner brought to the door than it was blown out.
NOT GUILTY .
914. WILLIAM ROGERS (16) , Burglary in the dwelling-house of John Dorling, and stealing a book, knife, and two pieces of rope, the property of Henry Foakett, and a coat, the property of William Bishop.
MR. SAUNDERS Prosecuted.
JOHN DORLING . I am a shoemaker and the housekeeper of 199 A, Bishopsgate Street Without, where I sleep—on Sunday morning, 23rd September, about 10 o'clock, I noticed a window broken just near the fastening—about 4 o'clock in the afternoon I heard a noise and went downstairs, and when I got on to the first floor I noticed a window, which is half in the back office and half on the staircase, was wide open, and the door was unlocked—I looked at the door of another office; it was fastened by a padlock, which I found was damaged and had been tampered with—I went and found an officer and explained what I had seen—the office the door of which was broken open was occupied by Mr. Collyer and the Vintners' Company—I had seen the premises safe at 10 o'clock in the morning except a broken latch to the window—I do not know the prisoner.
HENRY FOSKETT . I am a porter employed by the Vintners' Company at 199 A, Bishopsgate Street Without—Mr. Collyer has an office there—the Vintners' Company keep books and other things there—I had locked the door on Saturday about 4.30—underneath the desk there was this box (produced) belonging to Alfred Taylor, my mate—in it were books and two belt strings, and it was locked and in a perfect condition when I left on the Saturday—under the box was Bishops coat (produced)—he is not a servant of the Company.
GEORGE BARBER . I am a tailor employed at 199A, Bishopsgate Street Without, by Mr. Cummings—we occupy the first-floor front—on the Saturday I looked up the room a little after 5—there are two looks to the
door and this padlock (produced), the outer plate of which is now broken—there were various rolls of cloth and other accessories there; none of them were taken.
WILLIAM PHELPS (City Police Sergeant 13). At a quarter past 5 on 23rd September I examined the premises 201, Bishopsgate Street Without, next door to 199 A; it is really in White Hart Court—I found the prisoner on a trap door leading to the roof—I searched him and found on him these keys in his trousers pocket and this small one on the floor underneath the trap door—I took him to the station and he was charged—he said he had come in there to sleep; some man had given him the keys—he said nothing more at the station.
THOMAS TOWNSEND (City Policeman 920). At half-past 4 on 3rd September I searched 199 A, Bishopsgate Street, and found in Mr. Collyer's office a box broken open, the padlock taken off, and this knife was lying by the door—a jemmy was outside in the passage—I found the padlock on Mr. Cummings's door had been tampered with—at 3 o'clock on the previous afternoon I had noticed the window that the first witness spoke of; it was closed—this jemmy corresponds with the marks made on the padlock.
ROBERT LEHMANN (Detective City Police). On 24th September, at 8.30, I examined the premises 199 A, Bishopsgate Street Without, and found some person had got over a low hoarding at White Hart Street at the rear of this house, on to a low roof, through a window, and then I could trace marks back again through a low roof and plank on to the landing window at No. 1, White Hart Court, which is under repair and empty, and to the top floor of that house—there were some marks on the walls, apparently as if some one had climbed up into a cock loft, where I was told the prisoner was found.
By the JURY. The keys did not belong to any premises that we know of.
The Prisoner. I had the keys given me by another chap that was in the house.
NOT GUILTY .
MR. SAUNDERS Prosecuted.
FRANK JESSE . I keep the Fox and French Horn, on Clerkenwell Green—on 31st May the prisoners came to my house—Robinson asked me to cash this cheque (produced)—I knew him—I declined cashing the cheque because it was crossed, but offered to pay it in to my account, and they could have the money on the following Saturday—I said the endorsement was not a proper signature—it was Mr. J. Patterson, and appeared to be in a woman's handwriting—the cheque is made payable to Mr. J. Patterson—Robinson said his wife endorsed it during his absence from home—I asked him to endorse it again, and he did so—he had previously said he was the same as the J. Patterson on the cheque—I paid it in—they came back at 20 minutes past 1 on the Saturday, and I paid them the 8l. 17s.—I had not then heard from the bank that it was all right—about half an hour after they had gone I had from the bank an order not to pay—I went and found Rudge outside my house, and told him the cheque was
returned, with an order not to pay—he said he knew it was all right, and sent me to 26, Gray's Inn Road, where he said Robinson lived—he said Robinson was a man very well off—he said Patterson was all right, he lived at 26, Gray's Inn Road—I found that house was pulled down, and came back and spoke to him about it—I said there was something wrong about it, and that he did not live at 26, Gray's Inn Road—I said "You know this man's name is not Patterson; his name is Robinson"—he said "Yes, I know it is"—I said "If you knew that man's name was Robinson why did you allow him to sign the name of Patterson? you knew that"—he said "Yes, I did"—I put it in the hands of the police immediately—I did not see Robinson again till he was in custody.
Cross-examined by Budge. You came in together—you said you knew Robinson, and that he was worth thousands—you used the house for three months afterwards—I accused you all along of being implicated in it, and gave instructions to the police at the time I gave them, about Robinson—the constables would not take you until they had got the other man—they did not refuse to have anything to do with it.
MARY FORD . I am manageress to the last witness—on 31st May the prisoners came to our house—Rudge said to Mr. Jesse "Governor, will you change this cheque for Mr. Patterson; it is right enough, the man is worth thousands, he is a man of money"—the prosecutor received the cheque, and paid them on the Saturday—I saw Budge several times and Robinson two or three times in between—they asked for the money, and I said they would not have it till the Saturday, till Mr. Jesse heard from his banker—on the Saturday I was present when they came in for the money—I said they could not have it till 1.30, and they were paid the money at 1.30, Mr. Jesse saying he considered it was right as he had not heard from his banker.
Cross-examined by Budge. You spoke about the cheque when you came in with Robinson, and you said you wanted the money—I gave the same evidence at Clerkenwell Police-court—you induced Mr. Jesse to change the cheque—you introduced Robinson—Mr. Jesse would not have changed the cheque only for you.
HENRY WALTER ALEXANDER . I am manager to Messrs. Emmanuel and Son, gas-fitters, High Street, Marylebone—on 29th May Robinson called on me as Mr. Patterson's traveller, for an account—he had been in the habit of calling on us for twelve months—on the Saturday previous we had asked Patterson's for their representative to call on us for the account, and on the Tuesday Robinson called—I paid him a cheque drawn to Patterson's order, and he handed me this receipt (produced)—in consequence of a communication we gave orders to the bank not to pay it.
JAMES PATTERSON . I am a glass manufacturer, of Upper Kennington Lane, Lambeth—Robinson was in my employment—he had no authority to collect accounts, or to collect any account from Mr. Emmanuel—this cheque was not endorsed by me or by my authority.
JOSEPH WAKEFIELD (Police Sergeant G). I apprehended Rudge at 30, Ray Street, Clerkenwell, and charged him with being concerned with Robinson in forging a cheque—he said "I know Robinson. I saw him sign the cheque; I did not see what name he signed. I knew he was a traveller to Mr. Patterson. I have known him for two or three years. He came to me and asked me to have something to drink; I went with him to the Pox and French Horn. He asked the landlord if he could
cash him a cheque; he said 'Yes.' I did not know there was anything wrong. lean clear myself."
Rudge, in his defence, stated that Robinson, who was a neighbour, asked him to go and have a glass of beer with him, and when in the public-house produced the cheque and asked Mr. Jesse to cash it, and that he had nothing to do with it, and he contended it was very unlikely he would have been in and out of the public-house for three months afterwards if he had been guilty.
RUDGE— NOT GUILTY .
ROBINSON— Eighteen Months' Hard Labour.
MR. SAUNDERS Prosecuted; MR. GEOGHEGAN Defended.
ROBERT BOLTON (Detective Constable). On the night of 3rd October I received instructions from Abberline to go to the post-office, 104, Brick Lane—I there saw Mr. Robinson, the postmaster—I secreted myself in a back part of the shop underneath the staircase—about 10.30 I heard the door unlock over the stair, and shortly after saw the prisoner come down, strike a match, then go to the candle box, light a candle, go to a pickle jar and eat come pickles; it is an oil shop—he then went to the till at the back of the counter and took out something and put it into his pocket—from there he went to a desk, which he broke open, and took out something which he put in his pocket—he stayed there some time, and then returned from the counter—I said "What are you doing here?" he said "Don't lock me up"—I said I should charge him with breaking and entering the place, and on suspicion of breaking and entering the place on previous occasions—he said "I have not been here three times before, governor"—I took him to the station, searched him there, and found in his trousers pocket 4s. 5 1/2 d. in bronze, and half a sovereign in his left-hand vest pocket and 2s. 6d. in his right and tickets relating to a benefit on the 10th inst.—I found the key in the door trough which the prisoner came down.
Cross-examined. The key was the right one I believe—I am not aware that he has a defect in his speech—he was not the worse for drink on this night that I know of—I have learnt from his father and mother that he is 16.
ROBERT WILLIAM ROBINSON . I am an oil and colourman and postmaster, at 104, Brick Lane—on the night of 3rd October I had left these 8s. worth of tickets (produced) relating to a benefit concert in a desk, and the desk was locked—on Monday morning I saw a mark of candle grease in the till, which I had left locked, and also on the counter, as if the candle had been placed there—I had previously communicated with the police—this is the right key to the lock of the door; I had last seen it on the Friday fortnight previous, when it had been left at Brodie's for him to take some work through the door—the prisoner lived on the first floor in the same house—there is a separate entrance to that—Brodie lives on the same floor as the prisoner.
Cross-examined. That was the key made for the door—I know nothing of the prisoner's parents.
I left it in the door—the landlord asked me for it three days afterwards;—I could not find it then—the prisoner lodges with me.
Cross-examined. His parents are very respectable—I do not know that the prisoner's birthday was the day before he was taken into custody.
The prisoner, in his defence, stated that on this night he had taken too much to drink, went into the kitchen and chased some cats, and that finding a paper bag lying on the counter he took it up, but he had no intention whatever of committing a felony. He received a good character.
Recommended to mercy on account of his youth and previous good character.— Twelve Months' Hard Labour.
MR. SAUNDERS Prosecuted; MR. HOPKINS Defended.
JOHN JACKSON . I live at 29, Addington Road, Bow, and am a chemical light manufacturer—on Tuesday afternoon, 18th Sept., about 1.40, I was proceeding up one of the avenues of the Poultry Market with my wife—I was obstructed by Batchelor getting in my way and hovering round me—I heard a cry soon after from some one behind me "That gentleman has lost his watch," and my wife called my attention to my chain hanging down—I felt for my watch, and it was gone—I gave the two prisoners into custody—they both pleaded innocence and respectability—I had seen my watch safe just before entering the avenue from Grace-church Street—this (produced) is the bow of my watch.
Cross-examined. I did not give Macpherson in charge in consequence of anything I saw—I did not see either of them connected with the matter—I noticed Macpherson closely at the time, I noticed both men as far as their faces went—I did not notice whether he had a stick in his right hand—I give no evidence against him beyond that he was behind me and Batchelor before me—I believe the place was pretty crowded.
WILLIAM NICHOLL . I live at Devonshire Terrace, Erskine Road, Walthamstow—about 2 o'clock on this afternoon I was coming through the poultry market, leaving the Ship Tavern passage—I saw the prosecutor with a lady, and two or three men hustling him about—the prisoners were the two principal ones, the others I should not recognise again—I saw Batchelor take the watch, and heard a click, and then saw the watch in Batchelor's hand—directly I saw it I touched the prosecutor on the shoulder and told him he had lost his watch—he turned round and I saw Batchelor turn to Macpherson and go close to him and pass the watch to him—a constable was fetched and they were given into custody.
Cross-examined. I will swear I saw Batchelor pass the watch to Macpherson—I saw Macpherson pretty closely—I did not notice that he was lame, there were too many people, I had no change of looking at his legs—I did not notice he had a stick—I should think if he had a stick a watch could be passed to him—I could not positively swear it was not one of the other men I saw him pass it to; there were two or three men together with him, and it was passed to one of them—Macpherson was the one nearest to him, he was the one it was handed to in the first instance—I turned round and said to the people in general "Fetch a constable"—
Macpherson said to me "Fetch a constable"—he seemed very anxious—we were all close together—I went to the police-station when they were apprehended—I went to Fenchurch Street Railway Station first—until the time I left them I did not see Macpherson pass anything to anybody.
Re-examined. There was ample opportunity for him to hand the watch away—I had to meet my employer, and did not wait—directly the watch was passed their hands went down like that.
SAMUEL BESSON . I live at 30, Hereford Street, Russell Square, and am a cashier—on this day I was in the poultry market, and saw a crowd, and the prosecutor with his chain hanging down, and the last witness stated that Batchelor had taken the prosecutor's watch—Macpherson was standing close to Batchelor, and he nudged him in this way, and held his hand for the purpose of receiving something—I saw nothing pass but only the two hands meet.
Cross-examined. I was about two yards off, near enough to see their hands meet—Batchelor was on Macpherson's right hand—I did not notice anything in Macpherson's right hand—the nudging might have been an accident—it was a very crowded place indeed—in my opinion it was a nudge, but I could not swear it was—I saw nothing pass—I followed them all the way to the station, and kept my eyes on them all the time and saw nothing pass.
WALTER DRURY . I am a cook, of 48, Burlington Road, Bethnal Green—on this afternoon I saw the prisoners given into custody—shortly after I found the bow of a watch just where Macpherson had been standing, at his feet—I had seen the two prisoners and another man for three hours before this together.
Cross-examined. There were a good many people there, standing about the place—I did not come till after the robbery was over—there was not a very great crowd, nor a great deal of hustling just then when they were given into custody—I was behind Macpherson when he moved, and I saw the bow just there at his feet; it was on the top of some straw that was about there.
JOHN LORD (City Policeman 834). I was called to Ship Passage, where the prosecutor gave the prisoners into custody—Macpherson said in answer to the charge that if he was taken to the station and charged he would make him pay for it—they both said they were respectable men.
Cross-examined. Macpherson is lame; I noticed he had a stick when going to the station—Batchelor said nothing about whether he knew Macpherson or not—I will swear I did not hear him say that he did not know Macpherson.
MACPHERSON— GUILTY .
BATCHELOR— Eighteen Months' Hard Labour.
918. EDWARD VINE (25), JAMES LONG (19), HENRY VINE (22), and WALTER JONES (38), Burglary in the dwelling-house of William Dyson, and stealing a quilt, a night-shirt, sheets, and other articles, to which HENRY VINE and JAMES LONG PLEADED GUILTY .
MR. SAUNDERS Prosecuted; MR. GEOGHEGAN Defended.
WILLIAM DYSON . I am a merchant, of 495, Caledonian Road, Islington—on 4th August I left my house safe, the doors and windows were fastened—on 24th I returned, everything was as I had left it—I locked
up the house again and returned in a week, on about 3rd September, and found in my room the chest of drawers open, and missed a number of things, also things out of my wardrobe, and a quilt off of my bed—these things (produced) are mine—the door of another room was burst open, and a cupboard was burst open—on a door leading from my room to the drawing-room there were marks as if some one had tried to open it but had not succeeded—this nightdress is mine, my name is on it—these boots found on Jones are mine.
Cross-examined. I think this nightgown was taken from the bed—I cannot say whether it had come from the wash—the boots are not new.
CHARLES BERRY (Detective Sergeant). On 3rd September I went to 8, Hounslow Street, and saw Jones there—I said "Have you bought any wearing apparel or linen of any kind from any person lately?"—he does not keep a shop—he hesitated a moment and said "Yes, I bought a few odds and ends, which my wife has since sold in Leather Lane"—I said "I shall have to search the house"—I did so with another officer—on the first-floor front we found the night dress produced; he said "That is my wife's"—his wife said "Yes, that is mine"—it has Mr. Dyson's name on it—I found two sheets in the drawer—his wife said "I have taken those out of pawn"—he said "Yes, that is all right"—I found two sheets on the bed, and under the bed a counterpane, all of which were brought away, and were afterwards identified by Mr. Dyson—I asked the prisoner if they were his property—he said they were—he was taken to the station and charged on the following day—I was not there—I took a silver mug away on that occasion—on the 17th I came and re-arrested the prisoner, and told him I should take him in custody for this mug.
MICHAEL KEEN (Police Sergeant Y). I apprehended Edward Vine on the 13th at 35, Southampton Row, Notting Hill—I searched the room and found a clock, a butter dish, and other articles, the proceeds of burglaries, and the sheet, blanket, and other things identified by Mr. Dyson—I said I should take him in custody—he said at first that they were his property, but afterwards that they were left there.
Cross-examined by Edward Vine. I found these things on the bed in your room—the blanket was in your room—these things, the property of Mr. Dyson, were in a basket under your bed—I asked you if the room was yours, and if you occupied any other part of the house, and you said the back room—you answered the door when I came—I did not ask you if your brother had been lodging or had been coming there—afterwards, when the property had been found, you said he had been coming, and had been lodging there in that room—before I searched the room I said "Is all the property in the room yours?" and you said "Yes"—I said "I am going to search your room"—when I got up into your room I asked you if it was yours, and you said "Yes"—I asked you if everything in it belonged to you, and you said "Yes"—there were four of us in the room at the time—I came to a box.
CHARLES BERRY (Re-examined by MR. GEOGHEGAN). Jones is married—his character in the neighbourhood is that of a respectable, hardworking man—his wife keeps a second-hand wearing apparel stall in Leather Lane—all I found of Mr. Dyson's was second-hand wearing apparel, sheets, and so on.
Edward Vine's Statement before the Magistrate. "The sheets and pillowcases were found on my brother's bed, not on mine."
Edward Vine, in his defence, stated that his brother, whom he hid not seen for nine years, had come to him, and he had taken two rooms with his brother, into which his brother must have brought these things.
EDWARD VINE and JONES— NOT GUILTY .
There was another indictment against Edward Vine, upon which no evidence was offered.
NOT GUILTY .
LONG.*— Eighteen Months' Hard Labour.
MR. SAUNDERS Prosecuted; MR. GEOGHEGAN Defended.
EMILY GALE . I live at Stronach House, Graham Road, Hackney—in April last I was staying with my sister at 21, Stapleton Hill Road, Islington—I identify this mug; I saw it last at my sister's house in April; I put it away in a Saratoga trunk.
Cross-examined. The trunk was locked; I went away to the Isle of Wight—I returned to my sister's house from there after it was stolen—there was no one left in the house—I came back in August—I missed several other articles; this was the only mug; it has my husband's initials on it—the value is about 20s.—it was a present to him.
EDWARD BISHOP (Policeman Y 166). On 19th August I was on duty at Stapleton Hill Road—I noticed No. 21—the back door was on the jar, just open—the front kitchen window had been broken and the catch pulled back—there were a lot of parcels inside tied up all ready—I gave information at the station.
CHARLES BERRY (Police Sergeant Y). On the 3rd I apprehended the prisoner at his house in Clerkenwell—in the first-floor room I saw this tankard and asked the prisoner if it was his—he said "Yes"—I said "Where did you get it from?"—he said "My wife bought it 6 or 8 months ago at a stall in Leather Lane"—I arrested him again on the 17th—the mug was not identified then—I said I was going to take him in custody "for stealing that mug for which I arrested you on the 3rd"—he said "I bought it in the Cattle Market three months ago; I bought the two; one had a hole in the bottom, and I gave 2s. 6d. for the two."
Cross-examined. There is no shop in the house—the other articles were things his wife sold on the barrow, and a few glasses and a writing desk—all missing property is described in a list furnished to the police—this is the only thing identified besides those of Mr. Dyson—I did not know at the time he was taken into custody that this mug was stolen—there was an interval of 13 days between the first charge against him and that of the mug; during that time he was on bail—he is a man of good character, and nothing is known against him.
NOT GUILTY .
921. HERBERT FORTESCUE (22) to forging and uttering two requests, each for the delivery of two costumes, also to stealing two watches and chains of Thomas Porter, and three pairs of boots of Harry Garnham, after a conviction of felony in December, 1881.— Five Years' Penal Servitude. And [Pleaded guilty: See original trial image.]
922. MICHAEL CLEARY (36) to feloniously marrying Ellen Cleary, his wife Mary being alive.— To enter into his own recognisances to come up for judgment when called on. [Pleaded guilty: See original trial image.]
OLD COURT.—Wednesday, October 17th, and Thursday, 18th, 1883.
Before Mr. Justice Denman.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. THORNE COLE
HENRY HERBERT . On Saturday afternoon, 1st September, I was in the Favourite beerhouse, Islington—the prisoner, and Cumming, and two men named Butterfield and Harris, were there playing at dominoes—Cumming's wife called him out, and he asked the prisoner to finish the game for him—he did, and lost it, and had to pay 4d. for beer—the prisoner came back, and Cumming asked him for the 4d.—he would not pay it—there was a quarrel, and they went outside and fought, and fell, and the prisoner hit Cumming as he was falling, and he hit his head on the cause way—he was taken up, and carried indoors, and died.
George Butterfield giving similar evidence, MR. COLE said he could not resist a verdict, the death being caused by an illegal act on the part of the prisoner.
GUILTY .— Three Days' Imprisonment.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. THORNE COLE
GUILTY .— Ten Years' Penal Servitude.
MR. DIXON Prosecuted; MR. THORNE COLE Defended.
NOT GUILTY .
NEW COURT.—Wednesday, October 17th, 1883.
Before Mr. Justice Hawkins.
MR. WILLIAMS Prosecuted; MR. WARBURTON Defended.
WILLIAM JUDD . I am proprietor of 17, Anchor Yard, Old Street, St. Lake's—on Saturday night, 22nd September, Neal and I were going down Type Court arm in arm; we stopped outside No. 12, where he lived he is a bootmaker, and is 21 years of age—Scully came up and Neal gave him a soft push—Scully then took an open knife out of his left-hand pocket—this is it (produced)—he stabbed Neal on the chin with it with his left hand—Neal pushed him again, and he stabbed him under the ear—a great deal of blood came from his ear—Scully ran down the could and Neal after him—I lost sight of them—no words passed—they
were sober—the blows with the knife were instantly after Neal pushed him.
Cross-examined. I was a friend of Neal's—I was two yards off; it might have been more; the night was dark—both blows were struck with his left hand—Neal had been with me all night, and I am sure he was sober—I only saw Scully a minute or two, but I am sure he was quite sober.
By the COURT. There was only one push before the knife was used—he only pushed him about a foot—not a single syllable was said—I had not seen Scully before that morning, and I don't think Neal had—I did not swear before the Magistrate that Scully came up and spoke to Neal—I mean to say that neither of them spoke to the other—this is my signature to my deposition. (This stated: "He came up and spoke to Neal; I did not hear what he said, but Neal pushed him; I did not hear any words pass.") I did not hear them speak at all or see their lips move.
MARY CULLEEN . I am 13 years old, and live with my parents in Type Court—on this Sunday morning I was outside No. 12 and saw Jane Cassidy, but Mary Cannon was not there—the prisoner came up the Court, and Neal went up to him and said "What did you hit Mary for?"—Neal pushed him, and he said "I will give you the same," pulled out a knife, and cut him on the chin—Neal pushed him again, and Scully pulled out the knife, struck him under the left ear, and ran down the court—Neal was taken to the hospital—I did not see Mary Cannon in the house that night.
Cross-examined. I knew Neal to speak to—he was sober—I was about three yards off—Neal spoke in an angry tone and pushed him twice—Neal came up the court with another person, not the prisoner—I had not seen them together that evening.
By the COURT. After he struck Neal the first time, he put the knife in his pocket, and when the second push came he pulled it out again and struck him under the left ear.
JANE CASSIDY . I am 13 years old, and live at 11, Type Court—on Sunday, 2nd September, about 12.30, I was outside my door, and saw the prisoner standing on the window ledge of No. 13—Neal came up the court with Judd, and Scully said to Neal "Are you ready for me?" and Neal pushed him and said "What did you want to hit Mary for?"—Scully said "I am only waiting for you to give me a chance," and took a knife out of his pocket and stabbed him on the chin—Neal pushed him again, and Scully stabbed him under the left ear; the blood poured out, and he was taken to the hospital.
Cross-examined. I knew Neal intimately—I was standing there three minutes—I could not tell whether Scully was sober or not—Neal was not angry; he did not speak in a loud tone—I did not see Mary Cannon there—I know the prisoner—the knife was open when he took it out of his pocket.
MARY CANNON . I am sixteen years old, and live at 5, Type Court—I know the prisoner and Neal—on Saturday night, September 1st, I went out with Neal at 7 o'clock and came back at 10 minutes to 12, and left Neal at the bottom of Type Court and came up the court alone—when I came to my door the prisoner was sitting on the window ledge; he did not see me leave Neal—he came up to me and hit me—I used formerly to go out walking with him—on the night of 29th August, the Wednesday
night before this happened, he came up and hit me, and I told him I did not want to have anything to do with him, and he struck me—I did not tell Neal that he struck me—he said he would either do for me or the chap—he used to lodge in my father's house—I had not gone out with Neal on the previous Sunday, 26th August, but I was talking to him in Milton Street, and the prisoner saw me—I had been to a music-hall with Neal on this Saturday night.
Cross-examined. When he said "I will either do for you or the chap" we were having a sort of quarrel—only a few violent words have passed between us—I had not seen the prisoner with Neal on the night of 2nd September.
By the COURT. On the Saturday night when he hit me he said "I will pay you for going out with Neal"—he was eating walnuts or mussels when he got off the window, and I believe he had a knife open.
JOHN FURY . I am an umbrella maker, of 4, Type Court, St. Luke's—I know Neal and the prisoner—on Sunday, 2nd September, I came home at 12.30, and saw Neal staggering in the court—he called out "Jack"—I went to his assistance and saw him bleeding from the neck—Lambert took him to the hospital—I went back and saw the prisoner sitting on the window ledge of No. 5—I went indoors and left him there.
EDWARD LAMBERT . I live at 12, Type Court—the deceased lived in the parlour of my house with his father—he was partially deaf and dumb—on Sunday, 2nd September, about 12.30, I heard Judd call out in the court—I went to Chiswell Street, and saw Fury and the deceased—Fury became sick at the sight of the blood—Neal was bleeding from a wound on his head—I took him to the hospital, and remained with him till 2.30, when he died—I then went and saw the prisoner at the policestation.
HENRY HOPEWELL . On the 2nd of September, about 2.30, I was keeping observation on Anchor Yard, where the prisoner lives—he came into the yard, and I said "Is your name Scully?"—he said "Yes"—I said "Have you been to Milton Street to-night?"—he said "Yes"—I said "Do you know any one of the name of Neal?"—he said "Yes"—I said "He has been stabbed"—he said "I did not do it"—I said "Have you a knife about you?"—he said "Yes"—I put my hand into his left-hand pocket and pulled out this knife (produced)—it was shut and quite dry—I took him to the station and told him he would be charged with murder—he said "Mother, mother"—when he was charged he said "He started on me first."
RAYMOND DANCY BOLTON . I was house surgeon at St. Bartholomew's Hospital—on 2nd September, about 12.30, I saw Neal there—he had an incised wound penetrating his chin and lower lip, and a punctured wound on the side of his head, beginning at his ear and going into his neck two and a half inches deep—he never spoke, and died about 2.30 a.m. from hemorrhage from the wound—he lost a great deal of blood and vomited.
GUILTY of manslaughter. — Ten Years' Penal Servitude.
NOT GUILTY .
MR. RIBTON Prosecuted; MR. MONTAGU WILLIAMS Defended.
FRANCIS DENCH . I am the wife of George Dench, of 22, Halton Road, Islington—we had a lodger, a stonemason, named Clark, who came about the end of June with a woman, who I thought was Mrs. Clark, but I have found out that she is Mr. Roberts, the prisoner's wife—on Saturday, 1st September, Clark was complaining of illness, and on the Monday he was unable to go to work—on 4th September, about 9 p.m., the prisoner came there; I had never seen him before—Mrs. Brown, a lodger, opened the door—I heard him ask for Mrs. Robinson, who is Mrs. Roberts's mother and lives in the house—I said "I will go up and see if she is at home," and he followed me up—Mrs. Roberts opened her room door, the prisoner went in and shut the door, and I went downstairs—I had not been below more than a minute when I heard cries of "Murder"—I went upstairs, opened the door, and saw the prisoner striking Clark, the deceased, with a stick, who was in bed in his nightdress—I can't say whether he was covered with the bedclothes—I went downstairs—Mrs. Roberts was in the room trying to protect him—I heard the prisoner tell Clark to get out of the room—I went downstairs to get help and returned again, and he was still striking him—Mr. Bradbury was there and caught hold of the stick, but he pushed her away—Mrs. Sadler, another lodger, tried to help—the prisoner had then got Clark at the foot of the bed, and was striking him across the head—the beating went on for five or ten minutes—the deceased said nothing, but he groaned—my husband came home and turned the prisoner out—I found the deceased very feeble and helped him downstairs—Dr. Miller came next day and attended him—he never got up again, but died on the Sunday morning—this is the stick (produced).
Cross-examined. The deceased and the woman I now know as Mrs. Roberts were living as man and wife with the mother-in-law—Mrs. Roberts did not sleep at my place every night; I know now that she returned to her husband—when the husband came in he found the deceased in bed and his wife in the room—I heard him say "She is my wife," and he said to the man "You will go out of this room," and then he set to work and commenced beating him—no doctor had attended him before Dr. Morris—the assault was on Tuesday, and she had come back to Clark the day before.
Re-examined. I do not know where she came back from on Monday—she was away on the Sunday, but not on the Saturday—I saw her on the Saturday—I do not know whether she went back to her husband or not—Mrs. Robinson was present and saw the whole of it—I don't know whether she is here.
JULIA BBADBURY . I live at 22, Halton Road, Islington, on the floor above where Clark lived—I was there when they came to live there—on 4th September I heard a cry of "Murder" in the room below, went down into the room, and saw the prisoner beating Mr. Clark with a stick and saying "Get out of this room"—Clark was in bed, but the clothes were off him—he was moaning—I caught hold of the stick and tore it from the prisoner, and he pushed me in my chest—he struck Clark twice across the loins and twice across the head—I saw no blows
on his chest—Mrs. Dench took Clark out of the room; he appeared very feeble, and Mr. Dench came and put the prisoner out of the house—Mrs. Robinson was there.
Cross-examined. I said before the Magistrate "I saw the prisoner strike the deceased three blows with the stick, twice on the chest and once on the head."
FRANCES SADLER . I am the wife of Ebenezer Sadler; we live on the second floor of this house—I heard cries of "Murder!" ran down into the room occupied by Clark and Mrs. Roberts, and saw the prisoner striking Clark at the foot of the bed, and Mrs. Bradbury trying to get the stick from him.
HENRY WILLIAM WOOD . I live at 10, Church Passage, Islington—the deceased, George Clark, was my uncle—he had lived on and off with Mrs. Roberts for 13 years—I thought she was his wife—I did not know her name.
Cross-examined. She used to come and see my uncle, sometimes once or twice a week—she sometimes stopped the night with him, and sometimes went away.
JOHN ALEXANDER MILLER . I am a surgeon in partnership with Dr. Morris, at Percy Circus, Clerkenwell—on 5th September I was called to the deceased, Dr. Morris having seen him on the Monday—I found him sitting on a couch on the first floor, very feverish and tremulous; his breathing was short, and he complained of pains all over his body, and of having been beaten—I found a puffy swelling on the upper part and another on the fight side of his head—the skin was not broken—I found a narrow wound from his right temple along the right side of his cheek, about four inches long, and two small bruises over his right boulder and another across his right forearm—he had congestion of the left lung—his head was tender to the touch—those injuries might have been inflicted with this stick (produced)—I attended him till his death, at 2 a.m., on the 9th, from disease of the lungs.
JOHN SOMERS (Police Sergeant). On 13th September I attended the inquest on Clark—the prisoner gave evidence, but to the best of my knowledge he was not sworn—I heard the verdict of manslaughter returned and arrested him as he left the Court—when the inspector entered the charge at the station he said something about his wife living apart from him—I found these letters on him (produced).
Cross-examined. He said "Those are letters from my wife to the deceased man"—the postmark on one of them is August, 1833—there is no date to the letter—this (produced) is the Coroner's writ of committal—I did not see the prisoner sign his statement; there is no one here who did.
The COURT ruled that the prisoner's deposition before the Coroner could not be put in.
GUILTY of assault, occasioning actual bodily harm, taking into consideration the state of health of the deceased. He received a good character.— Fined 50l.
THIED COURT.—Wednesday, October 17th, 1883.
Before Mr. Recorder.
MR. HODGKINSON Prosecuted; MR. FILLAN defended Cahill.
ELLEN COE . I live at Rock Avenue, Fulham—I have a machine and do needlework—on the night of 17th September, about 10 o'clock, I and Ann Skinner left my house safe with no one in it; all the doors and windows were fastened and locked except the front door, which has a latch lock—we went to Chelsea and came back about 11.40—we went to bed, and then I missed a little ornament off the mantelshelf, and a canary and cage—we got up, dressed, searched the house, and missed another bird, a comb and brush, and an accordion, which had been safe when I went out—I went with Ann Skinner to the police-station—as we were coming back down the avenue with a constable the lamp which I had left alight was turned out; the constable saw that—as we go to the door Martin rushed out of the passage; as we stopped him Cahill rushed out of the parlour door—the constable took hold of the man on the steps—I was on the steps too, and as Cahill rushed out he knocked me and the constable and Martin off the steps—they struggled on the pavement and got up and down three times on the floor I think—I pulled Martin's coat till the constable got up; as he did so the other constables came round the avenue—Ann Skinner had gone to the police-station and fetched three other constables, who assisted to take Martin to the station—there were four constables there that night—I went to the station with the constables as they took Martin—when I came how the drawers and cupboard doors were open, and the lamp was out—I am sure the drawers and doors had been closed before—there was a money-box there of mine—I missed that when I got up next morning—I saw the man put something in his pocket as he rushed oat of the door—I think it was that because it rattled—I recognise the birdcage and accordion.
Cross-examined by MR. FILLAN. I was a monthly nurse when I first came to London—I do anything now—I am a monthly nurse now when any one fetches me; I was last so two years ago—I do dressmaking or anything I can get—I do not walk the streets; I do not frequent public-houses—my friend and I generally go out at 10 and return at 1 o'clock—we go to see my friend's sister at Chelsea—we don't go out every evening—I met Martin at the Swan public-house—I did not take him home, and he did not stop with me; I swear that—I did not speak to him at the Swan—I had never known him before—that was about three weeks before this happened—he has never been in my house in his life—my friend is a servant—she has been out of a situation about three weeks, and lodges with me—I took her out every evening—on this evening we went out at 10 o'clock to Chelsea—my friend's sister lives there; we went to see her—we went to see several sisters—I had the whole house then; it is all let now—I am the landlady now—the other rooms are let—I keep the parlours to myself—nobody else was in the house—no one else was living in that house on that night but me and my friend—there was no one in the house when I left it—no lady visitors come to the house—one gentleman
comes to see me regularly; he has been living with me for 13 or 15 months—he had no key; only lodgers have keys—I locked and bolted the doors before I went out, the back-door with two bolts—the windows were all fast—when I came home I opened the door myself—I noticed the things were missing while I was lying in bed—I had not seen any disturbance in the room, only the lamp was out—I thought there had been some one in—I said to my friend "I should not be surprised if there had been some one in here"—she was alarmed and said "Don't say that," and I did not say any more—the constable put his lantern in Cahill's face as he came out—I could tell him amongst a thousand, merely from the view I had as he rushed out—I never saw him before—the constable was on the steps holding Martin, and I was on the steps—while the lantern was turned to Martin the light glanced on Cahill.
ANN SKINNER . I was living at Rock Avenue—on this evening we went out about 10 and returned at 1 o'clock, or a few minutes to I o'clock, and went to bed—as we laid in bed my friend missed the things—we got up am went for a constable, and when we got to the house I saw Martin coming out of the passage—I went to fetch a policeman and did not see any more.
Cross-examined. I had been living with the monthly nurse about two months—during that time we were in the habit of going out from 10 to 1 o'clock—sometimes we went for a walk—we used to walk back from Chelsea—we left the place all secure at 10 o'clock—I bolted the back doors myself—the front door was only latched; any one could go in with a latch key—I saw her shut the door—she opened the door with a key when we came back—I missed nothing—the lamp was out—my friend first missed a little china dog when she was in bed—we always burn a lamp at night—I have been in Court—there were no other lodgers in the House—people had taken rooms at the top, but had not come in—they had no latch key—sometimes a lady friend might call in the afternoon—only one gentleman called, who was my friend's young man.
Re-examined. I am a domestic servant now.
EDWIN MARWOOD (Policeman T 232). At 1.20 a.m. on the 18th the prosecutor came to the Fulham Police-station with Ann Skinner and made a complaint, in consequence of which I went with her towards Bock Avenue—as we were going down the Avenue I saw the flickering of a light which was being put out—on going up the steps into the passage I saw Martin coming towards the parlour door—I seized him by the collar and pinned him by the door—my lamp was in my right hand—Cahill rushed out then, and both pushed me down the flight of seven steps, where I struggled with Martin, and secured him—he was eventually taken to the station—two other constables came and helped me—all these articles were afterwards found by different constables and taught to the station—after the charge was read Martin said "I have been led into this; I was invited in by him"—he did not point to any one; he was the only one in custody then—on him was found a latch key which would open this front door—I tried it—the key was given Martin by his landlady, and fits his own door where he lodged, and this To use as well.
Cross-examined by MR. FILLAN. Cahill is a man of good character—I know of nothing detrimental to it.
September I was on duty in Rock Avenue, Fulham, and my attention was attracted by Skinner screaming "Police!" and "Help!"—I rushed down and saw Martin knock Marwood down and kneel on him at the door of the prosecutrix's house—I rushed up, and with the assistance of another constable took Martin to the station—he struggled very much all the way to the station—I did not see any other man.
Cross-examined by MR. FILLAN. I went up to the door while Martin and the other constable were struggling—Coe was on the pavement—I did not see any one rush out.
ALFRED BOLTON (Policeman T 268). On 18th September I was on duty near Rock Avenue, and about 12.55 a.m. I saw the two prisoners with two females talking at the top of Rock Avenue—about 3 o'clock, as I was passing round my beat, I found this comb and brush (produced) behind a stone, and about 10 yards farther in the avenue, where Cahill lives, I found this money-box on a doorstep—I Took them to the station—on Thursday morning I went to the Gas Works, Fulham, and apprehended Cahill—I told him the charge—he hesitated a moment and said "I know nothing about it"—while in the prisoner's room Cahill said to me "It was the other man who asked me to do it; he asked me to come down the avenue and said 'I know where we can get some beer.' He took a key from his pocket," meaning Martin, "and opened the door and went in"—I was searching his right-hand pocket—he was placed among seven ethers, and Coe picked him out—I found on him several canary's feathers—Martin lives about 300 yards from Cahill—the things were thrown away between those two houses.
Cross-examined by MARTIN. I saw you in the Wheatsheaf about 11.30 or 12—I saw you at the George public-house at Walham Green at 12.30, and then at two or three minutes to 1, I saw you at the farther end of Bock Avenue, talking to two females; I don't know that they are prostitutes—you said before the Magistrate next day that they were, but you never had any conversation with me about it—I did not say I know that.
Cross-examined by MR. FILLAN. I don't know where Martin Lives—Cahill lives from 75 to 200 yards from the prosecutrix, in the next avenue—I don't think Martin lives at the same place as Cahill—I don't know that Cahill is a dealer in birds—when I went there his wife told me that they had had one bird, and had sold it some months ago—I know he has been working at the gas factory—I have made inquiries; they are satisfactory.
Cahill's Statement before the Magistrate. "I don't know anything about the affair. I went by the invitation of the prisoner Martin for the purpose of drink."
Martin, in his defence, stated that the female witnesses were prostitutes, and that he had been home with Coe several times, and was always invited there and had had drink; that on this night after leaving the George he said he knew where he could get drunk; that they went to the house and knocked; there was no answer, and then as she had said he was always welcome, and as she had shown him her door key and he had remarked that it was the same as his, they went in to have a drink, and he was nearly drunk when he went in.
Witness for Martin.
come out of the Wheatsheaf—I never said I knew this woman at the Pellew public-house.
GUILTY. Recommended to mercy by many of the Jury on account of their previous good character. — Six Months' Hard Labour each.
MR. MEAD Prosecuted; MESSRS. WILLIS, Q.C., and MR. HILBURY. appeared for Fennell, and MR. BURNIE f or Knight.
WILLIAM SAINT . I am manager to Henry Gray, Jun., a lighterman, of 19, Wafer Lane—we do the lighterage for the London and St. Katharine Dock Co.—at the end of April last we received instructions from the Dock Company to convey a quantity of ivory ex Pekin from the Albert Docks to the London Docks—I employed a man named Vorley to bring his barge into the Albert Docks on the 27th, Friday—I did not tee the ivory then—I saw it and counted it in the London Docks on Monday, 30th April, about 12.30—when I counted the tusks they were covered in canvas—there were 48 small ones of this description and size and four large ones (parcels produced)—there were four bales or packages wrapped in hides—I should say at once, having seen so many of this kind of packages, that they were tusks—the tusks were marked "E S"—I am referring to a note made at the time—the outer covering and the tusk itself were marked the same—I saw them all afterwards in the warehouse; they all bore "ES"—the bales were marked "C A A" internally on the tasks themselves, and "CA S" on the outside—I did not find the "Pekin" on them, that was marked on after it reached the London Docks—I informed the police.
Cross-examined by MR. WILLIS. I first saw the ivory at the London Docks—the man who was employed would have discharged his duty then—three men were employed to bring it from the Albert to the London Docks, Vorley, Harris, and another man whose name I forgot; the three were employed for the purpose of giving relief—the unloading into the barge began on Friday; he did not leave the Albert Dock till 3 on Sunday morning—the loading was not finished till Saturday, and then he would have to wait for the tide on Sunday morning to come out of the Albert Dock—with goods of value we are always anxious to complete the loading on the same day to make the time as short as possible—it commenced about 2—as far as I can judge one tusk formed a package by itself, marked "ES" on the package, and those I examined at the London Docks had "ES" on the tusk itself also—I believe the ivory is from Zanzibar—I have been employed before to carry ivory from one dock to another—a very large quantity of ivory arrives in this country, and possibly a large quantity with such marks on as these—I cannot explain why "C A S" is on the outside and "C A A" on the end—I don't deal in ivory.
Re-examined. The state of the tide has to be consulted before a barge can enter or leave the docks, and that means delay—the letters sometimes indicate the initials of the firm of consignees—different goods to the same consignees generally come with similar marks.
on Friday, 27th April, I gave directions to Searby to deliver into the barge Vienna 55 packages of ivory—I see it here—I stood on the deck and taw them count it; I did not count it as they put it in; after they were in I did—there was a dispute—there were 50 single tusks and five bales—it was about 3 o'clock on the 27th when I counted them—the loading of the ivory was completed on Friday; there were other goods in the craft—I could not say bow the tusks were marked; I believe the bales were marked "C A S"—I only went in for counting the bales, as there was a dispute.
Cross-examined by MR. WILLIS. There were no other goods in the barge at the time I counted the ivory—the ivory was the first thing to be put into the barge—I stood on the barge deck—I did not make any note of the number I counted—I am certain there were 50 tusks and five bales—I gave ray tallyman instructions to deliver those 55, and after they had been delivered the tallyman, Searby, came to me and said the lighterman only made 54—I said "How many do you make?" he said "55"—I said "We will have them turned over"—we did so, and there were 55, and the lighterman was satisfied that there were 55—Vorley was the lighterman—he was there at 4 o'clock on the Friday afternoon—I saw the barge after that—we did not finish loading till the Saturday, I cannot say what time—the other goods taken in the barge were pieces of ore and clothes and guns, a sort of miscellaneous cargo—the ivory was discharged from the Pekin into what we term the lock-up, and then the loading was from the warehouse into the barge—the barge's head was right under the stern of the ship—the Pekin's crew was on board the ship, and there were lots of men at work unloading other portions of the cargo, near this barge—we always take all ivory to the lock-up because of the value of the cargo—we always put ivory in a barge first—ore and other things were put in on the Friday—these were all lying alongside the ship on the Friday in charge of the lighterman—it is his duty to stay there all night—I do not know that the barge was left all night—it ought not to be left, there should be a man in charge of it.
Re-examined. I first heard of the loss about two days afterwards, so that the fact of my counting was then brought to my attention.
JOHN VOBLEY . I am a lighterman in the service of Mr. Gray—on 27th, Friday, I went to the docks with my barge, the Vienna, and amongst other things received a number of packages, which I believed to contain ivory—I counted them alter I got them in from the shore; there was a dispute—we turned them over, and found they were quite right, 55 packages of ivory, 60 long tusks, and 5 bales—after they were delivered I was relieved by a watchman nicknamed Punch for 20 minutes, to go and get my tea—that was about 4.30 on the Friday—I was not relieved again till the Sunday morning, and then I was not relieved—we loaded in the Albert Dock on Friday, then came into the Victoria Dock, and into the river, and were towed by a tug employed by Mr. Gray to East Greenwich, and then proceeded under oars to the London Docks—I got there about a quarter past 6, and stopped till 7 with the barge—nobody came to relieve me the whole time, and as I was wet through I relieved myself, and left the barge, and did not return—I was like discharged when I got there—I was not employed again before Monday night—during the time I was n board nothing was removed that I know of—I was detained one hour on Saturday getting passes for goods on board the
barge—I did not know when I got into the London Docks that any cargo was missing; I did net see anything disturbed.
Cross-examined by MR. WILLIS. I noticed nothing disturbed on the Saturday—I put from 30 to 40 bags of coffee on-the top of the ivory to cover it in—I finished loading about 12 on Saturday, or 11.30—at 12.30, after lunch, I went to get the pass, and was an hour endeavouring to get that, and returned about 1.30—the barge was lying under the stern of the vessel, loading from the Pekin, I think—I did not notice anything disturbed—the coffee would have to be moved to get to it—each coffee bag weighed about one hundredweight and a quarter—it was in one tier under the deck—they could have got to the ivory by shifting five or six bags—I put the bags there on Saturday morning; until they were there it would be easy to remove the ivory—we counted the ivory again on the Saturday morning about 10 o'clock, as a matter of form—the loading clerk who took a note of the goods counted them with me—I have not seen him here—I had a dispute with the clerk about one package of ivory in the same barge—there was one which was set right on a second counting on the previous day—I left the barge on Saturday evening about 7 or 8 to have tea—she was then ready to go into the river—on Sunday morning I took her into the London Dock—there was no one to take charge of her there—I arrived about a quarter to 6, and stayed till 7—there are gates there to prevent people going in and out; they will let people in they know well, without a pass.
WILLIAM BAKER . I am a watcher in the service of Mr. Gray, the lighterman—on Sunday, 30th April, I went to the London Docks, Shadwell Basin, and saw the Vienna there about 7.20 am.—no one was in charge of her then—I took charge other—Harris relieved me at 1 o'clock—I relieved him at 3 on the same day, and stopped till 9 on Monday morning, and then Harris relieved me again—while I was in charge nothing was taken from the barge.
JAMES HARRIS . I am the foreman's assistant at the London Docks—I took charge of the Vienna there on the Sunday about 1 o'clock from Baker, and kept watch till 3, when he relieved me again—I took charge on the Monday morning between 8 and 9 o'clock—I saw the unloading begin—I did not count the packages of ivory until they were landed—48 separate tusks were landed out of the barge, and 4 bales containing smaller pieces of ivory, 52 in all—I reported the deficiency—the weight of a tusk would be about 601b. or 70 lb.
VICTOR HUGHES . I am a tallyman, in the service of the London Dock Company—I saw the cargo unloaded from the Vienna on the Monday—52 packages of ivory were taken out altogether—I did not count how many separate pieces—the unloading begun about 2.30, and finished about 4.
Cross-examined by MR. WILLIS. I saw the whole of the unloading—I am quite sure none were taken away while I was there—I simply know that there were 52 packages.
CHARLES SCATES . I am foreman of the ivory department at the London Docks—on Monday, 30th April, we received four bales and 48 tusks into the warehouse—a deficiency of three packages was reported to me; I examined them—the tusks were wrapped in gunny, a coarse sort of cauvas, on the outside of which was marked "C.S.," "C.A.S.," and "P E."—I examined the tusks themselves; this is one of them—there
was "C.A.A." on the face of it—the outside of the gunny of the large ones was marked "E. 8." in black, and on the tooth itself "E.S." in red—on the centre of the tooth was marked a Zanzibar stamp in black with a number and Arabic figure underneath it—there is a similar mark on the smaller one where it has been cut—this (produced) is one of the large tusks found at Fennell's; the Zanzibar stamp is obliterated here; the red "E.S." is erased; there are no traces of red letters; you can see where it has been erased, it has been scratched in the same place as it is on the others, about the position of the red mark on the other—the Zanzibar mark is nut there—it is scratched on the same position where you find the Zanzibar mark on the other tusks—there is a slight indication that there has been something there very similar to the Zanzibar mark on the others—I have had over 20 years' experience of ivory—this piece shown me by the police is very similar in size, quality, and every way—the mark outside the bales was "C.A.S."—I examined the ivory in them—this is one of the tusks in them—there were no other marks on the tusks by which I could identify them—on this from one of the bales there was the Zanzibar mark with the Arabic number and letters, and on the face of it "C.A.A." in black, and a few foreign marks on the front here—the ship's name is put on by the Company—there were no other marks on it when it reached us—on this piece which the police have shown me I can trace "C" and a portion of the two A's—it looks reddish here on account of its being erased—I should say from my experience of ivory marks that it was originally black—there is no Zanzibar mark—there is an appearance as if something had been erased—there is the mark of an erasure at the end of this piece; a portion of the "C" is left, only there is a scratching at the side where the Zanzibar mark is on the other piece—I have the weight of certain ivory shown me by the police; I have not weighed it nor seen it weighed; Mr. Saint did, I believe—I weighed what we received; I did not weigh any produced by the police.
Cross-examined by MR. WILLIS. In many cases where we erased black marks they became red in the process—we erase marks sometimes—I could not trace any marks on the large tusks at all—they are marked as a rule, but not always, there are exceptions; some of a consignment are marked, and some not—all the Zanzibar ivory is not marked "C.A.A.," that is the shipper's mark on this parcel—I found it on the ivory that I examined at the London Docks—we have had that shipper's mark before, several consignments of it—sometimes it has the Zanzibar mark on and sometimes not—I do not see any Zanzibar mark on this, and no trace of obliteration—I think this red mark is the remains of a black "C," and not part of the grain—it is in the same position—we frequently have similar consignments bearing similar marks—I have no other pieces of the bale here—I examined every piece in the four bales; every tooth is marked—each piece contained the mark "C.A.A." exactly like that—I won't be certain if each had the Zanzibar mark; it is not necessary that each should be marked with the Zanzibar mark; we did not look at that, it may be every one had it on—I do not find a trace of the Zanzibar mark on all these—the ivory we receive passes out again into the public market for distribution and sale.
Re-examined. All of this we had in the warehouse was not delivered to the consignees, we have some of it remaining—I can tell which is Zanzibar
ivory and which comes from other parts, that is my business—to the best of my impression this produced by the police is Zanzibar ivory, which is superior.
THOMAS ROWLEY . I live at Manchester, and am a general commission agent—I have dune business with Fennell for some time—I received this telegram from him on 1st May: "I have 250 lb. fine tusk ivory; can you do with them? say early"—I seat him this telegram in answer: "Send ivory to goods department, Sheffield Station, to my order; no doubt I can sell it there; send full instructions to-night" (Then followed directions to send indigo in the same way to Manchester)—I received this letter marked "C," dated 2nd May; the writing is similar to that I have been in the habit of receiving from Mr. Fennell. (This dated that he sent ivory, very fine indeed; that if he referred to the "Public Ledger" of the 28th he would find all he wanted to know; that he must get the market price for it, and that it would do for billiard balls, that there were two large tusks at about 80l. per cwt., and that if he could not all it the carriage back would be paid)—then I wrote him a letter; this is the press copy. (This confirmed his telegram, and staled that doubtless he could dispose of the ivory at Shiffield to some of the cutlers, and that if he would let him know what was the lowest price he would accept, he would try to get as much more as he could)—I referred to the Public Ledger to see the current price—I received this invoice (produced) with the letter "C" as a sort of memorandum: "Elephants' teeth, 2 cwt. 1 qr. 19lb., at 84l." (And then quoting the indigo)—I could not obtain the price named for the ivory, and on 12th May received this letter (produced) from the prisoner: "Dear Sir,—Let the case at the Midland Station remain; do not offer it in any way, and I will see what I can do with it"—on 13th May I received this: "Will you kindly send back the case from Sheffield as soon as you can?"—I sent instructions to the railway company at Sheffield to forward it back to Garford Street—I had the indigo removed to my office; it was never sold, and I returned it to Inspector Reed—it is the quantity described in the invoice, none of it was sold.
Cross-examined by MR. WILLIS. As far as I knew 84l. was the full market price for the ivory—I formed my opinion from the Public Ledger—I made attempts to sell it at Sheffield, but did not at that price—I did not offer it myself personally; I left it with a gentleman to whom I was introduced—I could not find a purchaser at Sheffield at 84l. per cwt., and then Fennell had it returned to his own place of business—I have done business with Fennell for two or three years, and have received various kinds of goods from him—I have seen two of his places of business in London, one in the West India Road and one in Garford Street—he carried on a pretty extensive business as far as I could see—I have seen all kinds of goods both new and old lying on his premises—I know nothing about advancing money on goods—I had had from him before indiarubber, indigo, and wool; I may have had other things, but no ivory before—our correspondence with regard to the ivory was transacted in the same way as with respect to the other goods; there was no difference in the nature of the commission—it is not unusual for him to send a telegram that he has goods and wishes me to dispose of them—sometimes I bought, but in most cases I sold on behalf of Mr. Fennell in his name for a commission—I disclosed his name to the persons to whom I sold in
Manchester and Sheffield—if I had sold the ivory in Sheffield it would have been sold in the name of Charles Fennell—the indigo came to Manchester about the same time as the ivory—I took the indigo to my warehouse, not the ivory—I had the indigo under offer and endeavoured to bell it I did not see Mr. Fennell between May 2nd and the early days in June, when the difficulty arose—whatever passed between us was by this correspondonce which has been disclosed—I have been 21 years in business in Manchester on my own account—I think Mr. Fenuell got first to know my name through my being an indiarubber manufacturer there; he offered me indiarubber; then when I ceased to be a manufacturer I bought goods of him and sold goods on commission for him.
GEORGE PAFFEY . I am a carman in the service of the Midland Railway Company—on 2nd May, from instructions received, I went to Mr. Fennell's premises, 9, Garford Street, Poplar, and received three quantities, one for Sheffield—these (produced) are the notes I received: "Please receive one case to be forwarded to Mr. Rowney;" "Please receive two cases to be forwarded to Mr. Rowney, Munch eater"—I forwarded the goods.
RICHARD RUSSELL . I am salesman to Messrs. Burroughes and Watts, billiard table and ball makers—I received these two letters, 1 and J, on 25th May, and after that saw Fennell—he referred to the fact of having written with regard to some ivory that he had for sale. (Giving the dimensions of the ivory, stating that the Captain thought it was worth 86l. per cent., and inviting them to tee it)—we sent some one down to see the ivory, but the price was too much.
Cross-examined by MR. WILLIS. The prisoner saw Mr. Burroughes after seeing me and after the letters came.
WILLIAM BURNS CHARLESWORTH . I am clerk to my father, Thomas Charles worth, a merchant, 61, Mark Lane—on April 2 we received advice of a consignment of ivory and other goods by the Pekin from Zanzibar—we received four bales—I did not see it again—I did not weigh them—my father was the consignee; we received them from the docks—we received fifteen tusks at the same time from the docks.
JAMES GOSSHAWK . I am a clerk to Messrs. Lovita and Co., merchant, of Gresham House—about the end of April last our firm received Rome ivory—I don't know how many tusks; I only know of the advice—we should have received 35—I have seen 33 delivered at the docks since, at the beginning of May; they were consigned to us—the value of two of the tusks I saw at the docks was 50l. to 60l. each—they were very large ones.
GEORGE REED (Thames Police Inspector). On May 4th I received information of the larceny of the ivory and made inquiries—on Saturday, 2nd June, I went with George Wright to Garford Street, Lime-house, where we saw Fennell standing at the top of the street in Emmett street—I said "Mr. Fennell?"—he said "Yes"—I said "I am an inspector of police; have you any ivory in your place?"—he said "No—I said "I want to see"—we went to 9, Garford Street, where he carries on business as a general dealer—I looked round and said "I see no ivory here"—he said "No, I have no ivory"—I said "But you have another place round the corner"—he said "Yes"—I said "Have you any ivory there?"—he said "No"—I said "I have a search warrant and I must see"—I produced the warrant and he looked
at it—he then told Knight to fetch the key of the other warehouse—Knight is foreman or manager to the prisoner—he fetched the key of the other warehouse, and then I, Wright, Fennell, and Knight went round to 7, Emmett Street—Knight unlocked the door, we went in, and I saw there a long box or case—I touched it and said "What is this?"—they neither of them made any reply—I said "I must see what is in it; I must have it opened"—Knight then opened it, and I put my hand in and found it contained ivory—brought out the tusk—as Knight was opening it Fennell said to him "What is in it?" and Knight turned round and said "Ivory"—Fennell said "I thought the captain had taken it away"—I took out a tusk, held it in my hand, and said to him, "How do you account for this"?—Fennell said "The captain brought it here, and I thought he had taken it away again; my man told me it was here"—Wright said "Who brought it here"—Knight said "A carmen and another chap"—Wright said "Who is the carman?"—Knight said "I don't know;—Wright said "Who is the other chap?"—Knight said "I don't know; it was about ten days ago"—I said "Did you receive any invoice with it?"—Fennell said "No"—I said "Do you know to what ship he belongs?"—he said "No, I don't know"—I said "Do you know where he lives?"—he said "No, I don't know"—I said "This looks very strange; you appear to me to take in anything from anybody without papers or invoices or anything else, whoever may bring anything here; this ivory has been stolen from a barge on the river, and I shall charge you both with being concerned in receiving it"—when Fennell said a captain had brought it and he thought he had taken it away, I said: But you have been offering it for sale"—he said "Yes, I have offered it two or three times"—I then left Knight in charge of sergeant Howard in the ware-house in Emmett Street, and went with Wright and Fennell to 9, Garford Street—I searched in the office and on a shelf I found some pieces of silk in a parcel—I said to Fennell "Halloa, what is this? how do you account for this?"—he said "I don't know"—I said "Where did you get it?"—he said "I suppose it was brought in with samples"—I said "Do you know who brought it in"—he said no, he said "No"—I also found some packages of twine on the shelves in the office—I asked him how he accounted for those; he said they were all right, they were what he used—they have since been identified, and are here—he was taken to the station and charged—they were brought before the Magistrate the same day and remanded, knight on bail, Fennell not—Fennell got bail on the 6th—on the 7th I went to Southend. (MR. MEAD was processing to prove the possession of goods on 7th June. MR. WILLIS submitted that goods found subsequently to those charged in the indictment could not be given in evidence, as according to the Act of Parliament they must be found at the place at the time the charge was made and have been stolen within 12 months; and that in this case they had been found at a different place and subsequent time. (See Reg. v. Drage, p. 85, 14 Cox's Criminal cases.) MR. MEAD contended that as he could show that the goods were at the prisoner's house at Southend when the officers were searching his warehouse, and that they were received within the 12 months, the evidence was admissible. The RECORDER, having consulted Mr. Justice Hawkins, decided to admit the evidence, but in deference to Lord Bramwell's ruling in Reg. v. Drage, to reserve the point.
We took away what ivory we found, two large tusks and 10 small ones—I afterwards weighed them—the weight of the 10 tusks was 138 lb., and that of the two large ones 131 lb.—I did not weigh each large one by itself—Mr. Saint was present and Mr. Scates has seen them—on 7th June I went to Southend Railway-station, and was shown there a case with an address card on it, "Mr. J. Smith, Milford Junction, Yorkshire, left to be called for"—I opened the case; it contained 147 ladies' new boots and some loose heels—I went to a house at Southend called "The Glen," and saw Miss Header, and she gave me this telegram (produced)—I had a conversation with her, and then went to the railway station and retained the case—I saw Fennell there at the station—I said "Mr. Fennell, I have traced a case from your residence to this station, and I have examined it, and find it contained ladies' shoes; you need not answer any questions unless you like, but do you wish to give me any account as to how you became possessed of the case of boots?"—he said "Yes, I do; I had them from a buyer of the name of Thomas Evans; he brought them to my place, 9, Garford Street, Limehouse, some time ago, and I lent him 12l. on them, thinking that he was coming to fetch them away, but as he did not come I sent them down here, thinking that he would come and fetch them"—I said "Do you know where Thomas Evans lived?"—he said "No, I don't know exactly, but it is somewhere at Bow"—I said "Well, I believe these goods have been stolen, and I shall detain them for inquiries"—he said "Very well," and wrote an order, which he gave to the station-master, to hand the case of boots over to me—I have shown the shoes to Mr. Henry Chesterman, a witness in this case—I saw the prisoner the day before this, on the 6th June, when he got out on bail, at 9, Garford Street—I was waiting for him—he got out on bail and came—I said "Mr. Fennell, there is a quantity of rope and twine here," pointing to the various articles, "Which has been identified as the property of Messrs. Wright, of Millwall"—he said "I can account for it all"—I had seen the rope and twine there on the 2nd, we did, not have time to go over the place—I said "I am going to take this rope and these things," pointing to the other articles," to the police-station"—I said if be wished to refer to his books and papers he was at liberty to do so, as I was going to take them away with the property—he said "Oh, that silk; I have been thinking about that since I have been at that place; that was given to me by a friend of mine, a mate of a ship"—I said "To what ship does he belong?"—he said "I don't know, but that is all right"—I said "Very well, I shall detain it for inquiry"—I then took them all away—Francis and Mr. Laidlaw, from Messrs. Wright's, who claim it, saw the rope and twine, they were present at the time—on 23rd June, about 11 o'clock, at I was passing through Garford Street with Sergeant Francis, Knight called "Mr. Reed"—I turned round; he came up and said "It begins to look rather serious for me"—I said "Yes, it does"—that was after they were committed for trial—he said "I can assure you I know nothing of it"—I said "Well, you heard what Miss Header said in answer to your own solicitor"—he said "Yes, but the old man said, when we were at Arbour Square the first day, in the cell, 'I suppose I shall have to go to prison, but when you get out you go to Southend and tell Miss Reader to get the case ready, and upon the receipt of a telegram to send it away to Milford Junction,' and of course I went down"—I said "But what about Mr. Smith?" he said "I don't know anything about Mr. Smith; my instructions were to go down and tell her to get the case ready to send it
away upon the receipt of a telegram, and I went down; I am only a servant"—I said "Well, there it is," and I left—I sent the silk to Mr.
Cross-examined. At the station at Southend Fennell did not say anything about lending money on them, or that they were not to be sent away—I wrote down the conversation at the time—I read over my notes the night before last, I did not before I went to the police-court—I did not read them from the time I made them till the night before last—Wright and all my men have seen this document in my desk—nobody has read it—he did not say they were to be sent down to Milford, but not to be sold; nothing of that kind—I had some information before I went to Southend that a box was to be removed in a hurried manner—the officer who gave me the information is not here—I first knew a telegram had been sent when Miss Reader handed it to me—the did so at once—it was in the name of Simley—he is a servant in the employment of Mr. Fennell; his nephew, I believe—I have seen Fennell previously, but not known him—I have been in the warehouse years ago, not for the last six years—I was there about six years ago making inquiries about rope stolen on the river—I could find nothing about it—he has a shop and private house in the West India Road, where he said he lived till the death of his wife, about 18 months ago, and then he went to live at Southend—there are goods at his private house—he has also two largish warehouses, a cellar, and one floor in Emmet Street, and two floors and a large warehouse in Garford Street—I found all sorts of goods there—I did not see if he had these kinds of goods six years ago—I took him to be a general dealer, buying ropes and canvas—he has carried on that business as far as I know from that time to this—at business hours the warehouse it open; you can walk in—I was stopped at the door and asked what my business was—I found on his premises the letters and telegram received from Mr. Rowney and Burroughes and Watts which have been produced to-day, on a file in a little counting-house, where the silk and twine were—there were a lot more letters and things I did not fetch away—I took the recent files and books—I found a banker's book and banking account—looking at the books, he seemed to have done a large business there—I went through the rest of the stock as well as I could—the place was in charge of the police till he came back on the 6th—I have not the least idea of the value of the stock—there were all kinds of things there.
Cross-examined by MR. BURNIE. Knight did not hear the conversation till he was asked for the keys—I believe Knight is a servant—Simley was in Fennell's employment—I don't know if he is here to-day; he would know Knight's exact position—Knight unlocked the door, and when I said I must have the case opened Knight opened it with a hammer, and then while opening it Fennell said "What is it?" and as he was opening it said "Ivory"—I think I sent to Mr. Wontner that day or the following to tell him about the conversation with Knight on the 22nd.
By MR. WILLIS. I have made inquiries about Evans—I found a man had been living at 35, Old Ford Road—his wife was there—it appears he absconded as soon as it appeared in the papers—his wife said she had not seen him since—Fennell did not say where Evans lived; he merely said "Thomas Evans, somewhere at Bow"—we found the address in Mr. Fennell's papers.
them here?"—Knight said "A carman and another chap"—I said "When?"—he said "About 10 days ago," and said "I have brought some ivory for the governor; he knows all about it"—I searched on the file, and found the telegram marked A produced.
JANE READER . I was housekeeper to Mr. Fennell, at "the Glen," Southend—a packing-case came there about March or April, three or four months before the examination at the police-court; that was in June—Knight came to see me, I think, on the Tuesday after they were charged—he said the case was to be sent away when I received a telegram, to Mr. J. Smith, Milford Junction—Knight did not tell me to put anything else—afterwards I received this telegram, and went to the station and addressed this card.
Cross-examined. This case had stayed at the station from March till I addressed and sent it off, three or four months.
HENRY CHESTERMAN . I am warehouseman to Gay, Lamales, and Co.—the police showed me a zinc-lined case with 147 pairs of shoes in, and four boxes of loose heels—I packed them on 16th January, to be sent to Sydney by the "Sikh"—their value was about 56l.—this is a copy of the invoice sent to the consignees—these (produced) are some of them.
Cross-examined by MR. WILLIS. I know the small boxes by the marks on them; there were no marks on the case—the tin lining was soldered down inside.
Re-examined. The goods were shipped from Mr. Springthorpe.
JAMES NIGHTINGALE . I am a carman in the employment of Mr. Thomson, a carrier—on 19th January I received a case from Henry Chesterman, which I delivered at the Victoria Docks depot—it was signed for by Mr. Holywell, who gave me this receipt.
WILLIAM HOLYWELL . I am in the employment of the Victoria Docks Company—on 19th January I received two cases from Nightingale, to go by the Sikh to Sydney, marked E V S in a diamond 26061—I put the case on the platform for shipment in the usual way—this is the receipt I gave.
ALFRED HILL . I am tallying clerk in the employment of the Victoria Docks—I superintended the lading of the Sikh fur Sydney—there were two cases to go by that ship to Sydney from Springthorpe—I then missed one.
JOHN WILLIAM GUNTON . I am foreman of the piece goods department of the London and St. Katherine's Docks, Cutler Street warehouse—on 30th May I received a case containing handkerchiefs consigned by the Paramatta to Hart and Dunk—the case was broken when I saw it, and the matting resewn—it contained 133 pieces, and when I opened it it was all topsy-turvey, and pieces of paper and matting in the case—according to the size of the case it should have contained 200.
Cross-examined by MR. WILLIS. The parcel came by the Paramatta, was landed at the docks, and then brought from the dock station in locked-up vans; or I believe it comes to Mint Street Station, and then by van to Cutler Street—the case should come direct from the ship to our warehouse—it had been opened, matting put inside, and then sewn up again with string—that was the only package of that party—we have a great many packages of silk handkerchiefs.
had a consignment per Paramatta of some handkerchiefs—I went to the ducks, the New Street warehouse, and examined a case, and found 133 pieces—this (produced) came out of the case; it corresponds with these (Found at Fennell's), they are the same—the wrappers round them correspond.
Cross-examined by MR. WILLIS. We have many consignments of this quality, and got up in this way—I could not say that these did not come from previous consignments which we have sold and have passed into commerce—we were short in this consignment—I should think other people have silk done up in this way besides ourselves—I think it was on 30th May I went to clear the goods at the docks, and we were not allowed to do so because they were several pieces short.
The prisoners received good characters.
KNIGHT— NOT GUILTY .
FENNELL— GUILTY of receiving. (See page 714.)
FOURTH COURT.—Wednesday, October 17th, 1883.
Before Mr. Common Serjeant.
MR. GREENWOOD Prosecuted.
CLARA SWEENEY . I live at 96, Pennington Street, St. George's-in-the-East, and am an unfortunate—I had slept with the prisoner the night before the occurrence—there was no quarrel or dispute between us—he left about 11 a.m.—I do not know the date—at 6.15 that evening I was at the White Bear public-house, two turnings from my place—the prisoner came in from a side box, touched me on my shoulder, and laid "Will you have a drink?"—I said "I will have a drop of ale"—I did not have it; he pulled me back by my hair—I put my hand up to my throat—I do not remember any more; I fainted and was taken to the hospital—my knuckle was rut—it was dressed at the hospital—there was nothing the matter with my throat—here are the marks of the stitching on my knuckle.
Cross-examined by the Prisoner. During the time you stopped with me you did not use threatening language to me or cause me to go in fear—you complained of severe pains in your head, and fever, and you were confined to your bed one day—I went to the doctor for you.
By the COURT. That was on the Friday previous to the Tuesday on which it happened—I got some milk and eggs, beat them up, and gave them to him—he was no boarding with me, he was boarding at the Home—he fetched his clothes one night and took them away the next morning.
HENRY KING . I am a costermonger, of 1, William Street, Rotherhithe—I was in the White Bear on 25th September, between 5 and 6 o'clock, in the same compartment as the woman—I saw the prisoner—he asked her to drink, and drew a razor across her throat, saying "You shall not see any more"—she put her hand up to save herself—some one said "Look out for the razor"—he came towards us and I knocked him
down—the woman fell between my legs—he came a third time with the razor; I caught the handle and it gave way from the blade—he came a fourth time and I knocked him down—the landlord picked the razor up.
Cross-examined. I stood in just the same position as the woman did—you just cut the top of my finger and cut my coat (produced)—the cut on my anger was not very deep—it was dressed at the hospital.
FRANCE SCHANEN . I am manager of the White Bear—on 25th September the prisoner came in and asked to go from one compartment to the other, and he went there—the woman was there with King—the prisoner chucked her under the chin, and said "What is the matter with you?"—she said "What is the matter with you?"—he then took this case (produced) out of his left trousers pocket, and took a razor out of it—I went from behind the bar through my private parlour in front of the bar, and found the prisoner and the woman lying together on the floor—she was insensible, and bleeding—I saw blood on her apron—the prisoner appeared to be quite sober and well—I noticed nothing peculiar about him—he came in very quiet, and asked for a glass of ale, which he had.
Cross-examined. I have seen you in my house several times—I have never seen you kicking up a bother—you seldom speak to anybody there, but keep to yourself.
FREDERICK RUGG (Policeman H 125). I was called to the White Bear, and saw Sweeney and the prisoner lying on the ground—she was in a fainting condition, and bleeding from her hand—I said to the prisoner "You will be charged with wounding this woman"—he made no reply—on the way to the station he said "I am quite sober," and he appeared so—the razor was picked up and given to me by the landlord.
Cross-examined. I did not hear you speak until you got to the station—you made no reply to the charge at the station; you did not say anything.
EDWARD HERBERT SQUIRE . I was house surgeon at the London Hospital—Sweeney was brought there on the evening of 25th September with an incised wound on her left hand, quite superficial, about half an inch long—it was likely to be produced by this razor—I merely ordered her finger to be dressed, and she went away—I saw Henry King's hand, and ordered it to be dressed—it was merely a superficial wound.
The prisoner landed in a written statement, in which he said he received a sunstroke in 1870 while in India, and had a relapse in 1875, and he believed he was suffering from its effects at the time he committed this act; that he had been drinking heavily, and had no animosity against the prosecutrix.
FREDERICK RUGG (Policeman H 125) handed in a certificate from the Seamen's Hospital, Greenwich, stating that he was admitted a patient on June 20th, 1876, suffering from sunstroke, and was afterwards removed to the Union.
GUILTY of unlawfully wounding. Recommended to mercy by the Jury on account of his suffering. — Fifteen Months' Hard Labour.
MR. MAURICE Prosecuted.
Kentish Town. Mr. Ballenger,—Hampton informs me that yon did not like me because I did not speak out. I will now commence with Hampton. Many things have been missing: two brass taps, one from the butt that was cut up and another from the cistern in Carlisle Street He said that would do for a job he had on hand at 17, Gloucester Road; he has been doing repairs. Again, when at Ealing, he distempered a kitchen right out and charged for the same and booked his time on to my time. The curtains he stole, only me and the carman knew anything about it. When yon told him he must have them he said he had left them in the cupboard. That was untrue. He came and asked my advice, when I told him to take them back. He said he would say he had been to Ealing for them and charge yon for it. He said he had often lent you 10l. to go on with it, so you could not say anything when Hampton was estimating bills for contracting; so cease to blame others until you find whether this is true. Many things have been missing that others have been blamed for. I send my name in full, and you can use it for what you like, Edward Smith."—There is no truth in that letter—it is in the prisoner's writing; I have seen him write once since he has been on bail—I can also swear to his writing by his timesheets—he was not in Mr. Ballenger's employ at the time he wrote this letter—I believe this time-sheet (produced) to be in his writing—the time between his leaving the employ and writing that letter would be about a month—I spoke to him once after he left, and said we had a job, to underpin a house, and if we started very likely we should want him—I had not seen him since till the receipt of the letter, when I went to see him the same night.
Cross-examined by the Prisoner. The house I spoke to yon about underpinning was 3, Pickering Place, Paddington—I said if I required you I would call on you at 8.20 next morning—we went to Carlisle Street to cut up a tub, which afterwards went to the shop. (The COURT ruled that the prisoner could not go into the truth of the libel, at he had not pleaded justification.) I came to your house on 12th September, after Mr. Ballenger gave me this letter, to ask whether you wrote it or not—you were not at home, and your little girl went to the public-house to find you, and she came back and told me to go to you if I wished to see you—I went and laid "You have been writing a letter to the governor, haven't you?" and you said "Yes"—I said "What reason have you got for doing such a thing? what do you mean by it?" and you said "I mean what I have done"—then you said "I might have been in Mr. Ballenger's employ now if it hadn't been for you," and I am not certain whether it was a thief or a rogue you called me, and I said "Thank you" and walked away—I do not know whether you were out of employment at that time—you have not written out many estimated bills for me or for Dr. Rayner, or one for a window and other things which I have put in for people in Duncanson street.
WILLIAM BALLENGER . I am a builder, of 3, Adelaide Road, 8t. John's Road—the prosecutor is my foreman—the prisoner has been in my employ fur some time—I received this letter by post—it bears the postmark of 12th September—I read it to Mr. Hampton—I know it to be in the prisoner's writing, as I am conversant with it—he worked for me some years before.
Cross-examined. I did not cause any inquiry to be made as to the truth of the letter—I did not tell Hampton to take out a summons against you for
writing it—I have not often complained of things being missed from my shop and other places.
ALCOCK (Police Sergeant Y). I arrested the prisoner on a warrant on the 29th—I read it to him and he said "I should have attended to the summons, but I had not the means to obtain a solicitor."
GUILTY .— Two Months' Imprisonment without Hard Labour.
MR. ST. AUBYN Prosecuted; MR. WARBURTOS Defended.
JOHN POOK . I am a veterinary surgeon, of 4, Cumming Street, Islington—about 12.30 a.m. on 7th October I was outside the Criterion, Piccadilly—the prisoner came up and said to me "Do you want a cab?"—I said "No, I don't want a cab"—he tapped me, and said "Look here, old fellow, you don't want to be rusty," or something to that effect—I then felt a tug at my chain and saw my watch in his hand and the chain dangling—I laid hold of his coat, and he hit me a tremendous blow on the nose, which almost made me senseless—he got away, but I held a portion of his coat—I called out "Stop thief," and ran after him, but I found the haemorrhage so great that I ceased to do so—I gave 50s. for my watch—I saw the prisoner the same night at the Tine Street Police-station—I said "That is the man that has my watch; here is the tail of his coat"—the constable has it; this is it (produced)—I have not recovered from the blow yet, and do not think I shall for some time.
Cross-examined. I did not see the, piece fitted into the coat—there were not many people about at the time—I had been at the Trocadero Music Hall all the evening—I had some brandy and soda, but nothing else—I was not at all excited from what I had had—I was alone outside the Criterion, and was walking towards Long Acre—there was not a lady with me—I have seen my watch again—the chain was not broken—it is at home—I do not know how the watch got off the chain—the swivel is not broken or unclasped—it was attached to the chain by a ring—the ring was not found by the spot—I think I held him by his coat for a minute—I saw his face—there was a man near me at first—I do not know what became of him—I will swear I was perfectly sober—no one knows the agony I have suffered—I have not been under a doctor.
Re-examined. It is very seldom my nose bleeds—on the Leicester Square side of the Haymarket it is not so crowded as it is exactly opposite the Criterion.
CHARLES EADY (Policeman C 110). I was standing at the comer of Coventry Street, Haymarket—I heard cries of "Stop thief," and saw the prisoner running down the Haymarket into Arundel Court, and I ran along Coventry Street, turned into a court opposite to the prisoner, and stopped him—he said "Don't stop me, I am running after a thief"—there was nobody in front of him—Pook was not running after him—I took the prisoner to the station, and there found Pook with his face smeared with blood—he said he had lost his watch, and that he had a portion of the man's coat who had taken it, which he handed to me, and it corresponded exactly with this coat (produced), which, he was wearing.
Cross-examined. The watch was found in the court, over a hoarding
where the prisoner ran—the rough people and prostitutes clear off about 12.15—as they come out of the Criterion the street would be more full, and there would be a good many about as late as 1 o'clock.
Re-examined. This occurred between the Criterion and the Haymarket—it is not so crowded on the Leice ter Square side.
EDWARD DARBY (Policeman G 314). I was at the corner of Morris Street, Haymarket—I heard a cry of "Stop thief," ran into the middle of the road, and paw the prisoner cut across the cab-rank, and stop at the top of Arundel Court—he stood facing me, hesitating whether to go down the Haymarket or the court, and then he turned round and ran through the court, and I after him—I saw Eady stop him against the hoarding in Arundel Court—I got over the hoarding, and found this watch down the pit—I could not see whether he threw anything over—the ring you wind up the watch with was on it at first, but I dropped it coming across the Haymarket or in getting over the hoarding.
Cross-examined. The prisoner was running when he was stopped—he threw up his arms and tried to wrestle with Eady—I was about seven yards behind—he had to pass the hoarding to get into Coventry Street—I am generally in Marlborough Mews—four of us are sent down there every night for cab stopping—on the right side the people are very thick, but on the loft side it is not so—there would be a good many about it the time of the robbery.
Re examined. I am not sure whether the prisoner could see me when he stopped at the hoarding; he might have if he liked.
The Prisoner's Statement before the Magistrate. "I have nothing to say. I have no witnesses. I had a boy with me on Saturday night, and the policeman turned him away."
GUILTY .— Five Years' Penal Servitude.
934. WILLIAM HENRY PAGE (33) PLEADED GUILTY to four indictments for forging endorsements on cheques for the payment of 12l. 19s. 6d., 9l. 3s. 6d., 5l. 4s. 6d., and 1l. 18s. 3d., with intent to defraud.— Eighteen Months' Hard Labour.
NEW COURT.—Thursday, October 18th, 1883.
Before Mr. Justice Hawkins.
MR. MONTAGU WILLIAMS Prosecuted; MR. GRAIN Defended.
ARTHUR HARRIS (Policeman). On Friday, 21st September, about 2.30 am., I was at the bottom of Ship Alley, St. George's-in-the-East, and heard some glass fall in St. George's Street—I ran to Pell Street, and saw smoke issuing from the first-floor front window of No. 194, and the prisoners were standing at the first-floor window in Pell Street, from which a double rope was hanging—the window is thirteen or fourteen feet from the pavement—the rope was fastened round the upright balusters on the landing, and came through the window almost down to the pavement—Holman said "Oh, policeman, the place is on fire"—I sprang my rattle, another policeman came, and I sent him for a fireescape—Holman slid down the rope first and then Evans slid down—they were both fully dressed, but Holman Had no hat—her dress was fastened in front as it is now—I said "Is there anybody in the house?"
—Evans said "No"—an escape came and an engine about 4 a.m.—sergeant Wright told me to take Evans to the station, which I did but before that I went inside the house, and in the kitchen, which is in the rear on the ground floor, I saw that there had been a tire in the cupboard, which was burnt almost through, but it bad been extinguished then—there was a very bright fire in the grate, which was on the opposite side to the cupboard, and had no connection with it—the bed in the firstfloor front room was very much burnt, and a table under the mantelshelf close to the fireplace was burnt almost to pieces—there was no connection between the lire downstairs and the fire upstairs.
Cross-examined. There was a pipe laid on its side on the marble mantelshef which appeared to have been put down, partly smoked; some of the ash was on the shelf—the table was partly pushed under the mantelshelf—there was no fire in the grate—there was a canvas screen over it which was charred by the burning of the table.
By the COURT. There was no mark on the marble where the ash was and no smoke as if anything had been burning there—Inspector Thresher was on duty at the station, and I saw Inspector Foster shortly afterwards.
WILLIAM WELLS . I am a fireman of the Metropolitan Fire Brigade stationed in Lamb's Road, Shadwell—on 21st September, at 2.41, I received a call, and proceeded with the Fire Brigade to 194, 8t. George's Street—I found smoke issuing from all the windows, and pushed the escape against the house—I asked Evans, who was standing in Pell Street, it there was any other person in the house—he said "No" I said "Are you sure?"—he said "Yes; me and this woman," pointing to Holman, "Were the only person? in the house"—I tried to get in at the door, but could not—there is only one door, and that is in George Street—I got in by a ladder at the landing window in Pell Street, and saw that the place was well alight—I called out to the bystanders to pass up some buckets of water, which they did, and I threw about a dozen of them on the fire in the kitchen, and had partly got it out when the engine arrived—it was in the kitchen cupboard, and it had burnt through the partition—I smelt paraffin or benzoline—there was a large fire burning in the fireplace, but there was no connection between that and the fire in the cupboard; they were eight or ten feet apart—I went into the firstfloor front bedroom and saw another fire—the bed, a table with some papers on it, and the fireplace screen were on fire—there was no fire in the fireplace—some water was brought and I extinguished it—I found this rope tied to the balusters and hanging from the window—a clothes line hung from a nail across the kitchen, and the part nearest the fireplace was charred and hanging down—it had hung across a table which was between the cupboard and the fireplace—one part was burnt altogether—there was a tablecloth on the table, which was not burnt—beneath the burning cupboard there was a doorway leading to the basement—the nail was about six feet from the fireplace—the cupboard and the door were burnt.
Cross-examined. The clothes-line crossed the kitchen; it was burnt at the cupboard end—it tell down at the fireplace at the other end, and there is about six feet now on the wall nearest the fireplace—the piece
which was charred was by the fireplace—it is charred where it broke off from the cupboard.
By the COURT. The cord was absolutely gone near the cupboard—about six feet is left out of the original 10 or 12 feet which hung from nail to nail—there was no trace of the other half—when it fell down flaming the fire would naturally run up the rope, which would be charred—there were traces of charring all up the rope; not charring at one end and then a clean piece of rope—you have to go into the kitchen to get to the cupboard—the bed and table did not join, but the corner of the bed, which was alight, was about four feet from the table—the head of the bed was not alight—I saw no trace of fire on the floor.
WILLIAM CHALKLEY . I am an engineer in charge of the Metropolitan Fire Brigade Station, Commercial Road East—on 21st September a constable called me to Pell Street with an engine and men, and on arriving I saw Wells at the first-floor window—he called for a handpump—I handed him up buckets, and got in at a window, went down to the street door, and found it looked inside and bolted at the top—Evans was brought to me in the front room, ground floor, and I said "Can you account for the two separate fires?"—he said that he could not, and I also asked Holman, who said she did not know anything about it, that she went to bed upstairs, and was awoke by a sense of suffocation, and called the man—Evans said "I went to bed; I was reading a newspaper for some time, and fell asleep, and woke up by the smoke, and jumped up at if I was suffocated, and called to the woman, and hunted and found the rope, which I had had in the house five years, with which I assisted in getting her down into the street—a police sergeant was called in—he was shown the two distinct fires, and took the prisoners away—I saw a candlestick near the bed in the first-floor front room—there was no candle in it; it was burnt, and one corner of the bed had been burnt, and a table which was before the fireplace, which was blocked up by a canvas screen, and the table was very much burnt—it was two or three feet from the end of the bed, which was burnt—the floor between was not charred—there was nothing to show any connection between the fire which burnt the table and that which burnt part of the bedclothes—I think there had been a cover on the table—the bed appeared to have been slept in—there was, I think, no. carpet in the room—none of the other bedrooms appeared to have been occupied that night—I asked Evans what the cupboard it the bottom of the stairs had contained—he said "Old bills and papers"—the dresser adjoining it was slightly damaged by fire; the end nearest the cupboard was scorched—a bed cover which was lying in a heap on the floor between the table and the cupboard was burnt in two or three little holes, as if fire had fallen on it—it might have got kicked about—it was saturated with water.
Cross-examined. The top of the bed was about the same height as the table, and supposing the fire in that room to have originated on the table or mantelshelf a flame might very well have licked across from one to the other—it was about two or three feet, more or less—I said before the fire in the first-floor front room may have been one fire—a small towel had been hanging on the rope, which was partially burnt; that was all I saw on the floor; none were left on the rope—the cupboard which was burnt was two or three feet square—nearly the whole of it was destroyed—it was
built over the entrance to the basement—Evans speaks with a foreign accent—I had a difficulty in understanding him.
Re-examined. I have not the least doubt that he said he had had the rope five years—he said that in plain English—it was the foot of the bed which was burnt—Mr. Campbell, the superintendent of the Fire Brigade, was there.
FRANCIS WRIGHT (Police Sergeant). On 21st September I was on duty at the fire—I saw two distinct fires in the house, and asked Evans if he could account for it—he said "I am unable to account for this"—I asked Holman, and she said "I know nothing about them"—I said "This is very suspicious; I shall require you both to go to the station"—they made no reply—I called Harris, and said to him in the prisoners' presence "There have been two fires, and Evans and Holman will be required to go to the station"—Mr. Campbell and Mr. Chalkley were both there, and said that it was suspicious, and something ought to be done in the matter—I went to the station and saw Inspector Thresher—Foster was not there then.
By the COURT. I told the prisoners that I should take them in custody—my deposition was read over to me before I signed it. (This stated: "I told them I should take them in custody.") I do not remember saying that I should take them in custody; in fact I did not tell them so; that was corrected on the remand—I was recalled, and said "What I have said to-day I then said; I said nothing about charging them."
RICHARD THRESHER (Police Inspector H). On September 21st I was on duty at Leman Street Station—the prisoners came in with two constables—I asked Harris what it was in the prisoners' presence—he said it was in connection with a fire in St. George's Street—Sergeant Wright came in in a few minutes and said "There was a fire in St. George's Street, in two places, which it was impossible could have communicated with each other, and the beet thing he could do was to bring the prisoners in"—they were brought in; no charge had then been entered against them—Sergeant Foster then came in and said to me "What have you done in the matter?"—I said "Simply nothing"—he said "I am pleased with that," or "That is all right; it is a case which requires very careful inquiries; I do not know whether it will be a charge or not, I shall have to question them to hear if they can give any account of the matter"—he then separated them and put questions to each of them, and after they had been answered they were charged with setting fire to the premises.
Cross-examined. I was examined at the police-court on the 28th September—no doubt Inspector Foster had been called before me, and Wright and the other constable, but I was not there on the first occasion—I did not hear that there had been a cross-examination about the numerous questions which had been put to the prisoners; the only thing Mr. Foster said was "I think I shall require you on the remand," and I was questioned by the Solicitor to the Treasury—the prisoners were in custody before Foster came to this extent, that if they had wanted to go away I should not have allowed them to go out of the yard.
WILLIAM FOSTER (Police Inspector). On 21st September, about 4 a.m., I received information of the fire and went there—I afterwards went to the station and saw the prisoners there—I said to Inspector Thresher "What have you done in this matter?"—he said "Nothing"—I said
"It is a matter which will require a very careful investigation," and I said to the prisoners "How do you account for the fire?"—they said that they could not account for it—I cannot say that both of them answered—I then sent Evans out of the room into the cell passage.
By the COURT. I did not know that they had been brought there in custody; I did not inquire, I supposed they were brought there to give information—I am senior inspector—I was patrolling, and as I passed the station I was told there was a fire in Pell Street—Inspector Thresher said that the fire was all out, and that it had been put out with three or four buckets of water—I walked in another direction and saw two or three policeman, and said "What is the matter?"—they said "There has been a fire, and Sergeant Wright and Harris have gone to the station with a man and woman"—I then said to Thresher "What have you done in the matter?"—when I asked the question I was not aware who the guilty party was. MR. GRAIN objected to the conversation, and it was not given in evidence.
Re-examined. Evans was searched in my presence, and a pocket-book was found on him containing a receipt for the insurance premium in the Phoenix Office, several memorandums, a master mariner's certificate in the name of W. Ring, a gold watch and chain, 17l. in gold, 1s. 6d. in silver, and 4 1/2 d.—the female searcher handed me some small silver and two small life insurance books.
JOHN JAMES . I am a car-boy and work for my stepfather, Mr. Tick—on September 14, about 5.30 a.m., I went with a horse and van to the prisoner's house—I saw both the prisoners, and three clothes chests and four bags were placed on the van—I could tell by the weight they were full—Evans helped me, and Holman went in the van to 26, Wheller Street; she told me where to go; that is a second-hand shop; she knocked, and a woman named Lester opened the door, and I took the things in—I did not go back to Evans after that because Holman told me he would be out, but I went next morning and he paid me—when we first started Holman told me to go to Aldgate Station; she said we were going to a porter's house who works there, but when we got there she told me to turn up Wheeler Street.
Cross-examined. They were sailors' chests and bags—I knew Evans, but did not know her—he has sailors lodging at his house, and I have often taken sailors' chests and bags there—I used to go early, according to the time the ships started.
By the COURT. I did not see any sailors who claimed the chests.
MARY LESTER . I keep a second-hand clothes shop, at 26, Wheeler Street, Spitalfields—I know the prisoners—on September 12th Holman sent me a letter, which I destroyed—it only asked me to come for some left-off sailors' clothes—I went next day and bought them—there were trousers, waistcoats, old boots, and old shirts—they were down in a cellar—I gave her 1l. for them—they were in three baskets pretty well full, and I think one bag—Holman came with them—I had never bought anything of the prisoners before.
Cross-examined. I always buy as cheap as I can—I did not get any bargain, they were such a lot of dirty rubbish; they were all sailors' things.
and a chest of carpenter's tools for 3l.—I took them away from his premises—he owed me 2l. 1s., and I paid him 19s.
CLEMENT HUTT . I am a clerk in the Phoenix Fire Office—Evans was insured there for 300l. on his furniture, stock in trade, and utensils—the policy was taken out on August 21st, 1880, and the last premium paid was September 30th, 1882.
Cross-examined. We have agents at the East End, but this came direct to our office—we went and looked at the premises, and were satisfied that there was no over-insurance; 250l. was on the furniture.
WILLIAM HILL TIDDERMAN . I am one of the firm of Toplis and Harding, of St. Paul's Churchyard—on 27th September I surveyed the stock and effects at 194, St. George's Street, East, and valued them at 45l. 6s.—that is a fair valuation, the things might have cost about 70l. when new.
Cross-examined. I went over them item by item, and took this inventory—there were twelve stump bedsteads at 7s. 11d. each—this (produced) is the bill of them, which was found on the premises, giving the price.
Evans in his defence, through an interpreter, stated that he went to bed leaving everything safe and the gas out; that he had had the rope for five years, which was given him by a ship's steward; that he was reading a newspaper in bed, but was perfectly innocent of setting fire to the house.
Holman in her defence stated that she had been living with Evans nearly eleven months; that he had very little furniture when she went there, and that he had been selling old clothes and sailors chests; that there were two hook in the wall outside, which he said were to hang the rope on in case of fire, and that they were there in his wife's time, and that she found the rope under her bed; that when she escaped her hands were very much burnt, and her legs bruised, and that Evans threw his waistcoat out of the window for her to jump on to.
EVANS— Seven Years' Penal Servitude. HOLMAN— Five Years' Penal Servitude.
THIRD COURT.—Thursday, October 18th, 1883.
Before Mr. Recorder.
936. COATES FENNEL (70) and EDWIN KNIGHT were again indicted (See page 695), with JOHN LANE (30) and DAVID CRANE (38) for stealing 4cwt. 2qrs. 201b. of rope, the goods of John Wright and another, the masters of Lane and Crane. Second Count, receiving.
MR. MONTAGU WILLIAMS Prosecuted; MESSRS. WILLIS, Q.C., and MR. HILBURY defended Fennell, MR. AUSTIN METCALFE defended Crane, and MR. BURNIE defended Knight.
GEORGE READ (Thames Police Inspector). In consequence of information I received, on May 4 I went in search of rope on Fennell's premises from 2nd June to 6th—I found several coils of rope which were identified by Mr. Laidlaw as having been stolen from Mr. Wright's premises at Millwall—I took possession of them—I had the conversation that I gave in the last ease—on 6th June Fennell came to Garford Street, and I pointed out to him the rope that had been stolen, and asked him if he wished to refer to his books and papers to account for it in any way: he said he did not wish to refer to any of his books, and he said "I cannot account
for everything"—I said "Very well," and I took them all away and produce them here to-day—I got no subsequent information from him.
FRANK HARDING . I am gatekeeper to Messrs. Wright at Mill wall—Line and Crane have been in the employment of Messrs. Wright, Crane is a carman, and Lane as a warehouseman—when the warehouse is fastened up the keys are hung on a nail by the gate—on Saturday, 2nd June the premises were locked at about half past 12 in the day and the keys of the warehouse hung up—I saw Lane about a quarter to I fetch the key of the warehouse; he went away with it, and brought it back about 10 minutes afterwards—Crane came in with one of Messrs. Wright's carts—t did not see him put anything into the cart—Lane did tot tell me why he wanted the key—I did not hear whether anything was dropped into the cart—Crane and Lane both went away with it.
Cross-examined by Lane. You did not ask me whether you might have the key to put two coils of rope into the warehouse.
Cross-examined by MR. METCALFE. Crane had to go off to Greenwich with the cart that day—I am the gatekeeper—I did not see the cart go out. I only saw it was gone.
Re-examined. Crane and Lane were the last people I saw with the cart.
HENRY LAIDLAW . I am manager at the works of John and Henry Wright, ropemakers—Crane and Lane were both in their employment, Lane as a labourer in the warehouse, Crane as a carman—on Saturday we close about 1 o'clock in the afternoon—when closed the keys are usually hanging up at the gate—I have seen a quantity of rope at Fennell's premises, in possession of the police, which I believe was manufactured by our firm—I saw some Manilla rope at Arbour Square Police-station—I believe that wan my employers' property—we had tome of that same kind manufactured specially for us—I saw two other pieces of white rope at Fennell's warehouse; it was manufactured at my employers' for a special purpose—I believe there were three other coils of rope there; one is small warp, 3 1/2-inch, that was made specially for our firm, and was new—there was a 5-inch coil, which I identified from its being tied up in a particular way—the 5-inch was in stock last to my knowledge at Christmas—I knew Fennell by sight—Crane baa been in our service 11 years—the value of the Manilla rope was about 30s.—this large coil of tarred hemp 1 identify as Messrs. Wright's property.
Cross-examined by MR. METCALFE. During the years that Crane has been in the service I have never found a single act of dishonesty except this—I made inquiries after the case was brought up; I found nothing else but this that I could bring against him—in the ordinary course of business Crane would go out with his cart in the morning usually, and when he first came in he would have his orders, and where he was to go to—he never knew till the morning where he would have to go as a rule—sometimes, if it was anything special, he would know the night before—I think Crane was using his own cart that day—I can't say whether it was the ordinary cart that he used, Mr. Heibel can tell that.
Cross-examined by MR. WILLS. I did not miss any of the rope from our stock—this is the rope supposed to have been taken on the Saturday afternoon by Lane and Crane—that is all I have been shown at the policestation—that has been made, it might be 12 months from the time I saw it at his place—I don't know the last time I saw it at our place—I have
no entry to say when it was made; we do not make a lot of rope of that kind—I know it by the fineness of the yarn, which is particular—other people do not make it like this; it is special for the Trinity House—it is 30-thread yarn, the finest we spin; we spin it ourselves by our own machines—if it had been Russaian or imported yarn I could not have spoken to it—30 threads go to the 3-inch rope—it is about 12 months since we had the order to make it for the Trinity House—I can speak to this other because it is tied up with some spun yarn, and is made on a patent machine—nobody can make it but ourselves—no one has yarn on it like that; it is jute—we should not have sent it out tied up like that—I do not think that other people send out rope tied up like that—it is only by that that I identify it—taut has been made about 12 months—I did not miss any of it—it was all in one order for a special spinning of yarn about 12 months ago—it was returned from the Trinity House because it was not strong enough—it is all Trinity rope—the tarred came back from the Trinity House without having been opened out—there are 12 cwt.
JOSEPH HEIBEL . I am a clerk in the service of Messrs. Wright—Fennell was not a customer of our firm—I find no record of business done between our firm and Fennell for the lat 12 or H years—on the morning of 2nd June, Lane and Crane had goods to deliver to the Telegraph Construction and Maintenance Company—they should have delivered those and come back by 12.30—they had no orders to deliver a coil of Manills rope such as that found, to anybody.
Cross-examined by MR. METCALFE. Crane is merely a carman; he delivers what is in his cart—the warehouseman would give them to him and tell him where to take them—betakes nothing cut without a delivery note—I don't know whether the harness belonging to this man's cart was under repair on 2nd June; I have not made inquiries—he usually has a van and two horses—he was with a hone and cart on this day; one of the horses was his usual one, I am quite sure—I should know it as a fact if he was using a different home and cart—he was driving on this day what is called the odd horse and cart.
SAMUEL BOND (Detective, Thames Police). On 2nd June I accompanied other officers to 9, Garford Street, Poplar, Fennell's premises—I was outside his door about 2.30, and saw Lane with a coil of new white Manilla rope on his shoulder enter Fennell's premises and throw the coil down on the top of other coils of rope in the shop—I was the only constable in Fennell's place—Lane produced this receipt. (Read: "Telegraph Maintenance Company, June 2, 1883. Received from Messrs. Wright in good condition two coils of rope ratline, 1 cwt. 1 qr. 24 lb.—Signed, S. Oak. Receipt for rope already delivered.") He produced that to Simley, the clerk, who looked at it and said "This won't do for me"—I asked Lane how he came into possession of the coil of rope—he said a man gave it to him off the tail of a cart at the end of the street—he did not mention what street—I asked him who the man was—he said he did not know the man's name nor the name on the cart—he said he was not at work at all; he was out of work—I said I should take him in charge and to the station, and he would be charged with unlawful possession of rope—shortly after I went and searched for the cart, and found it outside a beerhouse in Emmett Street, about 20 yards from Fennell's—"John and Henry Wright, rope makers, Millwall," was on the front and side—no one was in charge of it.
at Garford Street—I found Lane in the custody of Bond, and directed that he should be taken to the police-station—shortly after Crane came into Fennell's shop, 9, Garford Street—he knocked at the door and opened it—l knew him as one of Messrs. Wright's carmen—I asked him what he wanted—he said, "I want to see the governor," and asked if the governor was in—I asked him what he wanted to see the governor for—be said he had come to see the governor to get settled with, for rope which his mate had brought a short time before—I took him inside and liked him where his horses were—he said one was a long way in the country, and the other was in the stable he expected—I then told him his mate was in custody and said, "I shall charge you with being concerned with him in stealing the rope"—he said, "I hope you won't do that, Sir; I have a wife and a large family"—he said the rope was on the tail of a cart, and his mate had taken it away; I won't be certain about the words—I handed him over to another constable, who took him to the station—I went in search of the cart, and found Messrs. Wright's cart standing unattended at the corner of the street, outside a beerhouse about 200 yards from Fennell's—previous to that I had been to the first floor of Fennell's warehouse in Emmett Street and found two coils of hemp rope, two coils of ratline rope, which I had shown to Laidlaw, who identified them as his property—the rope was between a pile of oakum and other goods at the back end of the warehouse.
Cross-examined by MR. METCALFE. I took no note at the time, and am speaking to the best of my recollection—it was on the 2nd June—I opened the door and asked Crane what he wanted—I did not say, "Do you want tour mate?"—he did not tell me where the horse and cart were; I am quite certain of that—I asked him where his horses were.
MR. WILLIAMS withdrew the charge against KNIGHT.
NOT GUILTY .
Lane, in hit defence, stated that he should not have taken it had not Crane told him which bit to take, and said that the foreman of the warehouse had told him to take it.
LANE and CRANE— GUILTY of stealing. — Eighteen Months' Hard Labour each.
FENNELL— GUILTY of receiving. — Seven Years' Penal Servitude.
NOT GUILTY .
MESSRS. POLAND and GORE Prosecuted; MR. SCARLETT Defended.
OTTO STOECKIUS . I live at Lincoln Terrace, Clapham Junction, and am a German—I was formerly a captain in the German merchant service—in June last I was in Germany and saw an advertisement in a paper, and in consequence wrote this letter (produced) to the prisoner—I got this reply—I understand German and am thoroughly acquainted with English—my solicitor translated the letter. (This stated that his salary would be 10 marks a week, and that 1501. in cash was to be deposited with the prisoner at 5 per cent, or in the bank)—subsequently, on the 26th, I came to England—I saw the prisoner on that day—he was living at 2, Margaret Street, Cavendish Square—I ascertained that his business was getting up concerts and balls and trying to sell tickets—I was to act as cashier and
secretary at a salary of 10l. a month and to lodge with him—it was arranged that I was to deposit 150l.; I wanted to do so at the German Bank, and he wanted me to go to the London and County Bunk, which he said he was acquainted with—it was arranged that it should be deposited at the London and County, and on 27th June we went there together—he then told me he would have the money in his own name at the bank; I refused it, and offered to make it in our joint names; that was agreed on, and I deposited the money—this receipt (produced) was given me: "Received of Willie Janaus-check and Otto Stoeckius 150l. to the credit of their deposit account"—the cashier gave it to the prisoner, who kept it and told me he would give it to his solicitor—I did not see it after that—from that date I went into his service and did my duties as cashier—on 30th July, in accordance with our arrangement that after a month I should do so, I prepared this written agreement (produced), containing the terms of my employment—he had said he wanted a month's trial—I gave it to the prisoner—he read it all over in my presence and signed it—(A clause in the agreement stated that he deposited a security of 150l. as a guarantee for money to be collected)—I continued in the service till nearly the end of August, when a young man came about an advertisement of the prisoner's—I said to the prisoner, "I should like to see my deposit note"—he said it was at his solicitor's, Mr. Radcliff's, 8, Adam Street, Strand—he did not arrange to get it for me—at that time we were living together at 38, Gloucester Road, Kegent's Park—I told the prisoner I mils', make some inquiries about my deposit note, and when I went to 8. Adam Street I could not find the solicitor—I went to the German Consul to know what steps to take, and lie sent me to a solicitor, Mr. Goldberg, of Finsbury Circus, and when I came home the prisoner had gone away without his clothes—he gave me no notice that he was leaving, and left no address; I did not know where he had gone to—I received this letter in English of 28th August on the 30th; it is not dated from any place. (This contained the statement, "I have had 140l. of your money, which I owe you")—I went to the bank on the 29th and was shown these three deposit notes—the signature on this first for 150l., "Otto Stoeckius," is not in my writing—I did not authorise the prisoner or any one else to sign it for me, and I had no knowledge that he had done so—I did not write the signatures on these others for 100l. or 10l., nor authorise them to be written—with his letter there was returned to me by the prisoner this deposit note for 10l.—140l. had been taken out of the bank and 10l. left.
Cross-examined. When I came over, I went to 10, Margaret Street, where the prisoner lives, and had an interview with him, and he unfolded the general nature of his business—I did not make any investigations as to what that business was—I went to the German Consul and made some inquiries of the secretary, who said he did not know him, but that he was recommended by the German Ambassador—the prisoner said he was patronised by the Royal Family, and showed me a letter from H.R.H. the Duke of Connaught—I never proposed that I should become his partner in this undertaking—I had the money in my pocket when we went to the bank, and I handed it to the cashier—I was counting it over and the prisoner took it out of my hand and said "It is no use to count money so," and he handed it to the cashier—there was some conversation there in German—the receipt was handed to the prisoner—I did not object to that—I asked the clerk if the money could be withdrawn without
my signature, and he said "No"—I said nothing to the prisoner about my signing his name or he mine if we wanted to withdraw the money—he said "We are bound to be together in the bank to receive the money"—I was not asked that at the police-court—I did not shake his hand on the steps as we came out and say "Now we are partners; I hope we shall have good luck"—eventually I went to Margaret Street and took lodgings with the prisoner—he did not introduce me to Mrs. Maubach, the landlady, as his partner—he paid the bill for himself and me every week—there was to be a ball patronised by Royalty at Willis's Rooms on 9th July, at which some Polonaise dance invented by the prisoner was to be brought out—I knew nothing about its being danced by some young ladies he had engaged—I had to sell the tickets over the counter—I did not sell a single one—the prisoner did not say that he was afraid the ball would not be very successful, and we must withdraw 50l. of the money, and I did not say "You must go down to the bank and do so," nothing of the sort—we moved from Margaret Street to Gloucester Place—I did not suggest it—the prisoner did not say "We are launching out; we must be careful; if we are doing this I must draw another 50l."—I did not say "Very well, you had better do it"—I received my salary of 10l. a month once—after we had been to the bank—I was not introduced by him to Mr. Matthews, the prisoner's printer, as his partner—if he swears that it is not true—I made arrangements for my wife and family to come over to me at the beginning of August—I did not say to the prisoner that my wife would not like my having invested the money in the business, and that we had better have some arrangement to satisfy her that I was merely a servant—I did not make inquiries at the bank before signing the agreement, in which it is stated that the 150l. was safe at the bank, because I thought that money was always safe at the bank—I trusted the prisoner—the signature on the back of this document is not very much like mine; it is like, but not very much—I had signed my name at the back.
Re-examined. We were living together; there was no difficulty about his seeing me if he wished to—there is no pretence for saying that I was a partner—I never received a farthing for my 10l.—when going from Margaret Street to Gloucester Place the agreement was that he was to provide me with lodgings.
BRUCE HILL . I am a clerk in the London and County Bank, Lombard Street—on 27th June the prisoner and Stoeckius came to the bank together—they said they wished to open a deposit account—I handed them a credit slip; the prisoner filled it up in his own name—Stoeckius evidently objected to this; he spoke in a foreign tongue, and the result was Stoeckius put his own name on the credit slip as well—I wrote out the receipt in both their names, the prisoner's first and Stoeckius's second, and put it on the counter in front of the prisoner, who took it—I have no recollection of any question being asked, nor of who handed me the money; I know I had it.
Cross-examined. I was not examined at the police-court—the prisoner was counting the money, and the notes were strewn all over the counter, and a gentleman in the office said "You are evidently not used to counting paper money"—I can't remember a note being dropped; they were strewn about—there were none missing when I took them—I cannot say who produced the money at the bank.
GEORGE CULL . I am a clerk in the London and County Bank—on 7th July this deposit note was brought by the prisoner; he said he wished to take 50l. out and leave 100l.—I gave him 60l.—he brought the receipt ready signed on the back—I gave him another separate deposit note for the 100l.; that is the practice—on 30th July this 100l. deposit cote was brought by the prisoner with the names signed on the back—he took out 50l. more, and I gave him a new deposit note for the remaining 50l.—if the deposit is in two names the bank never parts with the money except on the signature of both.
GEORGE FREDERICK WELLS . I am a clerk in the London and County Bank—on 22nd August the prisoner brought this deposit receipt for 50l. to me already signed—he drew out 40l., which I paid, and gave him a fresh deposit receipt for the 10l.—I should not hare paid the money unless the two signatures had been on the receipt.
EDWARD HANCOCK (Detective Sergeant, City Police). On 11th September I went to 29, Wells Street, Hackney, and saw the prisoner there—I said "You know me?"—he said "Yes"—I said "I hold a warrant for your arrest," and I read it to him—it charged him with forging acceptance for 150l.—he said "I don't understand, will you explain it to me?"—I said "You are charged with receiving, by means of a forgery, money the property of Captain Stoeckius, your secretary"—he said "Not my secretary, he was in my company which I got up for entertainments and balls; I was short of money, and he found some, you see I have not run away"—I took him to the police-station, the charge was read over to him, he made no reply.
Cross-examined. My warrant was for forging acceptances for 150l.—I searched him, and took away from him a pocket-book—I found on him a letter from Colonel Ponsonby, acknowledging the receipt of verses on the marriage of the Duke of Albany, and one of 23rd May from the secretary to the Duke of Connaught, enclosing two guineas for concert tickets, and giving his patronage to the concert—one of 10th June, 1882, from Colonel Ponsonby, on behalf of Her Majesty, thanking him for enclosed verses.
Witnesses for the Defence.
EDWIN MATTHEWS . I am a printer, of 20, Charles Square, Hoxton—the prisoner for four or five years has employed me as his printer for tickets, bills, and programmes for balls and concerts—there would have been 2,000 or 3,000 tickets for concerts, 200 or 300 for balls, and 200 or 800 programmes—in June this year the prisoner came with Mr. Stoeckius and said "This gentleman is the gentleman who I told you was going to be my partner, and he will in future pay all accounts and give all orders"—Stoeckius always came in respect of this business and gave orders and paid cash—on the same occasion he gave an order for printing for a ball at Willis's Rooms; when they were done they were countermanded, and a fresh lot done for the Town Hall, Shoreditch—they were delivered to Stoeckius at my premises—after the first ball at Willis's Rooms I asked him how they got on, and whether the balls at Willis's Booms were a success—he said it was not a very great success, he was afraid not—I said "Were there many people there?"—he said "Yes"—I said "Did you pay the expenses?"—he said "No, but it is the wrong season of the year; it may do a little later"—Stoeckins took the control over the business as far as I was concerned; he took the orders and paid—if anything
was wrong in the programmes sent oat he would correct it in my presence.
Cross-examined. I first saw him at the end of June—I did not always lend my accounts to the prisoner—I have not got my book here with the booked orders—I did not book these accounts, it was all a cash trade—I always had cash when the orders were completed—I sometimes tend in bills, but not in these cases—Stoeckius has called for goods and paid—I put no name to the bills—Stoeckius called asking if the printing was finished—I gave him what was done; I told him what the price was, and he paid for it—I gave him a receipt but no name, as I did not know his name—I knew the prisoner's name—the prisoner owes me 2l. now, I think, for the concert of which the Duke of Connaught was the patroniser—from the time Stoeckius came I always wanted my cash in advance, to make sure of getting my money.
Re-examined. I have had no notice to produce any books.
---- MAUBACH. I live at 2, Margaret Street, Cavendish Square, and let apartments there; the prisoner lodged there—in June, 1883, he brought Mr. Stoeckius to me in a cab with luggage—he did not introduce him to me in any way, but said before became that a partner would join him—the prisoner paid the bills for the two months—he said when Mr. Stoeckius came that I should make out the account to the company, and the prisoner paid me—the prisoner always represented Mr. Stueckius as his partner, not in his presence.
ROBERT TAYLOR . I live at 29, Wells Street, Hackney, and am a commission agent—I have known the prisoner for about two years—he lived with us for about nine months, and left about Christmas, and came back about six weeks ago—he was very well behaved, and we were very sorry when he left and very pleased when he came back—we always found him a respectable and well-conducted man—I have heard nothing against his character at all.
Cross-examined. I did not know till Hancock told me that he had been convicted before—I never heard that he had been convicted at the Middlesex Sessions on 20th December, 1877, of attempting to obtain 50l. by false pretences, and sentenced to six months' imprisonment—I did not know him in December, 1877—I do not know if there is anybody here who did—I can only speak to last year.
Witness in Reply.
WILLIAM CRANE (Detective Sergeant X). I arrested the prisoner on 7th December, 1877, on a charge of attempted fraud—he was convicted at Middlesex Sessions on 20th December, 1877, and had six months' imprisonment; this is a certificate of the conviction (produced)—at that time he was a person of very bad character; I have known him for about eight) years—this is a certificate of the conviction (produced)—he was then in the name of Janauscheck Williams.
Cross-examined. I have identified some hundreds of people in Courts of Justice for 16 or 17 years—I have not once made a mistake.
Re-examined. When I took him in 1877 I took his photograph—I know him and his wife, who was a governess, in the name of Williams—I have not the smallest doubt the prisoner is the man who was so convicted.
GUILTY .— Eighteen Months' Hard Labour.
FOURTH COURT.—Thursday, October 18th, 1883.
Before Mr. Common Serjeant.
939. FRANK WELLS (20) PLEADED GUILTY to fraudulently signing a declaration us a witness in respect of a claim to vote as a lodger for the Parliamentary Borough of Marylebone in the name of Christopher Jones, and to two other like charges in the names of William Andrews and William Kirk.— Fined 20l.
MR. W.M. BAYLIS Prosecuted; MR. SLADE BUTLER Defended.
JOEL ISAACS . I live at 37, Caledonian Road, Islington—I went to bed at about 10 p.m. on 9th October, having seen my doors and windows fastened—some time after 12 o'clock I was called by a policeman—I went down and found the shop window broken about 9 inches each way—this bolder was shown to me, which I recognised as mine—it is worth about 5s.—it was in my window the night before with some more, but they could not take any more out.
FRANK GULLIVER (Policeman 468). I was in the Caledonian Road about 12.10 a.m. on 10th October, and saw the prisoner hanging about outside Mr. lsaacs's shop—I examined the shop window and found it broken, and 10 of these sticks were placed on the doorstep—I called Mr. Isaacs up, and gave them to him—the prisoner walked off as soon as he saw me—I hid myself in a doorway on the other side of the road—the prisoner came back about 2.30, and walked several times backwards and forwards by the window, and looked on the doorstep to see if this solder was gone—he tried the door, and put his left hand through the window and took four more of these sticks and walked away with them—I went across the road to arrest him—he saw me, and threw them down and went away—I caught him without losing sight of him—I took him to the station—nobody was about—I am sure he is the man I saw there first—I went back and found the four sticks, and called the prosecutor.
Cross-examined. He was banging about No. 27, I did not say 37—I am positive it was 27—it was just above Caledonian Street—there is a public-house on each side of it—they do not close until 12.30—one is about 20 yards, and the other is about 40 yards off—I did not see the prisoner do anything to the window at 12.10—I cannot say whether he was looking at me ail the time I was looking at him—I heard no falling of glass—there were others about; there were persons coming out of the public-houses—I stood in the doorway from 12.10 till 2.30, the whole time by myself—I did not go to sleep—he threw the sticks across the road—I am well acquainted with the district—a good many foreigners live at Eyre Street Hill.
Re-examined. He was loitering about for ten minutes when I first saw him.
Witnesses for the Defence.
MARIO ANGOSTINELLI (Interpreted). I am a provision dealer at 18, Eyre Street Hill—I have known the prisoner for about fifteen months, during which he has borne a good character—he occupies a room in my house, and also a man named Alphonso Cossa—I was with the prisoner in my house on 9th October from 11 o'clock till 1.45—I remember this
particular night because I have a lodger named Mellor, and lie was out, and his wife was crying—the prisoner went out to look for him at 1.45, and returned in a few minutes with him and Cosaa—I went to bed at once—at about 2 o'clock I heard some one leave the prisoner's room and go out iii the street—I heard on the same day that the prisoner was in custody.
Cross-examined. The prisoner was out about ten minutes looking for Mellor—I don't know how far my house is from the Caledonian Road. [Gulliver here stated that it was about ten minute' walk.' It was 2.15 when lie went out.
by the COURT. There are three beds in the prisoner's room occupied by Cossa and two brothers—the prisoner has no sitting-room—after the prisoner fetched Mellor he remained in the house about rive minutes.
ALPHONSO COSSA (Interpreted). I live at the house in question with the prisoner—I was with him on 9th October; at about 1.15 or 1.30 he took off his coat and waistcoat as if he were going to bed—he then said "I want to go downstairs to make water, I cannot sleep"—that was about 1.45—he had not gone out before that.
Cross-examined. I undressed myself and went to sleep at once—I know the time he went down because I noticed my watch as I went to bed—it might be five or six minutes after, that he went down.
F. ANGOSTINELLI (Interpreted). I live with my husband at 18, Eyre Street Hill—the prisoner has lived there about sixteen mouths, during which time he has always borne a good character—he had his supper with me on Tuesday night, 9th October, at 11 o'clock—I was in his company until 1.45—he went into the street talking to my husband.
Cross-examined. He was in my sight from 11 till 1.45—he then came in the room and began to undress, and then we heard a woman cry, who wait in a room below—I came out of my room and asked her what was the matter—the prisoner was in his room—I saw he had begun to undress because he came out—I said "It is not business that concerns you"—I saw him up till 1.50, and heard him speaking once or twice after that—he was about half au hour at his supper—he went in and out of our place, but I kept my eye on him all the time—he always stays in alter supper—ho went in and out of the house.
Re-examined. I heard that he was in custody next day.
The prisoner received a good character.
GUILTY of stealing four sticks of solder only.— Two Months' Hard Labour.
MESSERS. POLAND and GOODRICH Prosecuted; MESSRS. MONTAGU WILLIAMS and PURCLLL appeared for Howard; MR. SLADB BUTLER for May.
WILLIAM HUTT (city Detective). On Saturday, 29th September, I was in Mincing Lane, about 8.30 a.m., observing the premises of Messrs. Carey and Browne, coffee brokers, of Nos. 36 and 37—at 8.40 I saw one of Mr. Donaldson's vans drive down Mincing Lane and stop at Carey and Browne's—I saw the carman, Walton, go into their doorway; he
shortly afterwards came out with a bag on his back, which he put in the van and then returned to the office and brought out a second, which he put in the van and drove away—I saw through the window that May was in the sample-room on the ground floor—I followed the van and felt one of the bags, which I could feel wan coffee—I marked them while the van was going along—it stopped at 70, Lower Thames Street, where the carman took the two bags into the house, which is let out as as offices—Howard has an office on the third floor, which I knew—I afterwards communicated with Messrs. Carey and Browne, and received instructions, in consequence of which I went to Lower Thames Street—Howard was not there—I left a constable there to watch the premises and went to Garland's public house, Leadenhall Street, where I saw Howard—I followed him out for about 30 yards, towards the Bank, when I said "Howard, I want to speak to you"—he said "All right, Mr. Hutt, what is it?"—we knew each other—I said "I am going to take you into custody for receiving two bags of coffee this morning"—I did not say "knowing they were stolen"—he said "I know nothing about it; I have had no coffee"—I said "You will have to make some one else believe that, because I saw it delivered at your place this morning"—he said "I have not had a bit of stuff since I have been out, only from the warehouses and docks"—I took him to Seething Lane Station, where I asked him for the key of his office—he said "I have not got it, my brother has it"—I said "Where shall I find your brother?"—he said "I don't know"—I then went to 70, Lower Thames Street, and saw the housekeeper, Mrs. Wood, and got the key—I had not actually seen the bags delivered on the third floor—I went up to the office on the third floor—the prisoner trades in the name of Gregory and Nephew—in the office I found the two bags which I had marked in the morning—I then had them taken to the police-station, locked the door, and came away—each bag weighs 1 cwt.—I marked them with ink—I went back to Messrs. Carey and Browne, in whose presence I saw May—Mr. Browne said to May "These two men," meaning Halse and myself, "say there were two bags of coffee that went from here this morning"—he did not answer—I said "Do you mean to say you do not know Howard?"—he said "No"—I said "I saw two bags go out of your employers' premises at 8.40"—he replied "There was nothing that went out of here"—May was head porter there—Mr. Carey said "John, do you mean to say there were not two bags that went from here"—he said "Well, yes, there were, Sir; they were sweepings"—Mr. Carey said "You know you have no right to dispose of that, as that is our property"—he said "We cleaned it and sent it away"—May said to another man, Ray, who was charged at the police-court, and said he knew nothing of it, "I have made a clean breast of it"—Mr. Browne then gave them in custody, and they were taken to the station—May and Ray were charged with stealing, and Howard with receiving—I searched Howard and found a gold watch, which he was wearing, and two deposit notes in the Monarch Building Society; one was dated 1st May, 1883, for 15l., and the other 20th July, 1883, for 172l. 14s.—I searched 70, Lower Thames Street with Halse, and found a quantity of coffee, cocoa, indigo, gutta-percha, and miscellaneous articles—some of the coffee was in bags and some loose on the floor.
Cross-examined by MR. BUTLER. It was a one horse van—the carman
took the bags out, but May was in the room—I did not see May touch either of the bags—Ray was outside, not helping the carman in any way—I followed the van all the way—the carman saw me on the way towards Thames Street—the bags were taken out of Messrs, Carey and Browne's premises just as they are now, without any attempt to cover them up—it would be about 500 or 600 yards to Lower Thames Street—Halse knew nothing of it but what I told him—I took no note whatever of the conversation that took place, but trusted entirely to my memory—I have never taken notes of conversation since I have been in the force—the conversation took place about 2 o'clock—I said at the police-court 4 o'clock, but I corrected that at the next examination when Mr. Poland asked me the question—it was after Mr. Browne had been examined, but on a different day—Ray was not present when the first part of the conversation took place with May.
Re-examined, I am sure I have given the conversation correctly.
Cross-examined by MR. WILLIAMS. The coffee was removed quite openly.
WILLIAM DONALDSON . I am a master carman of French Ordinary Court, Crotched Friars—on 28th September, about 6 p.m., Howard came to me and said "Have a van at Carey and Browne's, 36, Mincing Lane, at 8.30 to morrow morning, to remove two bags of coffee from there to my place of business, 70, Lower Thames Street," which I did—I had received instructions from Howard on several previous occasions—this is my order book (produced).—a rough memorandum is made for the time being and booked the next morning—on 9th May I received instructions from Howard to remove two bags from Messrs. Carey and Browne's to his place of business in Lower Thames Street, also on 22nd May the same order, and 12th June, 29th Jane, 19th July, 31st July, 16th August, 24th August, and 17th and 28th, September—the same order was given in every case by Howard.
Gross examined by MR. WILLIAMS. I have been a master carman about two years, and was 20 years foreman carman—I had no suspicion of dishonest transactions—the order was for 8 30 each morning.
GEORGE WALTON . I live at 35, Bole Street, Stepney, and am a carman to the last witness—from instructions received I took a one-horse van to 36, Hinting Lane on 29th September, at about 8.40 a.m.—I went into the saleroom on the ground floor, where I saw May—I gave him the order and told him I had come for two bags of coffee—he said "Yes, carman, here they are," and he helped me to put them on a bench to get them out—I drove—them to 70, Lower Thames Street, Howard's office, where I saw the housekeeper, Mrs. Wood, by whose directions I carried them to the third floor—I had collected coffee in this way three times before, but I cannot give you the dates—I saw May on each occasion, and he gave me the coffee, which, I took to 70, Lower Thames Street.
Cross-examined by MR. BUTLER. May only helped me to lift them up on my shoulder, but not to carry them out—I did it myself.
THOMAS HOWLING . I live at 7, Montefiore Buildings, Jewry Street—I am a carman to Mr. Donaldson, and have frequently collected coffee from Messrs. Carey and Browne's between 8.30 and 8.40 a.m.—I have seen May on each occasion—I sometimes took the coffee to 70, Lower Thames Street, and on some occasions to Mr. Donaldson—at 70, Lower Thames Street I
saw the housekeeper, and on another occasion I did not see anybody—I went there about three times—I have collected coffee in all live times.
MARY WOOD . I am housekeeper at 70, Lower Thames Street, and was there when Walton brought two bags of coffee, which he took upstairs—Howard had given me no instructions as to the receipt of bags—it is the role out of business hours to take everything in that comes—I have done it on one or two occasions.
Cross-examined by MR. WILLIAMS. There are other tenants besides Howard in the building—I have generally orders to take in anything that domes for either Howard or any of the others.
FRANCIS AUGUSTINE BROWN . I am one of the firm of Carey and Browne, general brokers, of 36, Mincing Lane—on 29th September, Hutt and Halse came to my office and made a communication to me—we knew May as John—I called him in, and said "John, what is this about two bags of coffee?"—he said "I know nothing about two bags of coffee"—Hutt said "What, you do not know Howard? I have seen you drinking with him scores of times"—he made no answer—Mr. Carey then said "John, is there any truth about these two bags or not?" or words to that effect—John hesitated a few minutes, and then said "Well, sir, I will tell you the truth; two bags did go out this morning; me and Ray did it"—Mr. Carey said to him "You know they were not your property; what right had they to go?"—I cannot say the exact words, but something like that—he said nothing that I recollect—Ray was then called up—May said in his presence "You may as well make a clean breast of it as I have"—that is the whole of the conversation—they were taken to the station, and I charged them, and examined these bags of coffee—I cannot identify either the coffee or the bags—I should say they are not sweepings—it is perfectly clean and whole—there might be a certain amount of sweepings in them, because they said they had cleaned the sweepings—it is not the custom for the porters to take the sweepings, and May was perfectly aware of that—we have sever allowed our servants to do so at any time—I estimate the value of this coffee at 70s. per cwt., duty paid—I have ascertained that if the sweepings were collected they would amount to about 301b. a week.
Cross-examined by MR. WILLIAMS. May has been in oar service 33 years—I have given the conversation to the best of my" remembrance—he said in course of conversation "They are sweepings from the floor which I have cleaned"—that appears in my deposition—in cross-examination I said "In a business like ours the amount of sweepings would be large; I think this might be sweepings."
Cross-examined by MR. BUTLER. During the 33 years May has been with me his character for honesty has been good—I said before the Magistrate "I think very probably in other brokers' offices the porters may appropriate the sweepings"—I also said "May has emoluments arising from sales; be receives 6d. for a set of samples, which is given to the head porter"—May was the head porter—I also said "It is a situation which is always in great request"—I do not know his income, but I should say it was considerably mort than 150l. a year—we only pay him 1l. a week salary.
Re-examined, He largely increased his salary by the perquisite of 6d. on samples, which he had a right to.
Howard—he entered on the premises about September, 1882, and is still in possession—I think he has only one room.
Howard received a good character.
MAY was recommended to mercy by the Jury on account of his long service.— Nine Month' Hard Labour.
HOWARD**— Eighteen Months' Hard Labour, and 25l. costs.
OLD COURT.—Friday, October 19th 1883.
Before Mr. Justice Denman.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. BEARD
EDWARD HERON . I am a fitter, and life at 39, Tufton Street—on 19th September I was a cab-driver—a little after 10 on that morning I was with my cab on the stand facing the Arm j and Navy Hotel in Victoria street—I noticed a pony and cart coming along at a very rapid rate, and I saw a little girl with a little child in her arms crossing the roadway—she passed the centre of the road towards the refuge—I ran and tried to save the children, but before I could get to them the pony and cart had knocked them down—I fancied the pony knocked them down—the prisoner was driving—he pulled up in about seven or eight yards—I went up to him, and called him a d—scamp for causing the accident—he said he would punch my eye out if I interfered—I saw the little girl taken up from the road by some man and taken on to the pavement—the prisoner made use of a lot of abusive language—he wanted to go away after the constable had taken his name, but he was persuaded by some one who was standing there to take the child to the hospital, which he did.
Cross-examined. I said before the Magistrate that he was driving at the rate of 9 or 10 miles an hour—I did not see any boy in the roadway—the prisoner had a difficult matter to pull up; he attempted to do it—I did not hear him shout as he was coming; I am a little deaf.
By the COURT. It was either the pony or the shaft which knocked the child down, I could not say which—the child was looking towards the refuge, straight in front of her.
ALFRED BOXTRICK . I am a hansom cab driver—on this morning I was setting down a fare opposite Struttom Ground—I saw a pony and cornchandler's cart going along at au unusual rate—the prisoner and another lad were in it—I saw a girl with a child in her arms crossing the road towards the refuge—the cart continued on its course, and went right over her—it seemed to me that the near side shaft and the front of the near wheel caught her, and threw her in a slanting position backwards—the child had got a little over half way to the refuge—when the prisoner found that he was en the lop of the child he did all he could to pull up—he went on for about 15 yards—I have been used to horses about twelve years—in my judgment he was driving front 9 to 10 miles an hoar—there was nothing in the road that prevented him from seeing the child—she was picked up and sent to the hospital.
Cross-examined. I did not hear anybody call out from the cart; they might have done so, and other voices might hare drowned it—there were
three children; there was a little boy right at the back of the girl, on the kerb, he had not left the kerb; the girl was hurrying across, looking towards the refuge—I may have said before the Coroner that I should not have appeared against the prisoner but for his abuse—I meant but for his heartlessness—I said before the Magistrate that the pony produced at the inquest was not the same pony, and I believe it now—when I first saw the little girl she was in the road, about two steps from the pavement—I saw her step off the pavement into the road—it was almost instantaneous.
JACOB MINTY (Policeman B 549). On 19th September, about 10.30, I was in Victoria Street, at the top of Strutton Ground, and saw the prisoner driving a pony attached to a light cart towards Victoria Station, at a pace of from eight to ten miles an hour; he was on the near side, about five yards from the kerb; the off wheel went close by the refuge, on his right side—I saw the little girl canning a child in her arms crossing from Strutton Ground towards the refuge; I did not see the boy, I don't think he had left the kerb—I heard the prisoner shout to the girl when he was about 10 or 15 yards from her—he made no attempt to pull up—the girl seemed to come to a standstill about five yards from the kerb, between the kerb and the refuge, and the back part of the near shaft knocked her down, and the wheel was immediately over her; the baby fell from her arms—they were both picked up by another constable and conveyed to Westminster Hospital—the girl was insensible—the prisoner passed on about 10 or 15 yards before he pulled up—I think he pulled up as soon as he could—I told him he was driving very fast—the people abused him, there was very bad language on both sides, and he said to one of the men that he would knock his eye out—he came to the hospital and said he was very sorry for what had occurred—he was perfectly sober—it was done in a moment.
Cross-examined. There was not a largo crowd, there might have been 30 or 40 persons there in a minute—there were a few cabmen—it was the back part of the shaft that struck the girl, the horse's head and shoulders had gone by her before she fell—I did not see the third child—the girl had her back towards the prisoner—she made a stop in the middle of the road, and then turned round, as if looking for the boy on the kerb—she remained in that position two or three seconds, the cart must then have been from 10 to 15 yards from her—if she had remained standing there he would not have gone clear of her, there was not room for him between her and the refuge; there would have been plenty of nom between the kerb and the near side—she was about two yards from the refuge when she stood still—she was standing still when she was knocked down, she had not moved, I am sure of that.
RICHARD SYLVESTER . I am a porter, and live at 32, New Peter Street, Westminster—I was standing at the corner of Strutton Ground, by the fireman's box, near the refuge, talking to three of my mates; I heard some halloaing, turned my head, when two children were knocked down by the front of the wheel on the near side—it caught the girl on her right side—I saw it happen—she was about two yards from the kerb, or a little more—the pony was coming at a rare fast pace—I did not see the driver pull up—I ran and picked the girl up.
Crest-examined. There were two children in the road, the other was just coming off the kerb—the girl was looking at the baby she was carrying
in her loft arm—she was not standing still, she was going across—I had not noticed her till I heard the halloaing, that made me look round.
WILLIAM HENRY GODFREY . I am a fruit salesman—I was coming from Victoria to Westminster; I saw the prisoner in a cart, he was trying to pull up as he came towards me—I heard him and the other young man in the cart halloaing very loudly—I was on the pavement—I saw the little girl with a baby in her arms crossing the road, and there was a little boy about four years olds hanging on behind—she was not looking which way she was going; she walked sideways right up to the wheel, and the wheel knocked her on the shoulder and knocked her down; she fell on the back of her head and the wheel went over her—I pulled the little boy back and put him on the pavement—the prisoner pulled up about three yards after the child was knocked down; I am positive he pulled up as soon as he could—he was going about eight miles an hour.
Cross-examined. I saw him coming before the accident; the road was clear—I think he did all he could to prevent the accident—I heard a lot of bad language used, the people generally were abusing the prisoner—* I told him not to excite himself but to drive the poor girl to the hospital, and he did so immediately—the child seemed to pause to see if the other child was following her; if she had remained with him the cart would have gone on.
By the JURY. I heard the prisoner and his companion shout as they approached the girl; I thought he was attempting to pull up at the time, but I thought the pony was frightened by their halloaing—I know nothing of the parties.
HENRY SOUNDERS (Policeman). I was on duty in Victoria Street when this occurred; I was proceeding towards Victoria Station—I did not see the accident; I saw the children lying on the ground—I placed them in a cab and took them to the hospital, and took the prisoner to the station; he was sober.
JOSHUA WILLIAM NORTON . I am a telegraphic instrument maker, and live at 29, Westminster Terrace—the child Esther Mary Ann Norton was my daughter, and was 11 years old; the baby was a year and eight months, and the boy five.
NOT GUILTY .
NEW COURT.—Friday, October 19th, 1883.
Before Mr. Recorder.
THIRD COURT.—Friday, October 19th, 1883.
Before Air. Common Serjeant.
945. WILLIAM ARTHUK WARWICK (22) PLEADED GUILTY to stealing a cheque for 138l. 18s.; also to seven other indictments for stealing seven other cheques of William Bruce Dick, his master.— Judgment respited.
MESSRS. FULTON and GOODRICH Prosecuted; MESSRS. BESLEY and BURNIE
HENRY JAMES YELDHAM . I am chief cashier at the Army and Navy Stores, Victoria Street—the prisoner was a check clerk in the grocery department from 27th October, 1879, to 2nd July, 1883, when he was taken into custody—the customer wakes out the bill himself in most cases—the duties of a check clerk aw to check the items, and see if they are properly entered on the slip, cast up the bill, enter, the ticket number of the member, the name and the amount of the bill in the check book, stamp the bill with a blue stamp, number it, and pass it through a slit in the partition to the cashier who sits next to him; then the cashier enters the number of the bill, the name of the customer, and the amount of the bill in the cash-hook, and receives the money from the customer, and stamps the bill with a red stamp—if the goods are to be taken away the bill is returned to the member, if the goods are to be sent the bill is filed—at the end of the day the check clerk adds up his book, the cashier does the same, and the two should agree—they compared them with one another at that time—the course of business has been altered since—the check clerk then initials the cashier's book for the amount of his total for the day, the cashier makes up his money and passes it over to me—I compared the totals at that time, and saw that they were signed for by the check clerk in the cash-book—I did not see whether the totals of the two books corresponded; that was done by the accountants next day—I compared the totals in the cashier's book—the next day the accountant compared the two bills—it was his duty to add up the accounts and sec if the totals were correct—one book was the counterpart of the other, and if right there would be no suspicion of anything wrong—the prisoner and each check clerk had a separate stamp—this bill (produced) is 1st July, 1882, 6s., and bears the prisoner's stamp—this on 5th July bears his stamp, and is for 3s. 10th July 6s. 5s., 11th July 9th.—they are all stamped—12th July 4s. 9d. 27th July 5s. 10d., 9th August 5s. 9d., 21st August 16s. 6d.—I know the prisoner's handwriting—this is his checkbook—on 1st July, 1882, at page 111, Book A, is an entry in prisoner's writing, the customer's number and name, 46788, Mrs. Lerroyd, 1s.
(MR. BESLEY stated that in Goldsmith's book the name was spell Lerroyd, while in the it was Learoyd.) On 5th July, page 156, Book C, is an entry in his writing, "Thompson, 1s." No. 30925, the number of the bill 78—the name is spelt Thompson—the name in the bill is spelt without a "p," with an "h"—the number, 30925, is correct in the bill and book—10th July, in prisoner's writing, page 169, Book C, Myers 4s. 5d., No. 50296, No. of bill 98—the bill shows "Myers, 50296, 6s. 5d." instead of 4s. 5d.,—11th July, in prisoner's writing, page 133, Book A, Jones, 47461, No, of bill 71,2s. 3d.—the bill is 47461, Jones 9s.—12th July, in prisoner's writing, page 174, Book 0, No. 48062, No. of bill 73, Stannard with two "n's," 1s. 9d.—in the bill which bears his stamp it is 4s. 94., and the name is spelt with two "n's"—27th July, in prisoner's writing, No. 2949, Hughes 1s. 10d 1—the ticket number appears to have been torn off the bill—the bill number is 102, and the amount 5s. 10d. instead of 1s. 10d.—that is at page 185, Book A—9th August, in prisoner's writing, is ah entry "Sutherland 1s 9d., 24570, bill No. 124"—the corresponding bill is exactly the same, but that the amount is 5s. 9d.—it is the Duke of Sutherland—on 21st August, in the prisoner's writing, is Cutler 1s., No. 35273, No. of bill 85, page 300, C Book; the corresponding bill bearing the prisoner's stamp is the same except that he has entered 1s. instead of 6s. 6d.—Ryon was the cashier who sat next to the prisoner, and through the slit in whose desk the bills had to be passed—Ryon pleaded guilty last session to embezzlement and was sentenced (see p. 556)—I have examined into the books in all these cases—I have examined Ryon's in connection with this charge against the prisoner—I find that the corresponding entries in Ryon's book have the cash entered in exactly the same amount as those I have deposed to as entered by the prisoner; a lesser amount—I have here the books showing Ryon's entries, which the Jury can look at—Ryon is 17—the prisoner is 23, I believe.
Cross-examined. I stated to the best of my belief that the prisoner had been in the service of the Stores only 18 months—he came there in October, 1879, with a strong recommendation from Messrs. Travers and Son, of Cannon Street, wholesale grocers, one of the highest firms in the trade—I don't know he was there 16 months, and left in consequence of a reduction of their staff—I have no reason to doubt that his father is a very respectable man, living at Brixton, and carrying on business—I did not make inquiries—his first wages, in October, 1879, were 15s. a week; about May 1881, he was raised by half-a-crown; about August, 1881, by another half crown; about February, 1882, by another half crown—in August, 1882, by another half crown, so that in August, 1882, he was getting 25s. a week, and these were his wages when the matter was investigated—the cashier sat in the middle of two check clerks at that time—we have altered the system since the discovery of great frauds—there was one check clerk on Ryon's right and one on his left—the prisoner first acted as relief clerk, as cheek clerk merely for an hour or two at a time—that lasted about 18 months, and ceased in February, 1882—that would account for my saying he was there about 18 months—Rvon pleaded guilty to embezzling 5s., Mrs. Learoyd's money, 4s. 4d., Street's amount, and 6s. 9d., Patrick's amount—that was the only charge preferred against him—he had six months' imprisonment—I can't say if he made a statement to the solicitor for the prosecution—when Ryon pleaded guilty he said "I can truly gay that
Goldsmith had none of the money"—the first count with regard to Mrs. Learoyd's bill on 1st July for 5s., is one of the charges for which Ryon was sentenced—the fourth count with regard to entering 2s. 3d. instead of 9s. in Mr. Patrick's account was also a charge of embezzlement, to which Ryon pleaded guilty—the prisoner and Ryon were indicted together on that indictment, at the last Session—that was the only indictment against them—I left the matter entirely in the hands of Mr. Dutton, the solicitor—I don't remember the prisoner being first, placed at No. 4 desk—I believe I had a cashier named Denny—Fraser was a cashier—it is impossible to say where he was, they change so often—there would be a record of it—Ryon left for his holiday at the end of September, 1882—Dawson was cashier in his absence for about a fortnight—Dawson is not in the service of the Stores now—we make no charge against him—the entries made during the time Dawson was cashier have not been checked—we have not searched to see if there were any fictitious entries when the prisoner had an honest cashier—I had a cashier named Burton—I believe he took Ryon's place after the holidays—I believe he was cashier, and the prisoner check clerk, for some months—no charge has been made against Burton—he left the service of the Stores early this year—that was before any charge was made against Ryon or the prisoner—I can't say where he is—I make no imputation on his honesty—it would have been impossible to see whether during the month he was check clerk to Burton every entry was correct; we merely obtained sufficient evidence for the prosecution—we indicted him for eight instances—the prisoner was put in a new 100m in the grocery department, where Mr. Stevens was a cashier—Stevens is still in our service—I presume he is an honest man—the system was altered when they were together—it was altered about Christmas last—a more perfect check was put on the department—you may take it that it was impossible for Stevens to embezzle, but he has been in the service a long time—the cashier is now entirely separated from the check clerk; he is in a different part of the room—the cashiers sit together, and the check clerks sit together—if the cashiers make a mistake in tasting columns, and take too little money from the customer, we make the cashier responsible for the difference—we do not divide it between the cashier and checking clerk—the check clerk is a check on the cashier—if it is the check clerk's mistake, and we do not receive it, he will pay the difference—if he casts it short, and it is a gross error, he is called on to pay—it depends on circumstances what is a gross or what a trivial error—I don't know that I have ever enforced the penalty of making the clerk pay—I don't call to mind that I have ever made a check clerk pay for a gross error in casting—I will not swear that they have not been made to pay—no gratuities are given to the check clerks—gratuities given to the cashiers depend on the accuracy with which they perform their duties—we make them responsible for any little inaccuracies by withdrawing from them their gratuities—I don't know of any maximum punishment of withdrawal of gratuities previous to dismissal—Sims was a cashier for four or five years; he is in the correspondence office of the Stores now—he in an honest man—he was in the department when the prisoner was check clerk—I don't remember them ever having been together—he may have succeeded Stevens at that desk this year—all tie frauds took place last year—there could have been no discrepaucies in the prisoner's checking while Sims was cashier—I have not
gone through Sims's books when the prisoner was his check clerk—Trendall is a cashier still in our employment, and an honest man, I trust—I don't remember his ever being with the prisoner, he as cashier and the prisoner as check clerk—I could not swear, it is so long ago—I have not looked at the books of that time to see if there are any discrepancies—Trendall only joined a few months ago—there is no person in the employment of the Stores who has given evidence against the prisoner except myself—it was the duty of the check clerk to write the amount in the book from the bill—I have had no interviews with Ryon—I don't know from any one that Ryon has purposely sent the prisoner away from the desk for change, and used his stamp in his absence—Ryon has made a statement I believe since he was sentenced, and that it was written down. (MR. BESLEY called for the statement. MR. FULTON said they had had no notice to produce it. MR. BESLEY then proceeded to ask the witness what the statement was, but the COMMON SERJEANT considered the question ought not to be put.) I was present on Monday morning, 7th July, when the prisoner and Ryon were taken upstairs at Victoria Street—Mr. Fielding, the chief accountant, Chamberlain, Sergeant Jupe, and myself were present—three bills were shown to the prisoner in reference to the 4s. 4 1/2 d instead of 6s. 4 1/2 d. of a customer, Mr. Murphy, with regard to Mr. Beard 6s., Mr. Lister 4s. 6d., dated respectively 6th, 28th, and 26th June, 1882—they all three had hisstamp on—I think it was found that Murphy's was not entered in the prisoner's book at all—I will swear he did not say "Ryon has sometimes taken the bills directly from customers and stamped them with my stamp without my knowledge while I am engaged in taking other customers' bills and casting them"—I did not hear anything like it—I paid attention to what was going on—Inspector Chamberlain conducted the conversation in the room when these three bills were produced—I did not hear him say so when Chamberlain asked him "What is your explanation as to that?"—I did hot hear Ryon say "That is true, I have used Goldsmith's stamp," or words to that effect—I paid attention—I did not hear the prisoner make any statement that amounts had been called out to him to enter in a checkbook which had been received by the cashier Ryon, and that he entered from Ryon's dictation and not from the bills—I do not know that Goldsmith's desk had no lock to it—it was made a point before the Magistrate that it bad no lock—I did not call a locksmith to prove that it was untrue, or get a witness to prove it was untrue—all the desks are provided with locks—I heard it asserted a week ago that that was untrue—I will not swear it myself—when Mr. Dutton conducted the prosecution before the Magistrate he objected to any bail for the prisoner—the prisoner has been in prison about 78 days—I was before the Magistrate on 2nd or 3rd July—I cannot give the date of the remand; there was a remand every week—I was there every time—on 2nd July there was a remand on a statement made by me—I cannot say whether any evidence was given against the prisoner on that occasion—I cannot say whether any evidence was given against him on 17th or 24th—it is probable I gave a little evidence on the 30th, and that they were sent back till 7th August—I think on 7th August the detectives for the first time gave their evidence of a conversation that took place on 7th July—there were a great number charged.
Re-examined. It was not possible that frauds could be committed if the cashier was an honest man, for he would receive the money, and it
would be no use the check clerk making false entries unless the cashier made the same—last year our only mode of checking was by comparing the totals of the check clerk and the cashier, and unless there was collusion no offence could be committed—besides the eight cases in the indictment there are other cases where Ryon was cashier which are not included in this indictment—I and the prisoner were present when Ryon was taken into custody—I heard Ryon, in the prisoner's presence, say something to the effect that "They will find the books all right; when receiving money from the customers we entered them sometimes under, sometimes over the amount tendered, and the totals are ail right"—I did not hear the prisoner make a statement—the 6d. a day if his totals were correct applied only to the cashier, and had nothing to do with the check clerk—his wages were 25s. a week when he was taken into custody.
By MR. BESLEY. No charge has been made against the prisoner in reference to any other case than these eight in this indictment, nor is there any instance of any customer going as a witness to prove that they paid a larger amount than the prisoner has put down, except in the cases in the indictment.
ISABEL LEAROYD . I am the daughter of Mr. Learoyd, of 19, Edith Road, West Kensington—on 1st July, 1882, I went to the Army and Navy Stores, Victoria Street—this bill is in my writing—the date, 1st July, is on the stamp—it is for two pounds of tea, 6s.—the number of the ticket is 46788—it is my mother's ticket—I don't recollect paying the 6s. to the cashier—I have no doubt I did pay it—I don't think I took the ticket.
Cross-examined. I don't remember when before July this year I was asked about the bill, or when I was examined at the police-court—the bill was shown to me at my house—I don't remember how long before 17th July, or the name of the person who showed it to me—I believe he came from the Stores—I saw several young men in custody at the police-court—I cannot recollect if the prisoner was one of them—I could not possibly say that he was present when I paid the money.
Re examined. My memory is re-called to the matter by looking at the bill; that is all I can say—I was at the Stores in July.
ALFRED PATRICK . I am coachman to Mr. Jones, 6, Charles Street, Mayfair—in July, 1882, I went to the Army and Navy Stores—I cannot say the day—this bill was drawn up from my dictation for "four 7-lb tins of soft soap at 2s. 3d. a tin, 9s.; ticket No. 47461 E.A.B."—I paid 9s. at the grocery office to the cashier.
WILLIAM CHAMBERLAIN (Inspector L). I have been in charge of this case—on 2nd July this year I arrested the prisoner at the Army and Navy Stores—he was brought up into the accountant's office to me—I said "I am a police officer, and I want you to look at these bills," handing him five or six, I think; "can you give me any explanation as to these bills?"—he looked at them and said "No, I cannot"—I said "You will be charged with being concerned with Ryon in embezzling the sums of money mentioned in those bills"—I had no warrant at that time—he made no reply—Ryon was present—as we were walking into the station the prisoner said "There are two or three bills; we had the money and thought we could put it right another day"—before he was charged at the station I wrote it down in his presence—this is the memorandum (produced)—the prisoner saw me write it; it was done in the ordinary discharge of my duty in accordance with instructions
issued to all police officers—I was not called as a witness, I think, till the 17th August—I gave this statement to Mr. Dutton within 20 minutes, before we went into Court—I think his clerk took it down from my dictation.
Cross-examined. The prisoner and Ryon were both taken at the same time in the accountant's room in the presence of the chief accountant and Mr. Yeldham—I think five or six bills were shown to the prisoner, I won't be sure—more than the three of Learoyd's, Street's, and Patrick's were shown him when I asked him for an explanation—I cannot tell you the names; they were simply put in my hands—the solicitor has them—I cannot tell you which they are, there are so many—Mr. Allchurch, one of the managers, was present as well, and I think Mr. Brennan, I am not sure, he was about there—I will not swear we did not leave Brennan outside the room—I will swear Jupe was in the room—I won't swear any one else was there but those I have mentioned—Brennan was there a minute or two before and a minute or two afterwards—I have a slight recollection he was there—there were more than these three bills shown to the prisoner—I will swear these three were shown to him—I cannot tell what ones they were—I believe his books were shown him; they were mentioned—I did not notice if they were—I don't know that he said with regard to Street "I have not checked that amount; it is not in my book at all"—I will not swear the book was not referred to—I did not hear Mr. Yeldham swear that one of these accounts was pointed out as not being checked by him—on the way to the station I did not caution the prisoner and Ryon—I was not asked that question at the police-court to the best of my belief—I have heard Mr. Justice Hawkins's opinion—if the prisoner had given an explanation he would not have been charged—no one heard him say about the few bills and putting them back again but myself—I think he said it in Rochester Row, which is about a quarter of a mile from the Stores—he asked me several questions about sending to his father—I said every facility would be given to him—I said at the station to him that he would be charged with being concerned in embezzling money which Ryon as cashier had received and accounted for short—the prisoner and Mr. Allchurch saw me write down the statement in that book—it was not read over to the prisoner—I dare say he would know what I wrote down—he was standing in front of me—I can't say whether he could read anything I wrote or not—I had a conversation with Mr. Allchurch, I cannot say whether in his hearing or not—there were three or four constables standing there at the time I wrote it down; they saw me writing it—there is no other writing of mine, except on that page to which I refer, on 2nd July—Ryon and the prisoner were brought in within a few yards of one another—I was the superior of the officer who brought in Ryon—I made no note of Ryon's statement; I left that to the other officer.
Re-examined. I have been in the force going on for 24 years—there is not the slightest truth in the suggestion that I have fabricated this entry to give perjured evidence against the prisoner.
JOHN ALLCHURCH . I am housekeeper at the Stores—I went on the 2nd July to the police-station and made the formal charge against the prisoner on behalf of the Stores—I was not present when be made a statement on the way to the station—when I got to the station Chamberlain made an entry in his book—I stood by him at the time, and he gave it to me and I read it—this is it I believe.
Cross-examined. I have been examined as a witness before; not against the prisoner—I was in the accountant's room when three bills were shown to him—I don't remember his book being referred to and his pointing out with regard to Street's that he had not checked the bill as it was not in his check-book—I was about ten or twenty yards behind when we walked to the station; I could not hear anything that passed—I believe the prisoner was charged at the station with being concerned with Ryon in embezzling three sums of money--the prisoner was in the dock—there were three feet between them—it is a very light place—Chamberlain stood against the desk next to the prisoner and wrote this—nothing was said aloud about the entry—the charge had been taken—Ryon was in the dock by the prisoner's side—it did not take long to take the charge—it had to be written down on the charge sheet—I have not seen the charge sheet since.
Witnesses for the Defence.
EDWARD RYON (In custody). I was employed by the Army and Navy Stores in Victoria Street—I entered their service on 29th August, 1881, and after about nine mouths acted as cashier—I did so during July and August, 1882—the prisoner was one of the check clerks—he sat on one side of me and another check clerk on the other—there was no lock to his desk—I used the prisoner's stamp when he was there checking other customers' bills—I afterwards, when we were at work, told him what bills I had put his stamp upon and the number of the customer's bill the name, and the amount—I pleaded guilty last Session to the charges in respect to Learoyd's, Street's, and Patrick's—those were cases in which I had put on his stamp and mine—he had no portion of the money, the difference between the amount entered and the amount paid by the customer—I called out to him the smaller amount to be entered by him—that was the case in respect of Mr. Patrick, 11th July, when 2s. 3d. was entered instead of 6s. 9d., the difference being 4s. 6d.—this is the bill in my figures and the customer's—I put his stamp on that bill—he had no portion of the 4s. 6d.—the initials are the counterman's—the bill looks like the counterman's writing; it is not the prisoner's writing—he could write it if he were asked—the bill is stamped for 6s. 9d.—here the amount is 9s.—I embezzled in that respect 6s. 9d.—he had none of the money, and knew in no way of my misconduct—I was taken up to the accountant's office on 2nd July, when Chamberlain was there—I saw some bills, I think Learoyd's was one of them; yes, this is the one—Chamberlain before that said he was a police officer—I was asked some questions by Mr. Yeldham and Mr. Francis—I think it was Chamberlain who asked me whether I could account for the deficiencies, and I paid "No" at the time, and Chamberlain said "You will have to tell some one else that tale"—I think I was taken to the police-station then—I think the prisoner was asked the same questions as I was—I cannot remember his saying anything—I think he said "If you look at our books you will see some of the bills are entered over the amount"—I think there was a sum of 4s. 4d. the difference between Mr. Street's account and the amount I paid over; that I embezzled—at this interview, when Chamberlain said we should have to tell the story elsewhere, the prisoner said that was an amount which he had not checked and not entered in his book at all—that was referred to in Chamberlain's presence—he was check clerk while I was cashier at that desk—we were together so for about nine or ten months
—I went for a holiday at the end of August, 1882—I don't know who was his cashier then—I could not mention the time during which I was taking money—whatever time it was the prisoner had no knowledge at all of it—I made a statement to the Governor of Coldbath Fields Prison; it was put down in writing, and he said he would send it to the prosecution—that did not vary from the statement I have made to-day that the prisoner had nothing to do with it—it is quite true.
Cross-examined. I pleaded guilty, and was sentenced last Session to six months' hard labour, which I am now undergoing—I was taken to the same room with the prisoner on 2nd July, and was charged with having committed certain embezzlements with him of moneys at the Stores—no other check clerks were present—I then said "You will find the books all right"—I said "When receiving money from a customer we entered them sometimes over and sometimes under the amounts, but the totals were all right"—that was true; I mean to say that when the prisoner made a mistake in his bill in casting up, to save getting seen by the foreman he toed to knock it off the next one—that is not embezzlement—I have robbed the Stores of a few pounds—I swear that I did it all myself—the prisoner did not assist me; nobody assisted me—it was not embezzlement in those cases when we entered sometimes over and sometimes, under—in Learoyd's bill it is the case—Learoyd's was one of the bills produced on that occasion, and one of the cases I have pleaded guilty to for embezzling the money of my employers—there was also another bill in which I pleaded guilty to embezzling their money on that occasion—I did not mean these bills when I spoke of our sometimes entering over and sometimes under the amount—I was accused of this very embezzlement of Learoyd in the prisoner's presence; I pleaded guilty to it—sometimes we entered amounts under the amounts and sometimes over the amounts to make up for other amounts that we have entered deficiently; when we made a mistake, to save taking the books up to the foreman we would enter a bill under the amount to make up for that allowance—I was not alluding to these cases, but to certain other bills not relating to these, or anything of the kind—I was in a box between two check clerks—my box is separated from theirs by a wooden partition in which is a little slit, through which it is the duty of the check clerk to pass the bill to the cashier—there is only room for one person in the check clerk's box—I affixed the stamp to these seven bills—I reached over the partition and got it from the prisoner's desk—I used to say "Lend me your stamp for a minute"—a lot of customers were round the desk, and I reached over and got it and used it—I told him to enter a false amount in his check book—I did not give him the bill; I handed it back to the customer—I can remember giving some of them back—I could not point out any now, it was a long time ago—I remember these because they have got my figures in the corner—Learoyd's bill I know I gave back to the customer, and Thomson's, Jones's, and Stannard's—I cannot recollect any others—I remember Learoyd's because I knew the price and I stamped it and gave it back to the customer—I did it in about 20 cases I should think—I cannot say I have taken my employers' money in all these cases, in some of them I have—when there is a false entry in the prisoner's book corresponding to my false entry I told the prisoner to enter it falsely and in every case I committed an embezzlement—I handed the bills back to the customers—I cannot say in every case—when I did not hand them back I
usually put them on a file if they had to be sent—I cannot say whether the prisoner ever asked to look at a bill—I used to say over the top "Enter up" so and so—he never asked to look at a bill, though I had leant over the top and said I would stamp it—I could stand on the perch of the stool and reach over—he never asked to look at a bill whether it was filed or given to a customer—Mr. Yeldham and the police officer spoke to me about the charge on 2nd July—I said "You will find them all right," and it was then Chamberlain said "You will have to tell that tale to some one else"—it was not quite correct to say "You will find them quite correct"—the first thing I said when asked about it by Jupe was that I did not know anything at all about it—I think three bills were shown me; I cannot recollect any more—those were the three to which I pleaded guilty—I cannot remember when it was I said to Jupe "I used to take money for the prisoner"—I used to take the bill I mean—I cannot remember whether until the day I was sentenced I suggested to anybody that the prisoner was not a party with mo in this fraud—he was brought up with me at the police-court week after week from 2nd July to 7th August—I can't remember saving a word about the prisoner's being innocent until I was called upon here last August—I was asked at the police-court if I had anything to say and cautioned; I think I said "I am not guilty"—I did not say a word about the prisoner not being guilty because I was not asked anything about him—I was committed for trial for embezzling sums of money with him—I was not asked about him—I never said anything about it when we were brought up week by week—I have no reason for not doing so—I mentioned it because I thought it was a pity that an innocent man should suffer—I did not give it a thought when I was in the House of Detention—Mr. Keith Frith appeared for me here—my solicitor was Mr. Wells—I told him all about the embezzlement—my friends instructed Mr. Wells—he appeared for me once at the police-court, I cannot say when, and then Mr. Rymer appeared for me—I did not tell them what I have told the Court and Jury now about the prisoner—I did not tell my solicitor anything about the prisoner—I had no reason to—I have made the statement here for the first time.
Re-examined. When I said "Hand me your stamp for a minute, there are a number of persons here," there were a number of persons round the desk, and I put his stamp on my bills—unless goods are sent by the carrier the customer needs the cashier's stamp before he can get his goods at the counter—if goods were to be sent the bill would have the address on—one of these bills in the name of Myers had the address on, 59, Russell Square, and the Duke of Sutherland's is addressed Stafford House, S.W.—with the exception of those two I must have given them back if they had no address on—they could not have got the goods without the bills—I entered in the cash-book only the person's name and the amount—I put the ticket number on the comer of the bill for the prisoner to enter in his check-book—when I was speaking to my friends about getting legal assistance I had to think of my own defence—when I was asked in the other Court what I had to say I said "Goldsmith is truly innocent of it"—after I was sentenced I told the Chaplain the prisoner was innocent, and gave details—he referred me to the Governor, and I made a verbal statement to him—I had no communication with any one to induce me to make that statement—it is true.
EDWARD MARRIOT (In custody). I am now suffering six month' imprisonment in Coldbath Fields Prison.—I was in the employment of the Army and Navy Stores for 16 or 18 months—I went there in May, 1881, and left in December, 1882—no charge was ever made against the prisoner of being jointly concerned with me in any improper conduct there—he never associated with me or any of the Stores men after hours—I found him very silent—I was check clerk in the next desk to him; he was then acting as deck clerk to ryon, and was between me and Ryon—I have seen Ryon use the prisoner's stamp last year, I could not tell how frequently—sometimes when there were a good many customers round the front of his desk, sometimes when not many—Ryon was doing this when the prisoner was engaged in checking long bills, or when he has been absent—I have heard Ryon send the prisoner for change, and while absent I have seen Ryon take his stamp—when the prisoner has come back or finished checking a long series of figures I have heard Ryon tell him to enter certain numbers, names, and amounts—the customers would hare gone—I have only heard him call out one at a time—there was no lock to the prisoner's desk—I heard Ryon say in the other Court when he was asked what he had to say why judgment should not be passed upon him, "Goldsmith is innocent"—it was after that I was asked if I had seen Ryon in possession of the prisoner's stamp—Mr. Paxon asked me that while I was waiting my trial at the House of Detention—Mr. Rymer was my solicitor—I think I had told Mr. Rymer before I saw Mr. Paxon that I had seen Ryon wing Goldsmith's stamp—I expressed a wish to see Mr. Paxon—I saw him in Coldbath Fields Prison last week, and told him a statement similar to what I have told to-day.
Cross-examined. I knew Ryon was robbing the Stores; he told me so, and I think he knew I was robbing them—I could not say for certain—I would not tell when Ryon first told me; it was during the summer of 1882—it was then I saw him using the prisoner's stamp—he told me how he did it—I swear that he said that Goldsmith, his check clerk, had nothing to do with it—I was a check clerk, and made false entries also with the aid of my cashier, Cantle—Ryon's system was new to me—I saw it was an easy way—I said nothing to Ryon about the position the prisoner might be in—I was taken in custody on 21st June—Ryon and the prisoner were brought to the station on 2nd July—Ryon had said the prisoner knew nothing at all about it—I told Kyon it was a shame that he should allow Goldsmith to be there, and Ryon said "I shall tell them at the trial"—I may have mentioned that to Mr. Rymer, my solicitor; I don't remember—I did not often associate with Ryon after business hours; I went home—I believe the prisoner did the same—I never saw him—I did not hear Chamberlain give his evidence at the police-court; I heard it when his depositions were read over—I believe Mr. Paxon appeared on that occasion for the prisoner—I don't recollect hearing him ask any questions about the statement which the prisoner is alleged to have made to Chamberlain—at that time, I think, I had made a statement to Mr. Paxon that Ryon had told me the prisoner knew nothing about it—if not before that time it must have been just after—I sat next to the prisoner's desk, and was check clerk to Cantle—I saw Ryon reach over the desk and take the prisoner's stamp when the Prisoner was there checking bills, and at other times when he was away—I have heard him telling the prisoner to put down certain numbers, names,
and amounts—I believe I recollect hearing Ryon call out" Stannard 4s. 9d."—I cannot recollect any other one; I frequently heard it; I did not take notice of it—I have made five or six statements to Mr. Dutton at different times—I made the first, a detailed statement in writing, about 27th June, two days after I was taken in custody—I cannot speak to the dates I made statements, probably I did so on 3rd July, 5th July, and as late as 5th August—I have told Mr. Dutton or his clerks what I had seen concerning Ryon—I have not said that Ryon said the prisoner was an innocent man, but I have said that I had seen him use his stamp—I did not, because his name was not put to me—I volunteered statements with regard to certain people in the Stores whose names were put to me—I did not think about volunteering a statement that Ryon had told me the prisoner was innocent—I told Mr. Rymer and I told Mr. Dutton what I had seen Ryon do—I did not say a word about Ryon having said the prisoner was innocent.
re-examined. I made so many statements because I was coaxed up from time to time, and told I was all right and so on by Mr. Chamberlain—he came about the 12th with Allchurch, after the committal—I said I was very sorry he had come because I thought my brother was coming—Chamberlain said "I shan't keep you a minute; we knew you were fretting, and just came to tell you you are all right; we are going to act for you square"—that was when the trial had begun—the coaxing began when Winter's and Mears's names were mentioned to me—in consequence of my statement incriminating him I believe Winter is now under remand—Ryon explained to me before any one was in custody that he would send the prisoner away for change and take his stamp and stamp the bills, and then give false amounts to the prisoner—I understood what was going on from Ryon—there was no collusion on the part of the prisoner with any robbery committed by Ryon—Cantle received money from the customers and divided it with me, not always giving me half—I never saw any money passing from the prisoner to Ryon in respect of any embezzlement—I did not explain to Mr. Dutton that Ryon, as he had explained to me, would get false amounts put in the prisoner's book, I only said I had seen him use the prisoner's stamp—I have not been examined as a witness since my conviction—I was led to believe that if I made this statement with respect to Winter it would be all right—I continued to make statements after the coaxing—Mr. Chamberlain told me he did not get much out of me, and he called again and said "We want you to tell us more"—Mr. Allchurch, or somebody else, was always with him when he came—I have never said a word against the prisoner.
By the COURT. In consideration of those statements I was recommended to mercy by Mr. Poland, and received a lighter sentence.
The prisoner received a good character.
Witnesses in Reply.
WILLIAM CHAMBERLAIN (Re-examined). I was in Court and heard Marriott's evidence—there is not a word of truth in what he said about my having seen him on various occasions with Allchurch and coaxed him into making statements—I did not see him, as the prison books show—the committal was on the 17th August—the last statement made by him was on the 15th of August—it was after that date I first went to the House of petention and saw him—I had never seen him there before—Mr. Dutton
sent roe there then in answer to a telegram from Marriott asking him to go—he was unable to go, and Mr. Dutton asked me to go I think—that was after the 15th of August—I merely said that Mr. Dutton would come next day—I never saw Marriott till every statement made was reduced into writing—I did not say it would be all right, or that we would act square with him—I never saw him about Windus, nor said "We want you to tel us all about it"—he did not say anything about Windus till Windus was sentenced and taken to the House of Correction.
Cross-examined. I did not give evidence against Ryon—I don't think Marriott was in Court when I gave evidence against the prisoner—I don't know what Mr. Dutton promised if statements were made with reference to other prisoners.
JOHN ALLCHURCH . I accompanied Chamberlain to the House of Detention to see Marriott in consequence of a communication made by Mr. Dutton—there is no truth whatever in the statement that I and Chamberlain coaxed Marriott and said he would be all right.
Cross-examined. We went to see what Marriott wanted—we said "Mr. Dutton cannot come to-day, he will come to-morrow"—I did not say that we wanted a further statement about Windus, nor did Chamberlain in my presence—we went because Mr. Dutton told us to go—several statements were made before we went—I have seen Marriott twice—I got a statement from him in Dutton's presence before he was committed for trial, I dare say a week or two before—it was a voluntary statement; Mr. Dutton did not ask questions, he took it all down—Marriott's solicitor was not present at those two interviews—no promise or offer was made that he should be recommended if he would give information—I never heard a recommendation that it would be better for him—I was never present when Marriott said he had heard from Ryon and had seen him using the prisoner's stamp—Mr. Dutton never told me that.
NOT GUILTY .
OLD COURT.—Saturday, October 20th, 1883.
Before Mr. Recorder.
JONES— Nine Months' Hard Labour.
DAVEY— Four Months' Hard Labour.
NEW COURT.—Saturday, October 20th, 1883.
Before Mr. Common Serjeant.
948. WILLIAM HENRY GOLDSMITH was again indicted (see P. 730) for embezzling 5s., 4s. 4d., and 6s. 9d., received by him on account of the Army and Navy Co-operative Stores, Limited, his masters; also for falsifying a certain book with intent to defraud, upon which MR. POLAND offered no evidence.
NOT GUILTY .
He received a good character.—Eighteen Months' Hard Labour.
OLD COULT.—Monday, October 22nd, 1883.
Before Mr. Common Serjeant.
MR. HUMPHREYS Prosecuted; MESSRS. THORNE COLE and BLACKWELL Defended.
THOMAS BENHAM (City Policeman 205). In consequence of a communtication from Messrs. Tuck, the fine art publishers in Coleman Street, on Friday, 28th September I watched their workpeople as they left the premises, and about 7 p.m. followed three of them into a public-house in Coleman Street, not quite 100 yards from the Messrs. Tuck's—after they had been in there some little time the prisoner came in with his wife and a man and a boy all carrying parcels—I went back to Messrs. Tuck's and fetched Mr. Wood, the manager—when we got back to the public-house the prisoner had left and gone to Moorgate Street Station—we found them there—Mr. Wood said to them "What have you there?" the prisoner said "I have some boards for bronzing from Mr. Gustav"—Mr. Wood said "You will have to go back"—we went back to the warehouse and saw Mr. Adolf Tuck, who said "Who told you to take them?" he said "Mr. Gustav, he told me to take them to bronze"—I had opened the parcel in the warehouse; it contained 230 boards for mounting pictures and 800 pieces of pictures; these are they (produced)—Mr. Tuck said "How about the pictures?" he said "Mr. Gustav told me to take them to stick in"—on Sunday, Sept. 30, I was sent for to Mr. Tuck's office—the prisoner was called in, Mr. Gustav Tuck was present—Mr. Adolf said "How came you to take these pictures?" the prisoner said "Mr. Gustav told me to take them"—Mr. Gustav said "I did not tell you anything of the kind"—I took the prisoner to the station; he said nothing in reply to Mr. Gustav—the charge of stealing 800 pictures, 1 lb. glue, four pieces of brown paper, and eight pieces of cardboard was read over to him there—he said to Mr. Tuck "Think of what you are doing, don't lock me up"—the prisoner gave me his address, 1, Rodney Street, Pentouville—I went there and found in a box on a chest of drawers and in the drawers these 15 dozen Christmas cards, three mounted pictures, nine unmounted pictures, six small terra-cotta plaques, a bundle of small cuttings, these two paper plaques, and some velvet cuttings (produced)—I took them to the station—Mr. Hermann Tuck came to the station—I showed him the goods in the prisoner's presences—Mr. Tuck said, referring to the Christmas cards, "How do you account for those?"—the prisoner said "I have taken them a few at a time for the children."
Cross-examined. The fragments of larger chromos or oleographs are the 800 pictures described in the indictment—there is only one indictment—I only saw the three workpeople come out of the premises that evening—I can't say how many workpeople they have; more than twenty—the three came out of the regular passage of the premises—before the parcels were untied Mr. Wood said to the prisoner "What have you got there?"—he said "Boards for bronzing"—Adolf, Gustav, and Hermann are in partnership—on the Friday the prisoner said to Adolf Tuck that Mr. Gustav gave him the order to bronze the pictures and stick them in—Mr. Adolf said he must leave the things there; that was done, and he was not taken in custody that evening nor on the next day, Saturday,
when Messrs. Tuck's is closed, but at 11.30 on Sunday morning he came to the prosecutor's premises and was taken in custody—I believe the prosecutors are Jews—Mr. Gustav said on the Sunday morning in the office "I did not give him permission to take them at all, nothing but the boards for bronzing"—no other cards were produced at the police-court or are produced here to-day—it was at the police-station, on the Sunday morning after he was charged, that the prisoner said to Mr. Gustav "Don't lock me up."
GUSTAV TUCK . I am one of the firm of Tuck and Sons, fine art publishers, 72 and 73, Coleman Street—the prisoner was in our employment as a velvet mount cutter and velvet frame maker—these 88 pieces of oleograph and chromolithograph pictures are our property; I value them at about 3d. each—I never gave the prisoner permission to take them—on Thursday, 22nd September, he said to me "There are a lot of boards here that are useless; I don't come to business on Saturday, and I should like to earn some more money; I can use these boards up for the pictures that are in the place; I will bronze them while I am at home"—we dose on Saturdays—I said "How much will you charge us for bronzing them?"—he said "A penny each"—I said "Well, you may take two gross home with you of the boards and bring them back as soon as you have finished them"—two gross would be 288—he said "Will you lend me some money to buy the bronze with?"—I said "No, you will be paid to-morrow, and you can lay the money out of your wages, and will pay you for the boards when you bring them back"—he said "All right, sir"—on the next morning, Friday, I had occasion to go up into his room where he works in our establishment—he showed me a pile of boards lying on the table and said "I have got two gross; will that be right?"—I was in a great hurry and so did not count them, but I said "I suppose it is all right"—I did not see him again till the Sunday morning—that is all that took place with reference to the boards.
Cross-examined. Tuesday and Wednesday in the following week were holidays for the commencement of the Jewish new year; we do not have people at work then—I think the prisoner is a Frenchman—he has been in my employment ten or eleven months—he is not a Jew—these pictures are pieces of larger ones; they are utilised by being put in frames—the prisoner's regular work was not exactly that kind of thing—his business was to cut the remnants of these and make picture frames and anything else I asked him to do—it was rather superior work, the utilising business—we have done it for two or three years—I have employed other people away from my premises to do similar work before this—we do a large business—we never made these picture frames before he came to our place—we have not employed persons to bronze mounts and do this kind of thing before; we buy them ready made—the prisoner has taken home work twice before—I can't tell you the number he took home before or whether they were Scotch views—I did not give him any other work besides—I cannot tell exactly who gave it to him—giving orders is generally confined to myself and Adolf—Adolf and Hermann are not here.
Re-examined. All the pieces are almost exactly the same size—the prisoner would make the frame to one size and bronze them like this outside piece is done—if goods are taken out of our place, permission to take the exact goods must be given—workmen are not allowed to take a dozen or two as they think fit.
By MR. COLE. Glue would be used to stick the pictures into the mounts—the brown paper is not used for it—I know nothing about the bronzing—I said that he was to buy the bronze out of his own money.
The Prisoner's Statement before the Magistrate, "I had the order to take them."
The prisoner received a good character.
NOT GUILTY .
Before Mr. Justice Denman.
MR. CULPEPER Prosecuted.
ELIZABETH SCAMMELL . I live at 64, Langthorn Street, Stratford—on 11th August, about 11 o'clock at night, I had been in bed about 10 minutes when I heard a knocking at the back door—I said "Who's there?"—there was no answer—I said a second time "Who's there?" and I got out of bed and looked through the curtain, and saw the prisoner at the back door with his hand on the latch—the door was bolted—I ran to the street door in my nightdress and called out "Police, murder!"—I got out into the road, and the prisoner attacked me with his fists, as I thought, punching me—he was leaning over me—I put up my hand to save myself, and saw my hand bleeding, and said "My God, he has stabbed me"—I called out several times "Murder, police!" and the detectives came and took him—he struck me 16 times over my body—I have 10 stabs in my arm and hand, chest and lungs, only a slight one in my face, where the knife slipped—a person came up and took hold of me and took me indoors, wrapped me up in a blanket, and took me to the police-station-a doctor saw me and has been attending me ever since.
Cross-examined by the Prisoner. I am still suffering from the effects of the wounds—erysipelas set in very bad—I have not suffered from rheumatic gout since the affair—I have known you 13 or 14 years—we lived together as man and wife—I have had four children by you—I had one before I knew you; I had four, but they died—I did not see you with any knife on this night, but it was produced to the inspector—I left you because you would not work; you never would work—I have kept you for 16 months at a stretch, and you told me you would not work any more—you never gave me any money—I had to keep you; you did not send me money from Newcastle—I did not rob you of your home—I have not lived with two different men since I left you—I did not live with Daniel Shay or Long Bill; I don't know such a man—there was no one in the house with me on this night but an old lady—you must have got over the back way—there is a field at the back.
JOHN LLOYD (Detective). On 7th August I was in West Ham Lane—I heard screams of "Murder, police!" and shrieks—I ran in the direction and saw the prisoner coming towards me—some one shouted from a window "He has stabbed a woman; stop him"—I stopped him and said "Where is the knife?"—he said "It is in my pocket, sir"—I took him to the station and handed him over to the sergeant in charge, and told him he had stabbed a woman and had the knife in his pocket—the
prisoner then produced the knife from his pocket and said "This is what I done it with"—there was blood on it, and the blade was bent—I then went back to the prosecutrix, took her to the station, and sent for the divisional surgeon—I saw blood all through the passage of the house, and a pool of blood in the room, and blood across the road.
JOHN HAYNES (Police Sergeant K 8). On 7th August I was at the West Ham Police-station—about 11.10 the prisoner was brought there by Lloyd, who said he had stabbed a woman, and had got the knife on him—the prisoner took the knife closed from his left waistcoat pocket, and said "That is what I did it with"—I took possession of it—Lloyd went out, and returned with the prosecutrix, wrapped in a bed-quilt, which was saturated with blood—I sent for the surgeon—he examined her, and ordered her to be taken home, and I had her removed on a stretcher—the prisoner was placed in the dock and charged—I read the charge over to him; he appeared to take no notice of it—I read it a second time, and asked him if he understood it—he said "Yes, stabbing"—I afterwards went to 64, Langthorn Street, and found the staples and latch of the back door forced—I also saw a large quantity of blood in the bedroom and passage.
Cross-examined. I saw blood on the knife—I did not hear Lloyd say that he could not see any.
JANE ELIZABETH MADE . I am the wife of William Made, of 26, Langthorn Street, Stratford—on 11th August I was standing at my door, on the same side of the road as Mrs. Scammell—I heard screams of "Murder!"—I ran up the road, and saw the prisoner struggling with Mrs. Scammell in the middle of the' road—she had nothing on but her nightdress—I saw a great deal of blood about her—she was clenched in the prisoner'8 arms, and he appeared to be punching her round the neck—I did not see anything in his hand—I caught hold of her, and asked her what was the matter—she said "Oh, my God. he has stabbed me"—I said "Who?"—she said "Sullivan"—I saw Detective Lloyd coming—I told him the prisoner was the man that had done it, and he was taken into custody, and I assisted Mrs. Scammell indoors.
WALTER ATKINS GROGONO . I am divisional surgeon of police—on 7th August I saw the prosecutrix at the West Ham Station at 11.30—she was suffering from 16 punctured wounds, eight on the left hand and forearm, one on the left breast and one under the left breast, two on the left side of the face, one on the back, and three under the shoulder—the serious one was on the right breast—it is a question whether that one was done with this knife; if it was it must have glanced off the rib, and penetrated between the ribs, because the wound was an inch and a quarter in length, and I think it would have required a broader blade than this; it is possible this might have done it—she was exceedingly weak from loss of blood—she had to remain at the station an hour and a quarter Wore she could be removed—she is still very weak; I am attending her will—I do not think there are any dangerous symptoms—the left hand is permanently disabled—her life was in danger from loss of blood—a small artery must have been divided on the right breast—the wound was two inches below the nipple—if the wound had been on the left side it would have caused instant death—the knife is rather blunt.
The Prisoner's Statement before the Magistrate. "If I did it I certainly was out of my mind. I had a good deal to drink on the Monday, and very little to drink on the Tuesday. If I did it, it is quite a mystery to me; it is a dream, a fog. As to ill-using her, it was the last of my thoughts."
The prisoner in his defence alleged that the prosecutrix had behaved very badly to him, having sold his furniture and gone with other men, and that on the night in question he went to the house suspecting something wrong, and what occurred there he hardly knew.
GUILTY on Second Count. — Ten Years' Penal Servitude.
Before Mr. Recorder.
MR. GRAIN Prosecuted.
GEORGE SMITH . I am a permanent labourer at the Royal Albert Docks—on 10th August I was at No. 2 group and was instructed to take charge of the new jute shed, which is in the opening between Nos. 17 and 19—in the morning I was going down between the sheds, and saw Hopkins rolling a bale of wool from No. 17 shed—I noticed a one-horse van", with "J. Field" on it on a red ground, and two bales of wool on the ground—there ought to have been a tally-clerk present when wool was loaded up—I did not notice one there—I spoke to Hopkins—he said "It is all right"—I went to the quantity foreman's place, he was not there—I went round some little distance to the warehouse foreman, and made a communication to him, in consequence of which I came back to where the van was at No. 17—Hopkins was then gone, nobody was with the horse and van, there were three bales of wool in the van—I remained there for two hours, noboby came there—after that I went with two dock constables to Field's and heard what he said—I saw the prisoner on 20th August in the Royal Albert Dock Hotel—I did not know him before.
JOHN HOPKINS . I am a laboure—on 16th August I went to the Albert Ducks between 9 and 10 o'clock to seek work, and in at what is known as the Manor Road Gate, No. 9 gate, nearest Beckton way—there is a railway station close there, just about 200 yards inside the docks—somewhere by the railway station I saw the prisoner—he asked me if I wanted a job; I said "yes," he said "Come with me, I want you to go with me up to the shed to load up some wool"—after he hired me he got into the van and asked me to get in—I got up, and he drove to 17 shed—he said he wanted to load up a van with wool, and would give me 2s. 6d.—he got out at the shed, backed the van in alongside the platform, and told me to go on loading up the van and he would go round and get a pass—he said "There is a leather apron there, put it o"—I went on loading up the van—I saw Smith going by—I did not know who he was at the time—he spoke to me—I kept on at my work till the prisoner came tack and said "Clear out as quick as possible"—I picked up my coat and went away—I thought he was doing something wrong—I never saw him before—I never got my half-crown—I did not see him again till I saw him in the police-court—Smith spoke to me as he was going by, he did not come up to me.
Cross-examined by the Prisoner. Yon did not meet me outside the gate afterwards—I did not see you again till I saw you at the police-court—I did not say at the police-court that I had seen you once—I did not meet you and say "I shaved off my moustache to disguise myself; don't go near the gate"—I never saw you—I did not say "For God's sake don't bring me into it; I have a wife and family and a little pension from the army, and if I get into trouble I shall lose that"—I have a little pension from the army—I did not say I was going to shift nearer Backton to get employment in the gasworks—I never saw you before the 16th in the docks—I was not with you and Smith in a public-house when Smith asked whether you could get a van—you did not say you could—Smith did not say that he had a job to do in the Royal Albert Docks to shift a few pianos—I did not get up with you at Stepney station—I did not say "I will take it over as I have got a job to do first"—I did not say I had shaved off my moustache and shifted my residence—you were not going to take the three empty barrels home to my house for firewood—I don't know how you knew about my family and pension or where you lived—you backed the Van in and went for a pass—you hired me to put the wool in—I remained till you came back and told me to go away—when I thought there was something wrong I did not say "For God's sake don't bring me in it, leave it to Smith and he will pull through it"—I don't know Smith—I did not ride in the dock with you at the Stepney end, I came in at the other end.
Re-examined. I have a pension—I don't know the East India Docks; I was never there in my life—I said at the police-court "I did not meet you at Southend Station next morning, and go to a coffee-shop with yon; I did not ride with you from Stepney Station next morning; you did not leave the van in the dock and come back w 11 me; I did not meet you next morining in the dock; I never saw you before I saw you at the Albert Docks, nor since; when you told me to load up bales no one else was then; I did not speak to you afterwards outside the dock;" that is true.
JAMES COLE . I kept gate No. 9 at the Royal Albert Docks on 16th August—about 11 a one-horse van driven by the prisoner came to the gate very slowly from inside the dock, from the front entrance, with three barrels—I said "What are those?"—he said "They are three empties; I brought them in at the front," and that he was waiting for some one, or wanted to see some one—I said "If that is to, there is no need 10 take your van outside, you can leave it here"—he said "I did not know I could do that, I thought the horse would shy at the engines"—he fastened it up to the fence alongside the electric light house, and went outside—I got up to see the barrels—they were empty—in about a quarter of an hour he came back, unloosened his horse, and went away in the direction he had come, along the main road, the way a cart would goto No. 17 shed—I saw the name "Field" on the cart while he was gone—No. 17 shed is quite out of my view—next morning I heard the carmen speaking of a cart being found—I went away for a holiday for about eight days, and when I came back Superintendent Grigg spoke to me—I told him what I have said to-day—on 6th September I was taken with Wilcox to the George, in the Commercial Road, where I saw the prisoner, and I recognised him as the person I had seen with this van—I have no doubt about him.
August, and in consequence went to where the van was standing, at No. 17—it had Field's name on it, and three bales of wool inside, and a leather apron—no one was in charge of it—I took the address, 3, Devon port Street, Stepney, and went with Earl and Colo to Mr. Field's—we had a conversation with him, and then went for three days in search of the prisoner—we could not ascertain his address from Field or any one else—on Sunday, 19th August, I came across him in Whitechapel Road, and said I wanted to speak to him—Field and Earl came up—Field said "That is the man who hired my van on the 16th"—the prisoner said "Yes, I hired his van, and paid him a half-sovereign deposit"—I told the prisoner I was a detective officer of the London and St. Katherine's Dock Police, cautioned him, and said I wanted to speak to him with reference to three bales of wool found in a van in the Royal Albert Docks—he said "I hired the van to remove three pianos. I met a man near the docks, who told me that the pianos were not ready. We went into a coffee-shop and had some breakfast. The man then borrowed the van to do another small job, saying that he would return in about an hour. I waited for about an hour and a half. Finding he did not come back I felt uneasy, and went in search of the van. I heard that it had been stopped for some goods at the docks. Feeling uncasy, I did not go near the docks"—I then asked him whether he would walk with me to the superintendent of the police of the London and St. Katherine's Docks—he went there with me, and the statement was made to Grigg—I knew nothing of Hopkins or Cole at that moment.
Cross-examined. You said before the superintendent something about a man named Smith.
THOMAS GRIGG (Dock Police Superintendent). All persons are brought to me before any steps are taken criminally—on Sunday evening, 19th August, the prisoner was brought to me by Wilcox and another constable—I cautioned him—he gave the same statement as he gave to the last witness, very slightly varied, and then went on to say that on the previous night he, a man named Smith, whom he had known for some years past as steward on a vessel, and a strange man whom he had seen before, fell in with each other at the tramway terminus near the East India Dock gate, and while in conversation, the strange man said he wanted to get a van next morning to remove two pianos, and asked me if I knew where I could get one. I told him I thought I knew. It was then arranged that I should get the van next morning, and meet this strange man at a coffee-shop in Barking Road, near the railway station. I hired Field's van, and paid him half a sovereign as deposit, took the van to the Barking Road coffee-shop, where I met the strange man, and we then went into the coffee-shop. We had a cup of coffee each, and then the strange man said that the pianos were not quite ready; that he had a little job to do at the docks, and would go and do it; that I was to wait while he went and did it, because it would take about an hour to do. I waited at the coffee-shop about an hour and a half, and finding he did not return, went to look after him, and hearing something was wrong, did not go near the docks"—I knew nothing at that time of Hopkins or Cole, and I thought it my duty to let the prisoner go—I instituted inquiries, learned from Hopkins and Cole, and gave instructions for his arrest—no one is allowed to take anything out of the dock without a proper pass.
afterwards accompanied Wilcox, and was present on the 19th when the prisoner was identified as the man who had hired the van.
Cross-examined. You said you would like to find the man, and would use every endeavour to do so and would meet us next morning—I don't know that Griggs proposed it—you met us according to promise—you saw me after that a second time near the Royal Albert Docks—you said you were in search of Smith the second time.
Re-examined. We have never found Smith.
WILLIAM GIRLING (Policeman). On 29th September I went to Jubilee Street, Stepney, and apprehended the prisoner on a warrant—I read it to him—it was for attempting to steal—he said "I was there; I did not attempt to teal the wool"—I repeated his answer and said "That is what you want to say?"—he said "Yes; I went to see a man in a coffee-house outside of the dock, and I ran away to save myself getting into trouble"—I took him to the station.
Cross-examined. You said you ran away.
The Prisoner's Statement before the Magistrate, "With regard to Smith, he was brought into that room and asked if he knew me, and he said 'No.' That is all I have to say. I have no witness."
The prisoner, in his defence, said that his statement had never varied, that he had been looking for Smith, and contended that his word was as good as Hopkins's, and that he was not in the docks at the time.
GUILTY.— Judgment respited.
Before Robert Malcolm Kerr, Esq.
953. WILLIAMS COLLINS (44) PLEADED GUILTY to stealing a quantity of carpenters' tools, the property of Harry Landon; also other tools, the property of George Higley; also other tools of William Hambrook and John Bambridge; having been convicted** in March, 1877, in the name of William Edward Long.— Seven Years' Penal Servitude.
Before Mr. Common Serjeant.
MESSES. LLOYD, and HICKS Prosecuted.
HERBERT FORSDYKE . I live with my father, a provision dealer, at 1A, Bokeby Street, Stratford—on September 13th, about 8 a.m., I served the prisoner with two eggs, price 1d.—he gave me a shilling—I bent it easily and passed it to my father, who said "Have you any more of these?"—he said "No"—it did not go out of my hand till I gave it to the policeman—it was not put on the counter or under the counter—my father gave the prisoner in charge.
JAMES FOBSDYKE . On 13th September my son gave me this shilling bent, and said "This is a bad shilling, father"—I said to the prisoner "How many of them have you?"—he said "No more; I have plenty of money"—he made a snatch at it sideways, but I said "No, I am going to keep this"—he moved towards the door—I said "Where do you live?"—he mumbled something about Chapel Street, which is near us—I said "I don't believe you; I know almost every one there"—I sent for a constable and gave him in charge with the shilling.
GEORGE SMITH (Policeman K 107). I was called, and the prisoner was given into my custody—I said "Have you any more?"—he said "No; I have a lot more good silver, but no more bad"—at the station he said "I gave the lad a shilling; he put it under the counter, and I can't say whether this is the shilling I gave him or not"—I found on him two half—sovereigns, 1l/. 15s. in silver, and fourpence, all good.
GEORGE MELLISH (Detective Sergeant K). On 13th September I received information, and went with Enright and Smith, about 1 o'clock, to 43, Preston Road—I knocked at the door, Mrs. Thornton opened it—I made inquiries of her—we remained at the door till the prisoner Tracey came up from the street—we then went downstairs to the front room; she unlocked the door, and I said "Is this the room Brian occupies?"—she said "Yes"—I said "Brian is in custody, and remanded for passing counterfeit coin; we are police officers, and have come to search the place"—I at once commenced searching, and behind a picture that hung on the wall I found these three shillings folded in tissue paper—I said "You see this; how do you account for this?"—she said "I did not know that they were there"—the picture was hanging in an incline, and I put my hand behind it again and found 31 threepenny pieces all together in a packet—some of them had the bloom on them just as they were broken from the get—I said to Tracey "You must consider yourself in custody for being concerned with Brian in the manufacture of these coins"—she rose from her chair with a purse in her hand, and made towards another picture over the mantelpiece—I said "What have you got in your hand?"—she said "My puree"—I said "Let me look at it"—I found in it two good threepenny pieces and a half-penny—she went to the picture above the mantelpiece and produced this paper, and said "I am a married woman, here is my certificate"—she did not say who she was married to—we locked the door, and took her to the station, taking the key with us—on September 19, at 10 a.m., I went again, and turned over the coals in the cupboard in the same room, and found a get with a portion of a sixpence incomplete.
JAMES ENRIGHT (Detective Sergeant). I accompanied Sergeant Mellish to 43, Preston Road, and found this bad shilling in an ornament on the mantel—piece, and in the coal cupboard a bottle of methylated spirits of wine, a bottle of cyanide of potassium, a quantity of Britannia metal, five spoons, three of which are Britannia metal, two files, some silver sand, tissue paper, a ladle, a small bottle containing some lotion, and some whiting—I remember Mellish locking the door—I went again on 19th September and found in the same cupboard a small bottle of nitric acid—I showed all these articles to Mr. Webster.
SOPHIA THORNTON . I am the wife of Alfred Thornton, of 43, Preston Road, Stratford—the prisoners occupied a room in that house downstairs as a living and sleeping room—I did know their names, but a party came once and asked for Mrs. Tracey, and she answered the door—they lived there about a month, and slept there—I saw Brian there on the might of the 12th—he was away once for about a week; he had returned a good bit before the 13th—I lodged in the back kitchen, and knew what went on in their room.
Cross-examined by Brian. I knew you lodged there that night, because I pointed you out in the morning—you went out about 7 o'clock—I heard
Tracey say that she was going out to see if she could find her husband, and I was present when she returned as the officers have stated.
ELIZA OLIVER . I live at 83, Chapel Street, Stratford—the prisoners lived there, about 15 or 16 months, in the front room downstairs as Rebecca and Alfred Brian—they came in May last year—they sent me out nearly every day with coppers to get silver; sometimes in the morning and sometimes in the evening—the largest quantity that I have taken was about 1l. worth of copper.
Cross-examined by Brian. You never gave me any bad money that I knew of.
EDWARD ROYAL . I am an oilman, of 97, Chapel Street, Stratford, four doors from the prisoners', and know them both as customers for about 12 months—they were in the habit of purchasing plaster—of—Paris, silver sand, sweet oil, and sundry other articles—I do not sell acids or methylated spirits.
Cross-examined by Brian. I remarked to your wife that you used a good deal of plaster—of—Paris—you used to get a pennyworth and twopennyworth at a time, and your wife has had half a pound.
Cross—examined by Tracey. I do not know whether you used it to mend the hearth.
Re-examined. Tracey came more often than Brian—they never came together.
ELIZA MUXWORTHY . I am female searcher at West Ham Station—on 13th September I searched Tracey and found on her 1s. 7d. in copper—this piece of metal fell from her clothes after I had removed part of them—she said, "I picked it off the floor"—I gave it to Sergeant Mellish.
WILLIAM WEBSTER . This shilling passed by Brian is bad and of 1865, and these three shillings found behind the picture are bad, and from the same mould as the first, and here are five from the same mould taken from the mantelpiece; they are ready for uttering—these 31 threepenny—pieces of 1875 and 1877 are unfinished; those of 1877 came from a mould which was made from this threepenny—piece found in the purse—this is a get which was dropped by Tracey, and this is another get which was found in the coal—cellar with a portion of a counterfeit coin on it—this sixpence is bad, but of a different date—all the articles produced can be used for making counterfeit coin, but I find no moulds and no battery—here is a ladle, but that can be used for other things—silver sand and plaster—of—Paris are used in coining—these files have soft metal in the teeth, and this spoon has metal adhering to it—a hearthstone might be mended with plaster-of-Paris.
Cross-examined by Brian, I have not tested the acid—I do not know whether this other is water or zinc lotion.
Re-examined. If you make a mould for any purpose there must be a get, and it comes out in this condition from the mould—acids are used for the battery for silvering the coin.
Brian's Statement before the Magistrate. "I was not living with my wife at the time. I knew of nothing that was in the house whatever."
(He repeated the same statement in his defence.)
Tracer's Defence. I was getting the breakfast ready, and did not know that my husband was locked up, and then they came and took me.
BRIAN— GUILTY .**— Ten Years' Penal Servitude. TRACEY— NOT GUILTY .
MR. LLOYD Prosecuted.
THOMAS SEARLE . I keep the Golden Horse, Forest Gate—on 9th September, about 4.15 p.m., I served the prisoner with half a pint of ale; lie gave me a florin—I said "I think this is bad"—he put his hand in his left pocket and pulled out a good one—I spoke to the potman, who closed the bar door, and said "Where did you get this coin from?"—he said "I took it somewhere at Bow"—I paid "You have been here before; I have got one of your coins now, tendered a fortnight since"—he said "I have never been here before"—I said "I shall detain you; you are coming this game too often," and gave him in custody—he had come there on 6th or 7th September for a glass of stout, and tendered a bad florin, but I did not detect it at the time, and gave him the change—I noticed a piece of white rag round his right hand, and on the second occasion the rag was off, but I saw the scar—I recognised him immediately he came in.
GEORGE WEBSTER (Policeman K 106). On 9th September I was called, and Mr. Searle said "This man came to my house and tendered a counterfeit florin, and I shall give him in charge; he was here about a fort—night ago, and I have one of his florins here now"—I searched him, and found a penny and an Italian 50—cent. piece—when the charge was read over he said "Yes, coining, uttering"—the Sergeant said "Yes, and you have been there before"—he said "Yes, I know I have."
Cross—examined. You did not say that you had never been in the house before or down that way in your life.
Prisoner's Defence. I did not burn my hand till September 17th, so how could I have had anything on my bad hand on September 6th? On the next occasion I went and pulled out two florins and gave him the first that came; when he said it was bad I said "Well, you must take the other." I had a penny, but that was not enough. I had changed a half—crown in a house. I was never in his house before."
Witness for the Defence.
SUSANNAH WEST . I am a widow, and am a trowsers hand—the prisoner is my son, he is a sawyer—on a Tuesday or Wednesday, I think it was the 19th, but it was the same day as he was taken innocently to Bow Street, he came home and asked me for a piece of rag—I don't know whether it was the first, second, or third week in September.
NOT GUILTY .
Before Mr. Recorder.
MR. ISAACSON Prosecuted.
WILLIAM ROACH . I am a labourer, and live at 28, Queen Street, Deptford—on Sunday night, 30th September, between 11 o'clock and 5 minutes past, I was in Queen Street—I saw the prisoner, another man, and his wife—I asked the prisoner for a match—he said he had not one
—I asked the other, and lie said he did not smoke—I was going away and the prisoner said "Take that, you b bastard," and with that he hit me in the face with hits fist, knocked me down, and stuck a knife into my left cheek while I was down—I saw the knife, it was a pocketknife, with rather a wide blade, similar to a sailor's knife—it was not a penknife—I had seen him before knocking about the place—I had had no words and given him no provocation—the other man kicked me—my Mother and little sister picked me up and took me home, and then a policeman came and took me to the station, and from there to the doctor's—on Monday morning I went to the Seamen's Hospital—I was not able to attend before the Magistrate till the Wednesday.
Cross—examined by the Prisoner. I did not take off my jacket and say I would fight some b or other—I did not offer to fight you or strike you—you went and fetched a policeman after you struck me.
By them JURY. I saw him take the knife out of his pocket and open it—it was a clasp—knife—I have not seen it since.
CATHERINE ROACH . I am the sister of William Roach—I am 15 years old—on the 30th September I was coming out of our door, and saw the prisoner raise a knife and stab my brother—he had the knife in his hand—I did not see where he stabbed him—there was another man with tie prisoner, and I saw him kick my brother when he fell down; that man is outside—my mother came and picked up my brother when the prisoner and his wife and the other man were kicking him—mother took him indoors—my brother said "I am stabbed," and my brother-in-law went for a constable, and they took him to the station—I did not hear any quarrel—the knife was more like a sailor's knife by what I could see—I did not see the handle.
CATHERINE ROACH, SEN . I am the wife of William Roach—in consequence of what my daughter said I ran out and saw my son on the ground; I picked him up and took him home—he said "Mother, I am stabbed"—my son—in—law, who waft indoors, fetched a constable and took him to the station—there had been no quarrel—the prisoner lives a few doors from us—he and his wife went off the street immediately, so did the other man—we ran after them; we could not find the prisoner and his wife; we found the other man in a public—house, but he made his escape.
By the COURT. I knew the prisoner by sight—the quarrel happened between my door and his, of course it was a quarrel; I saw them beating my boy.
HENRY WOODING (Policeman R 91). Between 11 and 12 o'clock, from information, I went to 28, Queen Street, and saw the prosecutor bleeding from a wound under the loft jaw—at 11.45 I met the prisoner in New King Street with his wife—I told him I should take him into custody for stabbing a man a short time ago in Queen Street—he said "I did not do it, for I have not got a knife"—at the station, when charged, he said "I was standing at the corner of Queen Street with my wife and a mate of mine. Roach came up and asked for a light I told him I had not got one. He asked my mate several times; also striking me in the mouth. I then went away, leaving him, and went to the police—station"—he had been drinking, but was not drunk—I searched him but found no knife.
Police—station; the prisoner and his wife came and complained of being assaulted in Queen Street—he said he was passing along Church Street, at the bottom of Queen Street, when he was stopped by a man who asked him for a lucifer; he said he had not got any, and he then received a blow in the mouth and was threatened with a knife—as he had no marks the inspector referred him to a constable at the bottom of High Street, who would go with him and take their address, and he had better appear next morning at the police—office to take a summons out—a few minutes after prisoner had left the station the prosecutor was brought in by his brother—in—law and mother, bleeding under the left jaw; he was sent to the doctor—the prisoner said he knew nothing about a knife; he had not seen a knife that evening—the inspector referred him to what he had previously stated, that he had been threatened with a knife by the prosecutor—he said "I don't remember saying so"—the prosecutor was slightly under the influence of drink.
PATRICK KAVANAGH , M.D. and Surgeon, 186, Le wish am High Road, and 120, High Street, Deptford. I saw the prosecutor on Monday morning, 1st Oct., about 12 o'clock—my assistant had dressed his wound during the night—it was a very dangerous wound, in a very dangerous position under the left jaw, close to very important bloodvessels, the carotid arteries and jugulars—it was such a wound as would be inflicted by any sharp cutting instrument; the parts being soft no great violence would be required—it would be more likely to be done wilfully than accidentally—I was called to see him because of secondary haemorrhage—a branch of an artery must have been wounded—there was a great deal of swelling about the neck, as if blood had effused under the cellular tissue—I thought it advisable to send him to the hospital—it appeared to me to be a very dangerous wound, a little more might possibly have proved fatal—I think he is now out of danger.
The prisoner in his defence repeated in substance his statement to the constable, and called:
WILLIAM ALLEN . I am a labourer, and live at 5, Hereford Place, New Cross—I have known the prisoner a little while—on Sunday, 30th September, I was with him and his wife in Queen Street—as we were standing drinking the remains of a pot of beer this man Roach came and asked for a light—we had not one—he said he would fight ore a one of us—I said I was no fighting man—he hit me two or three times in the stomach and then again in the eye—I told him I did not want to fight, and I tried to get away—we both fell on the pavement together, and I got up and ran away home—the prisoner was gone then—I saw no other blow struck—what occurred afterwards I know nothing at all about—I did not see the prisoner struck—he might have been struck unknown to me—I did not kick the prosecutor.
GUILTY .— Twelve Months' Hard Labour.
MR. BEARD Prosecuted; MR. TORR Defended. After tome evidence had been given the prisoner desired to retract his plea, and to plead guilty to a common assault, upon which MR. BEARD offered no evidence on the felony, and the Jury found a verdict of
NOT GUILTY .
The prisoner then PLEADED GUILTY to the common assault.— Six Month' Hard Labour.
MESSRS. MONTAGU WILLIAMS and TORR Protected; MR. HOPKINS Defended.
ANNIE CUMMINGS . I am the wife of Richard Cummings, a corn dealer, at 2 West Dale Street, Forest Hill—on the 28th August, at about 2.30 in the afternoon, I was in the washhouse at the back of the premises behind the parlour—I heard a noise in the parlour, and looked and saw the prisoner in the parlour—he had hold of this tin box, which stood on the mantelpiece—he had moved it from the mantelpiece, and had it in his hands—I screamed and ran into the parlour, and caught hold of him by the arm—he said "I don't want to do any harm," and he pushed me off—I still held him—he said "I only want to buy two quarts of chickens' corn, will this box hold it?"—my brother—in—law came Into the shop from the front of the house—the prisoner asked him to let him go—he laid he wanted to buy two quarts of chickens' corn, for his landlady would let him keep chickens—he was then given into custody.
Cross-examined. I had never seen him before—the box was a biscuitbox of no particular value—he did not try to run away.
FREDERICK GEORGE CUMMINGS . On 28th August, about 1 o'clock, a man came to buy half a peck of oats—he tendered half a sovereign, and I gave him the change—about 2 o'clock a man drove up in a trap and called me outside, and as I was speaking to him about supplying him with forage I heard my sister—in—law scream out—I ran into the shop, and found my sister—in—law holding the prisoner—she said she had found him in the back room—I asked him what he was doing there—he said he had come into there not to do any harm, and he wanted to buy two quarts of chicken's corn, and not seeing anybody in the shop, he went through—the parlour is our private apartment, we never allow customers there—I asked him his name, he paid "Tom Jones"—I gave him into custody—the man in the trap drove away.
Cross-examined. The prisoner must have seen me in front of the shop; he had to open the door to go into the parlour, and he had fastened it back.
WILLIAM HODGE (Policeman P 899). On taking the prisoner to the police—court on the 29th of August, I asked him if he had given his correct name and address—he said he had—he further said he went there with the intention of stealing the cash—box, but he took the wrong one.
GUILTY . He also PLEADED GUILTY to having been convicted at Wand worth police—court on 27th December, 1877.
JAMES GURNEY . I am a grocer at 97, Old Ford Road—on the 8th of August, at about 11 o'clock in the morning, a man came into my shop and bought a quarter of a pound of cooked ham, and tendered a sovereign in payment—I went into the pantry and fetched the change out of my cash—box, which I then put on the desk—about half an hour afterwards a man drove up in a trap and called me out to speak to me—I remained in conversation with him two or three minutes—while talking the prisoner passed me in the direction of my side door with a black bag in his hand—he walked about 200 yards—the trap drove away and I saw him again in the trap with the other man, and both drove away—I had
occasion to go to my cash—box five or ten minutes afterwards, and it was gone—it contained 35l. in money and a cheque for 8l. 6d. 8d.—this black bag (produced) is exactly similar to the one the prisoner was carrying—I made inquiries at the address where I was to have sent the goods to that were ordered, and found that no one lived there—I gave information to the police and subsequently saw the prisoner in custody.
GUILTY .*— Five Years' Penal Servitude.
960. THOMAS COKER (38), JOSEPH VALENTINE PARKER (41), and DAVID MOORE (36) , Stealing 10 cvrt. of coffee sweepings and 10 bags of the St. Katherine's Dock Company, the masters of Coker, from a dock adjacent to the Thames.
MESSRS. GRAIN and WOODFALL Prosecuted; MR. BURNIE appeared for Coker, and MR. GRUBB for Moore.
THOMAS GRIGG (Dock Police Superintendent) On 7th September I was at the Royal Albert Dock, and had an interview with Coker, who was warehouse foreman in charge of No. 18 shed—Mr. Williams said that something had sprung up in reference to some bags of coffee which might turn out a serious matter, and whatever he had to say he had better be cautious—he said "Well, I will tell the whole truth," and went on to say that two or three weeks before August 1st Mr. Furlong, the principal officer of H.M. Customs, came into the shed"—he said 'If you have any coffee sweepings here you had better get rid of them as soon as you can, otherwise there will be a bother about them.' I then went and searched the shed and found 10 bags, which I put into a railway truck to take to the kiln at Victoria Dock to be destroyed, and on the way home I met Moore and told him what I had done and how I was situated. He said 'Don't destroy it; I think I can get a customer for it.' I handed it to Moore with a ticket bearing the number of the truck, and left the matter in his hands"—Moore is a clerk in the Great Eastern Railway Company, and represents them at the Albert Dock—Coker said "I was ashamed of the transaction and did not say anything to my superiors about it"—he also said "I have seen Mr. Wilmot, and what I told him was a lie."
Cross-examined by MR. BURNIE. Mr. Norman was also with us—Mr. Williams took a note of the conversation at the time—I told Coker when I went in that I was superintendent of the dock police, and said" It is a very serious matter, as most possibly what you say may be used in evidence in the matter"—I did not say "against you" or tell him that he would be charged—there was really no examination, because he volunteered the statement—he may have said "I will tell you all about it," and not "I will tell you the whole truth"—condemned goods are sent to the kiln to be destroyed—the coffee sweepings are collected from the ships and distributed to different merchants—a truck going from No. 18 shed out of the dock would not go within 500 yards of the kilo, but a branch line goes round the kiln—Coker did not say that he told that story to Mr. Wilmot in order not to get Moore into trouble, as Moore had lent him the truck—ten bags of coffee would weigh about 10cwt.
Cross-examined by MR. GRUBB. The sweepings are good coffee, I should say there is not lib of dirt in 1 cwt.—I never heard of sweepings being sent to the kiln to be destroyed.
Re-examined. I hare been in the docks twenty years—these sweepings ire worth 30l., they are put together and apportioned among the different consignees.
WALTER FURLONG . I am acting surveyor of Her Majesty's Customs at the Royal Victoria and Albert Docks—it is absolutely false that I saw Coker two or three weeks before August 1, and said "You have some coffee sweepings here, you must get rid of them as soon as you can or there will be a bother about it"—I never said anything about burning them or sending them to the kiln.
Cross-examined by MR. BURNIE. If they are in bond and the duty is not paid they are sometimes destroyed—I know Alfred Pentick, he is in the Customs, he was away at this time and I took his place—I did not tell Coker that Mr. Pentick would be back next week to take my place and would not like sweepings about—I sometimes see 300 people in the docks in a day, but I do not speak to two score.
Re-examined. I have no power to condemn sweepings, only the Board of Customs can do that.
HENRY REDWAY . I am a number taker of the railway trucks which arrive and leave the docks—on 1st August I was on duty from noon to midnight, and took the number of truck 11575, which was a Great Eastern truck, consigned to Bishopesgate Street—I entered it in my book, which is here.
Cross-examined by MR. BURNIE. There is no line of railway past the kiln, but there is a siding—the truck was labelled for Bishopsgate Street.
THOMAS JAMES RAWLINGS . I am a checker in the service of the Great Eastern Bail way at Bishopsgate Street station—on 2nd August, in the morning, I received ten bags of coffee in truck 11575 and this invoice, which I took in my hand and checked the goods by it and directed them to be handed over to Mr. Peachy, the lock—up foreman.
CHARLES ABBOTT . I am a delivery clerk at the Great Eastern Railway, Bishopsgate Street—Parker is depot clerk there, it is his duty to look after the delivery of goods and collect the charges for them—he came to me on 2nd August about 6.45 a.m., and asked if I had seen a consignment of coffee from the Victoria Docks—I ran through a bundle of invoices in my hand and came across this one (produced) and asked him if that was the one he wanted—he said "Yes, they are for a friend of mine, let me have the advice note"—I then made out this advice note (produced) and handed it to him, and he went away with it—the goods were consigned to Mr. Morrison—there was no name of Tawney or Morrison on it then—about 9 o'clock Parker came back with another man, who presented this as it is now, "Please deliver the above goods to J. Tawney or bearer, Signed, Morrison"—I made out this delivery note for the ten bags of coffee and addressed it to Peachy, the lock-up foreman, signing my initials that gave him the right to get the goods at any time that day, and if he did not he would have to come for a fresh order—the man who accompanied him paid 5s. 8d. charges, and signed the book J. Tawney.
Cross-examined by Parker. You wore not present the whole time—you asked me whether I had seen any coffee from the Victoria Docks—I do not think you could have got the goods personally with that delivery order, but Tawney could—I gave a receipt for the 5s. 8d.—it was not refunded to the man who paid it to my knowledge—I paid it in at the end of the day.
WILLIAM JONES . I am a grocer, of Albert Road, Dalston—I have known Parker four or five years; he was a clerk on the Great Eastern Railway—I have had dealings with him—when he said that they had certain goods I went to see them—sometimes they had butter—I paid Parker the money—he never gave me a receipt—I always made out my cheque to the company—early in July I received a letter from him which I have looked for and cannot find, I suppose it is destroyed; it was, "Please call, I have a sample of coffee from a friend that may be worth your while"—I then went to Parker's office; he sent his clerk to get a sample and said, "A friend of mine has been speculating in a rummage sale and bought some coffee, is it worth 1s. per pound?"—I looked at it and laughed and said, "I should be sorry to give you half for it"—it was royal sweepings, and not suitable for home consumption, and the quantity being small it would be difficult to sell; it was in 10 bags, and it was for export—I said, "I would rather have nothing to do with it," and left—I do not export at all—on 3rd August I received another letter asking me to come and look at 10 bags of coffee—I did not go, and on 4th August I received this letter (Asking the witness to call at the station at 10 or 10.30, as the 10 bags of coffee had arrived and must be sold at a great sacrifice)—I went to Parker's office, who said, "I have sold the coffee, but the party has not fetched it away; he does not care for it or has not got the money, if you like to have it for the same you can"—I said, "I don't care to have anything to do with it"—he said, "Come on to the bank and see it"—he took me to Mr. Peachy and said, "Mr. Jones wants to see the 10 bags of coffee, will you show them to him?"——he did so; there were 10 bags tied up at the mouth; he opened them and gave me a small bit out of each—I said that I would take them, and Mr. Parker wrote out this receipt: "Received 100l. for coffee sweepings. For D. Moir, Joseph Parker"—I gave him this cheque, and it has been cashed by my bank—it is "Pay John Parker," because he was going to get it changed to pay me something—lie then said, "I am going on my holidays, and when you want the coffee send your order and they will act on that"—he gave me a delivery order, I did not notice what it was, I think this is it—I see by my pass—book that the cheque was cashed the same day—he said that his friend T. Moore had given 15l. for it, and if he had made a mistake he must lose by it—I sold the coffee a fortnight afterwards to Mr. Fleet, of Fenchurch Street, for, I think, 19l. 13s. 3d.—I had given 13l. for it.
Cross—examined by Parker. In all the transactions I have had with you I found you honest.
JOSEPH CHARLES JOHNSON . I am a warehouse keeper at the Albert Docks, and have charge of sheds 14,16, and 18—Coker was my foreman, and acted under my orders—he had no right to deliver goods, that was the delivery foreman's duty when proper tickets were presented—Coker had no right to give tickets containing the numbers of the trucks to Moore or any one—I have had no order for the delivery of these 10 bags of coffee sweepings, nor can I find any consignment note; if there had been it would have gone through the ledger in the proper way—it was the delivery foreman's duty to make out the delivery note, and Moore would have no authority to act without it.
Cross—examined by MR. BURNIE. Tea—sweepings are sent to be destroyed when they are not claimed, but not coffee—sweepings; they would go into the Victoria Dock and be warehoused in bond, as this is not a bonding
dock—Coker has sent parcels of tea to be destroyed, but he must consult me or one of the specials—tea has to go to the kiln in charge of a Customs officer—there are no papers or documents—I never had sufficient to go on a railway truck—it would require a Special Board's order to destroy 10 cwt.
Re-examined. They do not keep a kiln at Bishopsgate Street destroy coffee.
WILLIAM GIRLING (Detective Officer). On 23rd September, at 9 p.m., I took Moore at Barking Railway Station—I read the warrant to him; he said "I know nothing about it, I have been let in the hole"—I took Parker at 11.10 the same day going to his house at Forest Gate—I read the warrant to him; he said "I know nothing about it; I am as innocent as you standing by my side; I have been to my solicitor, Mr. Atkinson, and I was going to surrender myself by his advice to-morrow morning"—I took Coker the next day, and read the warrant to him; he said "I know nothing about it."
Cross-examined by MR. BURNIE. Coker was with Earl, the dock constable, who I have not seen here—after the interview of 7th September Coker was suspended—I do not know that he came and surrendered himself, I was away.
HARVEY WILMOT . I am district goods manager at the Great Eastern Railway, Bishopsgate—Parker was depot clerk there—Moore was goods agent or clerk in charge at the Royal Albert Dock—about 28th August I received information from Mr. Jones about 10 bags of coffee sweepings; I made inquiries, and on 31st August saw Moore at Bishopsgate—I told him I wanted to know how it was he had anything to do with this coffee, and who the sender was; he said that the sender was a man who had bought it from a rummage sale, and had given "13l." or "15l. for it"—I said that there was something very suspicious about it, and it looked very much as if it was stolen, and he must produce the sender to me, otherwise I must suspend him—I am rather confused, as there were so many interviews, and it is difficult to fix dates; I have some pencil memoranda here—I had another interview with him next day, when he produced the sender, and said that what he had said before was untrue, that Coker was the man who told him the coffee sweepings had been ordered away by the Customs, and he had sent them to London to a friend of his named Parker to dispose of for us—Coker came in then, I think, and said "They were given to me by the mate of the steamer" (the Clyde I think he said); "I saw Moore and asked him to dispose of them"—Moore was present, and said that he was to have part of the proceeds—I think he said that they were to pay Parker a small portion for expenses, and the proceeds were to be divided between three, but afterwards he added that they were to be divided between Moore and himself, and Parker was to have his expenses—I saw Parker on 3rd September; he said "I know nothing about it, I had the coffee and sold it, but I know nothing about having half of the profits, that is not true"—I said that I had ascertained that the consignee's name was Morrison, and said "Why did you give it in the name of Morrison?" he said "To avoid any difficulty with the Company, because they do not allow any servants to trade"—I then showed him the advice note B and the signatures of Morrison and Tawney; he said that they were both his writing—I do
not think there is such a person as Morrison—this invoice from the docks is Moore's writing—that first raised my suspicions, because he so seldom invoiced any goods himself, his clerks did it—they would have to be made on that consignment note coming from the shed, and the clerk would make it out from the consignment note—I asked Moore for the consignment note; he said that it was on the file at his office at the docks—I caused a careful search to be made of the office and the files for a week or two, and then told him I could not find it—he then said that there was no note—this letter (produced) is in Parker's writing.
Cross-examined by MR. BURNIE. I made these notes at the time, and one of my clerks copied them—it was 4th September that Coker came; that was after I told Moore that he must bring the sender—I only had that one interview with Coker—I do not think he was present when Moore spoke about the three dividing the money, but Moore denied that afterwards in Coker's presence, and after that they both denied that the proceeds were to be divided into three—they told so many lies that they contradicted themselves often—he was there about an hour and a half, and I was asking questions a good deal of the time—I was cross-examining them to get at the facts—I found that two public companies were interested—I said that it seemed that they were both implicated in denling with stolen property, and I should have to take steps to bring them to the dock.
Cross-examined by MR. GRUBB. I have been about nineteen years in the service of the Great Eastern Railway Company—Moore has been there since 1871, and had been a very excellent servant up to that time, and I was very sorry to hear of it—I have been the means of promoting him several times—he has a wife and family.
Cross-examined by Parker. Coker said that he knew nothing of the manner in which the coffee was obtained, and Moore said so as well; that is why I did not discharge you, but suspended you—I was satisfied that you were perfectly innocent, and we kept you in the service till you were apprehended—I remember a conversation about a warrant being issued, and a remark was made that it was on your conscience or you would not have gone to the solicitor—you gave me some letters and receipts—a letter from Moore, saying "I enclose copy invoice," is in Court, and on that is the receipt for. the 5s. 8d.—I have got a letter from Moore in which he says, "I send 15l. to clear all expenses, but it is actually worth 20l. to 25l., and another in which he says "I will make things right," and one from Mr. Jones, dated 24th July, in which he says that the coffee is not good enough for the price—I always found you honest and straightforward or I should not have put you in the position of trust you were in—I investigated the case myself, and was perfectly satisfied you were innocent, or I should have discharged you, but I reinstated you in a similar position.
Re-examined. Parker gave me 13l. a day or two afterwards, and said that it was the proceeds of the coffee—he had not destroyed it—I said that I must have the money, and asked him if he had got it—he said that he had, or that he could get it, and he brought it next day—I got the receipt either from Parker or Jones, the buyer of the coffee. (Mr. Jones here stated that he believed he had never seen the receipt before, and had nothing to do with the 5s. 8d.)—the name of the person who is said to have paid the 5s. 8d is Morrison, and the receipt is given in the name of Abbott by Alfred Howard—I do not know who he is, nor can I say anything about the writing; I only know that our clerks had got the money—this was a
transfer by Morrison to Tawney, and it was supposed that the person to whom the goods were transferred would pay the 5s. 8d., but I never saw the writing across; a great many marks are put on the back and front which I do not take notice of—I suppose Parker wanted the receipt because he had to refund the money to Alfred Howard, not to the Company, and therefore I did not know anything about it.
Parker in his defence, stated that he met Moore, who asked if he knew any one who would buy some coffee, as he and a friend had been speculating at a rummage sale, which had cost 13l.110s., and 7l. of it was out of his own pocket, and he was going for a holiday, and wanted to get his money back, and sent him (Parker) a sample next morning, which he showed to Mr. Jones, who declined it on account of the price, and afterwards to Mr. Tawney, who got Mr. Howard to buy it for 13l.; that it was very dirty and mixed with tar and rope. He denied suggesting the name of Morrison, and stated that when the coffee arrived Mr. Howard paid the 5s. 8d.; but when he saw the bulk he would have nothing to do with it, and wanted his money back, and it was refunded by Tawney, hence the marks across the note; that when the invoice came back he, Parker, signed it as Morrison that it should not be known that he was trading, but he did not imagine that a man like Moore had not come by it honestly.
COKER received a good character.— GUILTY .— Fifteen Months' Hard Labour.
MOORE— GUILTY .— Twelve Months'Hard Labour.
PARKER— NOT GUILTY .
961. JOSEPH VALENTINE PARKER was again indicted for feloniously forging and uttering an order for the delivery of 10 bags of coffee, with intent to defraud. MR. GRAIN, for the Prosecution, offered no evidence.
NOT GUILTY .
Before Mr. Common Serjeant.
Before Rofert Malcolm Kerr, Esq.
963. HANNAH BURLINGHAM (24) PLEADED GUILTY to obtaining by false pretences from Charles Stallworthy 12 pairs of boots, with intent to defraud; also to obtaining by false pretences from Clara Southin three pairs of boots, with intent to defraud.— Twelve Months' Hard Labour.
Before Mr. Justice Denman.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. GEOGHEGAN Defended.
RICHARD COLE . I live at Pridham Road, West Croydon—I am about 14 years of age; the prisoner is my father—in August last I was living with him and my mother at Croydon—I had a little brother named Thomas, who lived with us—he was three years and about eight months old—we had four rooms where we lived, the street-door opened from the road directly into one of the rooms—my father is a brickmaker and
labourer—he had been out of work for some time—mother used to work mending chairs, and I used to assist her—on Sunday, the 19th of August, I went out about 10 o'clock in the morning and came home about 7 o'clock at night—my mother and father were in the front room downstairs when I came home, my little brother was having his tea in the same room with them; they were having their tea—after my father had had his tea he undressed my little brother and put him to bed—when he was in bed mother and father went to bed too—father went to bed first—before they went to bed they had been quarrelling—father said "I will give you something for putting people on to me, putting people in the cupboards, and for putting men under the stairs and putting men in the cupboard to tease me, and trying to poison me"—after that they went to bed quietly—mother didn't say anything to him—he woke up in about an hour and screamed out; he made a noise like a squeak—mother sat up and held him down—then he said "Hark, can't you hear it?"—she said "No"—then he said "There, can't you hear it now?" and then she said "Yes, I can hear it"—she said that to quiet him; then she got up and went out of the house—before she went she said to him "I am frightened to stop in the house with you"—I was in the same room with them at this time—I was not in bed, my bed is upstairs—my little brother was in bed and asleep in the same bed as my father—father told me to go outside and tell my mother to come in—he was just getting up then—he had get his trousers and waistcoat on—he had taken them off and put them on again—I went out and saw my mother and she came in—that was about half-past nine—I did not go back—I saw from where I was what my father was doing—I was between our gate and Mrs. Harding's gate, that was next door—I came back with my mother, and I saw my father with my little brother by the legs; he was in the front room below, not in the bedroom—he was holding my brother by both legs, with his head down—he had one hand hold of each leg—my mother screamed and said "Oh, Jim, what are you doing?" and she pushed him away from my little brother, and got hold of my brother and laid him down on the bed—she then went to the door and began crying—father sat down on a chair, he didn't say anything—then she heard a noise like something thumping on the floor—I heard it too—we both stood at the door, father was then sitting down—I had left him sitting down—the thumping was a noise as if somebody was being knocked on the floor once, and I saw it—it was the child's head—my mother ran and stood at the door—he hit my little brother once more on the floor—he had got hold of him by his heels with his head hanging down—he had him with both hands, and hit him once more on the floor—he threw him over his shoulder and his head hit on the floor—he dashed it on the floor—he did it so (describing)—it was the right side of the head that struck the floor—that was done twice—I heard it once, and saw it once—then my mother screamed out "Murder," and Mr. Gilbert came to the door and pulled my father out—the child was then lying on the floor, he had dropped it—my mother picked the child up and ran with it to Mrs. Harding—father ran out of the door up the road as fast as he could run, and Mr. Gilbert after him—they turned the corner, and I saw no more of them—I went into Mrs. Harding's and saw my mother and the baby there—his little eyes were cut all round and a little black—I saw no more of my father that night—I did not hear my father say anything to my mother about the baby on the previous day, or at any time before.
Cross-examined. My father usually called the baby Tom, he kissed him when he undressed him at night—he always appeared very fond of him—when mother took the baby away from him the first time he let her take it at once—when he ran away he had no hat, coat, or boots on—there were no men in the cupboard or under the floor—that was not the first time I had heard him say things like that—he has accused my mother of trying to poison him, he has said that people followed him about with a knife to kill him—I have heard him cry out in the middle of the night and say that people were in the house, and were trying to kill him—he would frequently scream out in the night for no reason—I remember his coming home once and telling mother that he could not get work because people used to mock him so—he said that people used to follow him about and mock him—he used to bring home bits of paper and say that people used to be writing about him to the newspaper, and he could not stand it any longer—he said he was sure people were going to poison him, because he had pains in his stomach—I did not know my uncles—my father had been out of work for some time—he was anxious to get work, and was cross because he could not get work—we were very poor.
By the COURT. The room in which I saw the baby swung round by my father was the same room in which father and mother went to bed; it was on the ground floor, next to the street.
By MR. GEOGHEGAN. I know that my father actually searched the cupboard on that day, and went under the stairs to see if there were men there—I saw him do so.
By the COURT. I was examined before the Coroner as well as before the Magistrate—he might have said something to my mother while I was out—I did hear him say something about taking her fife, and calling her a name; that was that same evening he said "You b—f—cow, I will take your life away," because he said people followed him about, and people were in the cupboard and keeping him without food—he said that he would take her life away before the night was out for keeping him without food all day—we had been scarce of food that day, mother had not been able to get any—I said before the Coroner that there was some filthy talk between them—that was something different to what I said just now—he said that she put men on to him, and that she had been naughty with other men; there was no foundation for that at all—mother had not behaved ill—father had sometimes said that he would not look for work; at other times he seemed sorry that he could not get work—I am sure that he did not say anything about the baby that day or the previous day—he said that he would take any little child's life away if mother went into the workhouse; he didn't say exactly our baby; he said any one else's, any child he got hold of—he said the first one he got hold of—he said if it was a little innocent he would take its life away—he said he would take any innocent child's life away; that was what I said before the Coroner—what I said before the Coroner was, "If you go into the workhouse I will kill a dear innocent baby"—he didn't say our baby—I didn't say that he did—he said that he would kill any dear little innocent to leave something on her mind—he said somebody else's child—my deposition was read over, and I signed it (The witness's deposition being read stated the words to be "If you go into the workhouse I will kill the dear innocent baby to leave something on your mind.") I did not say "The dear innocent baby;" I said "A dear innocent baby."
Croydon—on Sunday night, 19th August, I was coming up the Pridham Road, some woman stopped me, and my attention was attracted by cries of "Murder!" proceeding from the direction of the prisoner's house—I at once rushed to the front of the house, and I saw the prisoner having hold of the legs of a child in the action of throwing it against the wall—I was looking through the doorway; the door was open—he had the child by its legs in the action of swinging it against the wall—it might have touched the floor at the same time, I can't say—the head hit the wall, that I saw—the boy was standing in the front garden—Mrs. Cole was struggling with the prisoner in the front room; she had hold of him; I could not say in what way—the child went on to the floor—I could not see whether she took it up—I took hold of the prisoner and pulled him outside the front door—he struggled with me, and as we struggled I struck him a blow; he twisted round, and got away from me, and ran up to Mr. Knight—I did not hear what he said to Knight—I did not see him taken into custody—I went back to the house, the child was then in Mrs. Harding's—the prisoner seemed sober.
Cross-examined. He had no boots, coat, or hat on.
HARRIET HARDING. I am the wife of Richard Harding, of 11, Pridham Road West, next door to the prisoner's—on Sunday, 19th August, about 20 minutes past 10, I was standing at my door—I have known the prisoner, his wife, and children for some time—when I was standing there I saw the prisoner—I heard him when his wife went in, but I did not hear him before—I could not understand the words he said; he was mumbling to his wife—I heard her say to him "Good God, Jim, what are you doing of? you have got my dear baby by the heels, as if you were going to dash its little brains out"—I never heard him make any answer—nothing more was said for a little time—a little while afterwards I heard her say "Oh, he has murdered my baby," and I saw Gilbert pull the prisoner out of his gate by the back of his neck—Mrs. Cole was inside—I then went in and was going to pick the child up at the same time as Mrs. Cole, but I drew my hands back, as she was the mother—I saw her take it up—we could not tell whether it was alive or not till I got it into my house, because it was dark—it was lying lifeless like; it did not cry at all—I saw that it was bleeding when I got it in my house—I washed it and attended to it till its death—the doctor came and saw it; it was quite senseless—I sat up all night with it, me and my mother; it remained senseless—it had convulsion fits for about two hours, it might be more—it died about 25 minutes past 7 the following morning—I had not known the child very long—the woman came to live by the side of me about three months, that was how I knew it—it used to play out in the street along with my children—it was playing out on the Sunday; it was all right on the Sunday afternoon—that was the last time I saw it, out in the back yard—on the night before this occurred I heard the wife say in the prisoner's presence "What am I to do? I have been to bed and I am obliged to get up, and the language is dreadful; if I go upstairs you are after me, if I go back into the back yard you are after me, and what am I to do?"—I had heard bad language used by him throughout the day—he called his wife a "b—f—mare" and a "b—f—cow," and such words as that, bad names, as if she had been a bad woman—I did not know enough of them to know if there was any foundation for that—I believe the woman to be a very respectable woman as far as I have known her, and I have known her a good many years
work hard for a living and try her best for her family when he has been away from her, and when he has been at home she has done her utmost—I sever saw her intoxicated—I never saw any signs of her being unfaithful to him, not the slightest—there was nobody in the house except herself, her husband, and their family—she kept to herself—if he thought she was treating him badly as a wife he was altogether mistaken, as far as I saw—I never heard him charge her with having men in the house—when she said this about having been to bed she was crying, and she said she supposed she should have to stop there all night—I had spoken to him that afternoon about his bad language—he had been using bad language out in the back yard—I told him he ought to know better than to call a woman such dreadful names, and it was not right—he told me to mind my own business, and sooner than a woman should do as she liked, he would sooner settle the lot—I should think it was about 4 o'clock in the afternoon when he said that; he was out in the back yard calling his wife bad names—I had heard him at other times, but not seen him—I could hear them in the house when he was at home—he was not a quiet man—I heard quarrelling the whole of Sunday and I heard the little dear say "Don't cry, don't cry, mamma, I cry too"—those were the last words I heard the little dear say to the mother.
Cross-examined. What he said was "Rather than they should do as they like I would settle the lot"—I don't know that he used to fall into fearful passions without any reason—I know he is a very passionate man, for what reason I don't know—he was not very violent without cause—I was examined before the Mayor at Croydon—I might have said then "I believe him often to be violent without any cause"—I believe he was very passionate, and I don't believe he had any reason to be passionate with his wife—he did fall into passions—his wife has been to my knowledge and to the knowledge of the neighbours a hard-working woman and a faithful wife—if he had an idea of her being unfaithful it was pure delusion on his part—it might have been an interval of 10 minutes between the time of her saying "He is holding my baby by the legs" and her saying "He is murdering my baby."
THOMAS KNIGHT . I am a brickmaker and live at Holloway Road, Thornton Heath—I have known the prisoner about 14 years—on this Sunday night, about half-past 10, I was going down a road near the prisoner's house and saw him running up the road towards me—he said "I have murdered my child"—I had stopped him when I saw him running; I ran after him—I told him I should take him to a policeman, and I kept him till a policeman came—he was sober—he went quietly with the constable.
Cross-examined. He ran straight up to me at first—I had caught hold of him when he said "I have murdered my child"—he did not struggle at all—he had run about 12 yards before I caught him—I have known him 14 years—I don't know whether he has been out of work recently—sometimes I have not seen him for 12 months, sometimes not for six months.
By the COURT. At first he was running towards me, and he went on running in the same direction, and as he was passing me he said "I have murdered my child," and I ran alter him and caught him.
WILLIAM MORTON (Policeman W 124). On Sunday night, 19th August, I saw the witness Knight holding the prisoner—Knight said that he saw the prisoner running up the road, that he heard cries of "Murder!"
and stopped him—I told him I should take him to the station on that charge till I had made further inquiry—he said "Don't get hold of me; I won't give you any trouble, I will go quietly"—he went quietly to the station—he was sober.
ROBERT BUTTERS (Police Inspector). I was sent for to the station when the prisoner was there—I went to the house and made inquiries—he was then charged with attempting to murder his son Thomas—the charge was read over to him; he made no reply—he was sober—next morning I heard that the child was dead—he was then charged with murdering the child—he made no reply then—I went to the prisoner's house on the Sunday night—there is a little garden in front; the gate is about eight feet from the door of the house, which opens into the road—the house was very poorly furnished; there was an old mattress on the floor—I saw one of the prisoner's boots lying at the foot of the mattress—there were no chairs—there was a shutter on bricks to make a place to sit down upon—about four inches from the boot there was a small quantity of blood on the floor, about the size of a crown piece.
Cross-examined. The walls are painted right down to the floor—there were no marks on them—I examined them thoroughly and saw no marks—a person passing down the street could see into the room.
MARTIN JACKSON . I am a registered medical practitioner—on Sunday night, 19th August, I was sent for to Mrs. Harding's; I got there about 11.10—I found the child there; it was unconscious, breathing quietly—there was a large bruise on the right side of the face, extending down to the cheek and up to the skull—on the right eye there was a small cut at the outer side—there was a bruise of the upper eyelid—the wound was a small one, bleeding just slightly—those were all the marks on the face and head—on the forearm there was a bruise, on the right forearm, and another on the front of the arm, and another small bruise on the left forearm—on the belly, the right side, and the side, there were streaks of dust, probably from the floor—there was a good deal of swelling, both on the head and face—there were no marks on the legs; I looked very carefully for marks on the legs, but found none—the child was unconscious, and died in about an hour and a half—it had no convulsions when I saw it first—I came back about 1 o'clock and remained with it till about 2.15, when it had convulsions and was sick and vomited some food; it remained unconscious all the time—I culled at 8 o'clock next morning and found it had just died—nothing more could have been done for it I think than was done—I made a post-mortem examination—the skull was not fractured—the cause of death in my judgment was concussion—if the child had come in contact with some plain hard substance, that would account for what I saw.
By the COURT. If it had been swung round by the legs and its head dashed against the wall or floor, that would account for what I saw and for the death—the child was fairly nourished.
Cross-examined. The flesh of a child of that age would be very tender and very susceptible to a bruise; that was the reason why I looked at the legs—if a full-grown, strong man were to grasp a child round the ankles I should expect to find marks, and for that reason I looked—it would depend on the amount of force with which it was caught round there.
Prison, Clerkenwell—the prisoner has been in that prison since 20th August last—I knew what the charge was against him—I have seen him frequently from time to time, and have talked to him and examined him—during the whole of that time in my judgment he was a man of sound mind and understanding—I saw him first on 21st August, and last yesterday—on the evening of 15th September he was violent; I saw him on that occasion and I had him removed to the padded cell—in my opinion on that occasion he was sane—I know of no cause for his violence on that occasion—he was kept in the padded cell till the morning of the 17th.
By the COURT. I saw the violence—I was passing his cell door, and heard a row in the cell—the prisoner was sitting up in bed with a pillow in his hands, which he was apparently going to throw at me—I called two warders—there was no violence, no row except the row which preceded me—that was something thrown at the door in the cell; not more than once—I saw him in the padded cell before I left the prison; he was then quite quiet; he did not throw the pillow at me; he was apparently going to do so—he did not say anything, he did not speak at all—the following morning he said he was sorry for what he had done, and wished to be removed from the padded cell—I did not have him removed—he was seen by my colleague on the following morning, and he was removed on the following morning.
Cross-examined. It was about half-past 8—I visit the prison every day; there are two of us, and we visit from 20 to 30 between us, not more I should think, generally between the hours of 10 and 1—the prisoner could hear me walking down the corridor in the evening—I think it was a can that he threw at the door—I asked him why he did it, but he did not answer—there were two warders with me—he did not speak to them while I was with them—he struggled a little against going to the padded cell—he was led by two warders—I have spoken to him in his cell—he obeyed the prison regulations—that is not one of the reasons why I think he is saue—he has not presented any symptoms, not any delusions—I have spoken to him on several topics—I have spoken to him for instance with regard to his imagining poison in his food—that was from information I had received from my colleague—he is not here to-day—I have asked him whether he heard voices in the air in the prison—that was not in consequence of anything my colleague told me, it was a question of my own, suggested to myself—my colleague had heard that he had suffered from the delusion about the poison, and I questioned him upon that matter—he knew I was the doctor attached to the prison—he had never presented these delusions in the prison—when I spoke to him about hearing noises, he said he used to think that he heard noises, and he used to search about the place to see if he could find any one—he spoke about people under the floor—I don't know that he said under the floor; he told me that he searched in the cupboard and under the bed in his own house for people he thought were there—he gave me no reason or idea why they were to come to his house; he did not seem to know—I don't think he ever told me that his wife was unfaithful—saying that people were in the cupboard and under the floor is not the remark of a sane man; I asked him in the prison if he thought so, and he said he did not—the same remark would apply to the poison—before he came into
the prison he was under the impression that people were trying to poison him—all I speak to as to his sanity is when he was in the prison.
Re-examined What I heard about the poison was what I heard outside the prison—he told me he used to think so—that was quite recently.
JOHN MOORE . I am chief warder of Her Majesty's Prison, Clerkenwell—I have seen the prisoner I may say daily since he came in on 20th August last—I have spoken to him from time to time, mostly daily, sometimes several times in a day, with the exception of 15th September, when he was violent—on all other occasions he appeared to be a sane man, as quiet and inoffensive a man as you would wish to have in the prison—like the other prisoners, he conformed strictly to the prison rules and conducted himself in a rational way—on 30th September, when he was violent, I saw him a short time after the occurrence—he was then apparently asleep.
Cross-examined. This is not the first time he has been in custody; he has been in on several occasions—he would know the routine of the prison—it was partly because he conformed to the rules that I considered that he was sane—I have never been over Broadmoor—I have had a great many lunatics under my charge in asylums—as chief warder I simply go round and visit the prisoners; I do not simply put in my head and say "Good morning"—I go in and take note of any application that they may wish to make—I ask if they have anything to complain of—I don't suppose that my conversation with the prisoner was at any time more than a minute or two in length, it was simply as a matter of duty—I never spoke to him about voices in the air, or anything of that sort; I left him in the hands of the doctor—I have not heard of his being unable to sleep, he has always been reported to we by the night officer as having slept well.
WILLIAM HENRY LONG GILBERT . I am chaplain of Wandsworth Prison, and have been so for the last 16 years—I have known the prisoner on and off for about two years, my memory does not go back farther than that—I have seen him on and off when he has been in the prison as a matter of course when he comes in and also when he is discharged—the last time was on 24th August this year; he was discharged on the 25th—on those occasions when I saw him I should say that he was of perfectly sound mind and understanding—Dr. Winter, the medical officer, is on sick leave.
Cross-examined. I am not aware that a convict of the name of Gouldstone was under my care—I do not visit all the prisoners daily, that would be impossible—I and my colleague visit them as we can, it depends whether they are under a long or short sentence; probably if a prisoner was there for 18 months we should see him once a fortnight—the questions between us would not be purely religious—there is a library attached to the prison, and we determine what books the prisoners may have and what not—I have no idea of this man's reading—I think his sentences were very short—if a man was there seven days I should see him when he came in and when he came out—a six months' man I should see probably three or four times, and probably my colleague would see him the same number of times—perhaps each visit would be a quarter of an hour—upon the topics of which the prisoner spoke I considered him sane—the subjects of his delusions were not mentioned to me at all.
CHARLES JAMES HENRY SMTH . I live at 7, Durham Terrace, Westbourne Park—I am a B.A. and M.R.C.S.—in May, 1879, I was parish surgeon at South Norwood—I attended the prisoner's wife about 31st May—she asked me to see her husband; I cannot recollect the precise tools she used, but it was to the effect that she was afraid of him—I did see him; I found no symptoms of insanity about him at that time—I only saw him on that occasion, and only for a few minutes, five or ten minutes, I cannot recollect precisely—he was not sober, he was suffering from the effects of drink; that is as far as I can recollect, I cannot say more—I saw him again on 23rd August in the same year, two or three times, 'I think; that was by an order by the parish—on those occasions I saw no symptoms of insanity about him.
Cross-examined. I do not recollect on one occasion taking from him a heavy iron boot—I may have stated that I took from him a heavy iron boot which he had seized in order to defend himself from persons who he thought were going to injure him; I don't recollect it; my mind is an entire blank on the subject—when I send a person to the workhouse infirmary I send a certificate; we are bound to do so—I cannot recollect certifying this man's disease to be mental—it is four years and a half ago since the events occurred, and I see so many patients that it is impossible to recollect—I have recollected the dates because I have looked them up in my private books—I recollect the fact of my sending him to the work-house infirmary because he was violent and his wife was frightened of him, but these symptoms were the result of drink, not insanity—I am perfectly sure that I then formed a judgment that he was not labouring under insanity—I remember enough to say that—I might have told his wife that he was wrong in the Road—I might have signed the certificate that the disease was mental—I didn't do so on the second occasion in July; I am sure of that—it was because he was violent that I sent him to the infirmary; for this reason, from his poor circumstances he could not afford to have anyone to look after him, and his wife was in bed ill, and in danger that in his violence he might do something—it was not a case that I could have sent to an asylum because I did not consider him insane—I did not inform the police, because I found that when I did inform the police they would not take any action in the matter—I cannot say that his wife said that she went in fear of her life; she said she was frightened of him; she might have said that she went in bodily fear of him, I cannot say—I do not live near Croydom; I am in London now—I didn't hear while I was in Croydon that the prisoner fancied that people were trying to poison him—his wife didn't speak to me about it, or that people were trying to injure him—I cannot swear that I never took a boot from him, but I don't recollect it—he never told me to my knowledge that people were going about seeking to injure him—the two occasions I have spoken of lour years and a half, ago were the only two occasions on which I saw him.
The following Witnesses were called for the Defence:
CHARLES COLE . I live at Highfield, Southampton—I am brother of of the prisoner—my mother is living; she is over 80 years of age—I remember my uncles—John Cole was a butler; the other uncle was named James Cole—John Cole was in service—I never went to see him while he was in service nor afterwards; I didn't see him anywhere afterwards;
he was taken ill and died shortly after—I used to see Uncle James; he used to be postman at Southampton and the country villages round about—I remember his death; I was not in Southampton when he died, I was at Shirley—I went to Southampton after his death—he was taken ill and wandered away and was drowned in a state of insanity—I knew Richard Sharman, my first cousin, and George Meisselthwaithe; he was a first cousin too; I never went to see them; my elder brother went to see them—he is not here—there is no one here who has seen them—I can make a little statement about my father; he died in a fit; I cannot tell you his age—it is a very long time ago, when my brother was an infant—my grandfather died in a fit and my grandmother died in a fit, and my elder brother was sent about with my father for years, because he was not safe to go about himself; I know that of my own knowledge—the prisoner has spoken to me about delusions—at one time about twenty years ago or more I met him in the street and he did not know me—I have only seen him once since twelve years ago, when he wandered away from our home and we had no idea where he had gone to—I have not seen, him since then till now.
Cross-examined. I have known the prisoner to have been excited very much—he did not know what he was doing very often.
By the COURT. I never knew him to drink, any more than a drop of ale in his work.
DR. THOMAS JACKSON . I am a M.R.C.S. and L.R.C.P., and am one of the Aldermen for the Borough of Croydon—Dr. Mark Jackon is my brother—during the last 18 months I have visited Bethlehem Hospital constantly—I first saw the prisoner on Tuesday last in Clerkenwell House of Detention—I was with him about three-quarters of an hour—I conversed with him all the time, perhaps about a thousand and one topics.
Q. What impression did that interview leave on your mind as to his sanity?—A. I am quite certain that he is a typical lunatic, with dangerous delusions; those delusions have been of long standing; he has also illusions—that is, he hears noises, and has done for years past; and if one may accept his own testimony, he suffers, and has done for many years, from sleeplessness, and pains in his head and pains in his stomach.
Cross-examined. Mr. Morgan, one of the surgeons of the prison, was present when I saw the prisoner—I wished to see him with Dr. Treadwell—I wrote to him to meet me, and he wrote to say that either he or Dr Morgan would meet me—Dr. Morgan sat at the table and I examined the prisoner in his presence and one of the warder's—I did not tell him that I was his friend, I told him that I was a doctor—I did not tell him that I had come to examine him as to the state of his mind; I told him I was a friend of his wife's and that I had come to see him—I gave him no leading questions. Q. Apart from these delusions, if he were a free man now, have you any doubt that he would be able to get his living and conduct himself as a sane man?—A. He could not, and no parish doctor ought to allow him at large; I don't think he could get his living by work and conduct himself as a sane man; he might for a time, for a week, or it might be longer, but he would find himself physically incapable I believe at the present moment; I don't think he would have the strength, he is in a depressed nervous condition in every respect—he quite understood all I said to him, and gave rational answers to my questions, as they nearly always do in that state of mind.
By the COURT. I have no note of what I asked him and what he said—I did not take any note in my interview with him, I did of previous inquiries which I had made of his friends-what passed between me and him is fresh in my memory—I did not ask him a word about his trial—I wanted to get at the question about poisoning—I asked him first "Has any one tried to injure you?"—he said "I have thought so"—"Has any one ever tried to hang you?"—"No"—"Has any one ever tried to out your throat?"—"No"—"Has any one tried to drown you or to throw you into a pond?"—"No"—"Has any one ever tried to poison you?"—"I have thought so"—"When?"—"A good many times"—"Has it ever been since you have been in the prison?"—"No"—"When was it"—"Well, many times when I have been at home; I have many times sent my wife out of the room and changed the cup of tea and taken hers and given her mine"—I said "Why did you do that?"—he said "Because I was afraid she was trying to poison me"—I said "Did you really believe it?"—he said "I could not believe she could, but I used to fancy so"—I said "What made you think that?"—"Because I used to think she was setting men to follow me wherever I went, and that she used to pinch me in the bed"—and in the night I found that he had a typical fit, one of those frightful fits the boy has spoken of; that he would shout out—he told me this, that he used to wake up and fancy some one was murdering him, and then I got a description from himself corresponding exactly with what I had got from his wife; he would tremble all over and then break out into a furious state of perspiration—he also said that people were writing in the newspapers about him—he did not say that he believed all this in the gaol, but that he had at one time thought so; he also said that he had searched the cupboard on the very Sunday of the murder, but his mind was really a blank as to the after part of the day, even as to bruising the child and tossing it; he could not remember anything of that—then he had these pains in his stomach, and he used to think that was due to the poison—he said that his food was being drugged—he had only been out of prison three weeks, and he said he felt so prostrate that he could not do work, and when he did seek for work people often mocked him, and set themselves, as he put it, against him—he said he used to think so—I did not lead him by questions, because I have no interests in this matter but those of justice.
By MR. POLAND. I think I have stated the main facts—he acknowledged that he drank occasionally, but he told me that if he drank now, even a pint, and sometimes half a pint, he lost his senses in a moment and did not know where he was or what he was doing—he told me that he had been in prison over and over again for violence, he did not say for drunkenness—I asked him what it was for—he said on one occasion his wife was feeding one of the children and he thought she was about doing something against him, and he hit her with the spoon and cracked her skull, and she is insensible along that side of the head at the present moment, for I have examined her—he told me he was in prison for violence, he did not tell me it was for drunkenness; I don't know what he was in for—he told me he had been drunk; I don't know that he used the expression, "over and over again"—I don't remember the expression that he had been a hard drinker for years—I said, "I suppose you get drunk occasionally?"—he said, "Yes,
but I find now that a very little makes me lose my senses in a moment"—everything he told me corroborated all I had heard from the neighbours, his wife, and family—I took the case up because I felt what it was from the first moment I was called to the child—his wife was in such a passion with him, and so were the neighbours, that I took the opportunity to make notes, and I felt sure that proper investigation would bring out the fact that his mind was not right; I felt sure that he was insane before I went to the prison; I felt thoroughly convinced that he was insane if the information given me was true, and I went to the prison to test that information—I wrote purposely for permission to have the interview with him—I did not go with a prejudiced mind; I had certain information, which I had got at great trouble—I have no doubt that he knows now that he is being tried for murder, but the insane know a great deal—I expect that he knows at this moment that the punishment following upon murder is death; I don't believe he knew it on that Sunday night—I asked him as to what he had done on that Sunday night—I said, "How could you do that act to your little child?"—he did not answer—then I said, "Did you undress Tommy that night?"—he said, "I don't know"—his wife had told me that he had undressed him and nursed him—I said, "Did you cuddle the child?" because that was the expression used—he said, "I don't remember it"—I said, "Did you nurse him?"—he said, "I don't remember, but as I generally had him on my knee when I was indoors I expect I did"—I did not ask him whether he had got into a violent passion that night—he told me that he and his wife had had high words; he thought that she then was hiding people upstairs and down in the cupboard and under the floor—I am afraid I did not ask him what they had been having words about; he told me he thought she was worrying him continually—he did not remember about the food he had that day, he could not remember what he had had for dinner or tea.
By the COURT. I asked him why he did it to the poor little fellow; I put it in that way, I did not use any expression, I did not like to use the word" murder" to him—he would not answer—I don't know what answer he would have given if I had said, "How did you destroy the life of your child?"—if I had he might have told me all about it, I cannot tell; I waited and asked him two or three times, but he said nothing—then I tried to lead him up to the question, how about the surroundings, such as his nursing it—I did not ask him any question as to why he did the act, or how, or anything of that kind, I asked him whether any one had been pursuing him that day, but I did not ask him that.
By MR. POLAND. I went to the prison with the firm conviction that the prisoner was n type of a certain form of insanity, from the investigations I had made—I would stake my reputation that he is a typically insane and dangerous man—I went to try and prevent a miscarriage of justice, and from no other motive whatever.
Re-examined. The reason I came here to-day is because I had a letter asking me to come—I say that no parish doctor ought to allow him to be abroad, because he is dangerous; if he were released to-morrow these delusions would follow him wherever he went, it is merely a matter of time—it was a matter of chance that his wife was not killed last year--of course he is better at times than at others—if he had two or three nights of continuous sleeplessness he would be dangerous—I had certain information
in my mind, and went to the prison to test the truth of it by an examination of the prisoner.
By the COURT. If he had admitted the state of things to be as I had heard, after a proper examination without any leading questions, then in my judgment he was insane at the time and not responsible for his actions—I formed my judgment beforehand on what I had heard, but went to test those facts by examining him.
GUILTY— DEATH .
MR. BEARD Prosecuted.
EDWARD JOLLEY . I am an omnibus driver and live at Brixton Road—on the 7th of September, about quarter past one in the day, I was driving an omnibus in Gordon Grove, Camberwell—I saw a van about 50 yards in front of me driven by the prisoner—he was going at about seven miles an hour—I saw the wheels go over a boy—I called to the prisoner to stop, and said "See what you have done, you have killed that boy"—he partly pulled up—I pulled my bus in front of his van and went and got a policeman—it was a ginger-beer van, he was standing up in it and the bottles were packed round—I rather thought he was drunk—he mumbled something, I could not understand what it was—the boy that was run over was about five years old—he was alone—he was on the near side, about three feet from the kerb—the prisoner was on his right side—I don't know whether the boy came off the pavement—I really don't know how it happened.
WILLIAM CROWHURST . I was van boy with the prisoner on this day—I saw a little boy crossing the road from the right side to the left—the prisoner tried to stop the horses—the near horse knocked the boy down and the wheels passed over him—the prisoner was drunk—he had been in a public-house in Lordship Lane for about half an hour—I had been driving the van previous to the accident, but the prisoner was driving at the time—the horses are rather hard-mouthed, they had got no breeching on—the prisoner was sitting on some boxes inside the van, not standing up—I had been driving because he fell asleep—he was reeling about when he came out of the public-house, and he took the reins away just as he got to the corner; he said he would chastise me in the morning because I told him to get a box down which he ought to have done; I was rather angry with him, and thought he behaved very badly—the van was fully loaded, and was a heavy van.
CORNELIUS JOHN HOW (Policeman P 583). In consequence of information from Jolley I went, and found the boy dead—I went to the top of the street, where the prisoner was with the van; he was drunk, he tried to drive away, I stopped him and took him to the station.
to me; he died a minute after I saw him—I found marks of bruises across his chest, and the ribs seemed to have been smashed in as if the wheels of a van had run over him—that would have caused his death.
The Prisoner's Statement before the Magistrate, "I deny being drunk, I excited."
NOT GUILTY .
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. CLUER Defended.
WILLIAM ALFRED BUTCHER . I live at 59, Denbigh Street, Balham—I work for Mr. Nash, greengrocer—on Thursday morning, 27th September, about 10 o'clock, I was in Ormley Road, Balham—I had been delivering some goods—I was near the unfinished works there—I saw a man striking another man on the ground, he was lying on his back on the ground across the footway—the man who was striking him was standing up and striking him across the head with what looked like an iron chisel—I could not say how many blows he struck, I should think about two or three that I saw—I saw two or three men come out from the buildings, one of them ran for a constable—I was about 20 or 30 yards off when I saw this being done—I ran up to the man who ran for the constable and said "I saw him do it"—I recognise the prisoner as the man who was striking the other man on the ground—I then went round to my master's—I did not hear anything before I saw this done—I had just come out from a house.
Cross-examined. I am sure I did not hear any talking between them—I was going towards the high road—the moment I came out of the house I saw the prisoner striking, and nothing else.
By the COURT. I didn't see enough of the man on the ground to notice whether he had anything in his hand.
CHARLES FREDERICK OUZMAN . I am a carpenter and joiner, and live at 1, Elm Place, Love Lane, Wandsworth—when this matter occurred I was in the employment of Mr. Bruton—I had been in the employment two years and a half—I knew the prisoner by working with him—he had been at work at this building of Mr. Bruton's—I saw him on this Thursday morning between 9 and 10 o'clock talking to young Mr. Bruton—I saw no more of him until I heard of the occurrence—I heard the prisoner calling out "Bill"—I knew his voice—I went down with William West, they call him Bill on the works—we went to where Mr. Bruton was lying, just inside the hoarding—he was lying on the ground, and was just breathing then—the prisoner was standing inside the hoarding, from 15 to 20 feet from him—he said "I have done it now"—I said "What?"—he said "Settled him"—I said "What with?"—he said "An iron chisel"—I afterwards saw the chisel, I did not see it picked up—I then went with the prisoner down the road to see a constable—I met one when we got to the coffee tavern at the top of the road—the prisoner said "Here is one down here," pointing to the constable—I walked with him to the constable and said "This man has committed a murder, I leave him in your charge"—the constable said "Where?" and we walked round to the unfinished building
where Mr. Bruton was lying—the constable then sent me for the doctor—to the best of my belief this chisel belonged to the prisoner.
Cross-examined. I stayed with the constable and the prisoner until the doctor came—I went back to the prisoner when I had fetched the doctor—I have stated all that passed, with the exception that when we got to the top of Ormley Road, by the Coffee Tavern, the prisoner said "Shake hands with me, Charley, it will the last time I shall have the pleasure of doing so"—I did not hear him say anything else to my knowledge—I did not hear him say anything to the constable.
WILLIAM WEST . I am a labourer and live at 55, Ristoria Road, Balham—on Thursday morning, Sept. 27, I was at work at Mr. Bruton's buildings—I first saw the prisoner that morning about 7 or 7.30; he was in the grounds; he was not at work—I asked him who picked up the scaffolding on the previous evening—he said he did the night before, after the grounds were locked up—that was all that passed then—I saw him again about 9.15; he came into the grounds with young Mr. Bruton—Mr. Bruton said something to me—the prisoner was outside the building then, and could not hear what passed—I returned back to my work, and about 10 minutes or a quarter of an hour afterwards I went out, and saw the prisoner outside the hoarding walking in the road, about 30 or 40 feet from the gate at the entrance—I then returned back to my work, and remained at my work till I heard the prisoner calling "Bill, Bill!" three or four times—I ran to the landing window to see what was the matter, and saw the prisoner about 15 feet inside the grounds, inside the gateway, and I saw Mr. Bruton lying on the ground underneath the rail at the gate, close to the footpath—I called Ouzman, and came down with him, and saw the prisoner—I said to him "What is the matter?"—he said "I have done for him, Bill"—I then ran off for a doctor and a constable—I went to Balham Station to fetch a constable, and then came back to the deceased, and helped to lead him over the way—I could not see that he had moved at all since I left him—I had seen the prisoner the day before, in the ground, about 4.30 in the afternoon—he was talking about some business where he had been put in the County Court by some man who had been at work for him, whereby he thought he could expose Mr. Bruton, and failing so he said he would have his revenge; that is as near as I can say what he said—I cannot recollect the exact words—I cannot swear to whom this iron chisel belongs; it has been on the job some little time—I have seen the prisoner using it—I last saw it on the Monday evening in the shed at Mr. Bruton's works, where these buildings were going on—the shed is about 40 or 50 yards from the gateway I have spoken of it; it is a place where other tools are kept besides this—the tools are the property of the men, and Mr. Bruton also; some of one, and some of the other—a tool like this would belong to the men; they would bring that sort of tool with them—Mr. Bruton had none of that sort there.
Cross-examined. I have been working on these premises about two years and nine months—I first knew the prisoner about the fore part of last May—he was always very quiet, and very attentive to his work, and a good workman—he is a bricklayer—he was very sober and very steady; I never saw him drunk or in drink—I had an order from Mr. Bruton on the 22nd of September to give to the prisoner; the order was to give him 10s. if he picked up his scaffolding—I cannot swear if I gave that order to the prisoner; I should probably do so—I might have told him, but I cannot
recollect whether I did or not—I cannot say what passed between us that morning, but he told me that he had picked up the scaffolding—I cannot answer for what passed between us that morning—I did not stop to talk to him—I could not say whether I had or not told him that if he would pick up the scaffolding I was authorised to pay him 10s.—I might have done it—the scaffolding had been thrown down in a lump, and Mr. Bruton refused to pay him 10s. till he had picked it up and taken it away—he said he had picked it up the evening before; I understood by that, that he meant that he had earned his 10s.—he did not ask me for the 10s. that morning; I cannot say that he did; it was not my business to pay him till Mr. Bruton came home—the money was not given me to pay him—I expect there was some conversation about it the same day, and he asked me if I had the 10s. to give him, and I said not now, that Mr. Bruton was at home—I never talked about any larger sum being paid the prisoner—I never knew anything about the money affairs—when I came out to the gateway and saw the deceased, the words the prisoner used were "I have done for him, Bill"—I could not say in what tone he said it; I was running at the time—I don't suppose he spoke very loud, but he spoke loud enough for me to hear him—he didn't say it as though he was frightened—I have told you a portion of the conversation that I had with the prisoner on the previous Wednesday—I could not say that it was all—I am perfectly sure he spoke about Mr. Bruton; he did not refer his revenge to Mr. Bruton—I could not say who he referred his revenge to, but he spoke in that way, that he wished to have his revenge, and expose him in the County Court—I mentioned this at the police-court—I was examined at the police-court—I believe I did not then mention about the prisoner talking about the County Court—I have had time to think it over since—I could not say whether that was said previously, as we were in common talk at the time; the words were mentioned, but in what way I cannot say—I did not have any impression at the time that he meant his revenge on Mr. Bruton.
Re-examined. The prisoner had been regularly at work at this building for some time, for about three weeks before he left the works—he was at work on the Wednesday before, only by picking up this scaffolding after we had closed the grounds—a heap of scaffolding had been thrown down and had never been put in its proper place—I could not say when he was last at work, because I had been laid up for a fortnight—I was at work the day before this happened, and the day previous to that—the prisoner was not there then, but he attended the job regularly every morning to see Mr. Bruton—he did not do any work—I know the cottage where the prisoner lives, it is close by the building, within sight of it.
By the JURY. I don't know what passed between the prisoner and Mr. Bruton, or why he did not come any more; he had not finished his work, he had more to do—this chisel is a tool with which they cut away brickwork—I saw the plumber's boy put it in the shed on the Monday morning as this happened on the Thursday—it was in the shed on the Monday; I locked it up myself.
SIMEON PEART (Policeman W 259). On Thursday morning, 27th September, about 20 minutes past 10, I was on duty in the Balham High Road—I saw the prisoner with the witness Ouzman; they were walking apparently together—the prisoner came up to me and said "I have murdered a man, and I wish to give myself up"—I said "Is that right?" he said
"Yes, come with me and see"—I went with him to the Ormley Road, and there saw young Mr. Bruton lying on his back on the ground, his head and body on the footway, and his feet under the barrier of the hoarding gates; he was just breathing, and his hands were moving—I saw the state of his head—I sent Ouzman for Doctor Godfrey, the nearest doctor—I said to the prisoner "What did you do it with?" he said "With that chisel," at the same time pointing to a chisel which was lying about 10 yards from the dying man—this is the chisel—I picked it up, and took the prisoner in custody, and took the chisel to the station—I did not examine the ground at all—I took the prisoner away, as the crowd was getting very thick.
Cross-examined. The witness Ouzman and the prisoner were walking apparently together—I do not know that Ouzman said anything to me—he did not say to me "This man has committed a murder, I leave him in your charge," not till after the prisoner spoke to me—I might have asked him where—I made this note at the station between 11 and 12 o'clock; I was a little excited at the time, seeing the man in such a state on the ground, but I am positively sure that the prisoner spoke to me first—I found the chisel on a piece of grass, covered with blood.
THOMAS SPRINGALL (Police Inspector). On Thursday morning, 27th September, I was at Tooting Station when Peart brought the prisoner to the station and charged him with wilful murder, he said nothing—I afterwards went to the spot and found some blood on the footway opposite the hoarding gate, and about three feet from it was a pool of blood—the deceased had then been removed—I afterwards saw him dead in his house, his head was completely battered in.
ANDREW WILSON (Police Inspector). On Thursday afternoon, 27th September, I saw the prisoner at the station; I said "You are charged with the wilful murder of John Dimery Bruton by striking him with an iron chisel on the head at Ormley Road, Balham, on 27th September, 1883; having heard the charge, do you wish to make any answer? You are not obliged to; what you do say I will take down in writing and may be used against you in evidence on your trial"—he said "Thanks," and paused, and added, "I respectfully decline to say anything"—I produce the prisoner's clothes; there are marks of blood on his shirt, coat, and trousers, and especially on his right shirt sleeve.
DR. BENJAMIN GODFREY , M.R.C.S. and L.R.C.P. About 10.30 on this morning I went to Ormley Road and saw young Mr. Bruton lying on his back in a pool of blood; his head was frightfully battered in—I examined him, he was dead—he was removed to his own house, where I examined him carefully—there were seven distinct wounds on his head, varying from three-quarters of an inch to three inches long, on all parts of the head from the forehead to the back—one was right below the occiput, one on the back at the crown, and others; the skull was completely smashed, especially on the left side, smashed into small pieces—there was brain protruding from the left gash the size of my finger—all these wounds might have have been inflicted by blows from an iron instrument like this—death must have taken place almost instantaneously, I should say.
Cross-examined. I think that one of these wounds would have caused death.
was 24 years of age, he was my manager and assisted me in my business—I last saw him alive about twenty minutes past eight on this morning—he left home soon after to go to the works, I believe—the prisoner had entered into a contract with me to do the brickwork of two villas in May last—in September, I think on the 8th, I spoke to him about the work—I think up to that time he had had all the money he had asked for on account—that week my son was at Eastbourne—the prisoner asked me for 3l. 10s., he did very little work that week himself—he had got a man pointing the front on that very Saturday morning, and I refused to give him more than 3l.—it was understood by the agreement he was to have wages—when I gave him the 3l. he said he wanted 3l. 10s.—I told him if he went on with his work properly he could have the other 10s. early in the week—I went to Eastbourne that Saturday afternoon and returned on the Monday, 10th September, late in the evening—I was at the works on the Tuesday morning, and I then saw part of the scaffold taken down, or pitched down rather, all of a heap, some of it broken—I refused to give him the 10s. until he had put that in its proper place—he did no more work after that—I saw him several times and told him if he did not go on with his work I should have to engage somebody else to do it—he did not go on with it—on Saturday I think I wrote this letter dated 22nd, I gave it to West on the 24th to take to him—I have had letters from him and know his writing, I believe this letter (produced) is his writing—I engaged a young man named Curtis in his place—I saw Curtis on Wednesday, the 26th, at my premises at Pimlico, and engaged with him to meet my son—this is the notice I sent to the prisoner: "Sir,—It is now a fortnight since you did any work at my building at Ormley Road, Balham; I therefore give you notice unless you at once proceed with the work and finish it to my satisfaction, I shall according to your agreement put on other men to complete the contract, and deduct the costs of so doing from the amount which would otherwise become due to you." This is the letter I received from the prisoner: "Sir,—I am now in receipt of your note of this morning, and in reply I may tell you that on September 18th I received 3l., which was less than the wages, and I was therefore unable to pay the men, and so they have commenced an action in the County Court against me; if you do not choose to give me the money to pay into Court to save from the exposure I shall be compelled to take further proceedings against you. I will meet you at Balham to-morrow morning, and will hear what you say on the matter. Yours respectfully, H. Powell."
Cross-examined. My son generally paid the prisoner when he was at home—as a rule I did not pay him when my son was at home—I superin tended these works to a certain extent, but I left my son more particularly in charge—he would not know more accurately than me the amount of work that had been done that week, because he was at Eastbourne for his holiday, and had been for two weeks—I did not measure the work that had been done that week—there was nothing to measure scarcely—the prisoner's work was fairly done at the start, up to a certain point—I found that he was drawing more money than he was entitled to, and I refused to let him have more than 3l.—I did not know that he had been working for 30 hours that week; I was informed quite differently.
Thursday, the 27th, I went there early to do work—I saw the prisoner there that morning at the back of the building about half-past 7 o'clock—I did not speak to him or he to me—I saw him again outside the ground—the first time I saw him he went to the shed.
The Prisoner's Statement before the Magistrate. "I very respectfully decline to say anything, and will not call any witnesses."
Witnesses for the Defence.
EDWARD JAMES JOHNSON . I live at 126, Wickliff Road, Battersea—I am assistant to Mr. Longworth, fishmonger, of High Street, Clapham—on the morning of 27th September, between 10 and 11 o'clock, I was in the Ormley Road, Balham, driving round on my rounds—I saw two men standing, one inside the gate and one outside—I did not hear anything pass between them—I saw the man inside push the man outside, and strike him with an umbrella afterwards—I recognise the prisoner as the one who was struck—the other man struck him across the head—I did not see what the prisoner did—I passed by; I did not stop to see what occurred afterwards.
Cross-examined. I did not know the prisoner before this—I was in my cart trotting by—I could not hear a word what was said—the two men were close against the gateway, one inside and one outside—I can say that the umbrella actually touched the prisoner; I am sure it touched him—I mentioned this in the shop when I came back from my round—my statement was taken after the committal at Wandsworth; they came to me—I did not see anything in the prisoner's hands.
Re-examined. I knew the next morning that the prisoner had been committed for trial the evening before.
WILLIAM WALLIS . I live at 8, Balham New Road—I worked under the prisoner on these premises of Mr. Bruton—on the morning of 27th Sept. I saw the prisoner, and asked him if he had got his money from Mr. Bruton—he said no, he was going up to see if he could get it, and if he got it he would come and pay me—I asked him if he had got anything doing; he said he had got a fowl house to do in the afternoon, and he was going up to get his tools to do it—this chisel would be used by the prisoner for building the fowl-house if he wanted to cut any brickwork away—he was going to build it at the back of his house—I have been to his house and have seen the place; it is up against the wall—I could not say that it was half completed; I did not take particular notice of it.
Cross-examined. I did not work at the fowl-house—I could not say what day it was that I saw it, whether it was before the Thursday or not—we can't do without tools of this kind—it was between 8 and 9 o'clock in the morning that I had this conversation with the prisoner; it was in the Balham main road, about two or three minutes' walk from the building—I was present on the Saturday and heard of the dispute about the 10s.—I suppose the prisoner was very angry at not getting it—I worked under the prisoner at these buildings; I think the last time was on the 8th September—he left all his tools there.
By the COURT. I was the man who threatened to sue him in the County Court; I did do so.
was there on the morning of the 27th September—I heard his wife ask him if he would be home to his dinner—he said he would, and if he did not go to work that day he would bring home his tools and build a fowl-house—I do not know much about this kind of tool—I am not a bricklayer.
CHARLES CURTIS (Re-examined). I saw young Mr. Bruton lying down motionless—I saw an umbrella in his hand—I am not sure that it was in both hands, he had it in one hand and clutched it—the umbrella was closed—he had it by the handle, a little way below the hook.
GUILTY .— DEATH .
MR. DIXON Prosecuted; MR. THORNE COLE Defended.
NOT GUILTY .
Before Mr. Justice Hawkins.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. WARBURTON
CHARLES NASH . I am a labourer, of 64, Elizabeth Street—on 17th September, at 7.30 p.m., I was coming off the steamboat pier at the south side of London Bridge, and saw the prisoner at the bottom of the steps, partly on the land and partly in the water—her face was on the steps—I said "What are you doing here?"—she said "I have throwed my baby into the water and drowned it; I jumped in myself, but there was not enough water to drown me"—I got her away from the water and fetched a constable.
Cross-examined. She looked very ill and tired—the water was not deep just there, the tide was running out—she seemed clearly to understand what she was saying—she seemed very sensible, but rather confused and excited.
By the COURT. I said before the Magistrate "She said 'I have thrown my child in the water; I have tried to drown myself, but the water was gone down too low'"—those were the words she said—she was wet through—the water had been over her head—she could stand.
JOHN ROGERS (City Policeman). I saw Nash leading the prisoner up the steps—he called me, and I said "What have you been doing?"—she said "I have been trying to drown myself; I wish I was where my baby is, I have thrown it in the water and it sank at once; I then jumped in myself, but there was not enough water to drown me; I done it through want; I wish I was along with my baby, which is in the river"—she had a bottle of milk in her breast with the necessary apparatus for the baby to suck—she walked to the station—she appeared sober.
By the COURT. I could not take the conversation down, as it was dark and there was a crowd round me, but I made a note at the station—I told the Coroner word for word what she said, but I omitted that she said
that she intended to stop there till the tide rose and the water was deep enough to drown her; I had forgotten that.
WILLIAM KEMP (Police Inspector). I was on duty when the prisoner was brought into the station—I charged her with the wilful murder of her child and attempting to commit suicide, and said "Is that correct?" she said "I threw my baby Louisa," and then she said "Emily Bolt, aged seven months, into the water first, and I then jumped off the steps into the river with a view of drowning myself; I wish to die because I have had nothing but trouble lately"—I wrote that down and gave it to her to sign, and she signed it.
Cross-examined. I have made inquiries, and find that her sister committed suicide—her husband has been out of work since July—the river was dragged at the time, but nothing was found.
WILLIAM JUDGE (Thames Policeman). On 22nd September, about 1.10 p.m., I found the body of a child floating nearly in mid-channel on the flood tide at New Dundee Wharf, Wapping, and took it to Wapping mortuary—it appeared to have been four or five days in the water.
ROBERT BOLT . I lived with the prisoner at 11, Sage Wharf, Bermondsey—we are not married; we have lived together about seven years—we have been in great trouble; I have been out of work, and the children have been in a sad state—I left home on 17th September to look for work leaving the prisoner and the deceased child at home—I saw the body which was taken out of the water; it was my child—the prisoner has been a very kind and affectionate mother.
Cross-examined. There was 14s. 6d. in the house—she kept the house as well as it could be kept, and was very kind to the children—she has been suffering from her head very much lately.
ROBERT OSTLENE , B.M. I live at 47, Stoke Newington Road—on 22nd September I examined a child about seven months old at Wapping mortuary—there were no external marks of violence—I made a post-mortem examination, and found consumption of the bowels; it must have suffered very much, and was very much wasted—the lungs were congested, but not actually diseased—the cause of death was suffocation from drowning—it appeared to have been in the water five or six days or a week.
Cross-examined. A woman who has had a child may suffer from puerperal mania for some months, and lack of food would very probably produce mental aberration.
MARIA HUBBLE . I am the prisoner's aunt—I visited her the previous week and knew the child; it was suffering from consumption of the bowels; the prisoner was very depressed and ill when I last saw her—the other child was all right.
Cross-examined. Her sister committed suicide eight or nine years ago—the prisoner is strange at times and very much affected in her head.
By the COURT. I do not mean that she did not appear to know what She was saying, but she had nervous head attacks, and was obliged to leave her situation—she was a nursemaid—she has several situations for that.
and the prisoner signed it—I do not think I asked her the child's age—she was put in the dock and made the statement a quarter of an hour after she was brought in—she was wet and dripping.
GUILTY of manslaughter.—Recommended to mercy by the Jury. — six Months' Imprisonment in each case, to run concurrently.
Before Mr. Recorder.
MR. TORR Prosecuted; MR. BROUN Defended.
THOMAS NORRIS . I am a general dealer, of Wild's Rents, Bermondsey—in January last I first had some dealings with the prisoner; I sold her grocery to the amount of 15s. 10d.—she deposited three pawntickets—this (produced) was left as security for the goods I let her have; she did not pay for the goods—this ticket was for a silver watch—in February she had some more goods, and left this ticket for quilts and blankets—this other ticket relates to goods she had had in December—in February she paid a bill which covered all she owed—she had some more goods, and left the three tickets with me—last month and this I received information that led me to go to the pawnbrokers to see if I could redeem the articles for which I had the tickets—I found that they had affidavits on them, and the watch had been taken out of pawn.
Cross-examined. I have seen the prisoner on several occasions—she has generally been sober, and struck me as being an intelligent woman.
CHARLES MARSHALL . I am assistant to Mr. Johnson, a pawnbroker, of 89, Bermondsey Road—on 24th July the prisoner came to my master's shop with this declaration or affidavit marked D relating to a silver watch, 9s.—I have also seen during the course of business there these two declarations, E and F; they were made in my presence, I went about them myself—the prisoner did not sign them, she put a cross to them—she said she had lost the tickets—the goods were given up.
Cross-examined. "E" relates to the jacket and handkerchief; and "F" to the quilt and blanket—I know that, because I have got the articles down to see—she cannot write—I read the affidavit over to her—not the whole of it; only the top part, which I thought was all that was necessary.
By the COURT. The part of the document I read was: "If this declaration is false the person making it is punishable as for perjury. Unless this printed form is taken before a Magistrate and declared to and signed, and delivered back to the pawnbroker not later than the—, the articles mentioned in it will be delivered to any person producing the pawnticket"—she told me the pawntickets were lost.
ELIZABETH FORDHAM . I live at 26, Townsend Street, Old Kent Road, and am the wife of James Fordham, a labourer—we formerly lived at 8, Elm Street, where prisoner was our landlady—I cannot read—on 24th July I went to Court with the prisoner, when she had to swear to something—I went to Mr. Johnson's first—I saw her make three declarations, "D," "E," and "F"—my X is on them; she signed them in my presence—before we did so they were read over—she had asked me if I
would go with her to sign the tickets—I said I had not much time—the said "I lost them through the hole of my pocket."
Cross-examined. I have known her over 12 months—I know she has been constantly pawning—only the top part of the affidavit was read Over—I knew they were her things—we had a pint of fourpenny ale on the road to the Court.
Cross-examined. I have known the prisoner a long time—I know she has been in the habit of pawning things—she is a sober woman.
CHARLES MARSHALL (Re-examined). These three declarations were procured from me by Mrs. Sadler—the X on them was signed in my presence—the necessary declaration was read in the usual way—I had the tickets "G," "H," and "I" in my possession—they relate to the same matters as the declarations.
Cross-examined. The whole affidavit was read over.
By the COURT. When she brought the affidavits she had a duplicate ticket for one, and took the other two away.
Cross-examined. No inducement was offered me to go to the Court—I only had a pint of fourpenny ale with her.
GUILTY .— Three Months' Hard Labour.
MR. DE MICHELE Prosecuted.
THOMAS SLAUGHTER . I am a farmer, and live at Bower's Farm, Worplesden, Surrey—on 9th August, about 12.30, the prisoner came to my house and said the barn was on fire—he said he looked through a crack in the door and saw it on fire—I went' with him to the barn, and saw smoke coming out of the door—I afterwards came back with him to the Green Man public-house; that was about 1.30, and I gave him a pint of beer as a reward for telling me about the barn being on fire—I left him at the Green Man—at 1.30. the same day I saw another fire at a furze stack that I had near Burpham Church—I found that the furze stack was burnt to the ground when I got there—it was not 200 or 300 yards from the barn that had been alight before—it was along the same road.
By the COURT. The prisoner had been working about three-quarters of a mile away some time before, but I had not seen him for a month, I suppose.
GEORGE STILLWELL . I am a labourer at Worplesden—on 9th August, at 1.15, I was working in Mr. Mitchell's brickfield at Burpham—I saw the prisoner coming along the road in the direction from the Green Man going in the direction of Burpham Church—he was about 24 yards from Mr. Slaughter's furze stack—he said "Mr. Slaughter has given me 2d. for telling him about the barn being on fire"—he went on towards Burpham Church, that would be in the direction of the furze stack—I did not see anybody else pass along the road but him—I saw the furze stack alight about four or five minutes afterwards.
GEORGE GILLETT . I am a miller, and work at Bowers Mill, Worplesden—on 7th August, about half-past 1 o'clock, I saw the prisoner close by Mr. Slaughter's barn—it is 48 yards from the barn to the stack—I saw him at the barn; he was just going to light his pipe—he was going in the direction of Stoke, coming away from the stack—I saw the stack alight at the same time that I saw him—he spoke to me; he said he had told Mr. Slaughter about his barn being on fire, and he had given him 2d.—I asked him what there was on fire there—he said he did not know—I went to the stack—I saw nobody else in the road but the prisoner—he did not go with me to the stack; he went on in the direction of Stoke.
FREDERICK FAITHFUL . I am a labourer, living at "Worplesden—on 9th August, about a quarter to 1 o'clock, the prisoner came to my house—he had a conversation with me—I assisted in putting out the fire at the barn—after that, about half-past 1, I saw the furze stack on fire, and I saw the prisoner in the road coming from the direction of the furze stack, going in the direction of Bowers Bridge—I did not see any one else in the road—the road in which these two fires were is a side road out of the main road leading from the Green Man to Burpham Court.
By the COURT. The prisoner was very near 200 yards from the furze stack when I saw him, coming in a direction from it.
GEORGE FRYER (Surrey Constabulary 24). I made these two plans, showing where the stack and the barn stood, also the road from the Green Man towards Burpham Church—I took the prisoner into custody on 10th August at Burpham Farm—he had not done any work for some little time—I told him he was charged with setting fire to the barn and furze belonging to Mr. Slaughter—he said "I know nothing about it; it would do me no good, nor any one else, to set fire to it"—before I charged him I asked him if he was smoking on the road—at first he said "No;" he afterwards said he lit his pipe opposite the barn—I examined the barn the same day, and in a hole I found some straw had been set on fire outside the wreck-boards facing the road—the furze stack was burnt right up.
GUILTY . There was another indictment against the prisoner for setting fire to the barn.**— Six Months' Hard Labour.
MR. MONTAGU WILLIAMS Prosecuted; SIR HARDINGE GIFFARD Defended. The prisoner received an excellent character.
GUILTY .— Six Months' without Hard Labour.
Before Mr. Common Serjeant.
MR. GOODRICH Prosecuted.
ADA BURROUGHS . I am barmaid at the Glengall Tavern, Hill Street, Peckham—on 20th September, about 5 p.m., I served Woodhams (See next case) with a small lemon; he gave me this half-crown (produced), which I gave to the constable.
HENRY NEVILL . I am potman at the Globe, Hill Street, Peckham—on 20th September, about 5 o'clock, in consequence of instructions, I followed Woodhams—on his leaving the house he joined somebody half way down Hill Street, whom I am almost certain was Whittard; they spoke together, passed something from one to the other, and separated; they were going towards the Glengall Tavern.
WILLIAM COX . I am a wheelwright, of 68, Hill Street, Peckham—on 20th September I was at the Globe, and saw Woodhams there—on his leaving I followed him; he met Whittard; they spoke together for about a minute, and separated half way down Hill Street—Whittard went to the Boat House Bridge on the opposite side, and I lost sight of him; that is near the Glengall Tavern—I picked him out from five others at the station.
ALBERT GREGORY . On 24th September, about 3.30 p.m., I was with Drew in Cross Street, Drury Lane, and saw Whittard and several other men outside the Newton Arms—I saw a man hand Whittard something, and Whittard hand some coppers back to him; I saw them in his hand—they remained there a few minutes, and Whittard walked away towards Lincoln's Inn Fields with Woodhams—they stopped once or twice—Whittard took something from his pocket, and they both stopped looking at it—I followed them into Holborn, stopped them, and said "We are police officers, I shall search you"—I searched Whittard up a court, and found this bad half-crown in the ticket-pocket of his coat, 3s. 6d. in good siver, and threepence—I said "This is a bad one"—he said "I did not know it was bad"—I searched Woodhams, and found a bad shilling in his trousers pocket—he was discharged at the police-court—I have seen him with Whittard.
CLARINDA ROGERS . I am the wife of William Rogers, of the Globe public-house, Peckham—on 20th September, about 5 p.m., Woodhams came in for a glass of ale, and gave me a half-crown—I tested it, and bent it; it was very light—I gave it back to him.
ELIZA ROUNCE . I am the wife of Benjamin Rounce, of 2, William's Place, Victoria Street, Peckham—Whittard and Woodhams occupied the same room there for one month, and Woodhams had it for three months.
GUILTY . He then PLEADED GUILTY to a conviction at this Court in March, 1883, of uttering counterfeit coin.
MR. GOODRICH Prosecuted; MR. HORAGE AVORY defended Woodhams.
CLARINDA ROGERS . The witness's evidence in the last case was read over to her from the shorthand notes, to which she assented, and added: I told Woodhams it was bad—he said "Never, I took it at the Victoria Station in change for a half-sovereign, give it to me back"—I did so, and he gave me a good shilling.
Cross-examined. The half-crown produced is not the same, because I bent it in two places—he was not under the influence of drink, or I should not have served him.
Glengall Tavern, and saw Woodhams there—I shut the door, and waited till a constable was fetched.
Cross-examined. He had had something to drink, but was not so drunk that he could not be served.
ADA BURROUGHS assented to her former evidence, and added: I bent the coin in two places, but did not give it back—Nevill came in and told me in his hearing to detain him as he had passed a half-crown at the next house—I sent for a constable and gave him in custody—he said he did not know where the next house was, and used very bad language—the half-crown was perfectly straight, but it bent in trying it.
ADOLPHUS NORMAN (Policeman P 336). I was called to the Glengall Tavern, and Woodhams was given into my custody—I found a half-crown on the counter—he said he did not know it was bad—he said going to the station "It is a bad job, what a fool I must have been"—I searched him at the station, and found 21s. 6d. in good silver and some coppers—he appeared to have been drinking; he was not drunk, he walked by himself—I found no half-crowns on him—there were two florins, and the rest were shillings and sixpences.
Whittard's Defence. I have known Woodhams simply as a friend for over two years.
GUILTY . WHITTARD**— Two Years' Hard Labour. WOODHAMS— Nine Months' Hard Labour.
MR. MORICE Prosecuted.
THOMAS SPINK . I am secretary to the Portland Chapel Building Society, and the prisoner was my office boy—in the beginning of September I was away on a holiday and returned on Saturday, the 8th—during that time I left the prisoner at the office—on Monday, the 10th, the prisoner did not return to work as usual, and I received a communication, and communicated with the police—on Thursday, the 13th, I went to the post-office, where I was shown a post-office order for 5l. 15s. payable to me—I had not seen it till then—it had been cashed—I did not see the prisoner from the time he absconded till the 25th, at the police-court.
Cross-examined by the Prisoner. I did not leave instructions with Mr. John Spink that you were to send letters up to Mr. Mackintosh—he did not open any letters to my knowledge—I have no recollection of his having admitted that he opened a letter for Mr. Mackintosh—when I came home I was not cross with you about some letters you had given to Mr. Cooper—you asked permission to leave at 3.30 or 3.45 as you had made an appointment to go out for the remainder of the day—I may have expressed regret that you had sent letters to Mr. Cooper, but whether I said "A pretty mess you have got me in for leaving letters at Mr. Cooper's" I could not swear to—I was called back rather suddenly from the country,
but I do not believe it was from any fault of yours—I sent a telegram to Mr. Hewlett requesting them to stop the payment of more advances being made by the Building Society until my return—Mr. John Spink had no business to interfere with the Society's matters—I did not receive a cheque for 15l.—a cheque was sent to me in the country for my signature by my brother from my private house—Mr. John Spink did not tell me he had torn it out of a cheque-book.
Re-examined. The cheque for 15l. was a Society's matter.
JOHN CALEY (Police Sergeant D). On 24th September the prisoner was given into my custody by the police at Thorpe—I said to him "I shall take you in custody for stealing an order for 5l. 15s."—he said "I know nothing about the order; I had 16s. from a lady"—at the police-court he said he had the 16s. given him by a lady on the morning his master returned.
JOHN SPIERPOINT . I am an innkeeper at Crowborough Cross, Sussex—on 3rd September I sent up a post-office order for 5l. 15s. to Thomas Spink, the secretary of the Building Society; I believe it is the Temperance Building Society—about a week after I got an acknowledgment for it—I wrote to Mr. Spink about not having received a reply sooner.
THOMAS WILLIAM TOWNSEND . I am a clerk in the Money Order Office of the General Post-office—I produce an order for 5l. 15s. cashed—it is payable to Thomas Spink, taken out in the name of John Spierpoint—it was cashed in the ordinary course of business on 5th September, but not by me.
Cross-examined. I cannot tell what time in the morning it was cashed.
THOMAS SPINE (Re-examined). The signature on this order is the prisoner's—I have seen him write—this is his writing (produced)—I am not in the habit of cashing orders myself; they are always paid through the bankers.
Prisoner's Defence (written). I know nothing whatever about the postoffice order or the 9s. The reason why Mr. Spink, my late master, charged me with stealing the order is that I left home on Monday, having, through home affairs, occasion to do so. On the same day Mr. Spink received a letter from Mr. Spierpoint asking him to send a receipt for the money. Mr. Spink put himself in communication with the police without apparently having any evidence whatever till a day or so after, when he went to the General Post-office and saw the order, which he said was signed in my writing, which I deny before the Court. And another thing is that I knew when Mr. Spink left town and also when he returned. On the day when the order was cashed I was told by Mr. Cooper to take a book to No. 5, Frederick's Mews, Albany Street, and bring back one that had been taken by mistake. During this time it is asserted that the order was cashed (10 till 11), and the little girl who received the book from me also remembers the day and time. After that I stayed in the office the rest of the day, as I believe Mr. Cooper, a director, can testify.
Prisoner. The order was cashed soon after the opening of the office. I was in Frederick's Mews in Albany Street, and more about the order I did not know until I was brought back from Clacton-on-Sea. I left home because father went on at mother, and I took her part. Father went on at me, and I told him I should not come home any more, and I told mother I should go, and then I went. Father is always going on at mother.
NOT GUILTY .
He was further indicted for feloniously forging an order for the payment of 5l. 15s., upon which no evidence was offered.
NOT GUILTY .
MR. GOODRICH Prosecuted.
ALFRED WARD (Police Sergeant L). About 12.30 p.m. on 16th September, or the morning of the 17th, I went with Boswell to 30, Belvedere Road near Hungerford Bridge, and saw Martha de Simoni in the parlour on the ground-floor—I said, "I am a sergeant of police; I want to know whether a man of the name of Demoro has been living with you"—she said "Yes" I said, "Have you got any property belonging to him in the house?"—she said "No"—I said, "Have you got any pawntickets relating to property belonging to him?"—she said "No, none"—after a diligent search Boswell and I found in the pocket of an old dress on a chair which she said belonged to her, a small envelope containing seven pawntickets—she attempted to grasp the tickets out of my hand and said "They belong to me"—I took possession of them and told her I should take her in custody for being concerned with a man named Demoro already in custody for stealing a portmanteau from Waterloo Station—I found a brush and pocket-handkerchief on the table, part of Mr. Calder's property—I charged her and she said, "I was as bad as he; we were hard up"—I searched the house again and found under the table a knife and fork, brush, and box of caste, identified as Mr. Calder's, and an old razor, and pieces of leather which evidently formed a portion of a portmanteau—the room is used as a sleeping and living room—I went to 53, King Street, Soho, and received six shirts, two night-shirts, six pocket-handkerchiefs, and some collars—these are the pawntickets relating to the portmanteau.
HUGH CALDER . I live at 28, Ashmead Road, St. John's, Lewisham—on 7th September I was at Charing Cross Station at about 9 a.m.—I was going down by train to Lewisham with a portmanteau, this linen, hairbrush knife and fork, and table-napkin—my name is on my handkerchiefs—I was told at Charing Cross Station my portmanteau was in the train—I saw it labelled for St. John's—I retired into the waiting-room and returned five minutes before the train started; I then missed it—I went down the platform thinking the porter had taken it on—I next saw it on 17th September at Davidson's, pawnbroker, 268, Westminster Bridge Road; I also found my rug there—the linen was produced to me on the same day at the police-court—I saw these bits of leather there; I do not recognise these as being cut off my portmanteau.
Cross-examined by Simoni. I do not think the leather belongs to my portmanteau.
FREDERICK WILLIAM THOMAS . I am assistant to Mrs. Davidson, of 268, Westminster Bridge Road, pawnbroker—this portmanteau was pawned by Simoni on 10th September, and this rug by Demoro—these are the two pawntickets.
Street, a bundle of dirty linen, and asked me to wash it—a constable came afterwards, and I handed it over to him.
FRANCIS BOSWELL (Police Sergeant L). On 14th September Simoni came to Kennington Road Police-station, and saw the inspector—I followed her to Belvedere Road—on the morning of the 16th I went there with Sergeant Ward—she said "I will tell the whole truth, all the truth"—I said "I must caution you as to what you say"—she said "We had three or four, I am quite as bad as he; I know he stole them from some railway station; the brushes you have in your pocket came out of the one before this; one he cut up, you have the pieces"—I told her I should take down what she had said and use it as evidence—I went back to the Belvedere Road, and found a knife and fork, a toothbrush, and tooth-paste—Ward was close by all the time—he stopped and searched while I took her to the station.
HENRY TAYLOR (Policeman L 130). I was on duty at Waterloo on 13th September, and took the male prisoner to the Kennington Road Policestation and searched him—I found 11 pawntickets on him, which Sergeant Ward has produced—this ticket is "W. Bates, 22, Lower Marsh," and relates to the rug stolen from Mr. Calder—there is one relating to a coat, "Bates, 22, Lower Marsh, Lambeth," and one relating to two pairs of trousers and two vests pawned at Messrs. Davidson's—he made a statement to Inspector Burke when he was charged.
EDWARD BURKE (Police Inspector L). On 13th September I received the charge—I read the charge to Demoro in French; he did not understand English—he was charged with stealing a portmanteau from Waterloo Station; there are two charges—he was not charged with the Charing Cross charge at our station; he was taken before a Magistrate on the Waterloo charge, and remanded.
ALFRED WARD (Re-examined). When he was charged he said he was guilty—he was charged with stealing a bag from one of the railway stations, and during the time he was under remand the other bag turned up.
Simoni's Statement before the Magistrate. "I helped to pawn the things, but did nothing else."
Simoni's Defence. He brought them home, and told me they were his. I helped to pawn them, not knowing they were stolen.
GUILTY of receiving. DEMORO then PLEADED GUILTY to another charge of stealing a portmanteau in Waterloo Station.— Eighteen Months' Hard Labour. DE SIMONI— Eight Months' Hard Labour.
979. GEORGE CAVILL (19) PLEADED GUILTY to stealing a medal and bar and 30s., the goods and moneys of Robert Higgins; also to stealing a suit of clothes and other articles, value 2l., the goods of James Cartwright Radford; also to three other indictments for felony and to a former conviction.— Five Years' Penal Servitude.
MESSRS. POLAND and WILLIAMS Prosecuted; MESSES. LYON and BEARD
appeared for James, and MESSRS. FULTON and HUMPHREYS for Henry Lilley.
HENRY PUTLEY . I live at 92, Tanner Street, Bermondsey, and am clerk to R.N. Hope and Sons, teadealers—my father rented five arches in Stanworth Street Borough, and in March I saw James Lilley, who said "I want an arch somewhere close to my premises; I think you have some to let in Stanwell Street?" I said "I think my father has, I will ask him the terms"—I took him to the arch; we had two vans standing there—I said "Those are our two vans, and if you find them in your way they can be moved"—one of them was Boord's van, and the other an old van with only three wheels—he afterwards saw my father and agreed to take one of the arches from 1st April—he did not wish the vans removed, but the pole of one was removed in order to get to the arch.
Cross-examined by MR. LYON. There are three arches, and James Lilley took the one to the right—the vans were in the middle arch—Holland was not with him when I showed him the arch—my father let persons put their vans there as a favour—Albert Smith was not with Lilley—the arch I let to Lilley was empty, except some engineering appliances; there was no timber there.
By the COURT. There is only one entrance to the three arches—the van might be in front of the door of the arch, which was let.
JAMES PUTLEY . I am a carman, of 92, Tanner Road, Bermondsey—on 1st April I let an arch to James Lilley—he had to go through another Arch to get to it—I had two vans there, one which I took charge of for Mr. Boord, a large two-horse van, with the name and address on it, which was hardly ever used, and an old van of my own, with only three wheels—I saw them both safe on 21st June, I believe—nobody could remove them without getting over the fence leading to the three arches and unbuttoning the gates—I missed the large van early in July, and at once communicated with the police, who gave me information on 25th August, and I went to Tottenham and saw the van—Mr. Boord's name had been erased from it—on 28th August I saw the prisoners in custody, and charged them with stealing it; they made no answer—I value it at about 12l.—I have bought horse-fodder of James Lilley, and have a bill in his own name—I owed him an account, and on 8th August he called and I paid him—he remarked on the arches being insecurely fastened, and said he had bought some harness for 8l., and hung it in the arches, and next morning it was gone "And now," he said, "there is a b—pair-horse van gone out of the place"—I said I had heard so too.
Cross-examined by MR. LYON. There was no name over the arch, but he had a shop 200 yards away—I had dealt with him about half a year—his last bill was for 34l. odd, through overcharges, and it was brought down to 22l. odd—I said in answer to his question at the police-court, "As far as our dealings have gone I know you to be respectable"—I had not given permission to other persons to stow away vans there, nor had I seen any—if there was a van-load of timber, wood, or boards there it was unknown to me, but I have heard that there was—I do not know George Allen—a man did not come to me from Lilley and say that a man named Lloyd was removing the boards, and that Lilley was, trying to stop them—I did not then send a man named Rodden in my employ down with the keys to lock the arches, but I did a few days after 25th March, as I had some
engineering things there, and I had a man in possession for rent, and heard that they were moving out—Lilley did not occupy an arch till April I—these (produced) are, I have no doubt, the keys I sent down by Rodden to the arch—I have no mark on them—I have taken Walter Charles Baker and Charles Kitto, who were in Lilley's employment, into my employment since—I had not seen them before I employed them—I had been trying to sell Boord's van—I had offered it to one person named Parker, a wheelwright in Bermondsey—I had authority to sell it—I had told a great many people that it was mine—I had sold vans before, but I have not taken the names off them—I never spoke to any of the men in Lilley's employ about this van.
Cross-examined by MR. FULTON. I did not know Henry Lilley—I was not often in the arches.
Re-examined. This was an old van of Boord's, and I was to sell it if I could—I had no idea that James Lilley had taken the van to the repository.
By the JUROY. The prisoners occupied one arch, and the other two were empty—the entrance was through one of them, and one was an open arch—he and I had keys, but nobody else.
WALTER HENRY BAKER . I was in Mr. Putley's service five weeks all but a day—I remember some vans being at these arches—James Lilley asked me to go with him to the Barbican Bepository to enter two vans for sale—he drove me there, and he asked me to enter them in the name of J. Backwell—he did not say why—I went into the repository and asked the clerk to do so—he said that he could not do it for Saturday's sale, but he would for the next Tuesday if it was brought it before 10 o'clock—I told Lilley so, and we went back—next day, Thursday, Henry Kitto and I and the two prisoners washed the van—it had "Boord and Son, distillers," on the front, and James Lilley said "We had better rub the name out; Mr. Boord does not like the van to go out with the name on in case of any accident"—the name and description was cleaned out with a knife and pumice-stone—they asked me to lend them my pocket-knife—before James Lilley scratched it out he said "Walter, I have bought this van"—I said "Have you, sir?"—he said "What is it worth?"—I said "I have no idea"—he said "I gave 13 guineas for it"—he did not say of whom—I left that night—he discharged me on Friday, 6th July, because he said I had ill-used one of his horses—both vans were safe on the premises then—he charged me before a Magistrate, and I was sentenced to a month's imprisonment—the police afterwards came and asked me questions, and I told them what I knew about the van—the prisoners are corn-chandlers—there is no name up at their place—James Lilley had "Blackwell" on his billheads, but I always called him Mr. Lilley.
Cross-examined by MR. FULTON. While I was in James Lilley's employ Nunn, Kitto, and Henry Lilley were salaried servants—I don't know what Henry Lilley got; I got 18s. a week—Henry Lilley was temporarily discharged by his brother for a week a fortnight after I went into the service—they had a few words—he took him back at the end of a week—Henry did what I did, and was a servant as I was.
Cross-examined by MR. LYON. Nunn was helping to wash the van—I gave the right address at Barbican, but I gave the name of Blackwell—there was no concealment about going there—I am sure he said that he
gave 13 guineas for it, and not "Well, I ought to get 13 guineas for it"—it was pounds, not guineas.
CHARLES KITTO . I am a coal boy, and live at Fendall Street—I worked for James Lilley eight months—I remember washing the large van on a Thursday in July, about the 7th—James Lilley told me to rub the name out with a knife, and it was completely taken out—he gave me money, and I got a halfpennyworth of pumice stone, and the name was rubbed with it, and on the next Saturday, the 7th, Nunn took it away about 10 a.m.—it had no pole, and he used the pole of a yellow van—all the time I was in the employment I had seen the big van there, with Mr. Boord's name on it.
Cross-examined by MR. LYON. Nunn helped to wash it, and was present all the time—no van of Jackson and Halliday's, or other people, stood in either of the arches; there was an odd van up higher, but not in Mr. Lilley's arches; a brick-cart came in once or twice and stood there—the van was sent away openly, and I saw him turn towards Mr. Putley.'s.
Re-examined. I saw no name on the side, I only saw the name that we rubbed out.
CHRISTOPHER JOSHUA NUNN . I am a cab proprietor, of 10, Red Lion Mews, Camberwell—I was formerly in the employ of James Lilley, as carman—early in July I assisted in washing this van; it had "Boord and Son, Distillers," on it; that was taken off, and James Lilley told me to put his mare into the van and take it to Barbican—there was no pole, I used the pole of Mr. Lilley's yellow vau, and just towed it along—both the prisoners followed in the yellow van—we met a gentleman at Aldersgate Street Station, and James got out and remained talking to him while I and Henry went on to Barbican—I towed the van into the Repository and left it there, took the pole out, and carried it home on my shoulder—there was no name on the front of the van then—I think there was a name on the side, but I don't remember—Henry came out with a paper like this (produced), which he gave to James, and said "Here is the receipt"—I knew it was Lilley's van because he had been offering it to private customers all round the neighbourhood—he offered three vans to Mr. Vice, who bought one, but said that this was too large for him—I got 5s. for taking the van to the Repository—several days afterwards Henry said that the van did not sell to his satisfaction—the yellow van had not the name of Blackwell on it, it had no name, nor had the one Mr. Vine bought; they were all cleared off about the same time—on Thursday, 20th September, the day after the committal, I drove James Lilley to Mr. Johnson's, 6, Eastlake Road, Cold Harbour Lane, Camberwell, a private house, as I heard at Waterloo Station that a man of that name lived there—I spoke to Mr. Johnson about taking some manure away from my stable—I did not know him before, but I thought I had seen him in the arch—James Lilley waited outside.
Cross-examined by MR. LYON. Johnson was inside the gates one day to the best of my belief, and I said to somebody "Is that the governor's fatner?"—I think there were four vans and two carts there—the yellow van I drove had originally the name of Black well on it—it could not get out of the wharves and docks unless it had a name on it—that was subsequently sold at the Repository with the name painted out—anybody who has got any respect for themselves would not allow their names to remain on vans when they are sold—Mr. Vice is a neighbour of Mr. Putley's—I
remember Mr. Kemp coming, and the van was offered to him by James Lilley—James Lilley told me he would follow us on, and as we came out of the Eepository we saw him coming in—I passed close to Putley's place with the horse and van—I knew him well by sight—I went to tell my wife that I should not be home to dinner, and the ran stood in Stanwell Street 20 minutes—I had left Lilley's employ at the beginning of July, before the washing, but I had done several days' work on and off since—I used to stand in the archway with my cab.
Cross-examined by MR. FULTON. James Lilley's wages were the same as mine, 25s. a week, and his duties were the same.
Re-examined. There was only one cab, and that was mine; it stood in the middle arch—you could not get a cal) into the side ones—I paid no rent, it was just temporarily put there—I should think it was one of Mr. Lilley's arches—there is only one pair of gates to the three arches—I will not swear that I have seen Mr. Johnson at the arch, or that I have not—I went to his house on 20th September to see if I could recognise him.
By the JURY. James Liiley did not ask me to go to Mr. Johnson's, I think I asked him—Mr. Liiley gave me permission to put my cab in the arches.
GEORGE GRAY . I am carman to G. Boord, the distiller, of Bartholomew Close—Mr. Putley had charge of one of his vans, which I have driven for years—it had his name on the facia and under the side, and the address in gilt letters—it stood at Mr. Putley's for two years off and on—we only used it in busy times; the last time was 16th April—it had a pole to it then—I returned it on 30th April with the pole ail right—I left the pole in Mr. Putley's charge—I had no idea that it had been removed till this inquiry took place.
THOMAS RELF . I am horse-keeper to Mr. H.J. Newport, of 18, Morpeth Street, Bermondsey—about 25th or 26th July Mr. Putley asked me to go to the arch in Stanwell Street—I looked for the van, and it was not there—I saw James Lilley in the street, and to the best of my belief I saw Henry there in his shirtsleeves—I asked him if he knew anything of a pair-horse van with Boord and Son written on the front—he said "A man came here about a fortnight ago with two big fat horses and fetched it away"—James Lilley came up, and said "What is the matter, governor?"—I said "I am inquiring about a van with 'Boord and Son, distillers' on the front"—he said "We know nothing about a van; who do you work for, Mr. Putley?"—I said "No, sir, I work for Mr. Newport, of the same arches as Mr. Putley," and I came away—I communicated with Mr. Putley next morning.
Cross-examined by MR. LYON. I did not notice that the words "Who do you work for, Mr. Putley?" are omitted from my deposition—I did not say "I have come to inquire about a van of Boord's," I said "A van with 'Boord and Son' on the front"—James Liiley did not appear huffed, he spoke sharply, but I cannot say roughly.
Re-examined. Mr. Putley asked me to inquire if the van was there, and I went down specially.
WILLIAM SALISBURY BREWER . I am manager to Mr. Eymill, the proprietor of the Repository, Barbican—on Saturday, 7th July, two vans were brought there in the name of R.J. Blackwell by two men, and left for sale; one was a distiller's large pair-horse van and the other a single-horse van—Messrs. Day and Son bought the large one at public auction
for 8l. 8s., and the two together came to 13l. 2s. 6d.—the balance after paying commission and stamps was 12l. 4s. 4d.—the large one was bought in with a carriage pole, which they took away—the customer would come and bring his voucher, and would have this bill given to him: "Debtor to Mr. R.J. Blackwell, July 10th," and would receive his money and sign this receipt (This was signed R.J. Blackwell)—this printed form for that would be given when the vans were left, and the man would bring it when he came for the money.
JOHN BROGAN (Police Sergeant M). About 25th July I received information and made inquiries to try and trace this van—on 28th August I went to Stan well Street, Bermondsey, and saw Henry Lilley—I said "I shall take you in custody for being concerned with your brother James in stealing a pair-horse van from a railway arch in Stanwell Street, Bermondsey, on 30th July, the property of Mr. Putley; it had 'Boord and Sons, Distiller,' written on the front"—he said "I know nothing about a van belonging to Mr. Putley or Boord and Sons, distillers; you had better speak to my brother, he is older than I am"—I handed him over to a constable and went to Abbey Street about 9.15, and saw James Lilley—I said the same to him—he said "I have stolen no van belonging to Mr. Putley or Boord and Sons, distillers. Surely Mr. Putley has not instructed you to arrest me for stealing his van?"—I said "Yes"—he said "Good God! why the man owes me 47l."—on the way to the station he said "I have bought a van with 'Boord and Sons, Distillers,' on the front, and paid him 8l. for it, and sold it again at Barbican for eight guineas"—I said "Do you know the man?"—he said "No, but I have got his receipt"—I said "How came you to buy it from a man you did not know?"—he said "Because I saw the man use the van three or four times, and I thought it belonged to him"—I said "Recently?"—he said "Yes, and one day I told him that I rented the arches, and if he did not pay me for standing his van there he would have to take it away. He said 'I have no use for the van now, I will sell it. I gave him 8l. for it"—he said at the station "The receipt is at home," and gave his address, 47, Abbey Street—Haigh went there and brought back a file of papers, but I was not there when he returned—among them was this receipt—he took it off the file himself, and also this other paper, and said "Will this satisfy you?"—I said "I shall have to make inquiry." (Read: "Received June 10, 1883, of Mr. Lilley the sum of 8l. for pair-horse van. W. Johnson, 14, Pitt Street, Peckham.") I went to 14, Pitt Street, but found no Mr. Johnson—it is a private house; a constable named Hodgson lived there—I went back to the station and told the prisoners that Mr. Johnson did not reside there, and I had made inquiries up and down the street and could not find him—they both laughed—the charge was read over—they made no reply—the Magistrate admitted them to bail, and on Friday, about 9 a.m., James called at the station, but I did not see him—I afterwards saw him at his shop, and he said "Have you found out Mr. Johnson?"—he then said that he knew where Johnson was, and I went with him and Nunn to 56, Eastlake Road, Camberwell; I had an officer with me who I sent in, and he fetched out Mr. William Johnson, who is outside now, and Lilley said "That is the man who sold me the van"—I said to Mr. Johnson "Let us go over in the light of the public-house"—I was in plain clothes—I then said to Mr. Johnson
"I am a police-officer," and stated the whole circumstances about the van and about the receipt, and then said "Have you seen this man before?"—he said "No"—I said "Have not you sold him a van at the railway arches, Stanwell Street, Bermondsey?"—he (said "No"—I said "You know your own writing, I have got your receipt here"—he said "Show me and I will soon tell you whether it is my writing or not"—I showed it to him, and he said "That is not my writing; come into my house and I will show you my writing in my books"—we all went into his house, he showed us his writing in his books, and he also wrote his name, which I compared with the receipt, and in my judgment they were not the same—Mr. Johnson asked me what sort of a man it was who sold the van; I read over to him in James Lilley's presence the description which James Lilley had given me of a man 36 years old, and Mr. Johnson said "Surely that description does not answer me"—I said "Mr. Lilley, you most have made a mistake in this man"—he said "No, I have not, truly, and if you don't take the man I shall take him myself to Kennington Lane Police-station, and they will take the charge there"—Mr. Johnson said "If I have got to come to the station I shall come, but I wish to have this case carefully investigated"—I took him to the station; he brought his books with him—I laid hold of him—I mentioned the circumstances to the inspector, and James Lilley said that he would charge him—the inspector read over the description from my book, and said "They do not at all tally, there must be something wrong; have you got any witness who can identify him?"—James Lilley said "Yes, I have got plenty"—the inspector said "Mention one"—he mentioned Mr. Francis, a beershop keeper—he was fetched, but could not identify Johnson—we were in the charge-room, and Lilley, who was standing at the door talking, I think, to the superintendent, ran away, saying "We have been waiting long enough for Mr. Francis"—I said "Do wait, he will be here in a few minutes"—he said "No, I will charge him in the morning"—when ho got some distance he met Mr. Francis and came back, but as he could not identify Johnson he was allowed to go with his books, and is here as a witness.
Cross-examined by MR. LYON. At the station James Lilley requested Haigh to go to his house to fetch a pile of receipts—Lilley did not go home till the receipts were brought back—it was a mile and a quarter or a mile and a half from the station to Peckham, and I was absent an hour—Nunn said at the station that he thought he had seen the old gentleman (Mr. Johnson) at the arches—I did not ask Nunn to go to Peckham with us—as Mr. Johnson came out of his house James Lilley said that he was the man, but Francis, the beershop keeper, said "That is not the man, I really cannot swear to the man"—I pointed Johnson out to him and said "Ask him if he has ever seen you before"—Francis said "I don't think I have," and then Francis said to me "If there is sufficient, charge the man; because I cannot identify him that is no reason why you should let him go."
THOMAS HUDSON (Policeman P 295). I have lived at Pitt Street, Peckham, since April 14, and was living there in June last with my family, but there was no one else in the house—I know of no Mr. Johnson living there or in that street.
WILLIAM JOHNSON . I live at 6, Eastlake Road, Cold Harbour Lane, Camberwell—this receipt is not signed by me; I know nothing about it—I never knew the prisoners till the night before I went to the station, when James Lilley came with the detectives—I never saw Mr. Putley till I saw him here.
Cross-examined by MR. LYON. A lad came, and Mr. Lilley sat in the cart with his coat buttoned up round his neck—it was just getting dark.
Witnesses for James Lilley.
JOHN FRANCIS . I am a beerseller, of 8, Stanwell Street, Bermondsey, close to where the prisoners live—in the beginning of June James Lilley came to me with another man and asked me if I would oblige him with a piece of paper and a pen and ink—I did so, and I saw him writing at the table—I did not notice whether they both wrote—I saw money on the table, both gold and silver—this was in front of my bar—after the other man had gone Lilley said "Francis, I have bought a van; come in and look at it"—I did so; it stood in the arches—I said it was an old-fashioned thing and very heavy.
Cross-examined. My house is the Bridge House; it is about 100 yards from the arch and 30 or 40 yards from The Fleece, and is half a mile from Lilley's house in Abbey Street—they were about half an hour in my house, sitting at the table all the time—that man's age was between 30 and 40, but I may be deceived—he was rather inclined to be gingery whiskered—be wore a round felt hat—I did not see him with his hat off, and cannot say whether he was bald, like Mr. Johnson—he was not a bit like Mr. Johnson—I cannot say how much money was on the table—this was about 11 a.m.—the place was open to anybody—the other man was in a working dress—it was on a Monday, I am almost sure—I have a reason for saying so; it was not Wednesday—I did not ask Lilley who he bought the van off—I had known him eight or nine months—I did not know the other man before—I did not see the name of "Boord and Son, Distillers," on the van—I do not know James Lilley's writing—I am quite sure this was not on a Sunday, though the receipt is dated June 10th—I did not see a pole to the van—I saw no writing on it; I did not think of looking—Lilley did not tell me that the transaction at the table had any reference to the van.
CHARLES KEMP . I am a carman, of 67, The Grange, Bermondsey, about 300 yards from where James Lilley lives—about 24th or 25th June he told me he had bought a biggish van, and had no use for it and wanted to sell it—I asked him what he wanted for it—he said, "About 9l. or 10l.; will you come and have a look at it?"—I did so; it was too large for me—I said if it had suited me I should not have bought such an old thing as that, I should not think it was worth more than 7l. or 8l.—I noticed the name of Boord and Son on it—I have bought and sold goods at the Repository—if I was going to sell a van I should rub the name off; I have got one in my yard now that I am going to rub off, that is the general custom.
Cross-examined. Boord and Son are a well-known firm of distillers—I did not ask him how he came to have the van; he told me he had bought it, and that was enough for me; he did not tell me of whom he bought it, or what sort of a man he was.
offered me a van for sale with the name of Boord and Son on it—it was in the arches—I examined it, and being a great clumsy ugly thing I came to the conclusion that it was no good to me—he said that I might find somebody whom it would be likely to suit.
Cross-examined. I do not know a distiller's van if I saw it—I knew that he was a corn chandler—he said that he had bought the van; he did say when or where, or what he gave for it.
THOMAS DUNNETT . I am a general shopkeeper, of 37, Swan Place, Old Kent Road—I know James Lilley—on 4th June I had been doing a little travelling for him, and I went down after my commission—I saw another man there, not Lilley, and a van was offered me for sale with Boord and Son's name on it, and an old set of harness—the man offered me the lot for 13l.—it was a very rickety old van.
Cross-examined. I saw it in Mr. Lilley's yard under the arches—the man did not tell me whose it was—I did not know who he was or whether he was employed by Mr. Lilley—I cannot swear to the date, but it was the beginning of June.
MARK PRICE . I am a cab-keeper, of 148, Bow Street, Bermondsey—in July last I bought a van of James Lilley down at the arches—I think I saw the name of Booth on it, but I took no notice of it—there were two more vans there—he sent his servant to me to know if I would buy a van, as he had some to sell—the gate was open when I went in.
Cross-examined. I thought the van was his; he being a respectable tradesman I did not ask him how he came in possession of Boord's van.
Cross-examined. The boards were inside the arch—we bought them of Parker, who is agent for Jimson and Co., Leicester—they were by themselves, not in any vehicle, but placed on the ground—we moved them away in two or three vanloads—they were in the side arches right and left—it was about April 4th.
EDWIN RODDEN . I am in Mr. Putley's employ—in April last I was sent to the arches to put a padlock on the inside, and then locked them up and took the keys back to Mr. Lilley's shop and gave them to him.
Cross-examined. I know his writing very well; this "R.G. Blackwell" on this receipt is not his, but I believe the body of the receipt to be his—I do not think this "W." in "W. Johnson" is the same writing; the "W." does not look the same writing as the "Johnson," or like the writing of the body of the receipt—this first piece of paper of Blackwell's, and this "Johnson" on the receipt of 10th June, are certainly not the same writing—I do not know whose writing "Blackwell" is.
The prisoners received good characters.
JAMES LILLEY— GUILTY .— Twelve Months Hard Labour.
HENRY LILLEY— NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. SAUNDERS Prosecuted; MR. THORNE COLE Defended.
HENRY MANTEL (Police Sergeant L). On Saturday night, 1st September, about a quarter-past 11, I saw the prisoner in the Waterloo Road, standing outside St. John's Church with Parker, who was the worse for drink, and had this bag (produced) in her hand—the prisoner was standing opposite to her, trying to take the bag away—I called another constable's attention, and together we watched her—she did not succeed in taking away the bag then, but led her down Church Street for a short distance—I followed them on the opposite side of the road, and saw the prisoner suddenly snatch the bag away from the prosecutrix and push her in the chest—she fell down, and the prisoner ran away towards Cornwall Road, and as she ran wrapped the bag in her apron—I followed and stopped her at the corner of the Cornwall Road, told her I was a police officer, and asked her where she was going with that bag—I was not in uniform—she said "I am going to my two lodgers, as the woman told, me she lived in Stamford Street, and I can get assistance from them"—I asked her where she lived; she said in Legrand Place—I said "In that case you are going away from the direction of getting assistance; what are you concealing the bag for in that case?" she said "My dear, that is not the case"—I took her to the station—I found in the bag 15s., a pair of spectacles, and other articles—the prisoner was perfectly sober—the prosecutrix was very drunk.
Cross-examined. I have made inquiries and found nothing against the prisoner—the other constable was in uniform—the place where the bag was taken was not a very open place—nothing was taken from the bag, all the things were there—I inquired at Stamford Street and found the woman does live there—that is about a quarter of a mile from where the prisoner lives.
Re-examined. She tried to take the bag first in the Waterloo Road, and then she led the prosecutrix down 50 yards into Church Street, which is not an open place.
Cross-examined. The prosecutrix was very drunk—I have known the prisoner some years, and have made inquiries about her—she is a very respectable woman—I have seen her in the same house for the past two years; she may have been there for 16 years—I know nothing against her—she is a widow.
NOT GUILTY .
MR. SAUNDERS Prosecuted; MR. BURNIE Defended.
ABRAHAM MARKS LEVY . I am a jeweller, of 13, Thames Street, Kingston, Surrey—the prisoner entered my employment as traveller on 11th July, and was paid by salary and commission—he carried a jewel case with him and a book in which to enter sales, with a counterfoil—on Saturday, 1st August, the prisoner came back from his round; his case was filled,
except as to some things which he reported he had sold—he gave certain customers credit with my sanction—on 4th August he said he had sold a gold watch to Miss Hume for 3l. 5s., and that she had paid 15s. on account—he showed me this book, which he took with him—this receipt is in his handwriting—on 25th August he said that during the previous week he had sold two gold chains to two sisters of the Miss Hume whom he had sold the watch to, one for 2l. 12s. 6d. and the other for 2l. 15s., and that he had received 10s. on each—these are the papers he signed; these are the two counterfoils—on that same day he brought me a small piece of gold and instructed me to add more gold to it and make it into a ring at about the price of one of those in the case—I had it made and delivered it to him on 1st September—he said it was for the first Miss Hume; it was to be a cash transaction—on 8th September he came back and told me had sold the ring—he did not bring the money, I asked him why not, and he said Miss Hume had not got the money, but would pay him next time he called—I sent invoices to Miss Hume; they were returned—they have not paid for the property—I gave the prisoner into custody on 13th September, and charged him with stealing these things; he said "I have not stolen anything, it is illegal pawning"—I am not certain if this is the watch (produced) said to have been sold to Miss Hume; it is one of mine, and exactly like it—this is the ring(produced) I made which he ordered for Miss Hume—I can swear to this chain (produced); it was made for my own particular sale.
Cross-examined. I can only positively identify the ring of the things for Miss Hume—the prisoner's business would be to go to private persons, to servant girls, and induce them to buy—Miss Hume is a servant girl—they would buy for cash or credit or credit, very often on credit—I charge what I think is a good price—I find their credit is better than other people's very often—I keep an open shop, and sell goods at the same price in the shop as to these girls, taking off a discount for cash at the shop—I don't think I told the prisoner when he came that his predecessor did 14l. a week; I told him that in his last week his predecessor did 14l.—I think the prisoner collected he had done a very fair start—when he said Miss Hume had paid 15s. he paid me that 15s., and any sums he put down as having been paid over to me on the following settlingup day.
SARAH HUME . I am a servant at Bellevue Church Road, Norwood—the prisoner came to the house selling jewellery—about a month ago I gave him a ring to make up—I have not bad it back—I bought a brooch of him for 2s. 6d., nothing else—I never bought a watch of him—I never paid him anything but the 2s. 6d. for the brooch.
Cross-examined. He came back once after I gave him the ring, but my mistress was in, and I told him I did not want anything to-day—I spoke to him from the door—he pressed sales on me when I did see him.
CHARLES SCOTT. I am assistant to Mr. Hanson, a pawnbroker, of 175, New North Road—I produce these two rings, a gold watch, and a gold albert—this ring was pawned on 7th September; I have the ticket here, in the name of Henry Marriott, 5 Ryden Street, New North Road—the prisoner did not pawn it—I have seen the party since.
—after the charge was read over to him he said it was not a charge of stealing, it was a charge of illegal pawning, and he was very sorry for what he had done—I searched the room, and found 14 pawnbrokers' duplicates—this is the ticket relating to the watch—the gold watch and chain and two rings are all on one ticket.
NOT GUILTY .
Before Mr. Common Serjeant
MR. SAUNDERS Prosecuted; MR. BLACKWELL Defended.
ABRAHAM MARK LEVY . I am a jeweller, of 13, Thames Street, Kingston—the prisoner entered my service as traveller on 11th July at a weekly salary—his duty was to take a box of jewellery round to private houses and offer it for sale—on 8th September his case was quite full—I gave him in custody on 14th September—these 14 tickets relate to about half the property—these five gold and two silver watches are mine, and there is another to be produced—these seven gold chains, gold rings, and lockets are also mine—the prisoner had no authority to pawn them.
Cross-examined. I was in business with Louis Courlander—he is called so because he came from Courland—we have a large number of servant girls among our customers—these (produced) are all the books he had anything to do with—my former traveller over the ground, Ward, left me on the Saturday before July, when the prisoner came into my employment—he collected 9l. or 10l. a week—I did not tell the prisoner it was 12l. or 14l.—I paid him 1l. a week, and 5 percent, on the cash he collected—I made no complaint of the smaller amount the prisoner collected the first week or two after he came, because he was a new traveller, and did not know the round—he brought in 3l. 9s. 6d.—I did not tell him I could not afford to pay him 1l. a week unless he brought more—he said that most of the customers were away on their holidays, and I believed it—my average profit is 30 or 35 percent.—my late partner carries on the same sort of business; he has an open shop the same as I have—he is my personal friend—he is not Mr. Courlander, of Richmond, who you examined in a long-firm case.
WILLIAM MOSS (Detective Sergeant P). I took the prisoner on 14th September at Gipsy Hill, and charged him with stealing a gold watch and chain and other articles—he said "It is not stealing, it is illegal pawning; I am very sorry for what I have done"—I found on him these 14 duplicates—the property was all produced at Lambeth Police-court by 14 pawnbrokers and identified.
Cross-examined. I also found on him 8l. in gold and silver and a jewel case.
CHARLES HENRY STOCK . I am assistant to Mr. Attenborough, pawnbroker, of 80, Newington Causeway—I produce a new watch and chain pawned on 13th September for 30s.; I do not know who by—this is the ticket.
Cross-examined. We lend pretty well the full value—they are worth 2l. 7s. 6d.—it is called gold, but it is only metal.
Re-examined. I would sell it for that price if I was a jeweller; it is one of the commonest watches that can be purchased.
charged him with stealing other articles, some of them in August, a gold watch value 3l. 5s. and two gold pins—he said nothing to me about the watch—one indictment against him was tried last Tuesday, but none of these articles were included in it—I cannot fix the date when he pawned anything which was included in that indictment—here is one ticket dated August 24 for a gold watch and neck chain—he paid me 15s. on August 4—I think that was on account of a watch which he had sold to a Miss Hume, and on 25th August 10s. on account of a gold Albert chain which he had sold to Miss Hume for 2l. 12s. 6d.—these articles were included in the other indictment.
Re-examined. Miss Hume was examined in the last case, and stated that he had not sold anything to her—he has taken property from me for which he has paid me nothing—I authorised him to receive money from servant girls.
RICHARD HENRY CLOWN . On 13th September I was assisting Mr. Humphreys, a pawnbroker, of Peckham Bye, and this gold ring was pledged with me for 8s. by a person resembling the prisoner—this is the ticket—I asked him if it was his own—he said "Yes."
Cross-examined. I should sell it for 10s.
JOHN WRIGHT . I am assistant to Mr. Dicker, pawnbroker, of 125, Northampton Street, Camber well—I produce a silver locket pawned in the name of John Hammond for 4s. by a man who I believe to be the prisoner—he said it belonged to his wife.
Cross-examined. I should sell it for 8s. 6d.; 12s. 6d. is too much for it.
NOT GUILTY .
Before Mr. Recorder.
MR. MEAD Prosecuted; MR. GEOGHEGAN appeared for Berger, and MESSRS.
GRAIN and FILLAN for Wood.
FRANCIS HENRY TURNER . I am chief clerk to Coulthurst and Harding, oil and colour merchants, of Bristol—I do not know Wood personally—he was traveller to Coulthurst and Harding—I saw him pass through the office once, but I never spoke to him—I know his handwriting, by letters received from him—I never saw him write—I have received several letters from him, which I have acted upon—this is the counterpart of an agreement between Wood and our firm. (This was dated 13th June, 1882, whereby Wood was engaged as traveller at a salary of 200l. per annum, he engaging to devote his whole time to their service, and not to engage in any other business.) He remained in the service up to October or November, 1882, when the agreement was cancelled—this letter of 7th July is in Wood's writing. (This enclosed an order from C.W. Berger and Co., merchants, St. Mary's Chambers, St. Mary Axe, for 600 kegs of zinc-white paint.) In consequence of that I wrote to Wood, and after inquiries we executed the order on the faith of Wood's representations as to their respectability—it amounted to 61l. 8s. 2d.—the goods were delivered in London at the Poplar Station—the terms were cash in 30 days, less 1 discount—we were not paid in accordance with those terms—it went on for two months, and then a bill at one month was taken—that was paid—while that bill was current we had another order—before executing that we made further inquiries, in consequence of which we sent a letter, of which this is a copy, enclosing
a report from Perry and Co.—we then received this letter of 29th July, from Wood. (This repeated the assurance of Berber and Co.'s respectability.) We then received this other order, which we eventually executed, amounting to 80l. odd—it is dated October 11th—we sent this letter to Wood with the invoice (Dated 12th October, stating that no more goods would be sent till the bill was paid)—on 14th October we received this letter from Wood, still stating that he considered them trustworthy—there was a second letter to the same-effect—on 26th October we supplied the second lot of goods alter the first bill was met—we kept the order back till then—the bill became due about the end of October—this is a copy of the invoice of the second order—that amounted to 86l. 14s.—on 2nd November we received this letter from Berger—the terms were to be the same as the first, but eventually we took a bill at three months, as we could not get cash—we did not supply any more goods—we only supplied two parcels—we were paid 20l. and 10l. on the second—we received this letter of 1st February, 1883, from Berger, stating that they were unable to pay, but would do so next week—we then received the 30l., but nothing since—we had two other orders through Wood, one from Ehrnfest and one from Elkan, Francis, and Co.—we made inquiries and did not execute them—we did not know at the time we executed Berger's orders that Wood was in the service of the Banbury Paint Company, or that he was clerk to Berger; if we had we should not have executed the orders.
Cross-examined by MR. GRAIN. We delivered the goods to Berger and Co. on Wood's representations, quite contrary to our own feelings—we gave him two months' credit simply because we could not get the cash—it was paid—we refused to part with the second lot of goods till the first was settled for—we had 30l. on the second lot and sued for the balance and obtained judgment—we did not complain direct to the Treasury that we had been defrauded; I don't know that we complained to anybody—we did not apply for criminal process against the prisoners—I was merely called as a witness—I was not at the meeting of creditors under Berger's bankruptcy; I think our solicitor represented us there—we proved our debt—these goods were suitable for shipment; I don't know for what market; any market abroad or in the Colonies where paints are required—we gave Wood 15l. to cancel our agreement; the business he was doing was so unsatisfactory we gave it him to get rid of him.
Re-examined. There were no fruits from the action—it was after the bankruptcy proceedings that we first heard that Wood was connected with Berger and Co.
THOMAS ATKINS . I am a member of the firm of Atkins and Co., merchants, 6, St. Helens Place—on 3rd November, 1882, we received the documents relative to some white lead and black paint from Berger and Co., either personally or by post—I saw one of the prisoners about the matter; I cannot say which—we received this letter of 6th November, 1882, relative to that transaction. (This was from Berger and Co., of 10th November, enclosing three bills of lading amounting to 125l. 15s. 11d. for paint by the George Gordon.) We advanced 85l. 19s. 6d. on those bills, by cheque, and received this receipt—the goods were sent—we have not had any account from our correspondents; they have got the goods at Melbourne, but they are not disposed of yet.
Cross-examined by MR. GRAIN. We consign considerably to Australia—we have agents there; they would do the best they can for us according
to the market—we have received account sales in a much shorter time than twelve months, and sometimes in a much longer time—when the account sales are returned to us, if there is a profit over the amount of our advance it would go to the estate of Berger, subject to our charges—the advance as a rule is two-thirds of the invoice price.
Cross-examined by MR. GEOGHEGAN. At the time we made this advance we had in our possession quotations of the prices current in Australia—I should say the account sales would come out according to the invoice price, if the goods were what they were represented to be.
Re-examined. They would have left enough to pay our charges and a pound or two over—we had a transaction with Berger and Co. by the Yarra Yarra—that was an hypothecation by them—there was a loss upon that of 2l. odd.
By the COURT. These documents being lodged with me by Berger and Co., and the transaction which took place, was in the ordinary course of trade, there was nothing special or exceptional about it.
WILLIAM THOMAS SMEDLEY . I am an accountant at Birmingham, and am secretary to the Banbury Paint and Colour Company, Limited—in May, 1882, I advertised for a traveller, and received this application from Wood by post. (Dated 31st May, stating that he had an extensive connection in the trade and sixteen years' experience.) I appointed him, and this is the letter of appointment. (Dated 19th June, appointing for three months, at 5 percent, on sales, with a minimum of 3l. a week and travelling expenses; the whole of his time to be devoted to the company's business.) I received a letter on 20th June accepting the post—the first customer Wood introduced was C.W. Berger and Co.—this letter purporting to come from Berger I should say was decidedly in Wood's handwriting—I supplied Berger and Co. with goods, the first parcel on 1st August, 1882, to the amount of 93l. 15s.—I took a bill at three months for the amount—this letter from Wood enclosed it—while the bill was current I supplied other goods; this letter from Wood of 11th October accompanied the order for them; they were in two lots, amounting, I believe, to 75l., and another order amounting to 126l.—the first bill was met, also the bill for the second parcel—the others have not been met; that amount is 117l. 10s.—I saw Wood in London on 15th November, after a correspondence complaining that he did not send orders, and I told him that we could not go on any longer with the present arrangement, and this letter was written rescinding the arrangement—previous to that, on 8th September, he had given au order in the name of Elkan, Francis, and Co.—we supplied those goods, amounting to 112l., at the invoice price—we have recently had a payment made on behalf of a friend of one of the partners, a composition—I did not know when we executed these orders that they had been refused by Goulthurst and Harding—upon Wood's recommendation we supplied goods to Ehrnfest to the amount of about 50l.—I did not know that that order had been refused by Coulthurst and Harding—I did not know at that time that Wood was in Coulthurst and Harding's employment as traveller, or that he was clerk to Berger.
Cross-examined by MR. GRAIN. 93l. altogether has been paid to us by Berger—the second transaction for 75l. was after the first bill became due—I am sure of that—while the second bill was current we supplied him with goods, and he paid for the second lot in due course—the bill for
117l. was dishonoured—Berger came down to us and said that he had been disappointed in remittances, or something to that effect—he offered to pay 30l. in a week in cash off the bill—he did not pay it, and he asked us to break up the amount of the remainder in bills of one, two, and three months—I agreed to that—I make no complaint about Ehrnfest; that was a contra account—they are bringing an action against us, not for goods supplied—there was a small transaction with Elkan and Co., the first of which was paid—on the second transaction we have received a dividend of 13s. in the pound, not from that firm, but from a relative of one of the parties—we have sent goods abroad through Mr. Davis—having hypothecated them we had advances upon them—we only had one transaction, and we should not do it again.
Cross-examined by MR. GEOGHEGAN. We have not realised anything from the shipment; the goods have only gone out between two and three months; they were shipped to Australia.
JEFFREYS COX . I am manager to Messrs. Davis, merchants—I know a Mr. Young; he introduced Berger and Co. to me on 4th August last year—I have my cash books here—I think the first transaction was on 25th July—there was one of January 5th, 1883; that included six casks of paint, amounting to 81l., and twelve casks of ink—I advanced 65l. 18s. 9d. upon those, and shipped them by the sailing ship Alcar to Sydney—we nave not realised yet—they only started in January.
Cross-examined by MR. GRAIN. I have not made any criminal charge against the prisoners.
ROBERT THOMAS BRAITHWAITE . I am clerk to Norton, Trist, Watney and Co.—in June, 1882, Berger came to us and took an office at St. Mary's Chambers, St. Mary Axe—it was a room in the basement at 30l. a year—he signed this agreement and gave two references; one was James Wood, Esq., 12, Globe Villas, Mitcham, Surrey, and the other was Gilles and Co.—I wrote to Wood and received a favourable answer; this is it (produced)—the first two quarters were paid, the third we distrained for, and the man was paid out—a fourth was distrained for; we got the rent with difficulty.
Cross-examined by MR. GEOGHEGAN. I did not bring any complaint against Berger.
JOHN EDWARD PLOWMAN . I am housekeeper at St. Mary's Chambers—Berger's coming was before my time—the name of "Berger and Co." was on the doorpost and "Wood" underneath in small letters—persons have often come and made complaints during April, May, and June, seven or eight a day—they made a disturbance; I complained to Wood in consequence of it; he said it was not his fault, that he had nothing to do with Mr. Berger, he simply paid Mr. Berger a nominal sum for a seat in his office.
WILLIAM SMITH . I am traveller to Messrs. Frinneby and Co., brush manufacturers—on 12th April last I received this card from Berger and Co., asking for our price lists; I called at St. Mary's Chambers next morning and saw Wood—I showed him some samples and the printed list—our terms were 2 for cash—he did not give a reference to me personally, our people had a reference—this is it (produced)—Wood said that
the goods were for shipment by the Candida, and I believe a shipping note accompanied the order, which was for goods amounting to 52l. 4s. 2d.—we executed the order; one was for black ink—I called repeatedly for the money, but did not get it.
Cross-examined by MR. GRAIN. I think the goods were not sent by ship at all—they were hypothecated—we believed they were going to be shipped.
CHARLES GEORGE HAZEL . I am a wharfinger at the East and West India Docks—on 12th April I received a shipping order from Frinneby for a case of brushes by the Candida—upon the application of Berger we transferred them to Worms and Marshall, and we received instructions from them to put them on board the Sir Walter Raleigh, going to the same port.
Cross-examined by MR. GRAIN. I think the ship left about the second week in May—it was a sailing ship for Sydney.
EDWARD HOBBS . I am a chartered accountant—I was instructed by Frinneby and Son to call at Berger's office—I Raw Wood early in July—I said that I had been instructed by Messrs. Frinneby to call on him as to an overdue account, that they were desirous of knowing their position, that they could not extend credit any further to them unless they knew that Berger's position would warrant it—Wood said "Oh, we have not received the money from our customers abroad"—within a few months of that time I was talking to him, and I said "I suppose you have hypothecated these goods"—he said "Yes"—he made a total contradiction in the space of two or three minutes—he stated, as I understood, that he had an order for the goods.
Cross-examined by MR. GRAIN. I am the trustee of Berger—I was examined about this—I have examined his accounts—he did not pay away in his trading large sums amounting to 2,0002. (Referring to the ledger)—they have paid to their creditors about 1,000l.—I did not try to get an order at the Bankruptcy Court to prosecute the prisoners—the creditors passed a unanimous resolution to prosecute them, and Mr. Chandler having had Berger apprehended, the creditors instructed me to join in the prosecution—they paid their creditors 1,026l. during the 12 months they were in business—1,782l. was paid to the people who gave reference.
Re-examined. 699l. 12s. 6d. was drawn in the name of Wood and Berger, and 13l. in the name of Caverhead, for which there was no consideration traceable in the books—Caverhead trades in the name of Martin Long and Co.—they received 390l., consideration for which is not fully shown in the books—they were referees in these matters—I have seen the statement of accounts by Berger in his bankruptcy—the unsecured creditors are put at 2,483 17s. 4d., and creditors fully secured 2,287l. 12s. 4d.—the securities are estimated at 4,136l. 15s. 3d., and the balance is 1,849l. 2s. 11d.—I am not responsible for these figures—the liabilities are put at 2,483l. 17s. 4d., the book debts at 176l. 7s. 6d.—we only realised 1l. 5s. 8d. from the whole estate, and 17s.—I have written to the firms of shippers for a statement of the various goods passing through their hands, and I find the 4,136l. 15s. 3d. is to a great extent made up of figures that never existed in the books at all.
By MR. GRAIN. I have gone entirely upon figures, not upon surmise—Berger called at my office to try to borrow money; I asked him certain
questions upon the accounts, I did not ask him to explain these securities—I had the statements of the person who had received them after I was appointed trustee—I did not ask Berger to give me any information, I could not, he was in custody; but the figures have been given to his accountant, who was acting for him—no doubt he has seen him in prison—I have formed the opinion that Berger has wilfully and deliberately falsified the statement of affairs which he presented at the Bankruptcy Court—I have seen letters from several of the firms from whom goods were obtained, but I am still of the same opinion, because in those cases they salted the invoices, which led the creditors to suppose they had assets when they had none.
Re-examined. The estimated value of the securities is 4,136l.—I have made a claim on Ritongi, to whom some of the goods were hypothecated—I believe they claim the goods absolutely—I was present when the bankrupt was examined—I asked him whether he had represented to the creditors of whom he had obtained goods that they were for a particular customer abroad—he said that he had admitted to his creditors that the goods were for the execution of specific orders received by him from abroad—I asked him if that was true, and he said "No," it was not, that he had hypothecated the goods—that question was asked once or twice over in different forms at that meeting of creditors.
MATHEW AARON WORMS . The brushes belonging to Messrs. Frinneby were hypothecated by me on the 30th April—this cheque for 37l. is the cheque I gave—I shipped the goods to Sydney on the Sir Walter Raleigh.
Cross-examined by MR. GEOGHEGAN. The state of the Sydney market has been very depressed of late—I don't expect the goods will fetch what they cost—I know what salting an invoice means; invoices used to be frequently salted in former years; it is done in the City of London.
FREDERICK LEWIS WATKINS . I am the son of Charles Adolphus Watkins, brush manufacturer, trading as Hamilton and Co.—I received this letter from Berger and Co., dated 1st May, 1883, in reply to which we executed an order to the amount of 59l. 12s.—our terms were cash in 30 days—the goods were given to the London Parcels Delivery Company with the shipping note we had received referring to the Candida—we have never been paid—we merely sent the statement; we have never applied personally for the money.
MATTHEW AARON WORMS (Re-examined). These goods sold by Mr. Hamilton were hypothecated to me; I advanced 37l. on them—they have not yet been realised, there has not been sufficient time—I have had several transactions with Berger besides this—I don't believe these goods were salted to the amount of 100 percent.—I cannot say whether they will realise a profit.
CHRISTOPHER CHANDLER . I am a general merchant and ink manufacturer, and am auctioneer and valuer to the oil, colour, and grocery trade—shortly before 11th May this year I received an inquiry from Berger and Co. relative to the price of ink—those inquiries were answered, and on 11th May I received this order, and supplied goods to the value of 34l.—on 28th I received this shipping note—I forwarded 12 casks of ink to the docks, marked "R C" in a diamond, to go by the Bertha—the goods were afterwards withdrawn from the docks two days previous to the ship sailing—we have never been paid—on 10th July we received
a notice of liquidation and form of proof—I attended a meeting of Creditors—I saw Berger there and examined him with reference to this Ink—I said "Are you aware that the bertha did not sail for two days After we delivered the goods? he hesitated some time, I don't think he replied directly, but he left the inference that he knew it—said "What did you do with our goods?" he said "I got 17l. on them"—I said "Was it not 15l.?" he said "Yes"—I then said "Now, Mr. Berger, had you any order for those goods at all? Was it not a fictitions order? You had no specific order?" he said "No," he had not—I said "And you had them on purpose to pledge?" he made no reply to That—I had him about 20 minutes under examination.
Cross-examined by MR. GEOGHEGAN. I was not the only person who examined him half a dozen did—I was not the only party aggrieved, there were many of us—I had a reference—I did not go to the reference, because it was a cash transaction—I did not see the order when it came, my clerk did, he is not here—I did not notice the words, "Monthly account" on it; if I had I should have returned it immediately—did not see either of the prisoners.
WILLIAM JOSEPH CHANDLER . I am the son of the last witness—before Receiving the order I went to the prisoner's office—I saw wood; I said I had brought some samples of ink according to his inquiry, and I Produced them—I said our terms were cash; nothing was said about a Monthly account—I left samples with him—he said Mr. Berger was not in—he referred to a book and said he should require 12 casks of ink, six to contain 12 gallons of stone ink and six of 12 gallons of glass inks—immediately after the goods were supplied I called for the cash—I saw Wood; he was rather surprised and said, "Have you not received a letter?'—I had noticed "Monthly account" on the order before then.
Cross-examined by MR. GRAIN. I did not see it before the goods were Delivered—at first we had not got the goods in stock—Wood said he could not do anything till he had seen Mr. Berger—it took about a fortnight to get the goods ready—I was no doubt anxious to get the order—there was a little delay in completing the order, and wood said it was rather inconvenient as the ship was gone, and they would have to send it by another ship.
HENRY PICK . I am a wharfinger at the East and West India Docks—these goods were delivered there on 1st June—I received a transfer order to hold them to the order of Camma Moola and Co. for shipment per Bertha, signed "Berger and Co.," and no 7th June I received this shipping order to ship them by the Clara Buchanan on account of R. Johnson and Co., and they left by that ship on 8th June this year.
ADAM YOUNG . I am a commission agent—I introduced Berger and Co. With regard to there inks to Camma Moola and Co.—they declined to have them—I then introduced them to R. Johnson, and they were hypothecated by Berger to him—I saw this letter of hypothecation executed by Berger and Co.—I received a cheque for 15l. For my commission at 2 per cent.
Cross-examined by MR. GEOGHEGAN. I have known Berger about two Years—he came to me before he set up in business—he then represented
Mr. Birks, a manufacturer's agent—he said, "I have sent down these inks for consignment, and Camma Moola won't have them; can you ship them to another port?"—I have done other transactions with him in anodyne dyes—the account sales have not come in—I don't know the result.
Re-examined. I dare say I have introduced Berger to 35 or 40 transactions.
EDWARD ROACH . I am a tobacco clay pipe manufacturer—about 17th May I received a letter from Berger and Co., and went to their office and saw Wood—I submitted samples—I subsequently received an order—the terms were cash—I afterwards received a shipping order for the Candida—I sent an invoice of the goods amounting to 41l. 9s. 2d.—on 22nd June I received a letter enclosing a cheque for 5l., which was met—the balance was promised on the following Wednesday—I did not receive it; I applied for it—I had a letter on the 27th asking it to stand over for a week, and on 3rd July I received a cheque for 20l.; that was not met—I did not know that on the very day I received the 5l. the goods had been hypothecated for 20l.—when I went to the office I saw both the defendants, when the order was given—they said, "You don't expect the money before you deliver the goods, do you?"—I said, "No, but being in a small way, I shall want the money"—he said, "The moment we know the goods have come to the dock there is your money"—he did not say for what market the goods were, I think he said Australia.
LEONARD HUNT . I trade as Goldsby and Co., and am a paint manufacturer—on 16th October, 1882, I received an order from Berger and Co., and supplied paints to the amount of 52l. 10s.—our terms were 30 days—we were not paid—I called at Berger's office, and saw both Berger and Wood, and had a conversation with regard to the paint—I issued a writ against them for the money, dated 15th December, 1882.
WILLIAM CLARK . I am seller to Bush and Co., manufacturing chemists—Berger and Co. owe us 60l.—I served a notice on them, after which wood called—I served a demand in bankruptcy on 13th June, this year—an offer was made of 10l. down and 5l. a week—I did not stay proceedings.
Cross-examined by MR. GRAIN. The 60l. they owed us was the balance of a dishonoured bill—there was another bill due, making altogether 100l.—they paid us 40l. under very great pressure.
Re-examined. We were reference for them—while we were so they paid us—we then ceased to be reference—I saw Wood, and asked him for the money—he said "It is all right, you shall have yours"—I said "How about all these creditors that are coming here day by day?"—he said "Leave that alone, don't trouble about them, you shall have yours; they will have to wait;" he did not say anything to me about continuing to be reference.
WILLIAM CROSHER . In December, 1882, I was carrying on business as an ink manufacturer—I supplied goods to Berger and Co. to the amount of 26l. odd—that was not paid—on 9th February, 1883, I received a second order for about the same amount—it is in Wood's writing—I saw him write a portion of it—I supplied the goods—I went to the office,
and saw both the defendants—the first order was to be paid in a month—before that month was up a second lot was delivered—they asked me to draw a bill at the month for both amounts, which I did—it was not met, and I issued writ—I have not received any money.
CHARLES WILLIAM LANGFORD . I am clerk to Mr. Barnes, a solicitor—we were instructed by Mr. Crosher to sue, and this writ was issued on 23rd April, 1883, to which no appearance was entered—judgment was signed on 3rd May—a demand in bankruptcy was served on 3rd April—I have not realised anything by the proceedings.
CHARLES THOMAS FOSTER . I am a solicitor—I was instructed to issue a writ for 53l. 4s. 9d., for goods supplied by Mr. Clark—judgment was signed on 20th February—an execution was put in the same day—we did not realise anything.
MORRIS HARNETT . I am clerk to solicitors—I issued a writ against Berger for 54l. 4s. 5d., dated 24th January, 1883—no appearance was entered—judgment was signed on 1st February—10l. was paid, nothing else.
ROBERT KEENAN . I am a clerk to Fowler and Co., solicitors—we were instructed on behalf of W.J. Metcalfe against Berger and Co, and issued a writ on 3rd March, 1883, for 75l. 10s. 10d.—I served it on a boy in the office—I first of all saw Wood—I asked for Mr. Berger—he said "Step this way"—he said "I am not Mr. Berger; I have an agency business here"—I said "Then I will serve the writ on the boy"—we issued execution on 7th April and realised nothing—I think we afterwards received about 7l. 17s., but there was a further debt on a bill—bankruptcy proceedings were instituted on 26th May—I served a demand in bankruptcy—I think I left it with Wood—the particulars of the demand were sent by post—I made an affidavit—the debtor summons was issued—Wood said "You can leave it with me, I am his clerk," or "his managing clerk"—I said "You have a short memory; when I came here to serve the writ you said you had nothing to do with it"—I don't think he made any reply to that.
GEORGE WORRELL . I am clerk to Mr. Butcher, solicitor—I was present at a meeting of creditors in the estate of Berger and Co. on 1st August this year—Mr. Butcher was there representing Mr. Frinneby—he examined Berger, and I took shorthand notes of the questions and answers—this is a transcript (Read).
RICHARD KIMBER (Police Sergeant). I apprehended Berger on 6th August—I read the warrant to him; it was for obtaining 12 casks of ink from Mr. Chandler, with intent to defraud—he said "You cannot do that, the estate is in bankruptcy"—I said "On this warrant you will be taken before a Magistrate"—I went to Wood's house, No. 12, Glebe Villas, Mitcham, the day he was arrested—I found these two bills of exchange, drawn by Berger and accepted by Wood, dated 1st January and 4th April respectively, for 54l. and 92l. at three and two months—I also found two cheques, dated 29th and 31st, 1883, for 5l., drawn on the Central Bank of London in favour of Ridsdale and Sons by Burger and Co., both marked "Refer to drawer," also six blank cheques on the Central Bank, signed "Charles W. Berger," and a number of cheques drawn by James Wood in favour of Berger having been through the bank—they were dated from 22nd September, 1882, down to 27th December, 1882, amounting in all to 99l.
Cross-examined by MR. GEOGHEGAN. I did not search Berger's house—I know that no papers were taken from his possession—I was the only Officer there—I did not go to his place of business—I do not know whether among his papers there were a large number of orders from Continental customers.
JOHN GARDNER (Detective M). I took Wood into custody on 14th Aug.—I told him I was a police officer and should take him into custody—I showed him the warrant, he said "Let me read the warrant"—I let him read it; he said "That is all right, I will go with you."
EDWARD HOBBS (Re-examined). The estimated value of the securities in the statement of affairs is 4,136l.—the aggregate amount of the invoices by the manufacturers is 3,618l.; but in arriving at these figures I have been obliged to supply the blanks of invoices which were missing—the amount charged in the ledger is 4,775l.
Cross-examined by MR. GRAIN. I have been through the invoices of the persons from whom the prisoner purchased goods—proximately they amount to 3,648l. on the statement—the prisoners have invoiced those good to the colonies at 4,136l., that is a profit on the cost price of something under 500l.; that would be 14 or 15 per cent, on the 3,648l.—I don't offer an opinion as to whether that is wrong; I am not in the trade, and don't know what is usual.
GUILTY .— Fifteen Months' Hard Labour each.
ADJOURNED TO MONDAY, NOVEMBER 19TH, 1883.