CENTRAL CRIMINAL COURT
SECOND SESSION, HELD DECEMBER 10TH, 1883.
MINUTES OF EVIDENCE.
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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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, December 10th, 1883, and following days.
Including cases committed to this Court under Order in Council pursuant to the Winter Assize Act of 1879.
BEFORE the RIGHT HON. ROBERT NICHOLAS FOWLER, M.P., LORD MAYOR of the City of London; The Hon. Sir ARCHIBALD LEONI SMITH, Knt., one of the Justices of Her Majesty's High Court of Justice; Sir ROBERT WALTER CARDEN , Knt., M.P., Sir ANDREW LUSK , Bart., M.P., DAVID HENRY STONE , Esq., and Sir CHARLES WHETHAM, Knt., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Recorder of the said City; GEORGE SWAN NOTTAGE , Esq., HERBERT JAMESON WATERLOW , 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.
FOWLER, MAYOR. SECOND SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, December 10th, 1883.
Before Mr. Recorder.
105. GEORGE TWYNAM PORTER (58) was indicted for that he, being a solicitor, unlawfully converted to his own use certain moneys entrusted to him by Joseph James Henshaw. Other Counts varying the form of charge.
MR. SAFFORD, for the prisoner, applied to quash the First Count as bad, the allegation not being that he was entrusted with the money as a solicitor, as required by 24 and 25 Vic. r c. 96,' sec. 75, but only that, being a solicitor, he was entrusted, &c. MR. BESLEY, for the prosecution, could not consent to the quashing of one part of the indictment, but would prefer the whole being quashed. The RECORDER was of opinion that MR. SAFFORD'S objection was fatal to the first count, and by consent the indictment, as a whole, was quashed.
106. WILLIAM HENRY WEAVER (54) PLEADED GUILTY to three indictments for embezzling 423l. 19s., 194l. 12s. 3d., and other turns of the Right Hon. William Ewart Gladstone and others, his masters. Other Counts, of the Colonial Bishoprics Fund.— Five Years' Penal Servitude.
108. ARTHUR WOODROOF (18) to stealing three boxes of lace and 25l. of James Hughes and others, having been before convicted**.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
MR. CARTER Prosecuted.
WILLIAM WILLAMSOM (Policeman B 280). On the night of 25th
November, just before 12 o'clock, I was with Stewart on duty in Buckingham Palace Road, outside the Grosvenor Hotel—I saw the prosecutor the worse for drink, leaning against the wall of the hotel—the prisoner and another man accosted him, and asked him to buy a box of matches—the prosecutor put his hand in his vest-pocket and took out some money and gave the prisoner something for the box, I could not gay what it was, and took the box—the prisoner caught hold of the prosecutor's arm, and said "You are the worse for drink; I will see you home"—the prosecutor said "No, you won't"—the prisoner said "I know you, and I will see you home"—the prosecutor then shook the prisoner off his arm and crossed over to Lower Belgrave Street; the prisoner followed him; the other man went away—the prisoner followed the prosecutor' to Ebury Street; Stewart and I crossed on the other side of the road, and concealed ourselves in a dark doorway—the prisoner and prosecutor had not been there above five minutes when I saw the prosecutor fall on his back, and the prisoner fall on the top of him—the prosecutor immediately called out "Police!"—we immediately ran across the road, and saw the prisoner just getting up from the prosecutor; his right-hand was clenched—I seized it just as he was about to put it into his right-hand pocket—I forced it open—it contained a penny—the prosecutor's right-hand waistcoat pocket was turned inside out—he charged the prisoner with stealing a half-crown—the prisoner said "Are you sure it is not a 2s. piece"—he said "No; I am sure it is a half-crown"—I took the prisoner to the station, searched him, and found a half-crown and 2d. in bronze in his right-hand trousers pocket—I also found on him a discharge from the 55th Regiment of foot—he was sober—the prosecutor complained of pains in his back—another constable got up to the spot just as we were crossing the road, he was close at hand—he had not been there when I first saw and followed the two men.
Cross-examined by the Prisoner. I did not see anything drop on the pavement when he gave you the penny.
JOHN FOWLER (Policeman B 340). On Sunday night, 25th November about 12 o'clock, I was on duty in Lower Belgrave Street—I saw the prisoner and prosecutor together at the corner of Ebury Street; they had hold of each other—they went along the street a little farther, still having hold of each other—I heard one say something about police; afterwards I heard one shout "Police!" aloud two or three times—I at once ran towards the spot—just before I reached them they both fell to the ground together—I went and caught hold of one of them, which I believe was the prisoner—they both got on their feet, and Williamson came up and caught hold of the prisoner—the prosecutor said the prisoner had got a half-crown of his'—the prisoner denied having it—the prosecutor had been drinking; the prisoner was sober—the prosecutor said he had bought a box of matches of him for which he gave him 1d. y and that in doing so he dropped a half-crown, which the prisoner picked up and refused to return—the prisoner made no answer to that.
Cross-examined. I saw the two struggling together—I could not tell what you were doing; I could not distinguish you from the other then.
ARTHUR ORPIN . I am a grocer's assistant, and live at 199, Clapham Park Road—on Sunday night, 25th November, between 11 and 12 o'clock, I was coming along Buckingham Palace Road; the prisoner asked me to buy a box of lights of him; I gave him a copper for them—I can
remember no more; I was struggling with him in Lower Belgrave Street—I fell down and called out "Police!" and two officers came to my assistance—when we got to the station I charged the prisoner with stealing a half-crown—he said "Are you sure it is not a 2s. piece"—I said "No, I can safely swear it was a half-crown"—I examined my pocket; it was turned inside out, and a half-crown was gone and some other money—I had never seen the prisoner before—he said he knew me, and would take me home—I did not want his assistance—I do not recollect dropping a half-crown—it was in my waistcoat pocket, and when the officers came up my pocket was inside out.
Cross-examined. I don't know whether you were going to rob me or not—I was struggling with you—I had had a glass or two too much—I cannot identify my half-crown.
NOT GUILTY .
MR. GOODRICH Prosecuted; MR. BROUN Defended.
FREDERICK WILLIAM WHITE . I live at 141, Packington Street, Islington, and am an engineer in the employment of Cowan and Sons, 50, Cannon Street, papermakers—on Saturday, 10th November, between 10 and 11 in the morning, I was at my engine on the premises—the prisoner came in with a mallet in his hand—he came round the stack of paper, raised the mallet over his head in a throwing position, and said "Sod, I will do for you"—I struggled with him—I can't swear whether I received a blow or not, it was so sharp—while struggling we turned round, and I pushed him on the ground and ran down the stairs, where I saw Mr. Watson—I was then bleeding from the back of my head, across my eye, my nose, and my forearm—I made a statement to Mr. Watson, and was taken to the hospital—after I came back from the hospital I went back to the firm, and from there to the station in Thames Street, and I there charged the prisoner with having inflicted these wounds—I was afterwards an outdoor patient at St. Bartholomew's Hospital from the 10th to the 16th, and from the 15th to the 23rd I was an indoor patient; I was discharged on the 23rd—the prisoner and I had not been to say on friendly terms; we had one quarrel, but we had not spoken for some time.
Cross-examined. We saw each other repeatedly; we worked for the same firm, not on the same floor—we saw each other repeatedly in the course of the day—this assault took place in the engine-room, against the engine—the engine is fenced round with wood, not quite to my height—I was angry with him for coming round in that position—we got in a struggle, and in the struggle I hit him in self-defence as far as I could—I can't say whether he had hit me at that time—I think I was insensible at the time—I know the struggle took place—whether I had the blow before with the mallet or not I can't say—I did not see any other instrument than the mallet—the wound over my eye was bleeding freely; I had it sewn up, and also the wound behind the ear—I went to the hospital in a cab—no other words were used than I have mentioned.
GEORGE WATSON . I am a member of the firm of Alexander Cowan and Sons, 50, Cannon Street, papermakers—the prisoner and prosecutor were in our service—on 10th November, about 11, I was on the ground floor of the premises and saw the prosecutor come running down the stairs holding
a handkerchief to his head, and the blood was pouring down from him in every direction—his arm was cut, and his face was bleeding just below the right eye—he made a statement to me, in consequence of which I sent for a cab and took him to St. Bartholomew's Hospital—I called the prisoner downstairs and asked him why he had assaulted White; he said because White had accused him of robbery—he also said that White had injured him on the arm, and he showed me a mark; it looked like an' abrasion of the skin—he said" I intended to hit him with the mallet, but I don't think I did—I detained him, and White subsequently charged him.
Cross-examined. White came down the stairs pretty fast—the mark on the prisoner's arm was evidently recent; it was bleeding, not profusely—he had been in our employ about 18 months, has borne a very good character—there has been no complaint against him.
FREDERICK DAVIS (City Policeman 594). On 10th November, about 11, I was on duty in Cannon Street, and saw White coming out of No. 50, almost covered with blood—I put him in a cab and took him to St. Bartholomew's Hospital—I subsequently took him back to 50, Cannon Street, where he gave the prisoner into custody for committing an assault upon him—I took the prisoner to the station—on the way he asked if White was much hurt; I said I was afraid he was, I was afraid it was serious—he said "I must put up with it, I must make the best of it"—he was charged at the station, and made no answer to it.
GUILTY of unlawfully wounding.— Four Months' Hard Labour.
NEW COURT.—Monday, December 10th, 1883.
Before Mr. Common Serjeant.
113. JOHN THOMAS LEGG (47) PLEADED GUILTY to stealing, whilst in the employment of the Post-office, a letter containing two 5l. notes, the property of H.M. Postmaster-General.— Eighteen Months' Hard Labour.
114. WALTER JOHN THOMAS MIDDLE (35) to stealing, whilst in the employment of the Post-office, a letter containing a meerschaum pipe and case, the property of H.M. Postmaster-General.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
115. SAMUEL WARDEN WOOD (47) to stealing, whilst employed in the Post-office, a post letter containing a pair of fishing boots, the property of H.M. Postmaster General.— Eighteen Months' Hard Labour. And [Pleaded guilty: See original trial image.]
116. HARRY SHROPSHIRE (26) to stealing, whilst employed in the Post-office, a letter containing three glass bottles, the property of H.M. Postmaster-General.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
DAVID LYONS . I live at 35, Fashion Street, Spitalfields—on Sunday, 11th November, my wife served the prisoner with a pair of socks, price 5 1/2 d.—he gave her a half-crown; she passed it to me and I said "Is this good?"—I was talking to a friend and took no more notice, but put it in my waistcoat pocket—I afterwards found it was bad and gave it to a constable—this is it.
EMILY BLANDFORD . My mother keeps a provision shop at 28, Brick Lane—on 12th November the prisoner bought something which came to 2d., and gave me a silver coin—I do not know what it was, but I gave him
the change—he returned in half an hour and asked for two eggs, and gave me a half-crown—I gave him 2s. 4d. change and put it in the till—there was no other half-crown there—directly he was gone I examined it, found it was bad, showed it to my mother, and put it on a shelf—he said he was coming back again, but he did not come back till the Thursday, when he asked for some tea and a glass of milk, and gave me a half-crown—I bent it easily in the tester, and asked if he knew that he had given me a bad half-crown on the Monday—he said "No"—I said "You gave me one bad half-crown if not two"—he said he did not do it with intent to rob my mother, and he would make one good—I have known him about two years as a customer—these are the coins—my mother gave them to the inspector—I gave one back after bending it.
ELLEN BLANDFORD . I am the mother of the last witness—she handed me a half-crown on 12th November, and at the end of the day I found another in the day's takings—I did not see the prisoner; I was laid up ill—I kept them till the 16th, when the prisoner was given in custody, and then I took them to the station.
MARY GRAYBERT . My husband is a pork butcher, of 15, Brick Lane—on 15th November, about 9 a.m., I served the prisoner with 11b. of pork—he gave me a half-crown; I saw it was bad and showed It to. my husband, who spoke to the prisoner—he said "Oh, is it bad? I have just come from Taylor's, and am just going to work"—I gave it back to him; he paid me with good money and left—he came back about 1.30 the same day for 1/2 lb. of pork and a 1/2 d. carrot, and put down a bad half-crown—I gave him in charge and gave it to Joslin with the other.
GEORGE JOSLIN (Policeman). Mrs. Graybert gave the prisoner in my charge with these three half-crowns—on the same day Mrs. Blandford brought these two half-crowns to the station, and Lyons also gave me one—I found nothing on the prisoner.
Cross-examined by the Prisoner. You were the worse for drink.
WILLIAM WERSTER . I am Inspector. of Coin to Her Majesty's Mint—these six half-crowns are bad—the one produced by Lyons and the two from Mrs. Blandford are from the same mould, and the three produced by Mrs. Graybert are all from one mould, but not the same mould as the others.
The prisoner produced a written defence, stating that he Suffered from sunstroke, and a very little drink made him insane.
GUILTY .— Twelve Months' Hard Labour.
WHITE PLEADED GUILTY .
MR. LLOYD Prosecuted.
JOHANNA ZOLLER . My husband keeps a restaurant at 85, Fenchurch Street—on 28th Nov. I served White with two buns—he gave me half a crown—I put it in the till, gave him the change, and he left—a detective came in directly—I went to the till and found the half-crown was bad; it was the only one there—I gave it to him; this is it.
JAMES EGANC (City Police Sergeant). On 28th November I was in Fenchurch Street off duty, and in consequence of what Murphy said to me I watched the prisoners and saw White come out of the shop with, a paper bag in his hand—he crossed the road towards Mitre Street—Collins
joined him in the middle of the road—I sent Murphy into the shop while I followed the prisoners into Mitre Street, Aldgate, where Murphy joined me—I took hold of Collins, who immediately threw something from his right hand under his arm behind him—I heard something fall and called to a fireman, who brought his lamp, and I picked up this parcel containing five bad half-crowns and a bad florin, all wrapped separately in paper, with brown paper outside—Murphy took Collins—we took them back to Mrs. Zoller's shop—she produced the half-crown, which she marked—the constable marked it also—I searched White and found a silver watch, a metal chain, a good half-crown, and a penny, and on Collins two shillings and eight pence—after the inspector read the charge White said "I bought fourpenny worth of buns at the shop"—I said "What have you done with the change?"—he said "I slung it in Mitre Street"—he afterwards said "I threw the packet away, and not Collins"—that was said in a jocular manner—I adhered to my statement that it was Colling who threw it away, because he was almost half a yard away from White, and it was thrown where White could not have possibly thrown it.
JAMES MURPHY (City Policeman 853). On 28th November, about 6.30 p.m., I saw the prisoners together near Fenchurch Street Station—I watched them—they were joined by two other men, and the four went into the Globe at the corner of Seething Lane—I went into the next compartment—they called for some ale and paid for it—they then went to Crutched Friars—White went into Mr. Zoller's, Collins went on 20 yards and came back and stood looking in the window—I watched with Egan till White came out—I then went in, and Mrs. Zoller handed me this half-crown—I came out, followed the prisoners, caught hold of White, and Egan caught hold of Collins, who threw something away—I heard it drop—Egan picked it up—I saw it opened—it contained five bad half-crowns—White had on him a good half-crown and a penny, Collins had two good shillings and eight pennies.
Collins's Defence. I was with White, but I did not throw anything away. I had nothing.
COLLINS— GUILTY .— Twelve Months' Hard Labour . WHITE— Fifteen Months' Hard Labour.
MR. LLOYD Prosecuted.
JOSEPH SHORTLAND . I am a cab driver of Annette Road, Holloway—on 7th November, about 10 p.m., the prisoner jumped into my Hansom's cab in Oxford Street without hailing it—I said "Come out"—he said "Go on to Gray's Inn Lane"—I stopped at the corner of Gray's Inn Rood and Theobald's Road—he got out at the corner of Clerkenwell Road and asked me to have a drink—I said that I was a tetotaller, but I wanted my fare—he handed me a half-crown and asked me to give him a shilling change—I saw that it was bad, and said "This won't do for me"—I saw a policeman and called him—the prisoner took hold of my arm and attempted to take the coin from me, but I said "You won't have this any more," and gave it to the constable—this is it.
Cross-examined by the Prisoner. You did not merely ask me to let you have a look at it, you made a grab at it and said that it was not bad—you got out before I drove you to the right place—I drove you by mistake among a lot of wheelbarrows where there was no thoroughfare.
GEORGE COLLINS (Policeman G 283). On 27th November, about 10 p.m., I was outside the Duke of York, Clerkenwell Road, and saw the prisoner hand Shortland something—Shortland rubbed it with his finger and attempted to ring it on the pavement—they were on the pavement—the prisoner made a snatch at it as if to take it away but could not get it—Shortland said it was bad—the prisoner said "It is not a bad one, and I know nothing about it"—Shortland gave it to me, and I produce it; I found that it was bad—he said that it was not—I told him I should search him—he said "No, not in the street n—I said "Yes, I am compelled to do so"—he put his right hand into his trousers pocket and pulled out some coppers, among which I noticed one bright coin—I asked him to let me look at it, instead of which he put his hand back into his pocket, but dropped the bright one on the ground very neatly; it fell on the stones and jinked—I picked it up and said "This is a bad one also"—he said "I know nothing about it, you are mixing it up for me"—he had 4 1/2 d. on him—Shortland said that he should have driven him down Laystall Street, instead of which he went down Vine Street, which is no thoroughfare.
Cross-examined. Another man did not catch hold of your hand and knock the coin out of it; I had not called him to assist me then, he did not touch you.
Prisoner's Defence. The cabman drove me to the wrong place. I am innocent of knowing that the coins were bad. I might have got it when I changed a half-sovereign.
GUILTT .— Nine Months' Hard Labour.
OLD COURT.—Tuesday, December 11th, 1883.
Before Mr. Recorder.
120. JOSEPH HENRY COLLETT (28) PLEADED GUILTY to three indictments for feloniously forging and uttering cheques for the payment of 2l., 1l., and 1l., with intent to defraud.— Nine Months' Hard Labour.
121. WALTER SEVENOAKES (28) to stealing a gun, the property of John Henry Fellowes; and EDWIN BARRETT (33) to forging an order for the delivery of a gun, and stealing two guns, the property of Thomas Henry Burroughs.— Twelve Months' Hard Labour each. [Pleaded guilty: See original trial image.]
MESSRS. POLAND and FULTON Prosecuted; MR. BESLEY Defended.
The Jury in this case being unable to agree, were discharged without returning any verdict, and the case was postponed till the next Sessions.
FOURTH COURT.—Tuesday, December 11th, 1883.
Before Robert Malcolm Kerr, Esq.
MESSRS. LLOYD and BOULTER Prosecuted.
GEORGINA STACEY . My husband is a butcher, of 144, Brick Lane—on 27th October I served the prisoner with a shoulder of mutton, she gave me a coin which I thought was a sovereign—I gave her the change, and she took it away—I placed it on the mantelpiece, and afterwards gave it to my husband, and found it was a Hanoverian medal—this is it—I saw the prisoner in the shop a day or two afterwards.
THOMAS STACEY . I weighed a shoulder of mutton for the prisoner on 27th October, and my wife showed me a medal—on 3rd November I saw the prisoner in Mr. Ansell's shop, a butcher's opposite—I said "You are the woman who gave my mistress a bad sovereign last week"—she said that she did not, and had not been in the shop, but I knew her as a customer.
Cross-examined by the Prisoner. I have seen you up and down the lane ever since I have been in London, and that is four years.
CATHERINE ANSELL . My father keeps a butcher's shop in Brick Lane—on 3rd November I served the prisoner with a shoulder of mutton, price 2s. 1d.; she gave me a Hanover coin—I said "This is not a sovereign," and she paid me with 2s. 1d.
EDWARD BAGBY (Policeman H 242). The prisoner was given into my charge at Mr. Ansell's shop, and Mr. Stacey came and said "That is the woman who passed the bad sovereign last week"—she said "It was not me"—I asked the prisoner where the coin was—she said "I don't know," and pretended to look for it—I saw her hand clenched, forced it open, and found the coin.
Prisoner's Defence. I never was in the first shop. I went into Mr. Ansell's shop, but I did not know the coin was bad.
GUILTY of the uttering to Ansell. — Twelve Months' Hard Labour.
MESSRS. LLOYD and BOULTER Prosecuted.
GEORGE EDWARD FOSTER . I keep a chemist's shop at Ball's Pond—on 29th November, about 2.10, the prisoner came in, and I recognised her; she asked for an ounce of citrate of magnesia, which came to 3d., and gave me a half-crown—I said "This is a bad one; if you remember, four or five weeks ago you came for two Seidlitz powders, and tendered me a bad half-crown"—she said "I was never in your shop before"—I put it in the fire and it melted immediately—on the first occasion I gave her the change, and found out three minutes afterwards that it was bad.
GUILTY of the second uttering. — Twelve Months' Hard Labour.
MESSRS. LLOYD and BOULTER Prosecuted.
KATE LAIGHT . I am barmaid at the Marlborough Head, Bishopsgate Street—on 23rd November I served the prisoner with some brandy-and-water, she gave me a half-crown—I gave her the change and she left—I laid it by itself and afterwards found it was bad when I wanted to make up 10s. change—it had not been mixed with any other money—there were no other half-crowns, only sixpences and shillings—the governor picked it up and told me it was bad, and I told him who gave it to me—on the 26th November the prisoner came again—a new barmaid served her, but I stood by to show her what to do, and she handed me a half-crown which the prisoner gave her for threepennyworth of brandy—I gave it to Mr. Murch—I cannot be mistaken about the prisoner because she came into the house all the week every morning at the same time.
ELLEN PROSSER . I am a barmaid at the Marlborough Head Tavern—on 26th November, between 12 and 1 o'clock in the day, I served the prisoner with threepennyworth of brandy, she gave me a bad half-crown—I showed it to the last witness, who had spoken to me, and therefore I did not give the prisoner change.
JOHN MURCH . I am manager of the Marlborough Head, Bishopsgate Street—on 23rd November Laight showed me a bad half-crown, and on the 26th another—the prisoner was in the bar and I gave her in custody with both the coins.
JOHN BAKON (City Policeman 963). On 26th November Mr. Murch gave the prisoner into my custody with these two coins—she said "I did not utter two, I only uttered one to-day, and I did not know that was bad"—I asked if she had any more, she said "No," and produced a purse containing five good shillings—she gave her address, 17, New Road, Wandsworth, but there is no such place.
THOMAS VARLEY . My mother keeps a chemist's shop in the Borough—on 29th July, about 8.20 p.m., the prisoner came in for a powder, which came to 1 1/2 d., and tendered this bad half-crown (produced)—I gave her in custody with the coin—she was discharged by the Magistrate.
GUILTY .— Two Yea H ard Labour.
MR. SCALES Prosecuted.
JOHN BOXALL . I live at 13, Southern Street, Westbourne Park—on 23rd November I was in Berners Street, two men walked behind me, I went on to Bell Street and saw the prisoner and four others—I passed on one side and walked some distance—when I was crossing North Street I received a violent blow between my shoulders by one of his companions with some instrument, and the prisoner ran towards me as if he was going to hit me, and dragged my watch out of the lining of my waistcoat and broke my silver chain—he dragged me from one lamp-post to another—I halloaed "Stop thief!" and a young man ran out of an oilshop and caught him—one of his companions knocked the young man about and him too—I caught hold of the prisoner; the other man escaped—the prisoner used disgusting language and said "You let go of me, and you feel in your pocket, you have
got your watch in your pocket"—I said "No, my pocket is inside out"—I gave him in charge and took a cab to the station, and when the constable brought him in he said "You feel in your pocket, you have got your watch now"—I found it in another pocket, a lower one—I had seen it in the prisoner's possession.
JOSEPH TRICHIN . I live at 26, Richmond Street—on 23rd November I was in North Street and saw the prisoner and four other men hit Mr. Boxall on his back—he turned round and wanted his watch, his chain was hanging down—I ran for a constable and the prisoner was given in charge.
JAMES WILLIAMS . I live at 88, North Street—on 23rd November I was in Mr. Wills's oilshop—there was a cry of "Stop thief!"—I went out and saw the prisoner running—I caught him and received two or three severe blows in my face—one of his companions assaulted me, but I held him till he was given in charge.
Prisoner's Defence. I heard a cry of "Stop thief." This chap stopped me and hit me. I hit him back, and when he took me said "I will work it up for you."
GUILTY .— Two Years' Penal Servitude.
The COURT ordered a reward of 10s. to Trechin and 1l. to Williams.
MR. SCALES Prosecuted.
JENNY GRAHAM . I am the wife of Harry Graham, of 9, Hunter street—on 25th November I met the prisoner in Sidmouth Street—I knew him by sight—I had not seen him that night—I had some celery in my hand—he asked me if I would give him money to get some drink—I said "It is no use, as the houses are closed"—I gave him 2d., as I was very much afraid—he took my purse from my hand—I screamed "Murder" and "Police," and he knocked me down with his foot, and I knocked my elbow against the kerbstone—I was stunned for a moment—I got up and he was gone—I afterwards saw him in Wilmington Square with two or three other men and charged him—I am sure he is the man.
ELLEN SMITH . I live at 22, Sidmouth Street, Gray's Inn Road—on 25th November, about 12.15, I was standing at my street door waiting for my husband, and saw the prisoner snatch a purse from Mrs. Graham's hand—he knocked her hat off, hit her on the chest, and knocked her into the road on her back—she called "Police"—the prisoner opened the purse and then threw it into the gutter—she called "Police" again, and he punched her in her chest and knocked her celery into the road—I was five or six yards off.
Cross-examined by the Prisoner. I was right facing you—you took the purse and shook it, and when she went to catch hold of your arm you threw her into the gutter.
JOHN FUDGE (Policeman E 116). I heard cries of "Police"—Mrs. Graham complained to me—I went in search of the prisoner, and she identified him and charged him with knocking her down and stealing her purse and some celery—at the station he said "You lying cat, you know there was not 12s. in it"—I found 2d. on him.
Prisoner's Defence. I was drunk and don't know anything about it.
GUILTY . He then
PLEADED GUILTY to a conviction at Clerkenwell in February, 1873. (He had been ten times convicted of assault.)— Five Years Penal Servitude.
MR. SCALES Prosecuted; MR. BLACKWELL Defended.
URBAN HOBDEN (Policeman B 269). On 17th November, about 6 p.m., I was on duty with Dyson in Westbourne Place, Pimlico, and saw the two prisoners loitering—Harley went up to Mr. Kitching's door, 24, Eaton Terrace, and returned to a lamp, where Jackson was standing—Jackson then went to the shop and stooped to the grating, as if lifting it—a lad stopped close to them and they walked off, and I lost sight of them for a few minutes—they returned, and the lad went on to Sloane Square to call a uniform constable who was coming up—we took them in custody, and then found a piece cut out of the door—on the way to the station they were very violent and struck me several times, and my prisoner took this instrument from under his coat and attempted to strike me—Dyson came to my assistance and a City constable in plain clothes—I got further assistance and we had to carry my prisoner to the station—I found this jemmy in the garden; it corresponds with a mark on the door and on the grating—I went back to the station, searched my prisoner, and found on him 1s. 2d. in bronze, a latchkey, a knife, a piece of candle, and a pipe—he gave an address, and I found he was a casual lodger there—he was sober.
Cross-examined. The shop stands back a little—I could not see the door from where I stood—it was pretty dark, but we could see them very plain.
THOMAS DYSON (Policeman B 268). I was on duty with Urban, and saw Harley go up to the door of Mr. Kitching's shop and return—a boy spoke to Orchard and stopped his coming—we took them in custody—Harley was very violent, and my prisoner had to be dragged over the road—I saw Harley take a jemmy from under his coat and drop it over the railings of Westbourne Place—my prisoner then became violent and threw something into the road—a City constable came and helped Hobden, as his prisoner was very violent and had to be carried to the station face downwards—I searched my prisoner and found a latchkey and a knife.
Cross-examined. I stood 50 yards from the shop, which is not flush with the wall, it goes back—it was not possible to see us; we were standing in the door of Eaton Chapel, a very dark corner—we lost sight of the prisoners for ten minutes, and then they came back and stood under a lamp.
JOHN ORCHARD (Policeman B 220). I was on duty in Sloane Square; a boy said something to me; I sent him for another constable and waited till Dyson and Hobden came—I remained back, and in ten minutes or a quarter of an hour a lady came to me and said something, and I went to Coleshill Street and saw Harley in custody—he was very violent—I assisted in taking him to the station; he kicked me severely.
November, at a few minutes past 2 o'clock, I locked up my shop with two locks, and on the Monday morning I found the door shutter smeared with mud and about two inches of the doorpost forced away and the box of the lock out of the perpendicular—this chain (produced) was forced off, and I found it in the area.
GUILTY .— Twelve Months' Hard Labour each.
OLD COURT.—Wednesday, December 12th, 1883.
Before Mr. Justice Smith.
130. LOUIS TARR (18) PLEADED GUILTY to feloniously sending a letter to Alfred Widdington demanding money by menaces; also to sending two other letters threatening to murder two other persons.— Eighteen Months' Hard Labour.
MR. RIBTON Prosecuted.
JULIA CAMPBELL . I live at Sutherland House, the Bank, Highgate—my husband is at present in Canada—on Friday afternoon, 23rd November, about 6 o'clock, my attention was called to a smell of fire, in consequence of which I went to a bedroom on the first floor; on opening the door the smoke was so heavy that I could not enter; I could see no fire—I shut the door, I looked in a second time, but could see no flame—my sister called for the police, who came immediately; the fire engine came in twenty minutes or half an hour—before they came an attempt was made to put out the fire by myself and a passer-by—after the fire brigade had put it out I went into the room—the furniture was all burnt, so as to be completely useless—the fire had originated at the back of the bedstead, which was burnt, and the flooring was charred and burnt and the carpet was burnt completely through—the prisoner had been living with me from 27th July; one other servant lived in the house, and I had a charwoman also in the house—the prisoner had the sole charge of the paraffin oil for the lamps—I bought four of them at her instigation—she said she had been accustomed to them all her life—I said I was afraid of it, as it burnt down every house it went into, but in the end the cheapness of it overcame me, and I let her have it, as I had turned off the gas.
JOHN CRAGGS (Police Sergeant Y). I was called to Sutherland House on Saturday, 24th November, at 7.15, with Constable Instance—I was in conversation with Mrs. Campbell and her sister, Mrs. Maclean, when the prisoner came into the room, and said "There is another fire upstairs"—I sent for the fire brigade, and it was put out—from what one of the firemen said I went up to the room—I examined the prisoner's hands—they were smeared with paraffin oil—I said "How do you account for this?"—she said "I have been trimming the lamps"—I told her I should take her into custody on suspicion of wilfully and maliciously setting fire to her master's house I took down what she said—she said "Last night, about 10 minutes before the first fire was discovered, I went to Mrs. Maclean's room to put the bath away. I had a candle carrying, and I knelt down and put the bath
under the bed with one hand and had the candle in the other, and the fringe caught fire." That was all she said with reference to the fire on the 23rd.
THOMAS WILLIAM BATEMAN . I am an officer of the fire brigade stationed in Highgate Road—about 6 o'clock on Saturday, 23rd November, I was called to a fire at Sutherland House—I found the back-room first-floor well on fire—it had been partly extinguished by the Highgate Volunteer Fire Brigade—the room and its contents had been severely damaged by fire and water—the boards were severely charred or burnt.
JAMES WARD . I am a grocer, and live in High Street, Highgate—on Saturday, 24th November, I delivered some goods at Mrs. Campbell's—the prisoner took them in—I had heard of the fire—I asked her if the fire was extinguished—she did not answer—I then said "Is the fire burning now?"—she said "No, but it will break out again."
The Prisoner's Statement before the Magistrate. "I did not do it." In her defence she denied suggesting to her mistress the purchase of the oil, and asserted that the, statement she made to the officer was obtained from her by threats.
She received a good character from a former master, who expressed his willingness to take her again into his service.
NOT GUILTY .
The same witnesses who gave evidence in the former case were again examined, and deposed to the same facts.
NOT GUILTY .
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MESSR. THORNE
COLE and BLACKWELL Defended.
JAMES WALSH . I live at 15, Compton Place, Brunswick Square and am a labourer—about 2.45 on the afternoon of 3rd November I was in the Lord John Russell public-house—the prisoner came in with mike Quinlan—about 2.55 Quinlan, William Tone, and Patsy Doughty were thee, and Golding was with me—Quinlan, Tone, and Doughty drank out of my pot, and then Quinlan paid for a pot of beer and some whisky—he put his had into my face in an offensive way—McCann said "Stand back; he is only boy to you" Quinlan then struck McCann—I did not see whereabouts—McCann struck him back, and Quinlan fell against the partition—Tone took Quinlan outside—Quinlan wanted to fight McCann outside, but Tone took him away.
Cross-examined. There was no fight outside at all—they were all drinking in a friendly way—the deceased struck the prisoner, and the return blow was done in a moment.
JOHN GOLDING . I live at 90, St. Pancras Road, and am a labourer—on Saturday afternoon, 3rd November, I was in the Lord John Russell public-house in Marchmont Street, drinking with Quinlan and five or six of them—we were all friends together—Quinlan was drunk—he wanted to pick a quarrel with Walsh, and shoved his head into his face—McCann said he was not a watch for him, he was only a boy, and the deceased up with his
fist and hit him in the face—the prisoner struck the deceased, and knocked him against the partition—I don't know where he hit him—Quinlan went down, but not on his back—the landlord interfered, and ordered us all out—outside Quinlan wanted to fight the prisoner—I and Walsh interfered and took him away—I was called before the Magistrate as a witness for the prisoner.
Cross-examined. Quinlan was a big, strong, powerful man—he and Walsh would have been no fair match together at all; Quinlan would have been altogether disproportionate.
WILLIAM TONE . I live at Compton Place, and am a labourer—on 3rd November I was standing in the court where I live, outside the public-house—Quinlan took me into the Lord John Russell and gave me some beer between 3 and 4 o'clock—Doughty went in with us, and McCann, Walsh, and Golding were there—when Quinlan went in he went on to the right-hand side of the bar, where Walsh, Golding, and McCann stood, and asked them if they had anything to drink—he picked up the pot and drank, and passed it round—I stood against the door with Doughty—afterwards he asked for a pot of four-half and some whisky; he paid for that and passed it round—I went to the rear—when I came back they were beginning to quarrel and fighting—I saw the deceased fall against the partition—I went between them, picked up the deceased, and helped to bring him out—outside Quinlan wanted to fight McCann—I took him away and told him he had better go away, or he might get locked up.
ARTHUR TAYLOR . I am barman at the Lord John Russell—t was there on Saturday afternoon, 3rd November, between 3 and 4 o'clock—I saw McCann and Quinlan at the bar scuffling, and McCann hit Quinlan in the jaw with his fist and knocked him up against the partition—Mr. Cole, the manager, ordered them outside, and they went outside—Quinlan was drunk—the prisoner appeared to be sober.
Cross-examined. Cole was in the bar—he was not called at the police-court—if they came in at 2.45 he would have been at rest then—I cannot tell whether he served Quinlan with liquor or not—Quinlan was a very big man, not only bigger than Walsh, but bigger than the prisoner.
DEBORH MACK . I live at 3, Compton Place—Quinlan was my cousin, and live with me—he was about 39 years old—on Saturday, 3rd November, I went home about 9 o'clock in the evening—Quinlan was sitting on a chair, and complained of illness—he went to bed—on 5th November he was were and went to the hospital, and came back again and went to bed—on Thursday, 8th November, he was taken from my house to the workhouse infirmary—at that time his jaw was all swelled out—I had first noticed the swelling on Sunday, the 4th, and on that day I met the prisoner at the corner of Compton Place and said to him, "Jack, why did you hit Patsey?"—he said, "I am b if I know"—that is all that passed.
Cross-examined. I had known the deceased for some time—he died in the hospital—I do not know the date—it was 9 o'clock on the evening of the 3rd when I saw him—I did not send for the doctor that night nor on the Sunday—he went to the Royal Free Hospital on the Monday—he was pretty much given to drink—I only saw him drunk on a Saturday night.
JAMES SCANDRETH (Police Sergeant E). At 12.15 a.m. on the 27th I went to 3, Poplar Place, St. Pancras, where I saw the prisoner—I knew him before—I said, "McCann, I am going to take you into custody for
causing the death of Patrick Quinlan"—he said, "Yes, he was as bad as I was"—I took him to the station and read the warrant to him—he made no further reply.
Cross-examined. The deceased died in the hospital on the 24th—I saw him a week or ten days before he died.
WALTER MCKINLAY DUNLOP . I am resident medical officer at St. Pancras Workhouse—on 8th November Quinlan was admitted—he was suffering from a soft swelling about the size of a man's fist over his left jaw—he was put in the sick ward and detained there under treatment—he could not move the jaw or masticate, and had to be fed—I attended him till 24th November, when he died—I afterwards made a post-mortem examination—the left jawbone at the. angle was completely fractured; an abscess had formed round the fracture, burrowing into the soft tissues and corroding into the artery—the cause of death was bleeding from the bursting of the artery—he suffered from blood-poisoning as well—I should think the fracture of the jaw was such as might be expected from a violent blow from a man's fist; I should think it was the result of direct violence.
Cross-examined. A severe blow from the fist would have been sufficient to cause it.
NOT GUILTY .
WILLIAM WOODS . I am a caster in an iron foundry—I know the the prisoner—I was present at her marriage at Enfield Highway Church, St. James, on 10th November, 1873, to William Smith—I gave her away—I have seen Smith in court to-day.
Cross-examined. I don't know how old she was then—Mr. Harper, the clergyman, said he could not marry her without a writing from her mother—her mother was ill, and the marriage was postponed in order that the mother might come—that was on the 9th—I saw this letter purporting to be the consent of the guardian—I do not know that it was not written by the guardian—I do not know that Smith deserted the woman in January, 1876, and has since lived with two or three other women—I saw him in 1881; I believe that was the first time since 1876—I don't know that before he left the prisoner he kicked her in the stomach when she was in the family way.
FRANCIS GEORGE MARSHALL . I am a gunsmith, of 91, Langford Street, Stratford—I was present and one of the witnesses when the prisoner went through the ceremony of marriage with Ireland at St. James the Great, Tottenham Green, on 12th September, 1880.
Cross-examined. I have only seen Smith about four times since 1876, and that during the last three months—I was not allowed in the police-court when Smith was cross-examined—I only know by what I heard of his statement read over when we signed our names that he deserted the prisoner in January, 1876, and never paid anything for her maintenance from that time.
NATHANIEL FRANKLIN ALDRIDGE (Policeman). I took the prisoner into custody—in answer to the charge she said "The first marriage was illegal; Smith left rue and told me I could get married, and he should do the same; he has been living with another woman, who died through his ill-treatment.
I know it was foolish to marry Ireland; I could have lived with him, and Smith would not have touched me"—I have compared both these certificates (produced) with the original registers; they are correct.
Cross-examined. I have known Smith for some years—he has not been living with the prisoner—I have heard he has been living with a woman named Chalkley—I don't know whether he caused her death by ill-treatment.
GUILTY .— One Days Imprisonment.
NEW COURT.—Wednesday, December 12th, 1883.
Before Mr. Recorder.
136. SYLVESTER DONOVANN (19) to burglary in the dwelling-house of John Boswell, and stealing a watch and other articles, his property, after a conviction in May, 1882.— Fifteen Months' Hard Labour . And [Pleaded guilty: See original trial image.]
137. DANIEL MILLBANK (36) to seven indictments for forging and uttering authorities for the payment of money, and obtaining 4l. 13s. 6d., 11l. 15s., and other sums, of William Whiteley. He received a good character.— Fifteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
MESSRS. BESLEY and BURNIE Prosecuted; MR. MCINTYRE, Q.C., Defended.
ALFRED THOMAS REES . I am a wholesale stationer at 17, Bread Street Hill, trading as Adams and Rees—I have two partners—we have been in the habit of warehousing goods at New Commercial Wharf, Hamborough Wharf, and other places—these straw boards and wood-pulp boards were stored away in those places—William Prenter was our clerk and stockkeeper—I think he has been there four or five years—some of my papers are marked "A. R.," and some have no mark except the size and weight—the mark "A. R." is known to everybody in the trade—when goods had to be brought from either of the wharves William Prenter made out an order, which had to be signed by the firm—Curtis, the carman, then got away the goods, and brought them to 17, Bread Street Hill or one of our other factories—the order would be left at the wharf—it is there sent for the goods—Curtis was paid once a week—he brought the particulars of what he had done on a large invoice—these wharf orders (produced), A B C D, are in William Prenter's writing, and the signatures are genuine signatures of the firm, E and F are forgeries—they are William Prenter's writing—I last saw him on 3rd August, when he went to Belfast for us on business—we have had two letters from him since, but I cannot tell where he is now—about a fortnight or three weeks after he went to Belfast Mr. Adams found out about this order—the order marked A is addressed to the superintendent of Hamborough Wharf—it is a request to deliver to Curtis 120 bundles of straw-coloured boards, weighing 4 tons—this "No sale or transfer" means that the goods go direct to the customer, they do not come to our warehouse—that does not appear on the order—it is dated 5th April, and endorsed by Boswell, and this is a similar order for 4 tons, dated 27th April, and endorsed by Soar to deliver to Curtis's van at Hamborough Wharf—that was also endorsed
—here is another order for Hamborough Wharf for 3 1/2 tons of dark boards, endorsed by Kelsey—D is addressed to the superintendent of Hamborough Wharf, to deliver to Curtis's van 120 bundles of straw boards, 3 tons—here is another dated 3rd August to deliver to Curtis's van 120 bundles of dark boards—those are signed by Kelsey—F is dated August 29th to the superintendent of Commercial Wharf, to deliver 30 bales, which is 3 tons—that is signed by Kelsey—there are 18 1/2 tons of straw boards and 3 tons of white, value from 7l. 10s. to 9l. a ton—there are one or two quantities which are indicated in the description on the documents—we only sell them in large quantities, tons or half-tons—the white we gave 11l. 10l. a ton for, but it is not worth so much now, only about 10l., the value having gone down; we should sell it at 10l.—all these descriptions of the numbers of the ships and the days of their coming into dock are copied from our stock book—no one outside the office has access to them—then follows the description of the ships, with the date of their arrivals into port, and the marks and numbers—I have carefully gone through our stock, and the quantity mentioned in these six orders are missing—they have not been sold by us—we have had one dealing with Mr. Isaacs, the paper dealer at Bishopsgate Street—that was in February, 1863, for straw boards exactly the same as these marked A R, and I believe those we sold him were so marked—we sold him 2 tons at 8l. 5s.—we had one or two transactions twelve months or two years ago with Mr. Bishop, of St. John Street, Clerkenwell, for wood-pulp boards—they were probably about 13l. a ton; I have not looked, but they were higher then—after making inquiries I went with Sergeant Lytha to Mr. Isaacs's warehouse, Bishopsgate Street—I had a conversation with him, and he showed me a printed invoice, one of these (produced)—it was on a similar printed heading to this, but I cannot say whether this is it—I had no knowledge of the prisoner, he says that I had seen him before; I may have when he was a lad. but I don't recollect it—Mr. Isaacs showed me a reference bill, but I did not see any goods—on 13th October I went to Marcus Ward and Co. with Lytha, and saw the prisoner there—I think I went on Friday night first, and again on Saturday—I did not see him till Saturday—Mr. William Ward was there—he called the prisoner into his room, and I think he asked him where his brother was—he said he had a letter from him, and he was in Australia or America—Mr. Ward asked him if he knew anything of the name of Brenton—he said "I do"—Mr. Ward asked him if he knew anything of Isaacs, of Bishopsgate Street—he said "I do," and in answer to other questions either of Mr. Ward or myself he said "I have sold goods to Isaacs in the name of Brenton," and he eventually said "half a dozen times" or "six or seven times;" that he had sold them for his brother, and that he thought they were goods belonging to Royal—I asked him what Royal it was—he said he supposed it was the same Royal who had got a bill of sale on his brother's house, and I think he volunteered the name of Bishop, who he had sold goods to—I asked him what he got for the goods—he said he could not recollect; he thought 5l. 10s. for the straw boards—Mr. Ward asked him where he got the heading printed in the name of Brenton—he said the first lot of goods he sold to Isaacs he had merely a written invoice, and Isaacs. asked him why he had not a printed heading, which he repeated to his brother, who told him to get some printed, and he got 50 I think printed by a man named Weston—I think he said that some
times Mr. Isaacs bought the goods and sometimes his son, but that Mr. Isaacs, senior, paid him—he said that on one occasion he offered Mr. Isaacs some thin boards, and he said that he did not want any, but that he could take any quantity of the thick ones if the price was right—I understood him to say that on the first occasion Mr. Isaacs asked him who he was, and that he told him he called on bookbinders—he first said that the matter had been going on for a few months; Mr. Ward asked him again, and he said it was since the year 1882—Mr. Ward's manager called his attention to this note in his (the prisoner's) pocket-book: "12-7-82—8.20.25—2.50—5.4—2.30—5.400—12.200," &c, with "12l. 10s." at the bottom—the 8 indicates 8 tons, but I think he said they were what he offered, not what he sold, and I think he said they were goods which he offered to Bishop—I thought it was a sale, but he said it was not a sale, it was what ho offered—he said that his brother had been horseracing, and he actually kept a racehorse which had run at the Alexandra Park, and that his relations knew that he kept a racehorse—here is an entry of 5l. 10s. at a later date, and there is 22l. 16s. above that, which he said referred to the wood boards which he had sold to Mr. Isaacs on this last order, the three tons—I think I said "22l. 16s. is the amount, does that represent Isaacs?" and he said "I suppose it does"—8l. was marked for the wood boards; the value was about 10l. then, but they have fallen in value very much—the straw boards are not hawked about London in small quantities; a great many wholesale stationers deal in them; we give our attention to them almost entirely, and we are well known—speaking generally, the amount represented by these six orders is 200l. wholesale.
Cross-examined. Mr. Isaacs deals in boards of this description, and would know their value; in fact, we once sold him some yellow boards this very year—Mr. Bishop does not use straw boards—I identified no goods at Isaacs's—I have known the prisoner's family many years; his father was a most respectable papermaker in Ireland; I have been in their office in Belfast, and the prisoner says I knew him as a lad—his father failed in in Belfast, and I then took the prisoner into my employment—I placed every confidence in him and advanced him money—his father had an inquisition on his property—I know Royal, an agent, of Lawrence Pountney Hill—he has never sold goods for us; he bought them I think for his brother in Australia—I don't think there are two Royals, but I have never been to the place—I said that there were two before the Magistrate, but I have found out it is not so—I took a detective with me to Mr. Isaacs; I did not take him with me on Friday night to Marcus Ward's; I don't think he deals in these things—I made an appointment with Mr. Ward to see the prisoner next day, when I went again with a detective, who I left outside waiting if necessary—I then had the conversation with the prisoner; Mr. Ward was present the whole time—I have not brought him here; his manager is here—I do not know whether Mr. Wontner has brought Mr. Isaacs here; he was before the Magistrate, but was not called—I told the prisoner that I wanted to get hold of the receiver—Isaacs was the receiver I wanted to get hold of—I do not know of any other receiver—I did not know when I said that that Bishop had had any goods—the invoices which were shown to me were not for straw boards, they were for wood-pulp boards—that invoice was for 8l.—I think
they had fallen at that time, we gave 11l. 10s. for them—I knew that Isaacs had paid an inadequate price, and I think he must have known it—I think every one in the trade knows our marks, but there was no "A. R." on the straw-boards—he did not show them to us, he declined, and said we must go to his solicitor—I didn't tell the prisoner that if he told me all about it he would hear no more of the matter—I said we were anxious to get the receiver, and if we had got his brother, and his evidence was necessary to convict the receiver, we would do the best we could for him—it is for Mr. Wontner to call the receiver as a witness against the prisoner—the prisoner told me that the name of Brenton was used at his brother's suggestion—I said before the Magistrate he did say so—he told me he had sold the boards for his brother, his brother told him they were on account of Royal—his brother, being in our employment, selling the boards would be guilty of a breach of duty if he sold them to any one in antagonism with us—the prisoner told me that the printed heading was done at 18, Heygate Street, which enabled us to make inquiries there—I knew that he was employed at Marcus Ward's—I think I must have known that two years ago—I have heard his brother William speak of his having a brother there—I think I was there two hours on this Saturday asking him questions, but not so many questions as Mr. Ward—I had instructed Mr. Ward the night before, and I had a long conversation with him before Hector was called in; he was afterwards sent out, I suggested fresh things, and he was called in again and examined—I think Mr. Ward asked him to go with me to my solicitor to see what was to be done in the matter—I didn't tell him he would be given in custody—we left together, and took him there to do what he thought advisable—I didn't ten him he was to go to my solicitor to give information, or why he was to go—I think Mr. Ward asked him whether he had any objection to go—I didn't tell him that the detective was waiting outside—he had joined us when we went out, and walked with us—I didn't introduce him or say who he was—we went in an omnibus to Mr. Wontner's; he was not in his office, and we all three went and had some refreshments, the prosecutor, the prisoner, and the detective—we had a friendly meal together, which I paid for—I think he knew who the detective was—we were 20 minutes or half an hour over our meal—we did not talk, we were perfectly silent during the dinner—after that we all three went to Mr. Wontner's, and found him there—I went in and asked Mr. Wontner what was to be done, and he called the detective in and told him to take the prisoner in custody—it was Mr. St. John Wontner—when I gave the prisoner a friendly meal I didn't know whether we were going to make him a witness or a prisoner; it had been put into Mr. Wontner's hands two or three days before—it was not at Mr. Wontner's suggestion that I went to Marcus Ward's, that was my notion—I did not communicate with the detective till I had been to my office and seen my partner—I think Mr. Ward asked the prisoner if he had any record of the transaction, and he at once produced the book—towards the end of our conversation I noticed a second entry of the 22l. 16s.—I think I mentioned that entry before the Magistrate—I will not swear it—I beg pardon, it is very probable that I gave that information to Mr. Wontner, and he took it down—Hector told me he had to meet his brother in the City in the middle of the day—I received instructions from him to offer things for sale—he said that in doing this for his
brother he did not think he was doing anything wrong, he thought he was doing it for Royal, who had a bill of sale—I asked him if he knew Royal personally—he said "No"—he said "My brother said that if I went to the customers he would be known"—that was as to Isaacs—I can't say if he said so about Bishop; probably his observation applied to both cases—if he said so his brother would probably get into trouble with us and get dismissed—I told him if his evidence could be used against him and the receivers, we should be disposed to let him off—I think that was in Mr. Ward's presence—Mr. McCulloch said in my presence "We can give you no definite promise"—all that was done there was in my presence and by my sanction.
Re-examined. Mr. Marcus Ward gave me every facility about the matter—I went to him on the first occasion with Mr. Wontner, knowing I was coming to his office—I went there, but it was not till I knew that he lived at Heygate Street that I went there—Mr. Wontner refused to see him or to have anything to say to him—he did not know that he was coming—I had not seen Mr. Wontner that day—it was my desire to get evidence against the receiver—the initials of Mr. Isaacs's firm, "A.J.I. and Son," are put to the entry—I do not think I have seen any entry of Bishop's in the books—I do not call this a full account of selling the goods mentioned in these six warrants; there is only A.J.I. and so forth—there is no total except the 22l. 16s.—it is not summed up in the amount of the money.
ALFRED JOHN ISAACS . I am principal of the firm of Alfred John Isaacs and Son—I had all these transactions with the prisoner for the purchase of these straw boards, and these are his nine receipts (produced)—March 16, 1882, is the first; that has a MS. heading—I do not remember the conversation—the price would be arranged when the samples were shown; they were shown for that purpose the same day, or the day before—they were delivered before payment—when he came for the money he made out the invoice or brought it—these (produced) are all cheques which I gave him in the name of Henry Brenton—he has signed the receipts "Henry Brenton"—he described himself as a paper and straw board agent—I made inquiries through the Trade Protection Society—I did not notice that the receipts are signed "per Henry Brenton, Junior"—he did not tell me he was acting for another person or that he had a father—the price was 6l. to 7l. a ton—I cannot tell whether any of the parcels had A.R. on them, because they were delivered at my warehouse, and I never saw the bulk—the cheques came back from the bankers endorsed "Henry Brenton"—I think I said "Have not you any printed invoices?"—he said "I have only just gone into business; I am having some printed"—every purchase was by sample—I saw him twice for every transaction—when the goods were delivered he came for the money—this one is on a printed heading—the usual discount was 5 per cent.—he said that he was selling because somebody wanted the money; the difference in price and what I paid him was very small—this is the receipt of April 6 for two tons of straw boards at 6l. 10s., and two tons at 7l., with 5 per cent. off—1l. was allowed, because I think the weight was short—this is the cheque given in respect of that; you will see nine invoices and nine cheques—the next is 30th April, six tons at 6l. a ton, 36l. less 5 per cent., 34l. 14s.; and on May 1, here is the cheque for the payment—the next is 19th June, two tons at 7l., and 12 bundles, &c, and 60 bundles at 5l. 10s.—those are thin boards—the receipt is
given on the 20th, and the cheque for 21l. 2s. 9d. corresponds—the next is July 3, three and a half tons thin boards, 19l 5s., and on 6th July the payment is 18l. 5s. 9d.—on 1st August, here are three tons at 6l. 5s., and an allowance it made—on August 2 a payment was made by cheque, which came back through the bank—on 22nd August, here are "five tons at 5l. 10s., by cash on account 6l."—he might have brought the invoice after the goods were delivered and asked for 6l.—the next is August 30, five tons, 2l. 16s.—I did not pay for that then; I suppose he did not call for the money—I did not know anything about his brother, I only knew the prisoner—some of the goods are here—we have, I think, two or three tons of them left, as when Mr. Rees called with detective I instructed my people not to use the boards—those are all the transactions I have had with him—I passed the inquiry through Stubbs's office in the name of Brenton, and did not know the name was anything else.
Cross-examined. He was a perfect stranger when he came in March—we deal very largely in this kind of thing—I paid a fair market price, not a full price—I do not take them in myself—tie goods were delivered before he had the 6l. on account—my petty cash-book is not here; I will send for it—I know which boards these were by the size and weight—5l. 10s. was a fair cash price, 8l., 10s. was not—it is an imported article—you could buy these from an importer for 6l. 10l. to sell again—it is quite possible that I beat him down in the price; he may have asked 5s. or 10s. a ton more, not 1l.—I sold them for 6l. 12s. 6d. or 6l. 15s., and no doubt I have something in my books to show that—no doubt I had those goods in my posses sion when the prosecutor called on me—I did not refuse to show them to him—I am sure he never asked me to show them and I refused; he asked me for the invoices, and I took my file down—I don't believe the question was put to me whether I would show the goods—I think the only wood boards I received were those of August 3—this word "wood" is in the same writing—I cannot swear whether it is different ink; it may be lighter than the other; it is decidedly not written by anybody in my office—I neither went or sent to Heygate Street—I represent that all these things were done in the ordinary way of business, and he just acted towards me as an agent of another person would, otherwise I would have had nothing to do with him; if I had not satisfied myself of his respectability I should not have bought of him—I really cannot tell you what price they would get; we give 7l. and 8l. 5s. for them in quantities—I should think about 9l. is the market price—I bought at 8l., and I consider I saved about 15 per cent.—I was subpoenaed before the Magistrate, but not called, and I had a subpoena to come here—I do not know Mr. Bishop—this 6s. means 6s. per cwt.—it is 16l., a ton—those are thinner; they are two-ounce boards, worth about 2l. a ton.
Re-examined. This is the receipt from Adams and Rees for the parcel of goods I bought of them on 2nd March, 1883—that was for straw boards also—I bought them at 8l. 5s., but there would be discount—the same quality of boards which I bought direct at 8l. 5s. I gave the prisoner 7l. for, less 5 per cent.
WILLIAM BISHOP . I produce two invoices for goods which I purchased of the prisoner; they represent the whole of my transactions with him—I never saw him; my nephew, the manager of that department, bought—I produce the cheque for those goods, and the receipt for the payment—my
nephew is very ill—I do not know the prisoner's writing. (MR. M'CULLOCH here stated that three documents and the endorsement "Henry Brenton" on one of Mr. Isaacs's cheques were all in the prisoner's writing.) These are the only two transactions that represent the actual goods purchased by me and the prices—these two cheques came back through my bankers—they were in 1882—I gave the full market price.
Cross-examined. I never saw Hector till to-day—I gave the very fullest price—I have not got the goods now—I believe there were no marks on them.
FRANCIS ADAMS . I am one of the firm of Adams and Rees—these delivery orders A, B, and D, bear the genuine signature of the firm; A is signed by myself—C, E, and F are forgeries—I gave no authority to write my name to them.
Cross-examined. C is not my signature, and I think it is not my brother's—it may be genuine—the boards are imported from abroad, not manufactured by us—there are a good many of this description imported—the maker puts our mark on every bundle at the mill—a person who did not see the whole bundle would not see our mark—a person selling goods by sample would not see the bulk, and would know nothing about the mark.
ALFRED THOMAS REES (Re-examined). I have now compared these invoices, and find the robbery has been more extensive than I thought—I find Mr. Isaacs paid the prisoner 5l. 10s. about 22nd August for a parcel of the same goods as he paid 8l. 10s. for to our firm on 2nd March.
Cross-examined. This is the invoice of Aug. 22 of Brenton's—the measurements on it show the quality of the goods, and two tons of thin and two tons of thick are both at the same price; it is 13/4 lb.—the thick are worth 2l. more than the thin, Mr. Isaacs says, but I don't think so—I sold them to him at 8l. 5s.; you have got the invoice—the white boards went down from 11l. 10s. to 10l.—boards did not go down in price between March and August—I represent that Mr. Isaacs must have known that they were under value—he has sworn that that was a fair market price at that time, but I say that it is untrue, and any person in the business would know it—I know it was a cash payment, and 5 per cent. was taken off.
Re-examined. I have compared the prices with the delivery orders, and in some cases they agree—August 1st and 29th agree—August 22nd and 23rd do not agree; in fact, there is more on the invoice than we have missed at the wharf—July 3rd agrees—on 20th June there is an order for stuff which we did not know was missing—April 30th does not agree; the invoice is for six tons, and the delivery order is only for four—April 6th agrees—March 18th does not; we have no delivery order corresponding with 18th March.
By MR. MCINTYRE. There are dimensions and marks as well—"22 x 32" is marked outside the bale—the other is "22 x 32" also—anybody else delivering goods of those dimensions would have that on them—the dimensions are not always on them—if they have the dimensions they ought to be correct—there is no mark on the invoice—if we are delivering from some other place there is nothing on the invoice to show that they are ours—the mark is "R. A. R"—I understood you to ask me if the quantities agreed.
the goods mentioned in these four delivery orders, A, B, D, and E, and he signed them—C was not delivered by me, but by Robert Borthwick—the goods were the prosecutors', and they were delivered in the belief that the orders were genuine.
CHARLES WARWICK . I am delivery foreman at Commercial Wharf—on 18th December I delivered the goods mentioned in order F, and marked "A. and R.," to the carman Kelsey—he signed his name in the book, but not in front of me.
Cross-examined. The wharf does not belong to Adams and Rees alone, but I know by the order that I delivered their goods, and I recollect it distinctly, because I had great trouble to find them—I never initial my orders, and there is no mark on this paper to show that I delivered the goods—I delivered them to one of Mr. Curtis's carmen—I don't know his name.
JAMES CURTIS . I am a carman, of 44, Paul Street, Finsbury—I carted goods for Messrs. Adams and Rees, and delivered weekly bills, and they paid me—I also carted goods for William Prenter from Hamborough Wharf and Commercial Wharf—Kelsey and Soar are my carmen—I received the goods in this order "F"—William Prenter gave me instructions where to take them, and paid for it—that was on 3rd September—my mistress gave up the order.
Cross-examined. I am not scholar enough to pick out the order she gave me; I can read, but I cannot read writing, nor can she, but my man can read them to you; I don't know one from the other, but I can tell the New Commercial Wharf from the Hamborough Wharf—this is the one which was delivered in August, because it is New Commercial Wharf—I cannot show you Mr. Prenter's name on it or tell you the date—I have very likely delivered goods from Adams and Co. from Commercial Wharf 30 times, I won't say 100.
SARAH CURTIS . I am the wife of the last witness—I can read a page of a book, but I cannot read writing—my husband left a receipt with me in case Mr. Prenter should come for it, after which, on I think 11th or 12th September, the prisoner came and said, "I have come for the receipt for the boards"—I said, "What, for Mr. Isaacs?—he said, "Yes, Mr. Prenter is ill."
Cross-examined. My husband has left papers with me several times to deliver to various people, and I have delivered them—I asked the prisoner his name, and he said he was Mr. Prenter's brother.
EDWARD SOAR . I am a carman to Mr. Curtis—I can read—I received from him the order marked "B," dated 27th April, and fetched the goods from Hamborough Wharf and took them to Mr. Isaacs, who gave me a receipt, which I gave to Mr. or Mrs. Curtis, whichever was at home.
GEORGE KELSEY . I am a carman to Mr. Curtis—I can read—I received these orders, C, D, E, F, fetched the goods from the wharf, and delivered them to Mr. Isaacs, principally at Bevis Marks, but some in Bishopsgate Street—I got receipts for them, and gave some of them to the governor, but I once gave one to William Prenter when he stopped me at the corner of Liverpool Street.
Cross-examined. I cannot tell which one that was—I have delivered goods belonging to Adams and Rees numbers of times—I delivered the
invoices to my master or to William Prenter according to the customers I went to.
HENRY MALDER . I am manager to Messrs. Weston, printers, 12, York Street, Covent Garden—they have done jobs for Marcus Ward and Co.—I did not know that the prisoner was in their service—he gave me an order on Easter Tuesday to print some billheads for him—he gave me a written copy—I showed him the governor's billhead, and he said that he should like it similar to the governor's style—he gave me 2s. deposit—I printed them—they were similar to this, without the number.
Cross-examined. I have found out since this affair that he was in Marcus Ward's service.
SARAH WHITEHEAD . I am the wife of Pitman Whitehead, of 18, Heygate Street, Walworth—the prisoner came to lodge with us three years ago on 21st December—he had a bedroom and the partial use of a sitting-room, but no business premises—he said that if any letters came in the name of Brenton I was to take them in, but none came.
Cross-examined. He was very steady indeed, he could not have been better.
SAMUEL LYTHA (City Detective Sergeant). On 13th October, about 3 p.m., I saw the prisoner at Mr. Wontner's office, 19, Ludgate Hill—I said, "I am a police-officer, and am going to take you in custody on a charge of being concerned with your brother William in stealing a quantity of straw boards from this gentleman," pointing to the prosecutor; "it is alleged that you have been selling them to Mr. Isaacs, of Bishopsgate Street; you need not make any reply"—he said, "I sold them at the request of my brother"—I said, "Is your name Prenter or Brenton?—he said, "Prenter is my name"—I said, "You sold the goods in the name of Henry Brenton"—he said, "Yes, I can explain that; the first ton or two I sent to Mr. Isaacs, I had no printed billheads, and Mr. Isaacs said, 'Have you no printed billheads?' I said 'No'; I afterwards went to Weston's in Covent Garden and got some done, I think it was 50, I paid about 3s."—he was taken to the station and charged—I afterwards went to 18, Heygate Street, and found in his room I think 35 billheads; I said 45 at the Court, but I made a mistake—this marked "G" is one of them.
Cross-examined. Messrs. Wontner first consulted me about the 11th, and put me in communication with the prisoners—I went to Mr. Rees of my own accord, and went with him to Marcus Ward's—I waited outside—that was outside the City—I had no communication there with Mr. Rees about what had taken place, but we went in an omnibus from Chandos Street to Messrs. Wontner's—I did not speak to the prisoner; Mr. Rees did not introduce me to him, nor did I tell him I was a detective—he made no inquiries as to who I was—we had some time to wait for Mr. Wontner, and I went and dined with him, still keeping watch on him—I was there to take him in custody, if necessary, if I was instructed to do so, but I don't think I spoke to him till I got to Mr. Wontner's—if he had attempted to get away I should not have taken him, I had no instructions—Mr. Rees had been at Mr. Wontner's some time when I went in and said, "What are you going to do in the matter?"—Mr. Rees said, "I must charge him"—I don't think Mr. Wontner spoke—I did not count the billheads—I was told on the 11th that his name was Prenter, but I did not know that he was employed at Marcus Ward's till I went there that morning—I was acting as
a detective—I was not instructed that he was the brother of William Prenter till I got to the station; it was said that he was the brother, but I did not know it—I should not have been surprised if he had said that his name was Brenton, I did not know for certain.
A. J. ISAACS (Re-examined by MR. MCINTYRE). These are imported goods which are dealt with by various firms in any quantity—the goods in the invoices of 2nd March and 22nd August were purchased at 5l. 10s.—that was a fair market price, people imported them at 6l. 10s. on that date 8l. 15s. was not the market price; there are two lines in these boards and this stop line, the If boards were not a perfect lot, and that is why they were sold at that price—I never saw the bulk—I compared them with the sample before they were paid for.
MR. McCULLOCH (Examined by MR. MCINTYRE). I think I suggested that the prisoner's book should be looked at, and he went out of the office to his best coat and brought it—he has been in the employ five years—his character has been remarkably good, and wd should have trusted him with anything—we trusted him in the most confidential business—we are publishers and wholesale stationers, he had nothing to do with buying and selling boards of this description so as to know their value.
The COURT considered that there was no evidence that the prisoner ever had any real possession of the goods, they being obtained by his brother on false delivery orders, and directed a verdict of
NOT GUILTY .
There were two other indictments against the prisoner, on which MR. BURKIE offered no evidence.
NOT GUILTY .
MR. BUCK Prosecuted; MR. KEITH FRITH defended Ferris. ALICE PARRY. I am the wife of Charles Parry, of Walthamstow—on 12th November I was at the Stores, Queen Victoria Street, City—I had the bag with me containing my purse and 2l. 5s., and I believe there was a half-sovereign in another pocket, one shilling's worth of postage stamps, my Store ticket, a box of pins, a satchel, three return railway tickets and a half, a bunch of keys, a single key, and a letter—I put the bag down on the counter about 2 p.m., and when I looked for it it was gone—I gave information—I did not go near Newgate Street with or without my bag.
Cross-examined by MR. FRITH. I dare say I met a hundred people there—Bryan brought the bag to my house that evening.
GEORGE CLARK . I am shopwalker in the grocery department at the Civil Service Stores—on 12th November I was on duty up to five minutes to 2 o'clock, and saw the prisoner Ferris there—I had seen him once or twice before—I watched him for three or four minutes about the place, and he did not make any purchases.
Cross-examined. I see hundreds of persons in a day—I had no difficulty in picking Ferris out—the prisoners were brought out in the Inspector's presence, I looked at them and said nothing, the Inspector said "Is that enough?"—I said "Yes"—they were removed and then I said, "I identify the taller one"—he is not a ticket-holder to my knowledge—I do not say that he was present on the day of the robbery.
By the COURT. I did not see him there on 12th November—I left duty at five minutes to 2 to go to dinner—it was on a former occasion that I saw him.
CHARLES BRYAN (City Policeman 359). On 12th November, a little after 2 o'clock, I saw the prisoners together in Newgate Street—Smith was carrying something wrapped in paper—they went into the White Hart, Giltspur Street, and called for some drink—I went into the same compartment—Smith was showing something to Ferris, they saw me, and Smith put it behind him—they drank their liquor and went along Giltspur Street, I followed and spoke to Miles—they went into the Coach and Horses in Holborn—Miles went in and came out and spoke to me—I got two uniform constables to wait outside while I went in; I said to the prisoners "We are police officers, and want to see what you have about you"—they both made for the door—I took a bunch of keys from Ferris's hand and said "Where did you get these from?" he said "I picked them up"—I said "You must go to the station with us, as we suspect you have stolen property in your possession"—we took them to Snow Hill station—Smith had a parcel, I opened it, and found in it a lady's satchel—Ferris said to Smith "Ye picked it up just now in Newgate Street"—Miles searched Smith and found three return tickets and a half from Liverpool Street to Walthamstow, a sixpence, two keys, a scarf, pair of gloves, some letters and memorandums of his own, and a price list of a grocer in the Curtain Road—I found on Ferris this purse, with 12 stamps and a small key in it—he took some money from his pockets and handed it to me and some I took from him, there was 2l. 19s. in all—he handed me Mrs. Parry's Store ticket, and said "This was in the purse when I picked it up"—it has her name and number on it—he was wearing this watch and gold chain—Smith said when the charge was read "I picked the bag up in Newgate Street just now, you must have seen me if you were there, this man saw me pick it up," meaning Ferris.
Cross-examined by MR. FRITH. I found two sovereigns on Ferris but no half-sovereign—the key belongs to the lady—I also found two diamond rings which have been identified by a lady, but they are not connected with this charge, and he handed me a pair of diamond earrings, and the lady said that she had a pair like them—he said he was a general dealer—he said "You can search me, I have done nothing wrong;" but I had to hold him while he was searched, he was trying to get away—Smith said as to the bag "I picked it up in Newgate Street, this man saw me pick it up," and I believe he added "and I went into a public-house with him to have something to drink"—Smith said at the police-court "When I found the bag in Newgate Street I did not see Ferris till three or four minutes after, and when I found it I was not in his company."
Re-examined. The lady said that the diamond ring was stolen from her at Windmill Street, Haymarket—Ferris resisted at first, but when he found it was no use he submitted to be searched.
WILLIAM ROBERT MILES (City Policeman 350). I followed the prisoners into the Coach and Horses and saw Ferris with this purse, turning the contents, gold and silver, into his hand, which he put in his pocket.
Cross-examined by MR. FRITH. I was in plain clothes—I was in the same compartment—Ferris keeps a china shop at Hoxton.
---- BURTON (City Policeman 273). When the prisoners were put
into the dock I heard Ferris say to Smith "Say you found it"—Smith nodded his head.
Smith in his defence stated that they kicked against the bag in Newgate Street tied up in paper and picked it up, and Ferris came up to him and said "What have you got there?" that they went to have a drink and he showed him the contents, the keys and postage stamps, hut that there was no money in it.
GUILTY. FERRIS then
PLEADED GUILTY to a conviction at Maidstone in February, 1873.—Nine Months' Hard Labour each.
OLD COURT.—Thursday, December 13th, 1883.
Before Mr. Justice Smith.
MESSRS. POLAND. and MONTAGU WILLIAMS Prosecuted.
ARTHUR HERBERT SAFFORD . I am Chief Clerk at Westminster Police-court—I was present in that Court on 23rd October when Mr. D'Eyncourt was the presiding Magistrate, when the prisoner made a complaint against Emma Calver—she was brought up in custody, this is the charge sheet—(This charged Emma Calver with stealing a cheque for 1l. 3s. 6d., the property of the prisoner.) I saw the prisoner sworn and took a note of his examination. (This examination being read stated that Emma Calver had lodged with him for three weeks, that he had received the cheque from Mr. Goatley, a solicitor, to whom he was clerk, in order to pay Counsels fee, and that, having a quarrel with Calver,' she seized the cheque from the table and walked off with it; that he never saw the letter of Mr. Prosser, that Mr Goatley gave him the cheque, and that he had never been in bed with Calver in his life.) I produce the documents that were impounded by the Magistrate—they are a letter from Mr. Prosser to Theobald, of 2nd October, and the cheque for 1l. 3s. 6d. drawn by Prosser in favour of Mr. Gcatley or order, endorsed W.E. Goatley and signed C A. Theobald underneath—Calver was remanded on her own recognisances; she appeared on the remand—the prisoner did not appear against her, and she was discharged—the case was sent for investigation by the Public Prosecutor.
GEORGE WEBB . I am Chief Usher at the Westminster Police-court and was present on 23rd October when Emma Calver was charged—I administered the oath to the prisoner and heard him give his evidence—Calver applied for a summons against the prisoner for an assault the first thing in the morning—that was granted—the prisoner then applied for a warrant against Calver—that was not granted—later in the day she was brought up in custody on the charge of stealing the cheque.
Cross-examined by the Prisoner. Your warrant was refused, but a summons was granted; both summonses were granted—I was not present on the 30th—I do not recollect your asking permission to withdraw from the charge under remand.
EDWIN BUSHELL PROSSER . I am a tobacconist and stationer of 8, Maclise Road, West Kensington Park—on 22nd October I wrote this letter and cheque and put them in an envelope addressed to "C. A. Theobald, Esq., 130, Cambridge Street, S.W."—I posted it on that Saturday evening.
Cross-examined. The cheque was to be applied for Counsel's fees in a common law action—the cheque belonged to Mr. Goatley.
EMMA CALVER . I am single, and live at 130, Cambridge Street—I have been living with the prisoner between 16 and 18 months as his wife—we occupied the same bed—before going to Cambridge Street I lived with him at 9, Holbeck Road, Stanwell—on Monday morning, 22nd October, while I was in bed with him at 130, Cambridge Street, our servant, Caroline Tapp, brought in three letters for him—one of them contained a cheque for 1l. 3s. 6d.—the prisoner desired me to take that letter and cheque to Mr. Goatley's office for his endorsement, and to be there by 2 or 2.30—he gave me the letter to read—I did not particularly read it, because matters of business did not concern me—I went with the cheque to Mr. Goatley's, and saw him endorse it—I also saw the prisoner endorse it—I waited till he came at 5 o'clock, and he endorsed it in Mr. Goatley's presence—he then gave me the cheque, and told me to keep it, as it was for Counsel's fees—I left him with Mr. Goatley, and went home with the cheque—at 7.30 the prisoner came home the worse for liquor and quarrelsome—he quarrelled with me; it had no reference to the cheque—he struck me in the face—in consequence of that I went to Rochester Row Police-station about 8 or 8.15, and saw the inspector—in consequence of what he said I went home with my sister and a constable about 11 o'clock—I knocked at the door; the prisoner opened it; there was no one else in the house—I went into the dining-room, and asked the prisoner for the key of another apartment—he said "Here it is," and as I turned to receive it I received a blow in the mouth instead, upon which I left the house with my sister—I went to a doctor's—he examined my face and neck, and early next morning I applied at the Westminster Police-court for a summons against the prisoner for assault—it was granted—as I was going to leave the Court I saw the prisoner in the passage, and he gave me into custody for robbing him of the cheque—that was between 12 and 1 o'clock—I said "I have the cheque and also the letter in my possession," and I produced them from a little bag which I had in my pocket—I told the constable that we were as good as married, that we had been living together for 16 or 18 months, and I could not understand his conduct, that it must be spite—he made no reply to that, but took out the summons—I produced the letter, cheque, and envelope to the Magistrate, and told him how it came into my possession—I was let out on my own recognisance to appear that day week—on the 24th the prisoner came to me, and said how sorry he felt that he had behaved so stupidly, but it was in consequence of his having taken too much to drink—I appeared on the remand, on the 30th, and the charge against me was dismissed.
Cross-examined by the Prisoner. I have known you 16 or 18 months or a little longer—at the time of your arrest we were on most friendly terms—I believed the matter had dropped—I am most sorry to see you here—you gave the cheque to me in bed in the morning—you handed me the letter and the cheque, and I placed them in a bag—you were then doubtless the worse for liquor—on the remand you went to the Magistrate and asked leave to withdraw the charge against me, stating you had been too hasty, and regretting what you had done—the Magistrate said something about making inquiries, as he considered it a case to go before a Jury—a detective called on me on Sunday evening about 7 o'clock, some few days after the
charge had been withdrawn at the police-court—I was reading in your company at the time in the dining—room—I showed him. into the reception-room—I asked him if he would like to see you, as you were in the dining-room—he said his business was not with you; he only wanted me to appear when called on—I said I believed the matter was then at an end as far as you were concerned—when I applied for the summons for assault against you you were down at the Court—you had a very slight scratch on your face then—I was in custody from 1.30 till 4 o'clock the day after the summons was granted—you apologised to me, and the matter was at an end—neither summons was gone on with—I did not go on because I was too troubled in my own matters, and I intended to leave you—I had introduced you to my people, and you me to yours—we were engaged at the time—I have seldom been out of trouble about money matters since I have known you—there was a man in possession before last quarter-day—he required 10l. or 12l. before he would withdraw—you raised it, and gave it me, and I got rid of the man—he still tried to sell up my goods; I consulted you with reference to it, and you applied to a Judge in Chambers and got an injunction restraining him from selling those goods—you then advised me to get the bill of sale in some one else's hands, and I went to another party to get the bill of sale, reassigned, and it was arranged between the party holding the bill of sale, myself, and yourself, that you were to take the house, and that I was to put in my furniture and become a lodger—I put up a bill to let a portion of the house furnished to pay the bill of sale off—I recognised you as landlord of the house—I have been subpoenaed both at the police-court and here to attend against you—if called on by the Court I should have appeared voluntarily—I have no wish to see you hurt.
Re-examined. I was given into custody in Court, where I was waiting for Mr. Goatley to arrive, and detained from 1 to 4 o'clock—after the charge was dismissed I was required to attend to give evidence before the Magistrate.
CAROLINE TAPP . I live at 130, Cambridge Street, and have been a servant in Mrs. Theobald's or Mrs. Calver's service for about two years, except for about 11 months when I was away—she and the prisoner have lived together as man and wife, occupying the same bed—I remember taking up three letters on 23rd October, about 8.30 a.m.—they were in bed together—I saw the prisoner open one letter; there was a cheque in it—he passed it to Mrs. Calver, and said it was a crossed cheque—I then left the room.
Cross-examined. You have always treated me very kindly.
JOHN FRASER (Sergeant B 5). I was on duty at the police-station when Mrs. Calver was brought there at 12 noon on 23rd October by a constable—the prisoner was there—when the charge was made Calver said "I am living with him"—the prisoner replied "Nothing of the kind; she is nothing more than an ordinary lodger in the house"—she did not say anything—she was charged with stealing the cheque; she produced it out of the bag she was carrying—she did not bring out the letter—she said before she produced the cheque she had it with her.
WILLIAM COUSINS (Police Sergeant). I arrested the prisoner on the morning of 11th November, shortly after 12 o'clock, on a warrant, in the passage of 130, Cambridge Street—he said "Is that you, Cousins?"—I said "Yes; I hold a warrant for your arrest for perjury"—I read it to him—he
said "It is rather unusual, isn't it, to grant a warrant 1 ought not a summons to have been issued?"—I said "I think not"—he said "It was very silly of me; I was excited at the time"—I took him to the station; he was charged, and in answer said "Very well."
Cross-examined. I received instructions to make inquiries with reference to this case on the 23rd—I think I made entries in a memorandum book—I have not got it with me; I did not think it necessary—I called on Mrs. Calver on the following day, I think—I would not be quite sure whether I did not see her till the following Sunday evening—I called there between 6 and 7 o'clock—I took down a statement from her—I reported it to the Magistrate—I have not brought it—she told me she had been living with you upwards of 18 months as your wife at this address, and also at 9, Aldgate Road, Brixton—I only asked her where you had lived—she said she did not wish to proceed against you—on 30th October I reported the result of my inquiries to Mr. D'Eyncourt, and the warrant was granted—I told him you had been living at 9, Aldgate Road, Brixton—I saw Mr. Wilson there, and he gave me information—I told Mr. D'Eyncourt I could produce evidence to that effect—I did not think proper to tell him that the lady did not wish to go on with the case—I told him all I thought necessary—I did not keep back anything important—it was out of her hands then.
The prisoner in his defence complained that the officer had not reported to the Magistrate that the prosecutrix did not wish to proceed against him, and asserted that had he done so the Magistrate would have looked on the matter in a very different light. He stated that he was drunk when the matter of the cheque took place, and had no recollection of it. With regard to the summons for assault, it was the affair of a moment, and the next day they were good friends again; and with reference to Mrs. Calver being his lodger, after the man had been in possession, the bill of sale was reassigned, and he became the landlord and she his lodger. When her character was attacked at the police-court he had defended it, and he argued that nobody was injured except the lady, who had withdrawn the charge against him.
The prisoner received a good character.
GUILTY .— Four Months' Hard Labour.
To enter into recognisances in 100l. and to find a surety for 100l. to come up for judgment when called on.
142. FREDERICK PULLEY (46), WILLIAM ALLEN (42), and HENRY HARTLEY (32) , Unlawfully obtaining 2s. 6d., and 3l. 6d., from John Robert Warren by false pretences, with intent to defraud. Other Counts, for obtaining money from other persons with intent to defraud, and for conspiring to obtain money from other persons with intent to defraud.
PULLEY PLEADED GUILTY .
MESSRS. MONTAGU WILLIAMS and GOODRICH Prosecuted; MR. BEARD
JOHN ROBERT WARREN . I live at 16, Edward Henry Street, Rhyl, and am a dyer—about 14th July, 1883, I saw this advertisement in the Rhyl Journal; in reply I wrote to that address, 86, Old Street, to Mr. Arnold, stating that I wished to borrow money for six years—on 24th July I
received this letter (produced) marked B. (This was dated 86, Old Street, London, and stated that P. Arnold was willing to lend the sum as soon as he was satisfied as to Warren's position; that he had telegraphed to his travelling agent to make inquiries; that his only charge was half-a-crown to cover the cost of telegraphing, posting, &c., and that that must be sent by return of post)—I sent him the half-crown in postage stamps, believing that the person advertising was in a position to lend the money—I received this letter, dated 26th July, 206, Kingsland Road, London. (This stated that the traveller having returned and made a satisfactory report, Arnold had decided to advance 50l. at 6 per cent., and requested that 3l. 0s. 6d., the first year's interest, should be forwarded at once, and on its receipt the 50l. would be sent)—this printed form came in the letter stating that he had moved his place of business, as he had had a serious fire at Old Street—I sent the 3l. 0s. 6d. by post-office order, believing I should' get the notes back—I asked for ten 5l. notes—I never got them—I wrote to know why I did not get them—about thirteen days afterwards I received this letter. (This was dated 206, Kingsland Road, and stated that he had been from home prosecuting a fraudulent debtor, and that the case had been decided against him, and he had lost 260l., that his solicitor had advised him to lend no more money unless he witnessed the signature himself; and requesting 1l. 11s. 6d. to cover his travelling expenses in order that he might do so)—I did not send the 1l. 111s. 6d.—I never got back the 3l. 0s. 6d.; I asked him to return it.
ELIZABETH WHITE . I am the wife of Edward James White—we keep a stationer's shop at 86, Old Street—in May last we were living at 101, Old Street-Pulley came and asked if we would take in letters for him—he gave the name of Peter Arnold—he—was to pay a penny per letter—a letter came for him every day or every other day—he called for them up to about the 3rd of August—on 24th June we removed to 86, Old Street, opposite 101—he paid a penny a letter and then asked me if I could not do them cheaper, and I agreed to do them for a halfpenny—he never carried on business as a money lender—we never had a fire there in July.
PHOEBE ARMSTRONG . I keep a stationer's shop at 206, Kingsland Road—early in August Pulley came to my house—I took in letters there in the name of Peter Arnold—I agreed to take them in at a halfpenny each—he wrote down the name on an envelope—he called for about two months; I think—he carried on no business there.
SARAH ROBERTS . I am a dressmaker, of 7, Stanley Street, Mold—about the end of July I saw an advertisement in the Standard. (This stated that all in want of money could obtain advances from 50l. to 1,000l., from 1 to 10 years, at 7 per cent, per annum, on the borrower's note of hand alone, by addressing Z. Rowlings, 28, Charles Square, Hoxton)—I applied for a loan of 50l., and received this letter marked H, dated 31st July, from 47, Banner Street, St. Luke's. (This was identical with a litter read in Warren's case, and contained inside a printed note that a fire having lately destroyed his late premises, all communications for Rawlings should be addressed to his new office as per addressed envelope.) I sent the half—crown, believing that the advertisement was bond fide and that the person was in a position to lend the money—I then received this letter, marked J, dated Banner Street, 2-8-83, asking for 3l. 10s. 6d., the first year's interest, in advance—I sent the 3l. 10s. 6d., believing that they were in a position to advance the money—I was asked what notes I would have—I never got any notes—I
never got my half-crown back or my 3l. 10s. 6d.—I wrote to know why I did not get my money, and I got this letter, dated 47, Banner Street, 14th November, 1883: "I shall be in Flint on Friday next, the 16th, and will wait on you that day if convenient and lend you the 50l. Write if that will be convenient to you." (Signed) "per Z. Rawlings, A.R."
CATHERINE WILLIAMS . I keep a stationer's shop at 28, Charles Square, Hoxton—I know Pulley, he came to my shop in July last and asked to have letters directed there in the name of Rawlings—he received about thirty letters, paying a penny a letter—he carried on no business as a money lender or anything else at my house—my premises were not destroyed by fire in July.
PRISCILLA PLUMSTEAD . I live at 47, Banner Street, St. Luke's, and assist my uncle, who keeps a stationer's shop—early in August Pulley came to my shop, and asked that letters might be taken in there in the name of Rawlings—letters were taken in for about three weeks or a month—he carried on no business there—we have had no fire there.
HENRY TUCKSWORTH . I am a grocer and provision dealer, of 21, Henderson Gardens, Moss Side, Manchester—in October last I was living in Napier Street—on 27th October I saw this advertisement (produced) in the Manchester Examiner and Times (This stated that 50l. to 500l. could be borrowed at 5 per cent interest, and smaller sums, not less than 10l., at 6 per cent, repayable by yearly instalments, on note of hand alone, by applying to G. H. Potter, 3, Orange Street, Red Lion Square)—I wrote asking for a loan of 100l—on 31st October I received this printed form, signed G. H. Potter, Orange Street, asking for the inquiry fee of 2s. 6d.—I sent 2s. 6d. in stamps, believing it to be a bond fide loan office, and that the persons were prepared to lend the money—on 22nd October I received a printed letter, asking me for 6l., the interest in advance, and 1s. for the promissory note—I sent the 6l. 1s.—then I got an application for 1l. 11s. 6d. for travelling expenses—I did not send that—I believed it was a bond fide office, and that they could lend the money, when I sent the 6l. 1s.—not getting an answer I came up to look at 3, Orange Street to see what sort of a place if was—I found it was a small newspaper shop, and gave information to the police.
EMILY EWEN . I am the wife of William Ewen—we live at 3, Orange Street, Bed Lion Square, Holborn, and carry on a small chandler's and stationery business there—on 20th October Pulley came to our place and bought a newspaper, and then asked me to take in letters for him—he wrote his name Potter on a piece of paper—he called for letters directed Potter,. and paid 1/2 d. a letter—he received about 30 altogether I think—he came to 3rd November I think, on Saturday—on that day Hartley came after Potter had been and said he was his brother, and I was to forward the letters to him—he said "Are there any letters for Mr. Potter?"—I said I had some letters, but I did not pass them over till I had a note from him—he said Potter had sprained his ankle that morning after he had been for the letters—he returned in two or three hours bringing this paper (produced) marked "R," signed G.R. Potter: "Mr. Ewen, please give bearer any letters which you may have for me, and he will pay you"—in consequence of that I gave him the letters—he came on the 5th and 6th, and I gave him all the letters addressed to Mr. Potter, and asked him how Potter was getting on—he said he would be better in a few days—after 6th November letters came for Potter, and I kept them,
and gave them up to Downham—this (produced) is one of them I think (This was addressed "Mr. Potter, at Mrs. Ewan's, 3, Orange Street, Red Lion Square, London, 3rd November," and nside is "8.11.3, meet me to-morow at 11 a.m.")—neither of them carried on any business as money lenders or anything else at our place.
Cross-examined by MR. BEARD. I said at the police-court that Hartley said he was Potter's brother—Pulley called on the Saturday morning.
JOHN EWAN . I am the last witness's husband, and live at 3, Orange Street, Bed Lion Square—I am now employed at the British Museum—I know Pulley as the person having letters received for him in the name of Potter at our house—on 12th November, Monday morning, Hartley was coming in—I had seen him previously, but there was one of Finch's, the confectioner's) travellers there, and he would not come in then, but walked down Kingsgate Street, and went round the corner—he was coming in the door, and then he put his hand up to the side of his face and walked away—I put a signal outside for the detective, as he was watching my place at the time, and went the other way into the square, thinking the detective was there—I saw Allen standing by the pillar—box in Bed Lion Square waiting—Hartley came up to Allen and spoke to him, and they both went through North Street into Theobald's Road.
Cross-examined by Allen: Coming from Bed Lion Square my shop is on the left—you were standing at the end of Bed Lion Square, at the bottom of Old North Street, not so far up as the Sheriff's Court—my shop is seven or eight houses from the street, about 70 yards—if I was standing at my door you would be on my right hand—you were walking up and down—I came towards you—I saw your face closer than I do now—you were there 5 or 10 minutes before Hartley joined you—I stood talking to a tailor, and looking at you at the same time—the police to whom I signalled were not round that morning—I thought they were about; a day or two before they had been waiting—Kingsgate Street is in the other direction from my shop—I did not swear the police came and followed Hartley—I went to the door and looked the way he went—I only watched him to the corner of Kingsgate Street—I have no idea which way he went in order to join you—after he came back to you you went away together in the direction of Old North Street, not particularly hurriedly.
Cross-examined by MR. BEARD. Only the traveller and my wife were in the shop.
HECTOR BBOWN . I am a dyer, living at Paisley—about 7th May I saw this advertisement, produced, in the Paisley Herald, "Cash promptly lent by a private gentleman, &c."—in consequence of seeing that I wrote a letter addressed to Mr. E. Wimpey, 10, Garnault Place, London, asking for the loan of 100l. for three years—I received this letter of 9th May, signed "E. Wimpey," asking for 2s. 6d.—I sent the 2s. 6d. in stamps—I believed the statement contained in the letter, that the persons had the means to advance the money, and that they were bond-fide persons, intending to advance it—I then received this letter of the 11th May, asking for 6l. 1s. as interest in advance—I sent the 6l. 1s. in the same belief—I did not receive any money—I wrote to know why, and received this reply, dated 18th May: "I was in town yesterday prosecuting a fraudulent debtor who denied his signature to a promissory note, &c.," signed "E. Wimpey"—I had another letter asking for 2l. 12s. 6d. for expenses—I did not send that—I did not receive back my money, or get the 100l.
GEORGE TRAP . I am a stationer at 104, Central Street, St. Luke's—about the beginning of May Pulley came and asked me to take in letters for him in the name of Wimpey—I took in letters for him for about three weeks—he did not carry on any business there—I never had a fire there.
LEIGH FERNS . I am a schoolmaster at Buxton, Derbyshire—I saw an advertisement in one of the Manchester papers offering to lend money, in consequence of which I wrote to Mr. G. Potter, 3, Orange Street, Red Lion Square, asking for a loan of 200l.—I received answers, which I have since destroyed, one asking for 2s. 6d. for inquiry fees, which I sent, another asking for 12l. 2s., which I sent in two postal orders, one for 10l. and one for 2l.—I believed that Potter was carrying on business as a money lender, and that he had the means to advance the money—I never got the 200l. or any of my money back.
ELIZA MANNERS . I am the wife of George Manners, of 106, Fetter Lane, stationer—I know Hartley by sight—on 5th November he came to my shop, and asked me to take in some letters for him, as he was about a situation—he was in the habit of buying a paper every morning—he said "I don't want the governor to know"—he asked for a piece of paper to write down his name; this is it (produced)—I saw him write this, "Mr. Potter"—he agreed to pay a penny a letter—he called every morning for about 12 days—the last time was on Monday morning, 14th November, when I gave him some letters—on Thursday morning, the 15th, I saw Inspector Dowdell—later on that morning Hartley came and asked if there were any letters for him—I said "I don't know, I will look"—he said he expected one—he went away, and said "I will call again after breakfast"—he did not come again—he did not carry on any business at our place—we had no fire at our place.
Cross-examined by MR. BEARD. I did not ask him his name—he said "If you give me a piece of paper I will write down my name."
CHARLES TOWNER (Police Sergeant E) I know Pulley and Allen by sight—I have seen them together on two occasions in June last in Russell Square—I had occasion to caution Pulley at that time regarding loans—that was in Allen's presence—I had occasion to keep observation on the shop, 55, Great Ormond Street, when Pulley fetched letters, and met Allen on two occasions—Allen was waiting in Russell Square—they opened the letters, and read them, and walked along reading them.
Cross-examined by Allen. This is the first time I have spoken about letters; I was not asked about it, or I should have mentioned it—Russell Square is about 300 yards from Great Ormond Street—I didn't see him meet you after that.
GEORGE EVANS (Policeman N 517). I know Allen and Pulley by sight—in April last I was on duty at a fixed point in Providence Place, Upper Street, Islington, for four weeks—I know Allen by the name of Evans, and Pulley as Sugar—I saw them together six or seven times during April—I saw them go into the Fox public-house, which is right opposite my point.
Cross-examined by Allen. I knew that you were living in Providence Place; that is about 20 yards from the Fox—I knew you were living there in the name of Evans—I didn't know that a Mrs. Evans kept the house previous to your living there—I knew that your name was Allen—I heard you called Evans by your stepdaughter, Polly Evans—I knew
you were living there incog.—I don't know what business you carried on there—it was in the evening I saw you with Pulley.
FRANK BRIERS (Police Sergeant E). I know Pulley, Allen, and Hartley, by sight—on the 2nd Nov. I was in Lever Street, St. Luke's, about 11 o'clock in the morning—I saw all three prisoners going towards the City Road; I followed and lost sight of them—on 15th November, when Hartley was given in custody, I heard him give his address as 19, Fanshaw Street, Hoxton—I made inquiries there—I received four letters from 47, Banner Street, which I gave to Inspector Dowdell.
Cross-examined by Allen. I think you saw me—I saw Pulley turn round and look—I followed you as far as Ironmonger Bow, that was about 200 yards, and then I missed you.
Cross-examined by MR. BEARD. I know the Spread Eagle public-house; I never saw Hartley there, or near it—the three passed me as I stood at the corner—Hartley gave his correct address—I went there—I was informed he had been living there three months—I don't know a man named Archer living near there.
EDWARD KEEN . I live at Manchester—I am an advertisement clerk in the Manchester Examiner and Times office—on the 23rd October I received this letter with this advertisement for insertion, and it appeared four days in the paper—the letter is signed "G. H. Potter."
LLEWELLYN READY . I am a clerk in the Post-office, Money Order Branch—I produce a post-office order for 3l. 0s. 6d., issued at Rhyl on 7th August, payable to John Ward, and purporting to be signed by John Ward—I also produce a post-office order for 6l. 1s., issued at Paisley on 15th November, payable to John Bright, and signed "John Bright"—I produce another order issued at Mold on 8th August, for 3l. 10s., and signed by John Rogers; also another order for 10l. and 2l., issued on 13th November, at Buxton, payable to and signed by John Farrier.
JOHN DOWDELL (Police Inspector). On 15th November I was in Fetter Lane with Sergeant Conquest—I saw Hartley enter and leave Mrs. Manners's shop, 106, Fetter Lane—I followed him into Greystoke Court, about 20 yards from the shop—he was followed and joined by Allen; they were talking together, and walked very rapidly as far as Cursitor Street—I there took hold of Hartley, and Conquest took hold of Allen—I told Hartley that I was a police officer, and I should take him in custody for being concerned with Fred Pulley, now under remand for obtaining money by fraud and conspiracy—he said "Very well," in a very low tone—he scarcely uttered a word the whole way to the station—I took him to Scotland Yard, searched him, and found on him a penny, and a newspaper that he had previously purchased at 106, Fetter Lane—they were both charged at the police-court—I don't think they made any answer—they refused their address—I saw Pulley in custody at Upper Street Station about 12 o'clock the same morning.
Cross-examined by Allen. I did not see Hartley leave you, but he entered the shop—you went quietly with me to Scotland Yard—when we got to Upper Street Station you asked to see the warrant—Pulley was arrested on the same warrant on the 3rd—this was on the 15th—the name of Arnold was on the warrant, not your name—I knew you under
so many names—I knew you were connected with these frauds from inquiries.
JOHN CONQUEST (Police Sergeant). On the 15th of November I was with Dowdell; I saw Hartley go into Mrs. Manners's shop, and when he left I followed him—Allen was waiting a few yards off—I followed them to Cursitor Street—I there took hold of Allen—I told him I was a police-officer, and he would be charged with others in fraudulently obtaining money—he said "All right; have you a warrant?"—I said "Yes, there is a warrant, and it will be read to you later on"—I asked his name and address—he said "We will give our name and address when we see the warrant"—the warrant was afterwards read over to them; they made no answer whatever to the charge—Allen then gave his address as William Allen, 2, Providence Place, Upper Street, Islington—I searched him—I found no money on him; there was a pocket-book containing two duplicates and two racing cards.
JOHN GEORGE LITTLECHILD (Police Inspector). I have known Allen about twelve years—I produce a letter which was received at Scotland Yard on the 19th of June, 1882—I had a conversation with Allen about that letter; he told me that he had written to Chief Inspector Deane, to whom it was addressed.
Cross-examined by Allen. You made that admission at the police-court, and said you should take your stand on one or two letters to prove your innocence—I have since seen specimens of your handwriting—I gave evidence as to handwriting in the dynamite trial—I have seen the documents signed "Arnold"—I was undecided at Worship Street as to whether that was your writing—I have not seen them since, not to observe them—I knew you was an expert writer, and I prefer leaving it in the hands of an expert—I cannot give an opinion on looking at the letters; they didn't strike me as your writing.
FRANCIS JOHN SIMS . I am a clerk in the Solicitors' Department at the Treasury—I produce two documents; one is a copybook of the prisoner Allen, which I received from the schoolmaster of Spike Island Convict Prison; the other is a letter written by Allen—I heard him at the police-court, admit both these documents to be his handwriting. Allen. To save all time I admit that they are.
GEORGE SMITH INGLIS . I live at 8, Red Lion Square, and am an expert in handwriting—I have given my evidence as an expert on several occasions in a Court of Justice—I have compared the letter to Scotland Yard, the copybook, the letter to Mr. Bourke, and the documents produced by Mr. Sims, with this letter marked 8864 and the letter B in Warren's case signed "P. Arnold;" also the other documents marked C, D, and E, and in my opinion they are written by the same person—if necessary I can point out similarities, and give my reasons—I have also compared the three first-named documents with the letter marked M in Miss Roberts's case, and in my opinion that was written by the same person—I have looked at the signatures to the three post-office orders and compared those with the admitted documents in Allen's writing, and to the best of my belief they are in the same handwriting—the postal orders are in another handwriting—I have compared the piece of paper marked I and the letter marked 2 B, of November 8, addressed "Mr. Potter, at Mr. Ewen's, 3, Orange Street, Red Lion Square," with the admitted handwriting of Hartley, and in my opinion
they are in the same handwriting; also the two postal orders signed "John Pollard" and the two post-office orders.
Cross-examined by Allen. I have been an expert twelve months and thirty years a facsimilist. (The witness pointed out instances which he alleged satisfied him as to the documents alleged to be Allen's being his writing.) I have noticed the similarities but I have not looked for dissimilarities.
The prisoner Allen, in his defence, urged that the evidence as to his hand-writing was not satisfactory, and that without such proof there was no case against him.
GUILTY . PULLEY and ALLEN
PLEADED GUILTY to having been before convicted.— Five Years' Penal Servitude each.
NEW COURT.—Thursday, December 13th, 1883.
Before Mr. Recorder.
MESSRS. WADDY, Q.C.,GRAIN, and SULLIVAN Prosecuted; MESSRS. T. O. CRUMP and GILL appeared for the Defence.
WILLIAM JOHN ROYCE . I am a newsboy employed by Messrs. Willing at Farringdon Street Station—on 31st October I received all my copies of Judy from Mr. Birt—I had them on the bookstall on the platform for sale.
JOSEPH MORRIS . I am employed by Messrs. Willing—on 29th October I got some copies of Judy from the office in Shoe Lane—they were that week's number—I gave some of them to Birt on Tuesday morning at our office.
WILLIAM MARDO SANDERSON . On 31st October I went to the Judy office in Shoe Lane and asked for that week's paper—the reply was they were out of print—I had gone there on Tuesday afternoon, the 30th, and the reply then was they were out of print—I saw about fourteen copies in the window and seven or eight cartoons—people passing could see them—I went back and asked for one; they told me they never sold window copies—I am engaged at the Central News office—this telegram was received on 22nd October: "From Montreal to 'Horace,' Throgmorton Street. Special Cabinet Meeting Quebec. Dynamite Plot Lansdowne, discovered. Arrests probable. Intense excitement Princess indisposed"—"Horace" is our code name.
Cross-examined. I have not the expansion with me—I have seen it in the newspaper—I cannot tell you if the expansion produced is correct—I have not read it through—I am not employed on the editorial staff—this appears to be an extract from the Daily Telegraph of 23rd October—our agency supplies the Telegraph—I keep the books, look after the orders, and arrange for the post-office—I saw the telegram on the file when
I referred to matters of booking—I cannot speak to the first date; I saw it some time in October I believe—it has been in my hands a number of times—the Usher handed it to me—this morning is not the first time I have seen it—I have nothing to do with telegrams received; I send them out—I make charges—I do not remember seeing it off the file previous to this morning—I am prepared to answer questions; I have had no coaching by any one—I believe the first occasion I had the telegram in my hand was before the Grand Jury last Sessions here—I did not produce it; I cannot say who did—I next saw it this morning—in the course of my business I have had telegrams issued by the Central News in my hands daily for the purpose of making charges and looking up mistakes made by the Post-office and other things—our clients are supplied by contract; that is universal—in reporting speeches of members of Parliament we charge by the number of words sent, a uniform charge—Parnell would be charged for at the same price as the Marquis of Salisbury—I do not know that we sent a telegram from Montreal to the Bristol Mercury.
Re-examined. It is not to our interest to lengthen telegrams, but the contrary; we have to pay for the transmission.
Witnesses for the Defence.
FRANK COLEBROOK . I live at New Cross—I am one of the sub-editors of the Central News—I was examined at the Mansion House and bound over to appear here on my recognisance, and was here to be called—while I was on duty on the morning of 22nd October I opened the skeleton telegram marked C. (Referring to a Special Cabinet Meeting.)—there are twelve words on that subject—I dealt with them and sent out the flimsies I see here. (An expanded telegraphic report containing a list of the Dominion Cabinet and details not in the skeleton form.)—that was my production—I went off duty about 9 or 10—no other telegram had come in in the mean-while—I had telegraphed to our correspondent to send more particulars—they had not arrived when I went off duty—I have never stated that I had no other particulars; before I wrote what you have read to me I had a great many particulars—I do not mean that I have got an answer too my telegram—I had a great deal of other telegraphic information between the arrival of the first telegram and the time I wrote this—Mr. Moore, the chief editor, came on duty next to me about 4 o'clock—he writes out telegrams—I was on duty when the telegram came from Woolwich; I was not in the office when this article was written: "A terrible explosion occurred at the rocket factory," &c.—I do not remember writing a word about the Woolwich explosion—the Central News do not supply anybody with "supposed telegraphic information—the Echo is a subscriber; we supply them sometimes—I cannot tell you who supplied them, or who sent out the flimsies about the Woolwich explosion—Mr. Jennings and two lady sub-editors also expand telegrams; they also write out telegrams—now I see this report of the Woolwich explosion on a flimsy I can say I did not write it; I know nothing of it—there is nothing on the flimsies to identify the person responsible for it, only the knowledge of hand-writing—these are Central News flimsies—I cannot tell you whose writing they are in—the word "telegraph" is not there, but it was telegraphed—this report (of the Woolwich explosion) came from the Central News Office to the best of my knowledge, as it is written on the Central News paper, but where it came from I cannot tell.
Cross-examined. I had other information than the telegram when I wrote the article—there is not a word in the Daily Telegraph report for which I could not give good grounds—I had received this letter containing information from Canada about a week before the telegram of 22nd October—I know the practice in Reuter's and other agencies besides ours—we have advance letters, and unquestionably other agencies have them too—the letter produced came from Mr. Jarvis, of Montreal, and these letters enable us to evolve what is involved in telegrams, and give us knowledge of Canadian affairs; they are written for that purpose—Mr. Jarvis is our correspondent in Canada—this letter (An advance news Utter) is his writing—my attention had been drawn to other telegrams and information from other correspondents on the same subject—nothing was in the telegram but what was literally accurate as far as I know—we supplied several newspapers with telegrams; I do not know whether we supplied the Echo with telegrams of the Woolwich explosion—the long telegram (As to the dynamite plot) was only supplied to the Daily Telegraph—many of the newspapers we supplied also received telegrams from Reuter's and other agencies—various telegrams are sometimes compressed into one and published—a telegram may not appear as we send it out—I have never known any lies sent out, nor any manufacturing of intelligence or pretended telegrams from the Central News Office—it is not true, to my knowledge, that any one at that office has been a concocter of false news—we have about 1,200 agents in various parts of the world—inaccuracies now and then occur, but they are always followed by very strict inquiry and correction—we get the best men we can as correspondents, men holding high positions in the newspaper world—it has been calculated from the Post-office returns that we send out a million and a half sheets of news a year—I believe the mistakes have not been more than 15 per annum—the American papers subsequently confirmed our telegrams which Reuter contradicted.
JOHN JENNINGS . In October last I was a sub-editor in the service of the Central News—I edited the telegram from Montreal of 22nd October, "Plot explode Circassian, Ramouski thwarted, Lansdowne's movements circuitous, Halifax dynamiters sent trial"—that telegram and the previous one referred to make 28 words—I have not counted the words of our expansion to see if they make 710 words—I had nothing to do with sending out telegrams of the Woolwich explosion—the Madagascar telegram in the Pall Mall Gazette was a Central News telegram, but I know nothing of it—I have no doubt the telegram of the earthquake in Asia Minor was a Central News telegram, as it is so quoted, but I had nothing to do with it—we are quite used to contradictions from Reuter—if they happen to be behindhand with a piece of news they invariably contradict—I took no steps at the time the Madagascar telegram was contradicted, but the matter has since been fully confirmed, and amongst, others by the despatch of Lord Dufferin to the Lord Mayor of London appealing for assistance for the sufferers—I had other information, namely that to be found in the files of the London daily papers—I am not aware of any written information in our office of the existence of the dynamite school in New York—the information that the desperadoes were to row out in an ordinary boat is contained in the words of the second skeleton telegram, as they could not reach the Circassian without rowing out or swimming—with regard to the words "Machines would be concealod
in the boat," they would naturally be carried in the boat—the information that machines were hidden in Quebec was conveyed to me in the course of very wide reading of both American and Canadian newspapers for weeks previously, from which I was aware there was considerable activity amongst the Irish party in the Dominion—the information as to the way in which the miscreants were to effect their escape during the panic and confusion, was a reasonable deduction from the actual skeleton telegram—the railway journey and the blowing up of bridges was founded upon the plot mentioned in the first skeleton telegram, in the dynamite plot, and that Lansdowne's movements were circuitous, also from numerous threats against Lord Lansdowne, and amongst other things the blowing up of railway bridges was mentioned—news of plots in Canada reached us in fragmentary forms as they leaked out, and therefore I concluded they would come to the ear of the police in a fragmentary way too—the whole was a reasonable conclusion from the actual words of the telegram—as to the words "I am reliably informed," of course I assumed that our correspondent was reliably informed.
Cross-examined. Previous to my engagement by the Central News I had been employed by Reuter—my work there was a reversal of my present work—I had to contract into a few words, telegrams to send abroad, and condense long telegrams into short ones—the same system is adopted at Reuter's as at the Central News as far as my knowledge went—as long as it is honestly performed it is not possible to carry on the business without adopting that system—I had to act at Reuter's for Australia, India, Egypt, and other places—I have been in the telegraphic profession about ten years—where the charges are high the condensing and expanding system is used, as every possible economy has to be made and the fewest possible number of words sent, and what is sent should be sent in such a form as to afford points for the receiver to catch hold of for the purpose of filling up or editing, it on receipt; but in the United Kingdom, or France, or a nearer country, where the charges are not so high, a great deal more liberty" is allowed and many more words are used to express the same meaning—the receiver is not told anything he ought to be previously aware of—that is the principle adopted in condensing and expanding telegrams—that principle was followed in the services I conducted—when the Central News has been first with information, contradiction by Reuter has frequently appeared which has been afterwards withdrawn when they had the honesty to do so, or subsequent events have confirmed our original news—the dynamite plot was subsequently confirmed by the American and Canadian papers—no error has been pointed out to me with regard to it—our telegram as to Madagascar was found to be literally accurate—the Central News have frequently been in advance of the Government in information, the Government is always slow in divulging anything they know—I was not cross-examined about the Madagascar affair at the Mansion House—it was not mentioned there—the telegram in French now produced says there were more than a thousand victims by the earthquake—it turned out to be the fact that there were a thousand killed and more than 20,000 victims—before and after Reuter's telegram, the Central News, the Standard, Daily News, and the Times were receiving telegrams from day to day giving details of the earthquake—a special correspondent went from Constantinople to the scene of the disaster, and telegraphed hundreds of words direct to us—it is a fact that a dynamite
school exists in New York and that a man advertises to give a course of lessons on infernal machines, dynamite and others—an exhibition has been held in New York on the method of sinking vessels by dynamite—nothing appeared in the Daily Telegraph from us but what was literally accurate according to the information in the telegrams and already in our office and reasonable deductions from it—it is not true that I have ever concocted false news, or to my knowledge published false or misleading information, or that I have been a party in any way to pretending to receive news which I have not received.
---- WILLIAMS. I am a clerk to the Eastern Telegraph Company—I produce three telegrams from Madeira—I cannot find any telegram from Zanzibar of March 12th about H.M. ship Dryad—a telegram from Zanzibar to the Central News must come through out office.
Cross-examined. There is a direct Spanish cable via Vilboa, but I cannot say whether it was in work at that moment.
WALTER FRANCIS BRADSHAW . I have been in Router's offices since 1874, four years in South America and five at the head office—the telegrams are generally in foreign languages and in code—"skeleton" conveys to my mind no meaning whatever, and I never heard that expression before this trial—I never saw a telegram expanded in this way before; I call it development—I can only explain the system at our office—we receive telegrams in plain language and also in code—we receive them in plain language from foreign newspapers where the price is low, from places like Zanzibar we receive them not in a skeleton form, but a code is a message composed of frame words and cypher words—the tariff is as high from Zanzibar as from Melbourne there is no difference between a plain message and a message in code—when we receive a telegram in code we may alter its form, but we do not add to it except prepositions and conjunctions which may be required—we do not add nets to it, but it has happened in Melbourne or Australia through excess of zeal that editors have added facts which have not appeared, but directly we found that we reprobated the practice and ordered them to discontinue it—that occurred in Australia but certainly not in the head office; it is practically not the case at Reuter's.
Cross-examined by MR. WADDY. I know nothing about a telegram of eight lines from the Standard coming to us and being expanded into half a column, or about one of 150 words from Zanzibar which was sent to the Morning Advertiser being expanded into 2,600 words—I know I got the telegram, and for all I know to the contrary it may have been 2,600 words long—I did not see the original message, therefore I do not see how you can expect me to say; if you had told me before I would have brought it; I do not know the length of it—I do not know that there were 250 words of actual quotation—I do not know that an official list is published of the number of words telegraphed from Moscow—we supply the Morning Advertiser—I do not mean to say that they coined these three columns as coming from us, and I have no reason to doubt that this is an accurate report, but I do not know the number of words that were in our telegram—we have a very large service, and it is impossible that I can know the contents of every one of the telegrams we
receive—I did not receive or write out this telegram; as far as I know it was our chief editor, Mr. Williams, but I am only speaking from memory.
WILLIAM LEWIS . I am senior proprietor of the Bristol Mercury—I am not a subscriber to the Central News, I simply pay for special messages—I received a communication from the Central News that they had a long Montreal telegram, of which this is a copy (produced)—it is a manufactured composition of three-quarters of a column, and I am only here to-day because I consider a fraud has been perpetrated on them and on myself—I have not got the flimsy; this is an absolute reproduction of what was sent us by the Central News, it is not concocted by me in any way—I have been charged for it, and refused to pay—I inserted it in my paper in the belief that it was a bond fide telegram. (The COURT suggested to MR. WADDY that the case ought not to go any further, as the freedom of the press and the freedom of criticism were essential to the public interests. The JURY then stated that they considered the publication to be only fair criticism.)
NOT GUILTY .
NOT GUILTY .
MR. POLAND Prosecuted.
ANN PRIOR . I am a widow, and live at 15, Hendon Place, Pimlico—the prisoner came to lodge at my house in November last year, and remained five or six weeks—after she left I missed a shawl, two brooches, and other articles—this is my brooch and shawl (produced).
Cross-examined by the Prisoner. I do not know the date you left; it was on a Friday night—a young man named Taylor lodged there, and you got him into a deal of trouble—he went to bury his father, and that was the time you went away—I did not receive a new pair of gloves out of a cab—I know Mr. Tyler, and you would have got him into a deal of trouble; it is a blessing he got rid of you—I swear to these things—I have no mark on the brooch.
ELEANOR GREEN . I am the wife of William Green, of 8, Maiden Lane—last April I lived at 14, Fountain Court—the prisoner lodged there, and when she left she left a box behind her, which was moved to 8, Maiden Lane—about 13th November, last month, I showed the box to Gregory—he opened it in my presence with a key which he had, and took out this brooch.
Cross-examined. You gave me the key after you were in custody.
WILLIAM READER (Police Sergeant E). On 27th November I took the prisoner on another matter as she was leaving Millbank Prison—she was wearing a shawl—on the way to the station in a cab she said "One thing, they can't bring a case of felony against me this time; "I said" I think they can"—she said "What for?" I said "For Hendon Place"—she followed me into the station, and I went back to pay the cabman, and saw
this shawl, which she had been wearing, partly pushed behind the cushion—I took it into the station to her, and said "This is the shawl you left in the cab;" she said "It is not mine."
Cross-examined. I saw you with the shawl on your shoulders—I did not tell the Magistrate I saw you put it behind the seat—I did not pay the cabman while you were on the steps.
The prisoner, in her defence, stated that every word Mrs. Prior had stated was false, and that the shawl was her own, and she identified it by a hole where it had been singed, and that the brooch belonged to a Mrs. Hinton, and not to Mrs. Prior.
Witness for the Defence.
ROSE ANNA BRAID . I am neither single, married, nor a widow—the prisoner bears a very good character for honesty and integrity, and I have bad opportunities of judging that she is incapable of a robbery—I employed two Counsel and a Solicitor, and I think they are here now—it was only this morning we found that they could not attend to their briefs—if she had been properly defended she would have shown that she had no time to get her case up.
Cross-examined. We are all very good till we are found out—I do not believe she was convicted in May, 1876—I believe she is incapable of this, and I know sufficient of law to know that where there is a missing link it can be supplied for a few shillings—there are hundreds of previous convictions against her—you want to get her out of the country.
GEORGE LEWIS (Policeman). I produce a certificate of the conviction of Mina Jury in May, 1876, of stealing surgical instruments and other articles in the dwelling-house—she was sentenced to three years' penal servitude—I was present—the prisoner is the woman—two previous convictions were proved against her then.
GUILTY . (See p. 247)
THIRD COURT.—Thursday, December 13th, 1883.
Before Mr. Common Serjeant.
146. JAMES LYME (34) and THOMAS BAYNHAM (46) , Feloniously breaking and entering the warehouse of Hermann Wagner, and stealing 150 watches, lockets, and other goods, his property. Second Count, receiving.
MR. RAVEN Prosecuted; MR. PURCELL defended Lyme.
HERMANN WAGNER . I am in the employment of Messrs. Wagner and Gerstley, merchants, 47, Aldermanbury—Mr. Hermann Wagner is one of the partners—on Wednesday evening, Nov. 21st, I saw the warehouse locked up at 7 o'clock—next morning I came at 9 o'clock and went into the warehouse—nothing was wrong downstairs; upstairs I noticed two cupboards had been broken open and a desk, and there were a lot of empty watch-boxes and cases lying about on the floor—the desk was all right the night before—I afterwards ascertained there were about 150 of these watches, value about 90l., I believe, and a few silver watches—the metal ones run from 9s. 6d. to 19s. each.
Cross-examined by MR. PURCELL. We lost 150 watches altogether, all from the upstairs place—the majority of them were metal; there were a few silver ones—the whole warehouse is ours—it contains basement,
ground floor, and three floors besides—the firm employs about a dozen persons—I left no one in the house when I came away—it is a corner warehouse—there is a church on one side and a warehouse on the other—I was the first person to get there next morning.
CHARLES HOSKING . I am a clerk in Messrs. Wagner and Gerstler's Warehouse, 47, Aldermanbury—I was on the premises at 7 o'clock on the evening of the 21st—I went round the ground floor—I noticed the skylights at the top were securely fastened—the skylights and two windows open on a swivel, and are fastened inside with a rope attached to the skylight and to a hook in the wall—the skylight is about 16 feet from the ground—it is over a portion of the ground floor which projects from the back of the house—I left at 7 o'clock—I saw Wagner on the premises before I left—I left before him—I got there the next morning about 9 o'clock, after him—I noticed the rope from the skylight was broken, and slight marks of footsteps on the fixtures we have attached to the wall—the skylight was open—the glass was broken in the skylight, but that was done before.
Cross-examined. A piece of vacant ground runs round the back of our premises—the skylight fastened from the inside; it had been opened by breaking the cord—all the 12 persons in the employment have been there some time—nobody has been turned away for the last three months, I think—I know nothing about how the watches were kept.
Re-examined. There is a hoarding about 7 feet high round this vacant ground—you can get over it; it runs down Aldermanbury Avenue—the church is at the back of our premises.
WILLIAM ALFRED BESANT . I assist my father, a pawnbroker, at 285, City Road—I produce a watch which Lyme brought into our shop on Nov. 23 about 2.30—he put it down on the counter, and asked 6s. on it—I remarked "These watches are capital watches for going; where did you get it from?"—he said he bought it in a club for 35s.; "My mate and myself had one"—I advanced him the money and gave him a ticket, made out to John Andrews, 8, Prebend Street—on Saturday, the 24th, two constables came into my shop and made a communication to me, and on Monday Baynham, whom I have known for several years, came in—he produced the ticket, and said "I wish to look at that watch, Mr. Besant, by paying the interest"—I said "Very well"—I left the shop, pretending to find the watch, but instead I went for a constable—I then said "Where did you obtain this ticket, Baynham?"—he said "I bought it with several others about a week ago"—I said "Who of?"—he said "Of a man in the London Assurance, City Road"—I said" It is impossible for you to have done that; the watch was not pawned a week ago"—he said "I bought it about four days ago"—I said "You must go with me to Old Street Police-station, as I have had information of a robbery of watches, and this is one of them"—he said "You have known me for a great many years, Mr. Besant, and always found me an honest man"—I said "That is no matter of mine; I have my duty to perform in this case"—he was taken to the station—the officers were in the shop at this time—this is the ticket I gave to Lyme on Friday, the 23rd, for this watch.
Cross-examined by MR. RUSSELL. On the Friday I saw Lyme; I did not recollect him as a customer before—my father was in the place at the time—we have a lad; he does not serve—I have been there for 15 on 18 years.
HENRY EDWARDS (Policeman G 109). I saw Besant, and went with him into the shop on Monday, 26th November—Mr. Besant, a boy, and Baynham were there—I said "Mr. Besant has produced a ticket which you have shown him; where did you get it?"—he said "I bought it of a man with several others in a public-house in the City Road"—I said "What is the name of the public-house?"—he said "I don't know"—I asked him" Who did you buy it of?"—he said" A man; I don't know his name?"—I said" When?"—he said "About a week ago"—I said "You can't have done that, it was not pledged then"—he said "About four days ago then"—I said "You could not have done that, it was not pledged then"—I could tell it was not by the date on the ticket—I called his attention to it and Said "By the date of the ticket you could not have bought it then"—he said "I bought it on Saturday morning"—I took him to the station, searched him, and found 13 other tickets on him—I looked through them—they related to four other watches and a dress and handkerchief and shawl.
SIDNEY PLOUGHMAN . I am assistant to Samuel Sharman, 188, St. John's Street Road, Clerkenwell, pawnbroker—I produce a metal watch, pledged on 23rd November, about 12 o'clock, for 7s. in the name of John Andrews, 7, Prebend Street, by Lyme—this (produced) and marked "B" is the ticket which I gave him—he said the watch was one which he had from a club—he did not say what club.
Cross-examined by MR. PURCELL. I am not certain whether it was midday, it might have been later—I did not make out the ticket—I don't recollect Lyme as a customer before—one other serves in the shop besides myself.
ALBERT GEORGE SPICKNEL . I assist Mr. Finney, pawnbroker, Shepherdess Walk, City Road—I produce a metal watch, pawned on 23rd November for 4s., in the name of John Andrews, 2, John Street, by Lyme—he said it was a club watch, and that it cost 22s. 6d.—I believed him, and made out this ticket, and paid him the money—we thought it was rather an unsaleable watch.
Cross-examined by MR. PURCELL. I wrote the ticket—I had seen Lyme several times before, and I knew his face as the face of a customer.
Re-examined. He had pawned different things—I don't recollect when I had seen him last—I had been away from Mr. Finney for 12 months, and gone back again—I had not seen Lyme for 12 months.
GEORGE RICHMOND . I am assistant to Mr. Jeans, 27, Myddelton Street, Clerkenwell, pawnbroker—I produce a metal watch, pawned on 23rd November, 1883, for 5s. by Lyme, in the name of John Andrews, 9, Park Street—I gave him this ticket.
Cross-examined by MR. PURCELL. I only wrote the ticket—the foreman took the watch in—he is not here—he calls out what I am to write, and I write it—I am always very careful about the address—I have heard people give the name of John Smith—I had a good look at the person—I did not fancy I had seen him before as a customer—I am quite certain I have not written a ticket for him before.
JOSEPH DEVILING . I am assistant to Edward Scoons, pawnbroker, of 68 and 70, Bridport Place—on 22nd November the business was carried on by Mr. Caitland, and I was then in his employment—I produce a metal watch, pledged on 22nd November for 6s., in the name of James Andrews, Copsall Place—to the best of my belief Lyme pledged it—I
called his attention to the railway engine marked on the back of the watch—I asked him the meaning of the mark—he said "It was a club watch, it cost me 25s." or "35s.," I won't be certain which.
Cross-examined by MR. PURCELL. I did not write the ticket—I remember it was the 22nd without the ticket at all—it was the Thursday according to our books—I have no particular reason for fixing it on the Thursday—I have not got our books here—I cannot be positive as to the person who pledged it.
ALBERT BORA . I am assistant to Mr. Finney, pawnbroker, 197, Goswell Road—I was in the shop on the 23rd when Lyme came in between 2 and 3—he produced a watch like this, put it on the counter, and said "Will you lend me 5s. on it?"—I looked at it and had my doubts about it, and said I did not like taking it at all—he told me it was a club watch—I asked him whose watch it was—he said "It is my watch, and I gave 30s. 6d. for it; I was going to pay weekly"—it is face simile of this one with a mark on the back.
Cross-examined. I did not refuse it because of the article, but because of the person offering it—these watches are easily saleable; pawnbrokers like to put their money on them.
Cross-examined by MR. PURCELL. I have not got the numbers book here; one of the numbers was published in the list—a great many watches of the same kind are sold—they have not long been manufactured—these watches are made for us—I should not say they would be sold in any London shop, they are made for us for exportation only.
Re-examined. I have no doubt about the watches being ours—there are two of the numbers which I can be certain of—there is one number which was on the box left behind.
FREDERICK DOWNES (City Detective). I saw Baynham on 26th November at the Moor Lane Police-station—I said "I am a police officer, and six tickets found on you relate to watches stolen from 47, Aldermanbury; where did you get them from?"—he said "I bought them from a man of the name of Jimmy Lymes last night at the White Swan public-house, Nile Street, Hoxton, on the Sunday evening, and I gave him 12s. for them"—I said "Do you know where he lives?"—he said "No"—I said "Have you ever seen him before?"—he said "Yes, once"—I said "A ticket was also found upon you relating to a watch pledged for two guineas; where did you get that from?"—he said "I purchased that of a. traveller two or three nights ago who was hard up"—I said "There are six other tickets relating to watches and wearing apparel; where did you get those from?"—he said "I bought those of a woman about a fortnight ago"—I said" Do you know where to find the woman? have you seen her before?"—he said "No"—I then told him he would be charged with being concerned with others in breaking and entering, and stealing and receiving about 150 watches and a quantity of common jewellery from 47, Aldermanbury on 21st and 22nd November"—he made a similar reply, that he had obtained the tickets from Jimmy Lymes, and that he knew nothing of the robbery—Baynham was locked up, and about 9
o'clock on the same evening I went with Wackett and Sergeant Sage, and searched Hoxton for the man I believed to be Lyme—I saw him in the White Swan public-house, Nile Street—I went up to him and said "l am a police officer; a man of the name of Baynham is in custody for breaking and entering into 47, Aldermanbury, and he is in possession of six tickets relating to some of the property, and he states that he purchased them of you on Sunday evening"—he said "I know nothing of him, the robbery, or the tickets, it is all wrong"—I conveyed him to Moor Lane Police-station, and confronted him with Baynham—I said to Baynham "Who is this man?"—Baynham replied "That is the man I bought the tickets of at Nile Street"—I then told Lyme he would be charged with being concerned with breaking and entering, and stealing and receiving, the same as the other—he made no reply—I examined the premises on Monday, and found an entrance had been effected by passing through the gates of Zion College, and getting over the hoarding in Aldermanbury Avenue, climbing over a wall and on to a low roof, and then through a fanlight—the rope of the skylight had been broken, and the skylight would open sufficiently wide for an ordinary sized man to get through—when inside they would have access to the whole warehouse—they got out by the first-floor window, leaving by the same vacant around.
Cross-examined. Lyme gave me an address, 48, Hartney Street—I went there—I found no watches or anything stolen from Mr. Wagner's.
The Prisoners' Statements before the Magistrate. Baynham says: "I know nothing whatever of the robbery. I bought the tickets of Lyme; I did not know they were stolen. I was at work till 7 o'clock at night at the City Sawmills. I came home and washed myself, and had a cup of tea, and went to the Great Eastern Railway and stopped there till 10.25, and came home at 10 minutes to 11, and I went out at half-past 5 to work, where I have worked for 10 years, at the City Sawmills." Lyme says: "I reserve my defence."
Baynham in his defence stated that he knew nothing of the robbery, he had bought the tickets.
GUILTY of receiving . LYME*†— Eighteen Months' Hard Labour . BAYNHAM— Twelve Months' Hard Labour.
OLD COURT.—Friday, December 14th, 1883.
Before Mr. Justice Smith.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MESSRS. EDWARD CLARKE, Q.C., and HORACE AVORY Defended.
The details of this case were unfit for publication.
NOT GUILTY .
NEW COURT.—Friday, December 14th, 1883.
Before Mr. Recorder.
MR. MONTAGU WILLIAMS Prosecuted.
FRANCIS CHARLES, EARL OF KILMOREY . I live at Gordon House, Isleworth—in November, 1882, I was staying in Grosvenor Place, and in consequence of a message I went into the hall and saw the prisoner, who gave her name, Ada Lempriere—she said that I should not recollect her under that name, but she reminded me of Lady Daly, and said that she was a Miss Gordon, a niece of Lady Daly and the daughter of the late Colonel Gordon (Lady Daly was the wife of Sir Dominick Daly, Governor of South Australia), and that she had married a man named Lempriere, a clerk in Sir Dominick's office—I believed her, and asked her into a room—she said that she had four children, two girls and two boys, that the eldest was employed and absent in Melbourne, and the two girls were left in charge of her cousins, daughters or daughters-in-law of the late Sir Dominick Daly, and she had come to England to place the boy at school or in some institution—believing her statement I gave her 5l.—she told me she had lost some of her effects coming from Egypt, and asked me if she had a claim against the Government—I gave her a letter to Mrs. Gladstone, and one to Colonel Colville, Comptroller of the Household of the Duke of Edinburgh, and this memorandum. (Dated November, 1882, giving particulars of her history, and stating that her husband was killed by Arabs in crossing the square of Alexandria.) I wrote that from her statement and forwarded it to Colonel Colville—I read it over to her before enclosing it.
Cross-examined. I am certain I wrote that on the night you called, and not from memory—if I went to India at 4 o'clock that day you have a better memory than I have—I did not swear that you told me you brought your children from Alexandria—I first gave you two sovereigns and then three—you told me that Lady Daly was your aunt.
COLONEL WILLIAM JAMES COLVILLE . I live at 47, Chester Square, and am Comptroller of the Household of H.R.H. the Duke of Edinburgh—in November, 1882, I received a letter from Lord Kilmorey, enclosing the memorandum just read—I brought it to the notice of His Royal Highness, and the prisoner came to Clarence House and repeated to me very much the same story as is in the memorandum, that she had known His Royal Highness and Lord Newry in Australia, and had come home with one of her sons to place him in business—as Lord Kilmorey seemed so perfectly satisfied I sent her a cheque on Coutts for 15l., which was sent back endorsed "Ada Lempriere"—I received this letter from the prisoner acknowledging the receipt.
Cross-examined. I think I destroyed the letter you brought me—it was a private letter from Lord Kilmorey to me—my impression is that this was on 14th November.
SAMUEL DEERING . I am Assistant Agent-General for South Australia, 8, Victoria Chambers—from 1862 to 1868 I was clerk to the Executive Council and Aide-de-camp to Sir Dominick—I was acquainted with the persons forming the establishment—Lady Daly had no companion; she had a lady's maid, Mary Kenson, whom I knew well—I know the prisoner well; I have seen her several times at the Governor's office at Adelaide seeking pecuniary assistance in consequence of an accident to her husband—he was a guard at the Stockade, and accidentally shot himself—I remember the Duke of Edinburgh visiting Adelaide and being the guest of Sir Dominick—Lord Kilmorey was then Lord Newry, and was in attendance on His Royal Highness—the prisoner did not occupy any
position in the household—Sir Dominick died in February, 1868, and Lady Daly about three years afterwards—I knew the prisoner as Mrs. Jury—I did not know a clerk named Lempriere in the Government office—there was no such person.
Cross-examined. I used to visit at Government House—I know Lady Daly very well; I was in the house every day of my life—I did not know Mr. Jury, but I knew there was a man named Jury, a master tailor, who kept a shop—I never spoke to him in my life—I cannot say if Mr. Jury, who was killed, came to this country—I know nobody of the name of Jury—I heard the Sheriff say that Mr. Jury was a worthy respectable man, and he was your husband—the Parliament voted you 100l.—I remember Dr. Carr—I do not remember his giving an entertainment for the widows and orphans, or that there was a concert given at the Town Hall for Mrs. Jury and family.
WILLIAM READER (Police Sergeant C). On 29th November, at 9 a.m., I apprehended the prisoner coming out of Millbank Prison—I read the warrant to her, charging her with obtaining 1l. by false pretences from Mr. Sylvester—she said "I don't think it was a false pretence; I asked him for the money and he gave it to me."
The prisoner, in her defence, stated that her husband was a master mariner and had retired on a pension, and was killed in 1867, and that when she met Lord Kilmorey she was in deep mourning; that Mr. Lempriere was a gentleman, and had left her enough to keep her for life; that the Lord Chief Justice had ordered her papers in the Tichborne Trial to be given up to her; that she had claimed them seven times since 1873, and when she was going to apply again this charge was brought against her; and that after her husband was killed at Alexandria she came to England, and was here from May, 1881, to September, 1882.
GUILTY . The officer stated that her licence had been revoked, that she had been sentenced to six months' for failing to report herself, and still had one month to finish of her formersentence.— Twelve Months' Hard Labour.
MESSES. BLAOKWELL and BEARD Prosecuted; MR. HOPKINS appeared for Marsden, and MR. FRITH for Steels.
CHARLES BISHOP (Policeman E 195). On Sunday, 25th November, about 12.45 a.m., I was on duty in Rathbone Place, and saw the two prisoners loitering outside Mr. Gatty's shop—I walked round my beat, returned in 20 minutes, and saw Marsden only—I got into a doorway, and in a few minutes Marsden went up to Mr. Gatty's shop and tapped the shutters with his stick, and Steele ran out at the side door with a pair of boots in a bundle under his arm—I gave chase, and Marsden ran up to me, shoved me up against the railings, and said "You young b—, you ain't going to take him; he has not done anything, and if I had you on the b—y turf I could do you"—I called "Stop thief," but there was nobody there, and Steele escaped—I took Marsden to the station, went back, and found the house had been entered by forcing the parlour window—I knocked Mr. Gatty up—before Marsden was charged he said "I don't know what you have brought me here for."
Cross-examined by MR. FRITH. Marsden did not say that I had made
a mistake, he was simply there for a natural purpose—two gentlemen did not come up and say that I had made a mistake—Steele was taken on the Monday—I picked him out from about 15 others—there was not a detective in plain clothes standing close to him—he was not standing between a constable and detective Herbert; I don't know Herbert—Steele asked me for a bit of paper and wrote a note to his club, which I took there and left there—I saw two gentlemen there, but had no conversation with them—I do not know what was in the note—I did not say to Steele "From inquiries I have made at your club I think I must have made a mistake"—I did not say at Marlborough Street "I think I have made a mistake; I don't think there is enough evidence, and you will be discharged"—I never spoke to him—two witnesses were called on his behalf, and I saw one of them here yesterday—I saw three or four people on the road to the station, but not near the premises—it is a by street and it was deserted—mine is the only evidence as to Steele being there.
Re-examined. Marsden did not tell me why he pushed up against me and said "You shall not take him."
THOMAS EARNSHAW (Policeman C 134). I took Steele on 27th November—I said that I should take him on suspicion of being with another man in custody for a burglary in Gloucester Place last Sunday morning—he said "All right, I will go with you"—I had known him three months as a companion of Marsden's.
Cross-examined by MR. FRITH. Steele asked me at Marlborough Street on December 7 what my companion's name was and I said "Herbert"—he said "Well, he was standing on one side of me when I was identified"—I said "I believe he was; I dare say if he is called he will admit he was in the station"—Herbert is here.
HENRY GATTY . I am a baker, of 22, Rathbone place, Oxford Street—on Sunday morning, 25th November, Bishop called me up between 1 and 2 o'clock, and I found my parlour window forced open and the catch broken off—they had come in at the window and taken down a bar which I had put up at 10.50, and gone out at the side door—I only missed a pair of boots value 16s. 6d.—I have not seen them since.
GUILTY . STEELE then
PLEADED GUILTY to a conviction at Clerkenwell in September, 1882.MARSDEN*— Nine Months' Hard Labour.
STEELE*— Fifteen Months' Hard Labour.
MR. MONTAGU WILLIAMS Prosecuted; MESSRS. BLACKWELL and HOPKINS Defended.
ALEXANDER MCMILLAR . I am in the flour trade, at Holly Cottage, Isleworth—in December, 1882, the prisoner was introduced to me in Mark Lane, City—he said "I am going on first-class; I am managing a shop for Mr. Enders, of Essex Road, and allowing him 3l. a week as his share of the profits on small goods," that is pastry and tarts—he also said that he had taken premises at Mount Pleasant with a valuable agreement which he had had stamped, and had also taken a place in Drury Lane with eight years' lease to it—he said "You can serve me if you like"—I said "Very well, I will," and gave him an order for 10 sacks, which I sent to 49, Drury Lane, and they were paid for—on 17th January he ordered another 10
sacks, and sent me a cheque for the first; and on 27th January by letter 10 more sacks, but said that he could not pay me on account of his sister dying—I went to Essex Road, Mount Pleasant, and Drury Lane, and in consequence of what I found there I took these proceedings—I executed the orders believing his statements—the total value is 32l. 10s.
Cross-examined. Mr. Horton, who I have known 12 or 14 years, introduced him to me—I am not in business now—I was a baker 16 years—I parted with the first lot of goods believing that his representations were true, and he paid me with a cheque, which was met; and I sent the second lot of goods because he had acted straightforward on the first transaction, and I expected him to do so on the second—I was responsible for the flour.
FRITZ WILLIAM ENGHOLM . I am in the flour business at 37, Mark Lane—in January, 1883, the defendant came to my office, being introduced by another customer—he said that he had a shop at 49, Drury Lane, and at Essex Road, Islington, and Mount Pleasant; he gave me an order for 26l.-worth of flour, which was delivered in Drury Lane—I received a cheque from him about the middle of February, on a Saturday, and on the Tuesday he called and ordered 15 sacks and 10 bags, and took the delivery order—the cheque was returned from my bankers unpaid, and 52l. is still owing—I have only been paid the 10l. on the first order.
Cross-examined. The cheque was returned marked "Not sufficient"—he told me he had a lease of the shop in Drury Lane—I mentioned that at the police-court—I did not notice when my deposition Was read that that was omitted—my clerk went to Drury Lane, but did not see the prisoner—no one saw the shop in Mount Pleasant—I believed his word and the word of Mr. Schneider who introduced him—it was to a certain extent because I believed in Mr. Schneider that I let the prisoner have the goods—I would not have trusted him with the goods if it had not been for Mr. Schneider's introduction—I have taken civil proceedings; I got a debtor summons—he was not adjudicated bankrupt—we did not know where he was, and he was served with the summons with the greatest difficulty.
CHARLES DURANT . I am a carman in the service of Mr. Henry Dratton, of the Borough—I delivered nine sacks and eight bags of flour to the prisoner at 49, Drury Lane on 5th January—this is the receipt, but I did not get it from him.
WILLIAM JAMES STENNING . I am assistant manager to George Reid, picture dealer, of Covent Garden—in November, 1882, I advertised 49, Drury Lane to let on behalf of Mr. Reid, and the prisoner called, saw the place, and took the shop, the parlour, and the bakehouse for a branch business at 25s. a week—he paid the rent regularly for four months.
Cross-examined. We said that if he made the place pay he would not be turned out, so we gave him a memorandum which I have not seen since—a man named Summers has got it now—the prisoner called and introduced Stephens to us, and asked us to accept him at the same rent—Mr. Reid is not here.
LAVINIA MELINI . I live with my husband at 34, Red Lion Street, Clerkenwell—he is the lessee of 37, Mount Pleasant, a nine-roomed house—about a year ago the prisoner took the shop and parlour to open it as a
cook and confectioner, at 15s. a week—he was there seven, eight, or nine weeks—he paid two or three or four weeks' rent, and still owes us 2l. 17s. 6d.—we put the brokers in on 27th February, 1883—there was no written agreement.
Cross-examined. We did not sue him in the County Court—I only saw loaves in the place.
JACOB ENDERS . I am a confectioner, and live at 186, Well Street, Hackney—the prisoner was my manager at 182, Essex Road, Islington, from 1st September, 1882, and I think he left on 18th or 19th February—he had 32s. a week, with rooms, firing, and gas—he was supposed to pay me 45s. for every sack of flour which he turned into bread—he paid regularly at first—after five or six weeks I came to another arrangement with him, that he was to make the small confectionery himself and pay me 3l. a week as my profit—he paid the first month very well, and sold a large amount, but after that time he was never at home, and kept a dirty old man in the bakehouse, who spoiled everything—he was in my debt in September, and gave me an I O U for 32l.—the brokers were put in in February, 1883, to my surprise one day when I went for my money—I did not pay them—there is no pretence for saying that the premises in Essex Road were the prisoner's premises—his deficiency is 50l. or 60l. altogether.
Cross-examined. I had four shops at that time; I have two now—I have let the third, but my name is still up—I sold the one in Essex Road; the prisoner ruined that shop, and I lost about 150l.—he only paid me 12l.—he sold the bread at his own risk, and paid me 45s. a sack for the flour—I found everything he wanted, and claimed the money once a week—I never charged him with any losses—he had to pay me 45s. a week for the flour and 3l. a week for the bread—some cheesemongery firm put the brokers in.
NOT GUILTY .
MR. MCCLYMONT Prosecuted; MR. BURNIE Defended.
SIDNEY FRANK WHEELER . I am in partnership with Mr. Barker as solicitors, 5, Bell Yard, Doctors' Commons—the defendant applied to me in February for a loan of 100l. for six months—he first deposited his lease, and a mortgage was afterwards executed—the period of his loan expired on 27th August, and I issued this writ (produced) to recover the amount—this is an office copy of the judgment—on the same day or the day after, I put an execution in at 16, Southwick Street, and was met by a bill of sale—the Sheriff subsequently interpleaded—the defendant called on me several times, and on 10th October my partner entered into a certain agreement with him, but I was not present—I saw him on several occasions—he said the furniture was all there—he was trying to get us to buy it, subject to the bill of sale—a summons was afterwards issued for his attendance before a Master, and I attended the examination—I don't know the date—the defendant was sworn by the Hon. E. Romilly, and I examined him—the Master took down his statement—this is it—I asked him what had become of the furniture; he said it had been moved,
some vans came in the morning, and took it away, they came from a Miss Gunner—I said "What did you do? did you protest against it being removed?" he said "No, I put on my hat and coat and went to the City"—I said "Did you help to move any of the furniture?" he said "No"—I said "Do you know where it is?" he said "No"—I said "Do you know to whom the vans belonged which moved it?"—he said "No," but at the end of the examination I asked him again, and he said he believed the vans belonged to Mr. Shepherd, of Carnaby Street—the examination lasted an hour.
Cross-examined. A good deal of the examination was about where he lived—I suppose half an hour of the examination: was about the furniture—I don't profess to have told you all—he was not represented by any professional person—I have lost 100l. which I paid to Smith for his interest in the bill of sale, and there was interest on that and on the costs, and there was a claim for costs against the defendant—Smith was the holder of the bill of sale—we brought an action against Smith, Cornelius, and Miss Gunner—Smith has paid us 300l. since last Sessions—I have told my solicitor that I did not want the defendant to be punished more than was necessary, and I have no personal feeling against him—I thought I had bought the whole of the bill of sale—I cross-examined the defendant before the Master about all his property, but it was the furniture at 16, Southwick Street which Smith claimed on the bill of sale—I paid him 100l. in respect of that.
Re-examined. I have no vindictive feeling; I am quite willing to leave the matter to My Lord and the Jury—my inquiries were whether he could tell me where the property was, so that I could instruct the Sheriff to seize it—he said that he did not know—I then got an injunction against Cornelius and Smith dealing with the property, and in consequence of my proceedings Smith sold his claim against me.
ORIEL ALLEN BARKER . I am in partnership with Mr. Wheeler—subsequently to the judgment being recovered against the prisoner there was a conversation between Mr. Wheeler, Smith, and myself, in consequence of which I paid Smith's solicitor 100l.—the prisoner said it was only for a nominal consideration, and for a nominal consideration he would get it discharged—that was Miss Gunner's bill of sale—I afterwards went to the house and found that the goods were not there—I don't think I ever asked the prisoner where they were.
ELLEN NETTLETON . I am housemaid to Mrs. Kenedy, 1, Oxford Square, Hyde Park, which is next door to 16, Southwick Street, where the prisoner lives—on 18th September I saw him assisting in removing furniture from the house; he had his coat off; there was a van and a pair of horses—I saw another van between 8 and 9 o'clock the next morning, but the prisoner was not assisting then.
WALTER SHEPHERD . I am a carman, of 21, Carnaby Street, Regent Street—the prisoner hired a pair-horse van of mine on 18th September, to remove furniture from 16, Southwick Street—I sent a carman and an odd man, and I followed them—the van was loaded about 11 o'clock, and it went away—the prisoner assisted in bringing the goods down—I went with the van—we crossed the Edgware Road—I did not notice the name of the street we took it to, but we afterwards went back to 33, Southwick Street, and unloaded the van there; we then went back to No. 16 and got a second lot, and took that to No. 33—next night the prisoner hired the
van again to 16, Southwick Street—they were taken to Marlborough Road, Carnaby Street, and stored in a kitchen, which he had hired of me—he hired the van again on 29th September to go to Oxenham's sale-room—I took the furniture there from Marlborough Road—he gave his name as French to the owner of the goods—he hired the van time after time, and brought more furniture from Southwick Street to Marlborough Road—my man went again on the 22nd, and took the furniture from 33 to the sale-rooms, I believe—I got notice from Messrs. Wheeler and Baker that proceedings were being taken to prevent dealing with the furniture, and next day, 7th November, I think it was about 6.45, the prisoner came to remove some furniture—I said that he ought not to take the goods—he said it was not my business, he had paid his rent—he afterwards came with a man named Thwaites, and said he had made arrangements that some one was to get 100l. for the furniture and he get the furniture as well.
ELIZA ROWSELL . I am the wife of Henry Rowsell, of 33, Southwick Street—the prisoner hired a room there in September, and brought some furniture there—he took it away on 22nd October, and gave up the rooms.
WALTER WATSON . I am a carman, employed by Mr. Shepherd—on 14th September I went to 16, Southwick Street, I don't recollect the date, and saw the prisoner—he assisted me to carry out the furniture—he afterwards took away another load.
THOMAS GREEN . I am a porter in Mr. Shepherd's employment—I went to 16, Southwick Street; I don't know the date—I saw the prisoner there—he assisted in moving furniture into the van—we took it to Marlborough Road, and afterwards went to 33, Southwick Street—he assisted in moving the furniture there, and we took it to Oxenham's sale-rooms.
GUILTY .— Two Months' without Hard Labour.
THIRD COURT.—Friday, December 14th, 1883.
Before Mr. Common Serjeant.
152. JEREMIAH SHEA and EDWARD WISE , Unlawfully conspiring with other persons unknown to persuade and prevent Florrie Williams from appearing before a Magistrate, to prosecute Alfred Wise and Arthur Ash, and so to defeat the ends of justice.
MESSRS. MONTAGU WILLIAMS and PURCELL Prosecuted; MR. KEITH FRITH defended Shea, MR. BLACKWELL defended Wise.
FLORRIE WILLIAMS . I am an unfortunate girl, living at 15, Boston Place, Dorset Square—on Saturday night, the 13th October, Arthur Ash and Alfred Wise were locked up for assaulting and robbing me, and on the following Monday, the 15th, I appeared at Marylebone Police-court and gave evidence against them—they were remanded to Monday, the 22nd, and on Sunday, the 21st, I went into the Green Man in the Edgware Road about 10.30—I there saw Shea, he asked me if I was going to the Marylebone Police-court next morning; I said "Yes"—he said "You don't want to go against them"—I said I was going and he said
"You had better take some money and not go against them"—15s. was mentioned—McSheen was there, he said in Shea's presence "You had better not go against them, you won't be safe to go along the road if you do"—I made no answer—I told Shea that a gentleman named Turner had called to see me and had offered me money not to go against them—Shea said Wise's father would not give a halfpenny towards it—he said "You had better meet me to-morrow morning at the Pump public-house in Paul Street," and he would give me the money—I and Crosbie, a young woman, and Mrs. Nelson, went to the Pump public-house—about a quarter of an hour after we got there Shea came in and five minutes after that Wise came in—we had nothing to drink—Shea told us to go round to the Carpenters' Arms—he was there when we went in—Shea, Wise, Ellen Crosbie, Mrs. Nelson, and I, went there—Shea gave me a drink and told us to go to the coffee-shop and have some breakfast—after breakfast, which I think Shea paid for, I said to Shea, "I am going to the Court"—he said "You had better not go, you had better have another drink and go round to the Portman's Aims"—Wise heard that—when we got inside the Portman's Arms he said he had 10s. to give me—we were all there—I said I should not take it, I should not take less than 15s., I was going to the Court—he said he would go and get another 5s.—he did not give me the 10s.—he left us four in the public-house and went away—I said to Wise that I thought it was very funny that Shea should give me the money—I wondered why Wise's brother did not give it to me—he said it did not make much difference—I, Ellen Crosbie, and Mrs. Nelson went out before Shea came back, and we went down the Edgware Road towards the Court—after we had gone a little way another man came up and said something to me and I went with him into the Olive Branch—Wise came in, I said I was going towards the Court, he said "You had better not go, you had better wait till Shea comes back with the 5s."—I, Mrs. Nelson, and Mrs. Crosbie then left the public-house, and I and Mrs. Crosbie, leaving Mrs. Nelson at the corner of Stratford Street, went into the waiting room of the Edgware Road station—that was on the way to the Court—we were in the waiting-room about seven or eight minutes—when we came out we met Mrs. Nelson and Shea—Shea offered me 12s. 6d. he said he could not get the other 2s. 6d., and "You had better take this and not go"—he told me to go and have another drink at the Rose and Crown—I, Mrs. Crosbie, Mrs. Nelson, Shea, and Wise were there, and there I took the 12s. 6d.—Shea said he had just seen Wise's father at the Court—we remained in the public-house some time, and after about an hour Wise left, saying he was going to the Court to see if his brother got off—I, the two women, and Shea, left the Rose and Crown about half-past 3 and went to the Olive Branch—I ought to have been at the police-court at 11 in the morning—Shea said his brother did not get off, and that he hadn't done any good by giving the money to me—I did not appear at the police-court on that Monday—on the following Monday, the 29th, the police came to me, and in consequence I went up on the following Monday, and Ash and Wise were then committed for trial—I told my story to the Magistrate and a summons was issued against the prisoners for this offence.
Cross-examined by MR. FRITH. I was twenty-two last April and have been on the town about six months—I did not say on the last occasion when I was examined that I had been two or three years—I charged Ash
and Wise on the 14th October I think with having knocked me down and rendered me senseless and robbed me of a purse and 8s. 6d.—I called out police—I said at the police-station I hoped I should not be charged myself—I heard the police say that I had been drinking—I did not drink with the policeman before I gave my evidence at the police-court, afterwards I did—I had a drink after we had been to the Treasury, not before. (The cross-examination of the witness on the trial of Ash and Wise was here read by the shorthand writer.) I gave evidence against them here, they were acquitted—whilst they were under remand I said some others were interfering with me, not the prisoners—I went with Theobald and Mrs. Nelson and Mrs. Crosbie to the Treasury—Theobald took me into a public-house after we had been to the Treasury and treated us to drink—Buck treated me first, before they were committed for trial—I don't recollect if Theobald said on the last occasion here that he had treated us afterwards—I heard Mrs. Nelson say she was treated afterwards—I don't recollect hearing her say at the police-court that Theobald had treated us to drink before we went in—I was not in the police-court on the last occasion—I did not hear her say "I wish to make an alteration in my statement, I wish to correct my evidence given on the last occasion"—the case of Wise and Shea was adjourned for a fortnight, during which Ash and Wise were tried here, and Theobald gave evidence—I heard him say he had not treated the women more than once, and that was after they had given their evidence at the Treasury—after he had said that here, this case came on at the Marylebone Police-court—I do not know if Mrs. Nelson then got into the box and said she wished to make an alteration in her evidence—Wise and Ash called witnesses to character on the last occasion—I heard something stated about my taking them down there for an immoral purpose and cheating them out of their money, and that there was no foundation for a charge of robbery, and I think the Jury were asked not to believe me—on the Sunday night, in the Green Man, Shea asked me if I was going to the Marylebone Police-court or going to-morrow morning—I said at the police-court I could not remember if he used the words "to the Court"—he first said he would give me 15s., and if they got off he would give me 30s.—I positively swear 15s. was the first sum mentioned—the coffee-shop was opposite the Baldwin Arms—I have never been there before—I don't know that anybody from there is here to prove we went there—when we had had breakfast Shea offered me 10s.—he had offered me 15s. first in the Green Man—although I took the 12s. 6d. at the Rose and Crown I have given true evidence against the prisoners—Mrs. Nelson and Ellen Crosbie, besides Wise, Shea, and myself, were present when the 12s. 6d. was parted with—no one else was there—I swear Peter Shelley was not there—I saw him on the Sunday night—he had some coffee with me—I did not say in his presence "I want to get some money out of these if I can, because I have got their brother in custody"—I have known Shelley about three months—I have not spoken to him since this case has been on—I used to meet and drink with him occasionally up to that time—I had no quarrel with him—I did not in Shelley's presence go over and ask Shea and Wise for money—they did not say "You will get no money out of us, however often you ask"—Shelley came to my room next morning—Ellen Crosbie sleeps in the room with me—I had not a man in bed with me—there was a man in bed, I believe
he was a policeman, he had nothing to do with me or with this case, he was a friend of Crosbie—I was sleeping with Ellen Crosbie then—I had not been to bed—I had been staying with a friend and came home late and did not go to bed at all, I stopped up all night—Shelley waited while I washed myself and then we went over to the Pump to have a drink and there met Shea and Wise—Shelley was present when I spoke to them in the Pump, I dare say he heard what was said—I don't recollect seeing Shelley on the same Monday night, I won't swear I did not—Shelley came upstairs to Ellen Crosbie's room on the Monday after the remand, and after I received money I saw him there—I did not say "I could not get a d—d farthing from them"—I know Pottinger by sight, not by name—he and Summers came in the Rose and Crown and drank on Monday afternoon after the money was paid—they were not present when I had the money—I will swear that man did not go to the Rose and Crown with me, remain there, and take part in the conversation—I did not know him before—I have not asked these young fellows for money, they have not refused it, and I have not said if they did not give it I would make it hot with my friends the policemen—we did not all leave the Rose and Crown together, only we three women were left—Pottinger and Summers had come out—I swear they did not go in with us—when the money was passed no one was present but Nelson, Crosbie, and the prisoners—I have known Mrs. Nelson three or four months, I always thought she was married—I said at the police-court she was a respectable married woman and then I said she was an unfortunate—she still associates with me and Crosbie—she has drunk with us at Crosbie's house, not at various public-houses—I have drunk with her several times since—Summers came into the Rose' and Crown after we were there—I swear he had not been in other public-houses with us—after we came out he went to the Olive Branch with us—Shelley was in the Carpenters' Arms—I believe he was near enough to hear what was said—he was near enough to hear what was said in the Olive Branch also—Mrs. Nelson is not an unfortunate now—she and Crosbie knew what the 12s. 6d. was paid for—we did not spend any of the money together—I asked for change of 1s. in coppers in the Rose and Crown—I did not spend any of the money—I don't recollect saying before the Magistrate I spent some of the money with them"—I have not demanded money from the prisoners or their friends to square the case, or threatened to make it very hot for them if they didn't—I did not make it very hot for them—I know Brooks by sight—I swear he has not been present when I have demanded money to square the case—I never said that if I had money I would not go against Wise and Ash—I am sure of it—I don't recollect saying in my deposition that "I might have said that if I had money I would not go against them"—I might have said it—I said just now I could not have said so because I did not think it had been written down—I knew they wrote down every word I said—I have not drunk with Brooks in the Green Man—I have never said in his presence that if I did not get money I would go up—nothing of the kind ever occurred—the prisoners had not said in his or Summers's presence "You will not get a farthing from us"—Crosbie's young man, the policeman, was not there part of the time—he is not here—I do not know his name—he is a friend of hers and has nothing to do with me—she and I lived in the same room then and had done so for a fortnight—he visited her once—that
was not after I had made this charge—it was after Buck had treated me to drink and before Theobald did so—I believe he was a stranger to Crosbie until she saw him that night—I did not inquire his name.
Cross-examined by MR. BLACKWELL. I don't recollect telling you when you cross-examined me last time that I had not received money to square this case—I told you Mr. Turner had offered me money; I said I had not made up my mind—I do not occasionally have a police visitor—I had a drink with Buck—I swear I never have had a visit from a policeman—Mr. Buck came to see me; he said Inspector Theobald sent him; no conviviality took place—he told me to go to Theobald and see him—he gave me a drink on that occasion—I did not offer him whisky—we had to wait an hour at the Court, and I had a drink with Buck then—that was a different occasion to when he came to my house in the evening—I was not in Court when he said I offered him whisky—I did not offer him any—after I had stayed away from the Court on the Monday I went to the three public-houses—Buck came and wanted to know why I did not appear at the Court—I said I had taken some money—I had told Buck Mr. Turner had offered me money—that was not before Shea gave me the money—Wise did not give me any money—I said to Wise "Why don't you give me the money?"—I might have refused it if he had offered it to me—Wise did not say "You had better not go to the Court; you had beter wait"—he told Peter Shelley to say I had better wait till Shea came back—I can give no reason why I did not say that at the police-court—Wise must have said so, because Shelley would not have come and said it himself.
Re-examined. I was a tie-maker before I became an unfortunate—I spent the whole of the 12s. 6d. with Mrs. Nelson and Ellen Crosbie at one time at a linendraper's shop in the Edgware Road.
ELLEN CROSBIE . I live at Paul Street, Marylebone, and am an unfortunate—Florrie Williams slept with me on this Sunday night, 21st October—next morning we left the house between 9 and 9.30, and went to the Pump—Wise and Shea came in—we went from there to the Carpenters' Arms with the prisoners, and then to a coffee-shop, and from there to the Portman Arms—then we went to the Olive Branch, still with the two prisoners—from there we want to the Rose and Crown, where Shea gave Williams the 12s. 6d. in my presence, saying, "There you are"—she said "Why cannot Mr. Wise give it to me?"—he said he could give it to Mr. Wise and he could give it to her, it would be all the same—she took it—I had heard nothing said before that by Wise about money—after that Wise left the house, saying he was going to the Court to hear how the prisoners got on—I don't remember anything being said before that about the prisoners—the prisoners were Wise and Ash, I suppose—he did not mention their names—Wise did not come back while I was there—we all went back to the Olive Branch, and then Shea went out, saying he was going to see how they got on, and told us they were remanded for another week—he said to Williams it was no use giving her money.
Cross-examined by MR. FRITH. I have known Williams about four months—she lived with me about a fortnight or a little more—she and a policeman slept with me on the Sunday night—I don't know the policeman's name or his number—he had never been to my place before—that was the second
time I had seen him—he told me he was a policeman—I did not ask his division—he was not in uniform—it was not Buck; I know Buck now, I did not then—I was not present when he gave Williams a drink—I have not had a drink with him—I had one with Theobald after we came out from the Treasury—after she had got the 12s. 6d. Williams went and bought herself some clothing at a shop in the Edgware Road—I don't know the name—I did not share it nor Mrs. Nelson—I do not know Brooks or Pottinger—I have seen Brooks—he has never been in a public-house with me—I swear he was never present when I and Williams were in a public-house with Shea and Wise—I know Peter Shelley—he was present when I and Williams were with Shea and Wise in a public-house on Monday morning—I swear he was not in the Rose and Crown when the money was paid—I never had any conversation with him about this matter—I have seen Pottinger—he was in the public-house with Shea and Wise and Williams after the money had been given—I had no conversation with him—he was near enough to hear what was said—Summers was in the Rose and Crown after the money was given—I remember Shelley coming to my room—I have known him about 10 months—he was a friend of mine at one time—we were not in bed when he came; we were up—I had been in bed with the constable—Williams was sleeping in the room, but on the floor—I did not swear just now we all slept in the bed—Theobald was in the room when I made a statement at the Treasury.
Cross-examined by MR. BLACKWELL. Wise took no part in giving the money.
Re-examined. I came home with, the policeman—Williams came home later in the morning—I was in bed with the policeman, and Williams had some things and slept on the floor.
MIRIAM BURGESS . I am living with a Mr. Nelson and I go by his name—I went to the Pump on the Monday and found Shea and another gentleman, and Crosbie and Williams there—Wise came in before we left—from the Pump we went to the Carpenters' Arms, then to the coffee shop, the Portman Arms, to the Rose and Crown, and then to the Olive Branch—I don't remember whether we went to the Rose and Crown or Olive Branch first—we were all at the Rose and Crown—I can't say whether the prisoners went with us or after us—we had drink there, and the 12s. 6d. was given to Williams by Shea—I don't think anything was said—we had drink after that, and Wise went away saying he was going to see how the others were getting on; he did not mention their names, but I know he meant Wise and Ash, I had heard about the case previously—he did not come back—Shea afterwards came back to the Olive Branch and said they were remanded for a week—Williams was there then—I don't think he said anything to her.
Cross-examined by MR. FRITH. A constable took me to the Treasury—Theobald joined me there afterwards and was present when I gave my information—he went with me afterwards and gave me a drink—I said at the police-court "Theobald stood me a glass of ale before we went in"—I made a mistake, it was when we came out—when I said that, Wise and Ash had not been tried—Theobald swore that he had only treated me once, and that after we had gone in, and on the next occasion after the inspector had given evidence here I came forward before the Magistrate and said I
wished to correct my evidence given on the last occasion; that Theobald did not pay for any drink before we went in, but after we came out—I had not seen Theobald before making that statement—nobody had told me I had better make it—I did not hear Williams examined here, nor did she tell me what Theobald had sworn—I will swear I did not say at the police-court that he had said it was rather dangerous for me, that I had been taking part in something unlawful—he did not say anything of the kind—I cannot swear he did not, I cannot remember—I knew what the money was paid for—we had some drink after the money was paid—I don't know if Williams stood it, I don't know who did—we went to a jacket and ulster shop in the Edgware Road after the money was paid; nowhere else—I have known Williams about two months—I told her I was married, I didn't want any one to know I was living with a man—I know Buck—I don't know a policeman, a friend of Crosbie's—no policeman in this case had treated me to drink—I have had several friends policemen—they are not in the same division as Buck, and do not know him—I knew Williams before Ash and Wise's case began—I associate with her still.
Cross-examined by MR. BLACKWELL. All I can say of Wise is, he came in the public-house on the day of the hearing and went out—I 'said at the police-court "Theobald treated me before and after I went into the Treasury"—no one treated me before I went in—I don't remember whether I had any conversation with anybody between the first occasion when I said Theobald treated me and Wise—my evidence was read over, and I signed it, and Afterwards I said I had made a mistake on that point.
Re-examined. I corrected it when I went down the second time, the time after I had heard it read—I knew what the money was paid for, not from anything that either man said, I had read the case in the paper.
Witnesses for the Defence.
PETER SHELLEY . On the Sunday night before Wise and Ash's case came on on the remand I met Williams—we had some coffee together at a stall in the Edgware Road—she said she had Shea's brother up, and wanted to get all the money she could out of them—Shea and Wise came up, and she went and asked them for money; they refused—she asked them again; they refused—she asked them to meet her next morning at her house; they did not say whether they would or not—then she asked me whether I would go round the next morning to see how they got on—I said I did not know—I went round to her room next morning, and they were not dressed—a policeman had been sleeping between them the whole night—they told me he was a policeman, and they had all been sleeping together—Crosbie and the policeman were in bed then—I waited till the prosecutrix dressed, and she and Crosbie and the policeman and I went down to the Pump—the policeman paid for a drink, and we met Shea and Wise there—we went to the Carpenters' Arms and had a drink there, and to the coffee-shop and had some breakfast at my expense—then we went to the Portman Arms and to the Olive Branch; there we stopped for some considerable time—then we came to the corner of Bell Street and met two other gentlemen, and I left them all there—during the time we were at the different public-houses Williams was asking them for money—they refused and told her to go to h—once—they
did not say they would give her 10s. and 2s. 6d.; they refused at all the public-houses and at the coffee-shop—I am a boot and shoe maker at Jones and Turner's, Edgware Road—I saw Williams the next night about 8 o'clock—she told me she did not get a b—halfpenny from them—I went up to her room—I was not in the Rose and Crown.
Cross-examined. I had known her previous to the Sunday night—Ash and Wise and Shea were strangers to me—I was alone with her on the Sunday night when she asked Wise and Shea for money—I went up to her room next morning, as she asked me—Wise and Shea came into the Pump after us—I do not know if the Pump is the nearest public-house To Williams's—they were asked again for money and said, "Go to h—"—at the next public-house when she asked they refused—the two men went into four public-houses with the woman who was asking for money—I asked them to have a drink, and the girls kept asking for drinks—Wise and Shea were very angry and indignant at being asked for money—they did not treat the girls—I treated them and Wise and Shea—I forced Wise and Shea to have it and to come to the four public-houses—since the matter was at the police-court I have seen no friends of the prisoners—I come here without having been communicated with by anybody—Shea told me he was summoned for giving the girl money—I said, "I did not see you give any money," and I gave him my card—I was at the police-court; the Counsel did not call me—Shea is a stranger to me, I met him by accident in the Edgware Road—I have been here all the week, I was subpoenaed to come.
Re-examined. I am out of pocket; I make 7s. a day—Williams followed us to four public-houses, and they complained of her following and pestering for money—I asked Shea and Wise to have a drink, and she poked her nose in, and I had to treat her as well—I had known Williams for months—we had had no quarrel—the others were comparative strangers—on my oath I have told the truth now.
WILLIAM CHARLES SUMMERS . I am an omnibus conductor of the Camden Town Omnibus Association—I attend here on subpoena, losing a day's work—I know Shea and Wise and Pottinger—I and Pottinger met Shea, Wise, Shelley, Williams, and two other girls on a Monday in November I think it was—it was the same day as a prize-fight was going on at Newmarket; it was the 22nd—I don't know whether of October or November—I do not know Wise and Ash, or whether it was the day they were coming up on remand—we all went into the Olive Branch and had a drink—Williams said to them both "How about this 15s.?"—they said "You can't have no 15s."—we came out and turned down Chapel Street, and the three young ladies went to the cloak-room of the Metropolitan Railway Station, and said they would not be a minute, and they came back from there and went through Burne Street into the Rose and Crown; that was about I o'clock—we stopped there one hour and a half, and had several drinks—there were Wise, Shea, Pottinger, myself, and the three girls—she said to them both "Can I have this 15s.? you had better pay me this 15s."—they both said "You can't have no 15s. off us"—a pianoorgan came, and they began dancing—no money passed—I was close to them in the same compartment—I must have seen what took place—we all left together—the girls went to the waiting-room again—Shea did not take out 12s. 6d. and give it to Williams, and say "Take this" during
the time I was there—we went back to the Olive Branch—she said there "You had better give me this 15s."—he said "You can't have a penny"—when we got outside she said "The old man ought to have given me two quid, and then I could have got away to Chatham, and nobody would have known where I was"—I knew her about the road—I know nothing against either of the prisoners.
Cross-examined. They did not seem particularly angry at being asked for money—they did not tell the girl to go to h—to my knowledge—Shelley was in the Olive Branch the first time, and left when we went to the Rose and Crown—I think Pottinger paid for a drink at the Olive Branch—we only had one there, I think; Shelley might have paid for some, I won't be sure—Wise and Shea did not say at the Rose and Crown "We are not going to give you any money; we will give you in charge if you follow us about"—they went quietly from the public-house, and the girls followed them—I was with the girls and Wise and Shea on this day from 12 till 4 o'clock about—all that time the girls were pestering for money, and the men refusing, or if not pestering, they asked once or twice for money.
Re-examined. I heard the men say they must be off, they could not be bothered—the girls followed them to have drink.
The JURY here stated that they wished to stop the case, and returned a verdict of
NOT GUILTY .
OLD COURT.—Saturday, December 15th, 1883.
Before Mr. Justice Smith.
MESSRS. F.H. LEWIS, MONTAGU WILLIAMS, and LE BRETON Prosecuted;
MR. LOCKWOOD, Q.C., Defended.
ROBERT HUNTER MCBRIDE . I carry on business at Maritime Chambers, Newcastle-on-Tyne, and am managing owner of the steamship Denia, sailing under the British flag—the prisoner entered my service in 1882, and from that time he had command of the Denia—this (produced) is the charter-party, dated 18th June, 1883, between J. Hermer and myself, the passage being from Libau to London, ship to be ready on 20th July to carry oats and other grain in bulk—he left Newcastle for Libau in the beginning of July—it was his duty to sign bills of lading—he carried a copy of the charter-party—when he was at Libau I received from him a draft for 500l., drawn by Zimmerman and Co., on 23rd July, 1883, on demand to order of R.H. McBride, value received—I cannot read the acceptance—there was no letter in the envelope, but the direction was in the prisoner's writing—I subsequently received this letter. (This stated: "The 500l. I sent you from Libau was cash I wish you to take care of for me, &c." Signed, "J. Hosseason.") I came up to London and saw the prisoner at the end of August—I asked him what he meant by signing those bills of lading and getting himself into such trouble, and what he meant by signing clean bills of lading—he said that he had got into the hands of the Jews—I told him he was a stupid fellow getting himself and everybody into such trouble, and dismissed him from the command of the
ship—I asked him what he meant by sending me the 500l.; he said it was Russian money belonging to his brother-in-law, which he wished to change into English money—I asked him who his brother-in-law was; he said Mr. Garston, of North Shields, and I believe he said he was a captain—the ship was insured for 12,000l.—the prisoner has never applied for the 500l.—I produce the mate's log of the vessel and 17 bills of lading signed by the prisoner, which came back through the mate—the prisoner never delivered me any bill of lading in reference to 1,050 bags of clover.
Cross-examined. The prisoner has sailed for me about 18 months—he has always been master of the Denia—I entered personally into the charter with Hermer of Libau—I think the prisoner was at sea at that time, but I think he told me he had known Hermer at Odessa some years ago—I did not know Hermer before—I have not been to Libau—I do not know Hermer and Dresler of London—I do not think the prisoner speaks German—the Denia sailed from the Tyne, not from Hull—she carried chemical manure in bags and coal—everything was right and proper—I have had no reason to complain of the prisoner—a great deal of money passes through the hands of captains—the prisoner told me his brother-in-law at North Shields was a ship's captain—captains are sometimes in the habit of taking out parcels for stevedores—I have a running account with the prisoner, and there is a balance of wages due to him now which has not been struck, irrespective of the 500l.—he owns a 64th—he has been part owner from the commencement—a captain's duty is to see that he has got enough on board for freight—I have been part owner since April, 1882, and had experience of shipping business before that—the captain should not sign bills of lading for inferior quality without stating it on the bill of lading—he would put "Quantity and quality unknown," not "Inferior quality"—I cannot say that he could decline to sign bills of lading when presented under this charter, providing he puts in the proviso—if the charterer refuses to put it in, then he might have signed it under a protest before a notary at Libau.
Re-examined. The signature on the whole of these bills of lading is the prisoner's.
JOHN BRIGGS WATSON . I am in the secretary's department at Lloyd's—I produce three policies of insurance of the steamship Denia for goods shipped on board, dated 24th and 25th July, 1883—Tiffing is the broker's name. (There were for 7,000l. on clover seed, 28,000l. on bristles, and 1,200l. on feathers).
GEORGE FORBES . I joined the Denia as mate on 4th June, 1883—the prisoner was captain—my first voyage was to Stockholm and back—on 7th July the Denia left the Tyne for Libau with a cargo of coals and super-phosphate—we arrived on 14th July, and remained until the 25th—on 17th July I had a conversation with the prisoner, who told me he was going to take in a general cargo for London—on 21st July they commenced to take in cargo from the warehouse of Hermer and Co., in bags, which were emptied into the hold—the first lot was linseed, and I told the defendant it was rubbish—it was not all linseed, but a mixture of different sorts of stuff—the prisoner said he could not help it, and he must take it as he got it—I asked three shippers who were looking at the cargo being taken on board whether they called it linseed, and they said "Yes"—there were about 3,777 quarters of the linseed by the bill of lading I got in London, and the last twenty bags or so contained good linseed—they were put in the forward hatch; they filled the square of the hatch up to
the top—the next thing brought on board was casks of bristles, and next day feathers—when I had tallied 56 bags the prisoner told me to stop, as the bills of lading were all signed—it was the usual custom for shippers to bring duplicate receipts, one of which I sign and give to the merchants, and keep the other—the cargo was completed on the 25th, but as there still remained a space unfilled in the hold I asked the prisoner whether he was going to sea with that space, and he said he was to be paid 60l. for it, as the shippers had no cargo to fill it up—the vessel left Libau on 25th July, and on the 28th we were steering at the entrance to the Kattegat, with the Skaw lightship seven miles ahead—before 8 p.m. the prisoner came from the chart-room—the ship was then heading north-north-west half west—he told the helmsman to starboard, the effect of which order would be that the ship was steering right on to the land—the helmsman obeyed the order, and the captain told him to steady her; that would keep her head there—she was kept on that course for 15 or 20 minutes, and if she had been kept in that direction 15 or 20 minutes longer she would have gone ashore—I asked the captain whether he knew he was putting the ship ashore, and he said "Who is?" I said "You are"—he said "There is no fear"—he was intoxicated—I ordered the helmsman to port, the effect of which was that the ship kept out to sea—the captain went to the chart-room again, and at 10.10 we rounded the Skaw light; that is a fixed light on the land, and there is a lightship two miles out from the lighthouse—at 12.10 the engineer reported to me that the shaft had broken—I told the captain, who said "Let her go to hell"—a steamer was passing, and I threw up a rocket—the Danish captain of the steamer Nordcap came under the stern, and I asked him how much he would tow us for; the captain replied 1,000l., and the prisoner said he might go to hell—the prisoner went to the chart-room, and I asked him whether he would allow me to make an agreement with the Danish captain; he said no, he was quite fit to do it himself—he went aft, and some arrangement was made—he afterwards told me to open the hatches and chuck the b—cargo overboard—I said "The ship is 10 or 12 miles from land;" he said "Never mind, do it, I am working for your interests"—I have been at sea 17 years—the ship was not in danger at the time, and there was no necessity for throwing the cargo overboard—she was towed to Gothenburg, and in order to get the shaft repaired we discharged some of the cargo into two lighters lying alongside, but it was carefully tallied and replaced in the vessel as it left, and it was sealed down—Captain Cooper came from Lloyd's before the shaft was finished, and in consequence of what had transpired some samples of the cargo were taken ashore at Gottenburg—we were there 25 days—I came with the ship to the Millwall Docks—after the ship arrived 42 quarters of linseed were taken by the consignees from the fore hatch, and they refused to take any more—while unloading, the prisoner, who had been ashore, asked me how we were getting on; I said "Very badly, as they have stopped taking cargo"—he asked the reason; I said "Because it is a swindle from beginning to end"—I had the bills of lading in my pocket, and he had signed them all "clean," and had antedated some of them—he said he was bound to sign the bills of lading "clean" by a clause in the charter-party; I said "I do not think so"—he took me down in the cabin and read the clause to me, and said "Let them go to hell, they
can't hang us;" I said "It is very near"—I told him that there were 14 bales of feathers short, and that the things were rotten and full of vermin when they came in, and that there were maggots in the feathers—Mr. McBride discharged the prisoner the next day, and I have had charge of the ship ever since.
Cross-examined by MR. LOCKYER. I knew Herber, of Libau, by sight when we were there, but not before—I saw a man who was interested in the shipping of the cargo, but I did not know that it was him—there were several other ships there up and down the quay, but not at that warehouse—we used the Kattegat chart; this is the same (produced), but it is not the one we used—I was chief officer on the homeward voyage, and William Hosseason, a foster-brother of the prisoner, was second mate—I kept one watch and he kept the other—sometimes the captain came during my watch and sometimes during his—we came home by way of Elsinore—I had a master's certificate, and the second mate said that he had a second-mate's certificate—there is a headland called Falsten borough, which we rounded before we came to Elsinore, coming down from the Baltic—it is dangerous navigation there, and I have known ships go ashore there—I have not gone ashore there, but I have at Dragor; that is where we take pilots—I was on deck on 26th July, at 10 p.m., when we were rounding Falstenborough—as you sail from Elsinore you pass Anholt—the navigation is not at all dangerous after passing Elsinore; you go about a mile from the lightship—the navigation is not difficult there, there is plenty of room—there are rocks, and you go near them—these places are on the port side, but you leave Falstenborough on your starboard side—I should come on at 6 o'clock; that is the dogwatch—we parsed Anholt at noon—I should be on deck then, but it is according to whether it was a few minutes before or after—I came on at 6 o'clock; my watch terminated at 8 o'clock, and my last watch, was 12 till 4 o'clock—if we passed Anholt at 12 o'clock it would not be my watch but William Hosseason's—it was clear—we passed Trinland at 6.25 p.m.; that is, I think, 27 nautical miles from the Skaw lightship—the Denia was sailing four or five knots an hour, it might be five or six—we had a strong north-east breeze; that was on our starboard beam; it was a heavy heading sea—my watch was over at 8 o'clock, but I did not go below till 11.35—the captain gave me an order to change the course of the ship about 7.45, we were then 7 or 8 miles from the Skaw—we had not gone 21 miles from Trinland in that time—I must have made a mistake, it must have been later—this is my writing in the log—she must have been going faster than four or five miles an hour—I have not changed to make my evidence agree with what I have said before; I am only telling the truth—I say now she was going five or six knots—she was within 10 miles of the Skaw when the captain first deviated the course—we rounded the Skaw at 10.10 the same night—we ran on the deviated course for a quarter of an hour or 20 minutes; till about 8 o'clock—the ship was six or seven miles from the Skaw lightship when I put her on her proper course; that was at 8 o'clock—we rounded the Skaw at 10.10—we must have been going slowly to have occupied two hours and 10 minutes in going 10 miles—I do not know whether she was going slower, but she must have been—she was going more ahead—I do not think a pilot was assisting; I never
got a pilot there—it is a sandy beach there—supposing she had been run dead on shore she would have taken the ground about half a mile from the shore if the tide was up—she was only drawing 15 feet—I cannot say whether there is a lifeboat station at Albeg, there are two lights there—when the captain first deviated the course we had the floating light on our starboard bow—we had not seen it so long as an hour; I don't know, about half an hour—I saw it when the course was altered—when the sun set was the proper time to see the lights—the sun had set at 7.30, and it was pretty well dark—the lights were lit, and that was a proof that the sun had set—I won't swear that the lights were lit on the Skaw lightship before 8 o'clock that night—I don't know that according to the register the lightships were lighted on 28th July at 8.56 and 8.54 p.m.—you can see the Skaw 10 miles off; that is my practical experience—you can see the lighthouse about 14 miles off; it is not a flashing light, but a fixed bright light—after the captain had deviated the course I put her on it again—it is right in some cases to enter deviations in the log book, but I did not do it in this case—I made no mention in the log of this attempt to cast away the ship—when I got to Gottenburg I saw Captain Cooper, of Lloyd's, but I did not mention it to him—he sailed home in the Denia, and I told him the course was altered, but I never made the suggestion that it was done to cast away the ship—I did not know what the captain's intentions were; I had no suspicion—there were two steamers two or three miles ahead of us; we were going at right angles to them—they were going round the Skaw—they were four or five miles ahead of us at Trinland; they were sailing in company—we could not come to terms with the Nordcap—it was said it would be settled by arbitration, that is, a valuation of the cargo would be made—our small boat did not go to the Nordcap; they came to us close alongside; that was between 1 and 2 o'clock in the morning—the small boat came backwards and forwards; they were lying-to about half an hour—the prisoner gave no orders to do anything except throw the cargo overboard, and I said if he wanted to do so he had better do it himself; it was not done—the hatches were never opened—I made a deposition at Gottenburg; I forget what I said—I do not think I said anything about Captain Hosseason attempting to jetsam any part of the cargo—I told the chief engineer directly afterwards, Robert Slater—I told Mr. McBride about the master intending to run the ship ashore—I didn't tell him it was to make some erratic movement like we had had before—I got command of the Denia on 31st August, I think, when Captain Hosseason was dismissed—the loading commenced on the 21st; the log says so—I did not have the log when I was examined before the Magistrate; I did not then swear that the lading commenced on the 23rd July—I had not the log before me then; I did swear so, but I made a mistake—it has been pointed out to me that the bills of lading were on the 20th—I said before the Magistrate that the captain had been sending bills of loading commenced, and I thought so—the linseed was not laden in bags; it was weighed and put in the hold in bulk—I was told to stop after the 51 bales, but there were 84 shipped altogether—she could have carried more cargo—she was drawing 15.8 and 14.2—there was a bar there—I do not know whether she could have cleared it if she had had more cargo—she was drawing about 16 feet on the outward voyage, and she could not have cleared the bar—there is not much tide at Libau; it is the winds which send up
high tides—I remember the captain taking out some packages to Carl E. Bernard, I believe his name is—he is a stevedore at Libau—I saw him with the captain; he is a friend of his, and he discharged the cargo—what I believe to be Hermer's is a large, fine warehouse, and there are clerks and a substantial-looking business.
Re-examined. When I am not on the watch I am sometimes about the ship—there are rocks and sands near the Skaw, and where there are rocks and sands it is more dangerous to life than simple sand—there was no reason whatever, in my opinion, for ordering the helmsman to alter the course—we were steering straight towards the lightship—I did not say the prisoner was sober; I said as far as I know; he spoke sober; I said so because I tried to hide his fault—as to the hour when the course was altered it is guesswork, but the lights were, lit—it was after I came to London that I heard about the 500l. being deposited with Mr. McBride—I did not know it when I said I had no suspicion of the master running the vessel on shore—I begun to suspect something then.
TRULS JANSEN . I am a Swede—I joined the Denia on 7th July this year—I sailed as steersman—before the shaft broke the captain told me to starboard the helm—I obeyed and he told me to steady the ship—she was in the direction of land—I could see the Skaw light then; it was lighted—after the word "Steady" was given we continued sailing in the direction of land about a quarter of an hour—I heard the mate's order to port and obeyed it.
Cross-examined. My watch was over at 8 o'clock and I went below—it was between 7.30 and 8 o'clock when the captain told me to starboard the helm—I am not sure of the exact time—I should go to the helm at 6 o'clock and be there at 6.25—I did not see the Trinland light lighted that night; it would be lighted before 8 o'clock—it was getting dark when I saw the Skaw lightship; you could not see the land, only the light.
ROBERT SLATER . I joined the Denia as chief engineer, and went on a voyage to Stockholm and then to Libau—I saw the cargo put on board; it was not linseed, it was dirt and seed mixed—on 28th July, when we were nearing the Skaw light, I went on deck, and the ship's head was pointing towards the land—I could see that by the light—I did not hear the mate say anything to the man at the helm, but the ship's course was altered after that to her right course—the shaft broke the same night, and I reported it to the mate and the captain—I told the captain the ship was disabled; he said "Oh, let it go to hell!"—in my opinion he was intoxicated—a Danish steamer came up and an officer came on board, and the captain said to him "Go to hell out of that"—on the same night, after we broke down and before we were in tow, the mate told me that the captain wanted him to chuck the cargo overboard—when the captain left the ship in London he wished me good-bye and said "This is a bad job"—I said "This is a swindle"—he either said "They can't hang us" or "It is no hanging matter"—he once told me that he could get a cargo at any time from Hermer's people, and that he had had a present of 50l. from Hermer, but not Hermer of Libau—I think it was the father of one of the Hermers.
Cross-examined. I know that captains get gratuities—I came on deck on the night of the 28th about 20 minutes or a quarter to 8 by the clock on the ship—I do not know whether that clock had been set at Elsinore—we had been coaling there—I don't know the course well there, but I know
very well when I see the land whether she is right or wrong—I saw the two steamers that were on the same course as the Denia; they were about a mile and a half from us when I came up—we were then on the altered course, going away from them.
HENRY DRESLER . I am in partnership with Mr. Hermer, at 36, Mark Lane, who I believe is a half-brother of J.G. Hermer, of Libau—we knew from them of the chartering of the Denia—they gave us notice of the cargo that was to be sent by her, bristles, feathers, and grain—I had a clerk who knew them as very respectable people, but I did not know them as dealing in feathers, grain, or bristles—on 25th July we received a telegram, and afterwards a letter confirming it, in consequence of which we insured this cargo, the bristles for 28,000l., the feathers for 1,200l., and the clover seed for 7,000l.—we also received alleged samples of the cargo—we received a cask of genuine bristles, which was sold to Hertz—we had communications in writing with regard to that sample, as to where it came from—the first letter was on May 14th, and they went on to July 24th. (MR. LOCKWOOD objected to this evidence, and also to the admission of the telegram, there being no suggestion in the Indictment that the prisoner conspired with Hermer. MR. WILLIAMS contended that the words in the indictment "To the jurors unknown" applied to the Grand Jurors only. (See Beg. v. Thomson, 16 Q. B. Reports, p. 832.) The COURT admitted the evidence, and would consider afterwards whether to grant a case.) We received that cask from Hermer of libau, and the description of the cargo also—we expected 219 casks of bristles, but only 123 arrived—they were insured for 28,000l., but only contained pigs' hair—I got 80l. for them, and for the feathers, which were insured for 1,200l., I got 100l.—the 1,050 bags of clover which the captain Bigned for never arrived; the value of them was stated at 7,000l.—there was an article on board purporting to be linseed—I had received samples of linseed, value 38s. or 398. a quarter, and I sold 2,500l. worth to Powis and Co., and 1,000 quarters to Sones and Co., value 7,000l.—the amount I sold to those two men was the cargo which was to arrive per Denia—the bills of lading came through the Russian Bank, and those men could not get them till they paid the money to the Russian Bank—I afterwards saw. 3,775 quarters of so-called linseed on board, but it was dirt—I insured 100 bales of feathers, but only 84 arrived—the total value of insurances which I effected on this cargo was 36,200l., and the linseed was further insured in Russia for 2,000l.
Cross-examined. We only got bills of lading of the clover seed—that was on the 26th or 27th July—I heard by telegram from Lloyd's that the Denia had been taken into Gottenburg—after the cargo came to hand, Mr. Gerlick, a clerk of Mr. Powi, went out to Libau, Mr. Bates went out to look after him, and Mr. Towers went out to look after the two, and to look after Hermer—here is a copy of an invoice of Hermer's, one invoice is 4,426l. 10s. less freight and 100l. for us, making a net of 4,426l. 10s. 7d. for linseed—I find another advance of 1,849l. 2s. 10d. to Sones, that is for linseed too—I knew that the bills of exchange had been parted with by Hermer and were in the hands of the Russian Bank—we received a set of bills of lading for the bristles, and we were to sell them for him—we have the bills of lading for the clover—I have done a large business with Hermer, of Libau, and believed them to be respectable people—I got nothing out of them when I found the cargo was not up to sample—they owe us about
600l.—they sent us these bills of lading to cover ourselves for what they owed us and we were to remit the remainder—we are losers.
Re-examined. We were to sell the goods and pay ourselves, we were in current account with them—the bristles were not according to sample—they were not bristles at all, they were only pigs' hair.
RICHARD WOODS BATES . I am clerk to Power and Son, 88, Bishopsgate Street, corn-factors—in July last I received a sample of good linseed from Hermer and Dresler, and another sample from Hermer of Libau, which corresponded with the first—upon those samples I purchased 25,000 qrs. at 38s., which came to about 4,600l.—I went to Libau about the middle of September and had conversation, with Mr. Hermer about this cargo, and received from him 1,450l. in money and 1,500l. worth of bills, the first of which for 500l. came due 10 days ago and was dishonoured—there are two other bills for 500l. each, and if they are not paid we shall lose 1,500l., making 2,500l. altogether; and even if they are paid we should lose on the whole parcel about 1,000l.—Messrs. Sones took delivery of the Unseed and sold it themselves.
GHAS. GANT CLEMENT . I am one of the firm of Sones and Co., Bishopsgate Street—in July we received a sample of linseed purchased from Hermer and Co. which was unusually fine, and we agreed to give 35s. a quarter for it, and bought 1,000 quarters to be delivered according to sample—at the request of Dresler's we took up the bills of lading before the arrival of the Unseed and paid the Russian Bank 1,849l. 2s. 10d.—the bills of lading referred to the seed coming per Denia—I afterwards saw the linseed which I had bought, but it could not be called linseed at all.
WILLIAM COLEMAN . I am a clerk in the Russian Bank, who are correspondents of Hermer's—I produce a draft for 500l. drawn by Zimmerman and Co. on the Russian Bank, payable to the order of R.H. McBride, 23rd July, 1883, endorsed R.H. McBride and Co.—it was duly paid by the Russian Bank on 8th July.
HENRY GREEN . I am inspector of discharges at Millwall Docks—I inspected the cargo of the Denia, and got the particulars from the ship's manifest—1,050 bags of clover seed which ought to have been on board were absent, and there were only 123 casks of alleged bristles.
GEORGE HENRY LEWIS . I am a solicitor, of Ely Place, and am conducting this prosecution on behalf of the Committee of Lloyd's—I conducted the prosecution at Bow Street; the prisoner was represented by his present solcitor, Mr. Botler, and instructed him—evidence was tendered of the sending 500l. from Libau to Mr. McBride, which has never been applied for since—Mr. Botler said that he was instructed by the prisoner to state that the 500l. was the produce of Eussian rouble notes which had been collected by the prisoner's brother-in-law at Newcastle, and which, on account of their realising more in Russia than in England in exchange, the prisoner had received from his brother-in-law to change at Libau, and that the money so sent was the product—he also produced a letter purporting to be addressed to the prisoner from this person, asking him to change the notes—he showed me the letter with the printed heading "Garston" or something, who he said was his brother-in-law who lived at North Shields.
Cross-examined. He said that he was on a voyage to India.
GEORGE ROBSON (Police Inspector). I arrested the prisoner in Shetland on a warrant, which I read to him—he said "I did not intend to cast away the ship Denia, and my officers and crew will be able to prove it," and repeatedly on the journey to London he said "If the merchants are gentlemen they will come forward and clear me"—on the 24th, when we were waiting to go before the Magistrate, he said "I shall be able to account for that 500l., as I had smuggled goods on board"—that was said voluntarily, not after a question by me.
Cross-examined. I do not know whether the captain was in the habit of taking parcels out to the stevedores at Libau; it was only my second voyage in the ship—I do not know whether he had some roubles to change.
NOT GUILTY .
NEW COURT.—Saturday, December 15th, 1883.
Before Mr. Common Serjeant.
MR. SOEALES Prosecuted; MR. BLACKWELL Defended.
EDWARD STAINES . I live at 161A, Graham Road, Hackney, and am cashier to the Liverpool Victoria Legal Friendly Society, No. 1, Finsbury Square—George Richard Kempton was insured in our office for 11l., payable at death—on 5th November the prisoner came in with another person to get the money, the man being dead—she presented to me the policy, cards of membership, and certificate of death, and two papers issued for the purpose of her being nominated—I said "What relation are you to the deceased?"—she said "I am the widow"—I said "Is it not strange that Mr. Kempton should desire to nominate this money away from his wife?"—she said "I can explain that; at the time the nomination papers were applied for I was lying very ill, and not expected to recover, and in the event of my death taking place before Mr. Kempton's he wished Emma Shelley to receive the money which was insured"—she represented that the woman she brought with her was Emma Shelley—she said "This is Emma Shelley"—her son had applied for the money two or three hours before—I said it was a strange remark for her son to make when I refused to pay him that he would take care the widow never had the money—she said "I suppose he was annoyed at not being able to get the money himself; it caused him to talk wildly"—on the strength of her representation that she was the widow, I gave instructions to a clerk in the office for the claim to be made out, and then I paid her—the receipt was brought to me within a few minutes by the clerk—I did not see the prisoner sign it—I was in my box at the end of the room—I went out and paid her the money—there was another application the next day for this 11l. from the person who states she is the wife—that was not paid.
Cross-examined. I never saw the deceased man, and know nothing of the circumstances under which the policy was issued—Butler was the collector in the case; he is here—I don't know of my own knowledge that the prisoner lived with Kempton for a number of years, or that she
has been known as Mrs. Kempton for eight or nine years—I can't say if she insured the deceased, and paid all the premiums herself—the nomination papers have not been signed by the deceased—I have seen the form of application for the nomination papers—I think the application was in January—I took no note of the conversation.
By the COURT. The head office of the society is in Liverpool.
ROBERT ALFRED DENNENT . I am a clerk at the Liverpool Victoria Legal Friendly Society in the London office—on 5th November, about four hours after a young man had been in, two women, of whom one was the prisoner, came into the office to make a claim—the last witness asked me to make out a receipt for 11l. on the claim of Richard George Kempton—I entered the 11l. on the counterfoil of the receipt and on the receipt, and the other clerk, Crabb, entered it in the particulars book—he asked Shelley what relation she was and where she lived—she said, "I was the wife," or "the widow," I am not quite sure—she said she lived at Barbican Court—I gave her the receipt—I saw her sign it—I gave it to Crabb, and he took it to Mr. Staines, and the money was paid a few minutes afterwards to the prisoner—I don't remember the other person saying anything.
Cross-examined. I did not take a note of the conversation—I only made out the claim to help Grabb because we were very pressed in business.
FREDERICK CRABB . I am a clerk in this Friendly Society—on 5th November the prisoner and another woman came into the office to claim the 11l.—I took the papers from Mr. Staines and examined them—I said, "What relation are you?"—she said, "I am the widow of George Kempton"—I took the papers inside—I made an entry in this book—she put down "widow" in the "nature of relationship" column—this is her writing.
ELIZA KEMPTON . I live at 4, Radnor Street, City Road, and am the widow of the late Richard George Kempton, who resided at 1, Barbican Court, Aldersgate Street—this (produced) is our certificate of marriage—I made a claim for a sum of money on 6th November, the day after my husband died—the answer given me was that Mr. Jones was out of town—I went again on Saturday morning, the 10th, and claimed for 5l. after the funeral was over—I did not get it—I have signed no papers whatever—I have got no money—I gave no one authority to sign any paper for me—I cannot read writing, I can read print.
Cross-examined. I was not living with my husband at the time of his death, and had not been for seven years; I left him on 17th of last May through his ill-usage—the prisoner is married—I never lived at 1, Barbican Court—alter I left him I never went to see him and never interfered with him in any way—I knew he was insured because my cousins who belong to the Insurance Company told me—I paid no premiums—I had not contributed to his support—I knew he was insured for 11l.—I knew his funeral cost 6l., and I claimed for 5l.—I had nothing to do with his funeral—I had the prisoner arrested 20 minutes before the funeral—I do not know how my husband could have been ill so long; I passed him a fortnight before he died in Barbican—I had a large family by him—we were married in 1857—I have felt affection for my husband during that time, but there has been so much scandal—I have seen my husband and the prisoner walk out together from Barbican Court—I have not seen them indoors—I said before the Magistrate that
I supposed the prisoner paid the premiums—I don't know if it is customary for women in our class of life to pay the premiums for the men; I never paid them for my husband—my husband was a tailor, and always worked at home.
Cross-examined. She was upset a little at the sight of me—I cannot say if she hardly knew what she was saying—she distinctly said, "I expected this," not "I never expected this"—I don't know that the prisoner has paid Kempton's funeral expenses—I don't know that she had been keeping him for some little time before his death, as he was too ill to work.
Cross-examined. I have seen Kempton—I had a conversation with the prisoner a few months ago, and she said he desired to transfer his interest, and nominate Emma Shelley to have the money at his death—I did not know the prisoner as Eliza Kempton or as his wife, but as Emma Shelley—I could not say she was living with him—she effected the policy in 1879, and paid the premiums for Kempton, except on two or three occasions when the prisoner was not there, and he paid himself—then about 10 months ago she said "Mr. Kempton wishes me to receive the money, he wishes to nominate me to receive it"—the effect of a nomination paper is to transfer the interest from the person whose name appears in our books to the person named in the nomination paper—she gave me 3d., and I gave her a nomination form document—the forms were never actually filled up, and the nomination was not completed—we should not insist on all occasions on the person whose life is insured being present; it is the rule—we do not always require to see the person for small amounts, such as 11l.—we require an examination of the person's health—I saw Mr. Kempton previous to my insuring him—I had not seen him previously—I canvass for lives as well as collect—Kempton and the prisoner were living together at 1, Barbican Court when the policy was effected in 1879—I don't think they occupied the whole house—I went and knocked four knocks, and they came—I had been there the week previously—the following week I saw the prisoner, and she paid the premium, and there and then effected the insurance—this is the policy (produced)—she effected an insurance on her own life at the same time—they each paid 4d. a week—she paid the premiums except on one or two occasions during the four yean—I don't know on what terms they were living—they came to the door when I gave four knocks.
MR. BLACKWELL submitted that it was necessary to show that the deceased was the prosecutrix's husband, in order to sustain the charge that anybody had been defrauded, of which there was no proof. The COMMON SERJEANT overruling this, MR. BLACKWELL contended that Kempton and the prisoner's living together was a strong presumption that they were married. This also being overruled, MR. BLACKWELL argued that the prisoner might have believed the mere obtaining of the nomination papers completed the nomination; she had paid all the premiums herself, and therefore might reasonably have considered herself entitled to the policy; and it was a question whether the real wife had any claim to the money. The COMMON
SERJEANT, having consulted MR. JUSTICE SMITH, considered that the case should go to the Jury.
Witness for the Defence.
JOHN JONES . I am the London manager of this Friendly Society—I produce the application for nomination papers signed by George Richard Kempton—I never saw his writing; this purports to be his signature—any person can be nominated who is not an agent of the Society—the application was forwarded to the head office in Liverpool, and on 26th January two nomination papers were sent—the only difference between the application form and the nomination form is that in the first the words are "I desire to nominate," and in the latter "I hereby nominate"—if the forms had been filled up it would have been completed—I had heard the prisoner had been living with the deceased for some years.
Cross-examined. We do not pay on an application form, only on the nomination form—I don't know whether this is the signature of Kempton.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. LLOYD Prosecuted.
ELIZA HART . On the 13th November, between 8 and 9 o'clock in the evening, Ward came into my shop in Canning Town, and asked for a lady's chemise—I Bold her one which came to 10d.—she gave me a florin, I gave her change, and put the coin on the mantelshelf—about 20 minutes afterwards I took it to get it changed, and it was discovered to be bad—on the 18th November I went to the Plaistow Police-station and pointed out the prisoner amongst a dozen others.
SARAH CROCKETT . I am the wife of William Crockett, of Harriet Square, Hackney Road—on 1st November, a little before 11 o'clock, I was standing selling umbrellas, and sold one for 1s. to Ward—she gave me a florin—I gave her sixpence and sixpence in bronze—the florin felt very smooth; I showed it to a young man directly, and ran after the prisoner—I found her, and said "Miss, you have given me a bad two-shilling piece"—she said "You are mistaken, I have only just come out"—I said "You are the same girl, although you have not got the umbrella with you"—she said "You are mistaken"—I said "You will have to give me my umbrella and my change or I shall call a policeman," which I did, and gave her in custody with the coin.
JOHN COPE (Police Inspector K). I took the prisoner in custody—I asked her where she lived; she gave me some name and address, but there was no such street—about 10.15 Brett came to the station and said "What is that young girl locked up for?"—I said "For passing a bad two-shilling piece"—he said "Here is the umbrella; she lives with me; gave her the florin, I have had it in my pocket several days"—he gave his address and was allowed to go.
"I know nothing about it"—on the way there she said to Crockett "If I had known that the two-shilling piece had been a bad one I should not have given it to you; your umbrella is at my house"—she gave her address—I went there—I found this chemise under the bed, which Mrs. Hart identified as the one the prisoner had bought.
WARD— GUILTY .— Twelve Months' Hard Labour.
BRETT— NOT GUILTY .
MR. GRAIN Prosecuted; MR. HORACE AVORY Defended.
ROBERT HAMILTON ARIS . I live in Perry Road, Plaistow, and am tally clerk to Mr. Beck, a ship agent—on 16th. November last I was engaged by Mr. Beck on the ship Melanope—she was discharging among other things a cargo of linseed in the Victoria Docks—the barge Bertha, of which the prisoner was the master, was alongside—I only knew him on this occasion—Mr. Gibson begin the tallying—after he had taken in a certain quantity he gave me instructions and showed me his tally book—I copied from it the quantity he had tallied in; it was 33, which now appears in my book—when I began to tally I stationed myself in the barge; the prisoner was there, and his mate helping him—they took a tally of their own, and chalked it up on a board—at closing time, 4 o'clock, the tally was 250—the whole of them, except 16, were in the fore part of the barge—about noon the prisoner said to me "Your boss is not about, if you will give me six bags I will give you half-a-sovereign; you may as well have that for stopping out in the cold"—I shook my head—he said "You need not be frightened, as I have 10 bags from the ship G.H. Waller, and 12 from another ship; no one will know anything about it; leave it to me"—I said nothing to that then—about ten minutes or a, quarter to four I had thought the matter over, and I asked him if he meant it—he said he did—I then said "lam rather short of coin, you had better let me have a shilling"—he went down into the cabin and handed me up half-a-crown—I immediately proceeded to Mr. Beck's house; I saw him soon afterwards, and made a communication to him, and I received instructions from him for the next day—I made this entry in this book the same day—at 9 o'clock next morning I was on borad the Bertha, she was still alongside the ship taking in linseed—the prisoner and his mate were on board—after my back had been turned for a minute or two I saw that three bags had been inserted in what was called the Burton tier—I tallied them after I saw them there—I had not tallied them before—I made a note in my book—I later on there was another bag in another tier, in one of the wings as it is called—I made a mark in my book as to that one—there were 76 in another tier, of which I made a note in my book at the time—all the bags come down a shoot—I saw Mr. Beck in the afternoon, and made a communication to him, and produced my tally book, and he went to the police—I said to the prisoner that day "How about the balance? you have got five bags, and I shall probably not be here on Monday"—he said "I will give it you when we have finished the Graft."
Cross-examined. Work was Knocked off owing to the rain between 2 and 2.20—I then left and did not go back to the barge at all—I went on board the ship—I did not remain there—I did not go on board the barge on Monday—I went on the ship on Monday—he was to have a freight of linseed on board the barge—I left the ship by 2.30 on the Saturday—I have been a ship's tally clerk upwards of twelve months—it was my first employment with Mr. Beck—I before the 16th November I had been working for Messrs. Wright Brothers—Mr. Pratt engaged me; that was up to a week before—I had been with them between two and three months, just as the ships come up—I had been out of employment for about four days before this—I had never worked with the prisoner before to my knowledge—as far as I know he knew nothing about me—he knew I was there representing the broker for the shipping agents—bargemen usually keep a tally with a board—the prisoner was taking tally and occasionally taking a bag—the whole of the fore part of the craft was finished on the 16th—on the 17th he was not working the whole of the time with his mate in stowing the cargo—he was in the craft assisting his mate to stow and taking the tally, taking the tiers and putting it on the bit of board with a piece of chalk—the board is the lighterman's property, I know nothing of it—I did not see where it was when I left on the Saturday—the two tiers into each of which he put an extra bag were 60 and 75—I can't say if when those two tiers were stowed the prisoner carried sack for sack with his mate, because his mate said he was lazy—I said before the Magistrate "As the bags were thrown down the prisoner and his mate alternately took a bag when making up tiers 60 and 75; but which of them put in the bags on to each I cannot say"—I say now I cannot say who put the extra bags in—I cannot swear they took bags alternately, perhaps he would have a rest—he was assisting to stow—I stood about the body of the barge—I had to examine the mark on the bags—I saw each bag as it came down the shoot—I went away for a minute or two, I did not leave the barge, I left the place where I was standing—I did not ask them not to go on stowing before I left—nine bags were on each side in the Burton tier when I was away—eighteen altogether—when I came back there were twenty-one—that is what I mean by saying there were three bags inserted in the "B" tier, because that had already been counted and the prisoner had it on his board—I saw him put it down eighteen—he puts down on the board what he founts each time he counts—it is his duty to stow as many as he can in the barge and account for them—in the other tiers the tier was counted as 60, and then another bag was inserted—I saw it come down the shoot and put on the tier—that, is what I call inserted, I will call it stowed if you wish—so with the 75, I saw that bag come down the shoot and stowed—I gave my tally board to Mr. Beck on the Saturday—I saw Gibson on the Saturday, bat I did not speak to him about this matter—I gave him an account from my tally book—he was the clerk in charge of the ship and it was my duty to render him an account—I showed him my book on the Saturday—that is what I meant by giving him an account—I did not tell the prisoner I had been out of employment for a few days—I spoke scarcely a word to him till he spoke to me—I did not tell him where I had been working—I swear I did not say a word to him about my employment—I said something to him on the Friday about being short of coin—that was after he
had proffered the bribe—I had some money in my pocket, so I could not be short—I said to him "You had better let me nave 1s."—I can't say what made him hand me 2s. 6d. on account of the half-sovereign—I asked him if he meant it, and he said "Yes," and I said "I am short of coin"—the 2s. 6d. was mixed with my other money—I don't know what has become of it, if I had known it was important I would have marked it—I did not—the other money is not still in my possession—owing to this case I have been out of work for a month, at least ever since it transpired—on the Friday I said to the prisoner that my feet were sore, they were sore—on the Friday I went off the barge to get some food and a glass of beer—as soon as I had left the barge I saw what I thought a suspicious movement on the part of the prisoner on the barge, and came back immediately onto the barge—he said "You haven't been long," I said "No, my feet are sore, it is a long way to the dock, I haven't time to go across and back, have you got any grub?"—he said "Yes," and gave me a piece of bread and meat—I was instructed to watch the prisoner—I did not say my feet were sore and would he give me some dinner—I went on shore because it was the usual practice, he would have suspected if I had stopped on the barge—nothing at all was said on the Saturday about the half-crown—I said something about the balance of the 10s., and he said he would square with me when the craft was finished—I told him I was probably not coming back again on the Monday—I will swear the prisoner never asked me on the Saturday whether I was not going to pay him back the 2s. 6d. or the 1s.—there was no conversation whatever about it—when I said to the prisoner "You had better let me have 1s.," he did not go down into his cabin and say the smallest coin he had got was a half-crown, nothing of the sort, he passed it up the hatchway to me—I swear most solemnly the prisoner did not ask me on the Saturday when I was going to repay the half-crown, and that I did not say I would square up with him when the ship was finished—Mr. Beck's arrangement with me was not to pay me for this single job, I shall work for him when has work again—he paid me for tallying this cargo—he paid me on the Saturday the balance of what was due to me—when I want money from him I shall have it—I can't remember if before the Magistrate I said the prisoner made use of the expression "Your boss is not about"—I said "After having loaded the fore part of the craft Aris said to me "Will you give me six bags, you may as well have half-a-sovereign for standing about in the cold"—the addition "Your boss is not about" has come to my memory since—I made the whole, of the entry in my book after I had seen Mr. Beck except the word "Melanope"—I cannot remember whether I said before the Magistrate that he had had twelve bags from another ship, that is what he did say—I have been examined three or four times.
Re-examined. When the 60 tier was counted as 60, it was supposed to be finished, and the same applies to the 75 tier—I saw him go to put something on the board—he would count them before he put them on—the 18 was supposed to be finished as a tier—I went to the post-office to inquire Mr. Beck's address on the Friday, and then went to his house.
MATTHEW GIBSON . I live at 16, Coutts Road, Burdett Road—I was clerk in charge of the ship Melanope—in November last I commenced to tally the linseed being discharged over the side into the barge Bertha—I tallied 33 myself—the prisoner was master of the barge—I had other
duties to perform; and was not able to attend to it, and instructed Aris to continue the tally—before that I had spoken to the prisoner—he said he had 32 in the tier—I called his attention to my tally book—he insisted on it that he had 32 until I had a few bags pulled down that he had in front of them—he counted them again, and said he had 33—I gave instructions to Aris as to what he was to do—on Monday, 10th November, the prisoner came to ask me for his pass—it would be his duty as clerk to the ship to give a receipt for what he had got—at that time I had received the quantity tallied into the barge from Aris—it should have been 625—I asked the prisoner how many bags he made—he said "607 bags"—I said "That cannot be, there are 18 bags in an odd tier in addition to the 607"—I had the tally book before me—I called his attention to it—when I pointed out the 18 bags he agreed to the 625, and signed for them—I then gave him my pass to go to the Dock Company to get their pass for the 625.
Cross-examined. The tally book was left with me the day previous by Mr. Beck—I saw the prisoner on the 19th on board the ship—the barge was not alongside when he came—I don't know where it was; I suppose at the other side of the dock—when he came for his receipt I pointed out the 18 bags on the tally book—he didn't bring his tally board with him; it was not usual for him to do that—he didn't bring paper or anything—they keep the board on the combings of the barge, or on the hatchway, or anywhere they think fit to chalk it down, and as soon as the total is added up it is very often rubbed out—on the 16th I was on the barge the whole time that the 33 bags were put in—I saw the 33 bags come into the barge, down the shoot—I was not on the barge the whole time, I was on the next barge to it—I was on that barge part of the time, and on the other barge part of the time, but I could see what bags went into his barge—I don t remember what I was doing on the other barge, whether I gave directions there to somebody—I counted the bags one by one as they went down the barge—there were 33 in a tier—when I had a dispute with the prisoner I counted them one by one—I counted them up and down from 1 up to 33; he could not count them in any other way.
DAVID FRANCIS (Thames Police Sergeant). Abut 2.o'clock on 19th November I went with Inspector Reed to the Bertha, and then received certain instructions about the prisoner from Reed—when I got on board the barge, which was alongside a ship in the Victoria Docks, I saw the prisoner—Reed spoke first to him, and asked him if he was the master of the barge—he said "Yes"—Reed then asked him to step down into the cabin, as he wished to speak to him—I went down with them—Reed asked the prisoner what he had taken in from the other side—he said "Linseed—he asked him how many bags—he said 625, and produced a receipt for that number—Reed said "Are you sure that is all you have taken in?"—he said "Yes, that is all I have taken in"—we then told the prisoner that we were police officers, and should take him in custody for inciting a tally clerk to rob his master of six bags of linseed and offering him 10s., half-a-crown of which he had already given him—the prisoner said "Not me; last voyage I had one short, and that I had to pay for"—shortly afterwards he said "If there is any more in the barge it is more than I am aware of; I should think if I had done anything like that he would have told his master, and I should have heard of it before this"—I said "It appears he has told his master, or we should
not have been here"—I took possession, by direction of the inspector, of the barge, and kept possession of her till the following Wednesday, the 21st—I caused the cargo to be tallied—somebody represented the prisoner then—we found 633 bags of linseed ex Melanope, marked "R" and "M," with "CLS" underneath—she was entirely in my and another officer's charge from the 19th till we took the tally.
Cross-examined. The bags tallied were all marked "ex Melanope"—there were a quantity of other bags on the barge besides the 633 I counted—Constable Bond was present when the tally was taken, and a man representing the owner of the barge and the prisoner—I don't know his name—he took charge of the barge, and took the cargo away to Maidstone afterwards—the prisoner was then in custody—the tally was made on the 21st—when Reed said something to the prisoner about giving the man the half-crown the prisoner at once said he didn't give any money, and "If I have got any over I don't know anything about it"—there was a lapse of two or three minutes before he made any answer.
Cross-examined. On the Saturday night I was there on the barge—I believe the prisoner was away for a short time.
The prisoner received a good character.
GUILTY.—Recommended to mercy on account of his previous good character.—There were two other indictments against the prisoner.— Fifteen Months' Hard Labour.
Before Mr. Recorder.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. FULTON Defended.
WILLIAM TEMPLE ROBINS . I am a clerk in the Paymaster-General's Department—on 25th October, 1881, I sent four quarterly forms and eight monthly forms to Mary Ann Jefferey, of Dornford Road, Lewisham, among which was this quarterly form (produced)—I know it by these figures, 1771, which are in my writing—I sent the prisoner 12, and this is one of them—I sent them in consequence of this letter, which I received from the Admiralty. (This was signed "Mary Ann Jefferey," asking for forms to enable her to draw her pension monthly as the widow of W. Jefferey, R.N.) Those forms ought to have been used only by the person to whom they were sent.
Cross-examined. A letter has to be written every year applying for the form—she was entitled to 80l., and each of her daughters to something, I cannot say how much, but these forms did not apply to her daughters,
only to her own pension, which, was payable the 1st of every month, partially in advance, and the balance the end of the quarter—these forms would carry her over 24th October, 1882, but she must have had one form left from the last supply when she applied for this—I keep a record of all forms issued out, but this book is only for three years—1771 is her number—each person has a separate number, and the same number was on her letter and was also written by me—a number of these forms are issued annually—she is the only person on that page who draws by draft, and I could not put another number, as I had not another number before me.
Re-examined. The numbers vary every three yean—she might have had one or two forms over—her pension has been stopped.
GEORGE HENRY MARTIN . I am clerk in charge of the Lee Green Post-office—on 12th April this warrant was brought to me by Jessie Sears, one of my assistants—I said something to her, she took it away, returned it in a few minutes, and I took it and went into the shop with it—I there saw Mr. Kay, my next door neighbour—a woman was in the shop who looked like a widow in poor circumstances—I said something to Mr. Kay, he put some bank notes on the counter, and left the shop—I was going to pick them up, but the woman picked them up first—I cannot identify the prisoner, but my impression is she is the person—a few minutes after Mr. Kay handed me this warrant—I went there, but could not find Mrs. Smith—the attesting witness is Mr. Farrar, of 45, Bycroft Road, Lewisham—I went to him, and in consequence of what he said I went to Court Road, Lewisham, where I saw the prisoner;—I showed her the warrant, and asked her if she knew anything of it; she said "No"—I pointed out the Admiralty endorsement to her; she looked at it, and said she knew nothing of it, and would go and get a document and show me that this was not hers, as the number was different, which she did—I left, saying she would probably hear from the Admiralty.
Cross-examined. I think this was on 7th April—I was with her 10 minutes—I did not see her again till she was at the police-court the end of October or November.
ALBERT HENRY KAY . I am a grocer next door to this post-office—a telegraph boy came to my shop and handed me this warrant—I took it to Mr. Martin, made inquiry of him, put down 20l. in notes on the counter, and left—there was a woman in the shop dressed in mourning, whom I cannot identify—I paid the warrant into my bank, and it was returned—the notes were one ten and two fives—I had received the 10l. note the night before of Mrs. Dysart, 3, Cambridge Terrace, Burnt Ash Lane, Lee.
REBECCA HEMMINGS . I am a widow, and live at 3, Cambridge Terrace, Burnt Ash Lane, Lee—on 3rd April I went to Messrs. Towers, auctioneers, of Inverness Terrace, Bays water, and received 100l. for Miss Dysart, an invalid lady, living at the same address as myself—I transact most of her business for her—in the 100l. which I received there were two 10l. Bank of England notes, one of which Miss Dysart gave to Mr. Kay in my presence next day, and I paid a bill with the other; I think I paid it to a butcher—I did not take the numbers of the notes.
THOMAS HENRY BATTEN . I am a clerk in the employment of Messrs. Towers, Windus, and Co., auctioneers, Inverness Terrace, Bayswater—in the beginning of April I took a cheque for 100l. to the National Bank,
Bayswater, to get it cashed—I took the proceeds back to Messrs. Towers's office, and the same notes were handed to Mrs. Hemmings.
BARNETT HUGH HALES . I am a clerk at the National Bank—one of Messrs. Towers's clerks brought me a cheque for 100l., I cashed it, and gave him 12 5l. notes, two 10l., 16252-3, dated 6th July, 1882, and a 20l. note.
HARRIET SKINNER . I live at 90, High Street, Lewisham, and am niece of Mr. James Elliston, bookmaker—the prisoner is a customer—about the beginning of April she came and brought a 10l. note, and asked me to change it—I said I would if I could, and asked her to endorse it—she did so in my presence, writing on it "Mr. Jones"—I gave her 10l. in gold—the note was number 16213, dated July 6—this is the note—I did not know her name at the time—after she left I looked back to the ledger, and found an account in the name of Jeffries—I handed the note to my uncle, Mr. Elliston—some time afterwards a constable came, and in consequence of what he said I went to 45, Corfield Road, Lewisham; I there saw the prisoner; I said to her "You remember having brought a note to me on a certain date, and I cashed it for you?"—she said "Oh yes!"—I said I had inquiries made through the bank, and that I hoped it was all right—she said she could tell me where she got it from, that she got it from Mr. Read's shop, that a man whom she supposed was a commercial traveller came in and wanted change, and she offered it to him in exchange for this 10l. note—Mr. Reed's shop is about a mile from my place—she said it was foolish of her to put the wrong name—I had made no reference to that.
Cross-examined. She had been a customer at our shop once—Mr. Reed's shop is a very large one; a kind of Whiteley's, where they sell everything—she didn't mention any name to me in connection with the matter, she merely said it was foolish to put a wrong name to the note.
CHARLES DEUCE FARRER . I am curate of St. Mary's, Lewisham, and live at 25, Ryecroft Road—I have known the prisoner about two years—she is a widow, and was in the habit of coming to me to attest her signature to her pension papers—these are three of them, marked A, B, C, D (produced)—she sometimes brought them ready signed and sometimes signed them in my room—this one marked A is not attested by me—I do not know any John Smith who is referred to in this document.
Cross-examined. The prisoner has been one of my parishioners—I seldom saw her except in connection with these papers—she was there when I went into the neighbourhood—as far as I know she is a person of respectability, but beyond being a member of the congregation and of my filling up these papers I have no knowledge of her—I should not like to say that signature, "John Smith," is the prisoner's writing; part of it is something like hers—my own name is not at all like mine.
JOSEPH JOYCE (Detective R). I arrested the prisoner at 45, Cornford Road, Lewisham—I had previously seen her on the matter—I received these documents and went to her house about the 14th April to make inquiries—I saw her on the 20th November and she said, "You have called about the Admiralty case again"—I said, "I have come to take you in custody) Mrs. Jeffries, for forging the name of the Rev. Mr.
Tarrer and obtaining 20l. from Martin, of Lee Green—the said she was very sorry—she asked me if the man knew her that gave the money, and whether they had found the 'other two notes, referring to the two 5l. notes—she said that she met the traveller in Mr. Reed's shop, and when he went out she understood that he said "Smith," and that was the reason she put "Smith" on the note—she also said that she had not got any clothes like those I showed to her on the previous occasion, and that she never had a cloak until later in April, when she went to Mr. Reed's shop and purchased one—she also said she never wore a veil—I took her to the station and she was charged—she made no answer to the charge—I showed her this document A on the 14th April in the presence of her two daughters—I asked her if she knew anything of this document; she said "No," she did not—I asked her if she had got any friends of the name of Smith; she said "No"—I asked her if she had lost the document at any time; she said "No"—after being there for some time her daughter took the document in her hand, and she said, "I know this writing, Ma, it is exactly like yours, that is how you used to write when you was upstairs"—the prisoner told her to be quiet, not to be silly—the daughter then said, "I can swear it is yours, Ma, I am sure it is yours"—after some more conversation the daughter remembered a person of the name of Smith who knew that Mrs. Jeffries had a pension, and she showed me where this Mrs. Jeffries lived—after that I asked Jeffries to write her name on a piece of paper, which she did.
Cross-examined. The recent conversation with the prisoner took place on 14th April—I first called when I was making investigations about the note and other matters—I had not then possession of the 10l. note—I didn't get it till about a fortnight after—I got it from the Bank of England with the name "M. Jones" on it—I didn't see her in connection with this daily before the 14th April—on 1st November we were waiting for the other 10l. note to come; it has come back—there were two notes; one went to Mr. Walker's, nothing has been heard of it there—she said the Admiralty had been writing to her about it, and she didn't know what to do about it—I had been to her twice before the 1st November—I gave her a description of the person who went to Mr. Beed's shop, and she said, "I can assure you I have none of those things in my house."
GEORGE SMITH INGLIS . I live at 8, Bed Lion Square, Holborn—I have been for years accustomed to examining handwriting—I have been examined in Courts of Justice—I have compared the documents B, C, and D, and the letter marked E—I believe them to be written by the same person I have also compared them carefully with the document A, and have no doubt whatever that they were filled up by the same person who wrote the other documents—there is one strong instance in the loop of the "j". in the forged document, which in exactly the same as the loop in it in the "Jane," and there are a number of similarities that I can point out.
The prisoner received a good character.
GUILTY .— Nine Monts' Hard Labour.
Before Robert Malcolm Kerr, Esq.
MR. LLOYD Prosecuted.
he wanted; he said "Two penny eggs"—he gave me a half-crown; it rang all right—about a quarter of an hour afterwards he came again and asked if I sold cheese; I said "No"—I sold him three penny eggs, and he tendered a half-crown—Miss Ward was there and I showed it to her—she said it was bad—I said to the prisoner "This is bad"—he said "No it is not; give it to me back and I will give you another one"—I went to the till and got the other one out; I knew it was the same by a mark on the top—there was another there, but not like it—Miss Ward said they were both bad, and he knew it—he ran out of the shop—I ran after him but lost sight of him in a dark street—I marked the coins and gave them to a policeman—these are they (produced).
MARY WARD . I was present when the prisoner came in for some eggs—he tendered a half-crown to White; she said "This is not good"—I examined it and said "It is bad"—Miss White said "He has given me another one and they are both bad"—he said "Give them to me"—I said "I shall not; you know they are both bad"—he ran out of the shop and Miss White followed him.
ANNETTE COLE . I live with my sister, who keeps a baker's shop at High Street, Deptford—on 7th November, about 10.15, the prisoner came in—I served him with two rolls, which came to 2d.—he gave me a half-crown; I tried it—he asked me if I tried all money; I said "Yes, for there is plenty of bad about"—this one rang well, and I put it in the till—next morning I found it was bad.
REBECCA BRIMANGER . I manage this baker's shop—I examined the money in the till early on the 18th of November, and discovered the bad half-crown—it was the only one there—I gave it to Snelgrove—this is it.
WILLIAM SNELGROVE (Policeman R 311). I was called to Miss Ward's shop on 17th November—in consequence of what I heard I went to the Centurion public-house, Deptford—I called the prisoner out and said "You passed two counterfeit coins in High Street"—he said "You have a good job now"—I produce the coins.
GUILTY .— Two Years' Hard Labour.
Before Robert Malcolm Kerr, Esq.
MR. BOULTER Prosecuted; MR. GEOGHEGAN Defended.
JOHN TULLBROOK . I am a costermonger in the Waterloo Road—I know the prisoner by sight—one evening about five or six weeks ago I was selling mussels and whelks outside the Cornwall Arms, Stamford Street—the prisoner came and asked for a pennyworth of mussels—he ate them, and chucked down a shilling—I gave him 11d. change—when he was gone I bit the shilling, and found it was bad—I ran after him, and said "Martin, this is a bad one"—he said "Is it?"—I said "Yes; come
back to the barrow and see"—he looked at it, and said I must have taken it in the plate—he gave me the penny.
Cross-examined. He bears the character of a hard-working man; he helps his mother.
LAVINIA DAVIS . I am assistant to Mr. Kensell, a baker, in the Waterloo Road—on 4th November the prisoner came and asked for two buns or cakes, and threw a florin on the counter—I noticed that it was bad—I tried it in the tester, and found that it bent—I gave it him back, and told him it bent, and he gave me a good shilling—I hare known him for about six years, and am quite positive of his identity.
Cross-examined. I don't know his name, but I thought I knew where he lived and where he was at work.
ANN AUSTIN . I am the wife of Thomas Austin, who keeps the Waterman's Arms, Lambeth—on 25th November, between 9 and 10, the prisoner came and asked for a glass of six ale—he gave me 2d. and I gave him 1/2 d. change—he asked me if I could spare him 3s. 6d. worth of six-pences—I said "Yes," and counted him out eight, and he gave me 4s.—after he left I fancied one of the shillings was bad and three good—I made a communication to my husband, and we both left the house directly, he took one way, and I the other—I saw three men standing together, and I identified the prisoner directly—they were at a little beershop in the next street—he was standing over a grating—I went up to him, and said to my husband "That is the man that gave me the bad shilling"—the prisoner said he was not aware of it—he went back with me—the other men went away—this is the shilling I received from him.
Cross-examined. My attention was directed to him alone—he didn't leave before he had finished his beer and picked up the sixpences—the other men ran away—the prisoner went back quietly to the house, because I kept hold of him—he didn't struggle or try to escape.
THOMAS AUSTIN . I am landlord of the Waterman's Arms—on Sunday night my attention was called by my wife to a bad shilling—I went out and saw the prisoner standing on the grating with two others—I said to my wife "Do you know any of these three?"—she pointed out the prisoner and said "This is the man"—the others ran away—she gave the prisoner in custody to Catey—I then communicated with Mrs. Burnfield at the beerhouse, and next morning I received this counterfeit shilling, which I marked.
Cross-examined. The beerhouse is about 30 or 40 yards from my house.
ELIZABETH BURNFIELD . I keep the Danish Flag, Lambeth—on the night of 25th November, about 9.30, I saw the prisoner standing on the grating in front of the window—Mr. Austin made a communication to me, and I searched the area next morning, and found these four shillings (produced)—three of them had dropped out and the other was in the paper—I gave them to Mrs. Austin.
NICHOLAS CASEY (Policeman LR 27). On 25th November at 9.30 I was called to the Waterman's Arms by Mr. Austin, and he gave the prisoner in custody for passing a bad shilling—I took him to the station—I found some good money on him—he said "I might have done so, I didn't intend doing so, I might have received it at the Railway Guide, Waterloo Road, in exchange for a two-shilling piece"—I received these coins from Mr. Austin.
Cross-examined. I have made inquiries about the prisoner—I found him to be a respectable person up to 20th September—there is no conviction against him; he was employed up to the 20th of September.
The Prisoner received a good character.
GUILTY .— Two Years' Hard Labour.
Before Mr. Recorder.
MR. MONTAGU WILLIAMS Prosecuted; MR. GEOGHEGAN Defended.
GUILTY .— Seven Years' Penal Servitude.
(There was another indictment against the prisoner.)
Before Mr. Justice Smith.
Before Mr. Common Serjeant.
164. GEORGE BENNETT (30) , Stealing 27 bottles of spirits and other goods, the property of Her Majesty the Queen. Other Counts, setting out that the goods belonged to Messrs. Humphreys, and also that he was Humphrey's servant and in custody of the goods; and for receiving.
MR. MCCONNELL Prosecuted; MR. PURCBLL Defended.
EDWIN WILLIAM JACOBS . I am examining officer in Her Majesty's Customs—in February, 1875, the prisoner applied to the head of the department for employment—that was authorised by the Comptroller, and he was then referred to me and taken into my department as extra man for waterguard duties at 3s. 6d. a day when employed—in 1877 he was transferred to land duty and has been so employed from that time to the time of his arrest—he brought a good recommendation with him when he was taken into the customs department.
Cross-examined. I think those recommendations are in Court—he was also employed as an extra letter-carrier—I don't know if had 12s. a week for that, it is another department, the Post-office, after the Customs-hours were over—I know very little about the bonded wharf itself.
GEORGE HARVEY (Police Sergeant M). At 4 o'clock on the evening of 24th November, from information received, I went to Hayes Wharf—I saw the prisoner coming out of the middle gate carrying a white paper parcel under his arm—I followed him into Tooley Street and then left him with Sergeant Martin and went back to the wharf—later on I came to the police-station where the prisoner was—I heard the charge of unlawful possession made against him—he gave his address as 80, Trafalgar Street, Walworth—I went there and examined the premises; I found in
a locked cupboard in a front room 27 bottles and two jars, all containing liquids of some kind—I poured out some from one of the jars, and Mr. Catten tasted it—on Friday, 30th, I went with Mr. Starkey, of the Customs House, and made a further examination, and brought away some nutmeg and peppercorns—we found no more spirits, but some papers and Customs House books, which Mr. Starkey said were Government property and he should seize it—some of the bottles were full, some half, and some three-quarters—some were marked "Prepared specially for Her Majesty's Stationery Office," and one contained gum and one glycerine I believe—there was nothing on the spirit bottles; they are all here (produced)—I don't know if these are the sort of bottles used at the office, or if they are sampling bottles.
Cross-examined. I found the bottle of glycerine with the others on Saturday, the 27—then we went on the Friday following and made the second search—all we found then was envelopes and paper—the 27 bottles are all different kinds—I include the gum and everything among the 27—they are in the same state now as when they were found; the corks have been drawn and the contents tested—they had not got these white labels on then—I don't know what they contain—I have never tasted intoxicating spirit in my life—the gum and glycerine bottles had labels—I know nothing of the management of the premises or dock—you come across all kinds of bottles in a ragshop—the marked bottles are different sizes and shapes to the other ones—these were all found in the same cupboard—the prisoner occupies three rooms—this was in the cupboard in the front parlour—there were various kinds of empty bottles, all sizes and shapes, in the same cupboard—we brought away four and left about six—I took a detective's glance round the whole of the premises—I did not pull up the boards—his wife had not got the key of the cupboard, and we brought an instrument to break it open—there was a padlock on it—I don t know if spirits are locked up—there are none in my house—it was four o'clock when I saw the prisoner coming out—there are four entrances to the place—four o'clock when I saw him coming out is the time the servants come off duty—there were a number coming out—Mr. Linnell, a Custom House officer, came out with him, and left him just outside the gate—the ordinary labourers in coming out are searched by the police, and do not not come out so fast—the prisoner passes the place where the police search the labourers; the police see him coming out—he was carrying the three bottles and a white paper parcel under his arm, and he had a bag at the station—his pocket seemed to flap heavily against his leg—I never spoke to him at all.
By the COURT. He had on a great coat, the pocket of which looked bulky.
GEORGE THOMAS MARTIN (Sergeant M). On Saturday, 24th November, I was with Harvey near Hayes Wharf about 4 o'clock, and saw the prisoner leave the end of Hayes Lane carrying a paper parcel which contained oranges—Harvey was following—I noticed the prisoner's right coat pocket rather bulky—I followed him up Duke Street, High Street, Borough, to the top of Blackman Street, opposite the police-station, about three-quarters of a mile I should think—I was in plain clothes—that would be on his way home—I stopped him, and said "You have something heavy there in your pocket, mister; what
is it?"—I had had him pointed out—he looked rather surprised—I said "I am a police-officer"—he said "Well, I cannot show you here"—I said "Then step inside the police-station"—he did so—I said "Now what is it?"—then he took from his pocket this round bottle (produced) marked "H. M. C."—I said "Where did you get it from?"—he said "From my place, Hayes Wharf; it is my perquisite"—I said "I don't think you have any right with it; have you anything more about you?"—he said "No"—I searched him, and in each of his trousers pockets I found another bottle—these are the two (produced) I found; they contained brandy—as soon as I had found them in his trousers pockets he said "I didn't say I hadn't any more; I said I had only spirits"—I said "Well, how do you account for them?"—he said "Well, it is the trick of the trade, if you ask me"—I charged him with unlawful possession—he said nothing further—he gave an address, 80, Trafalgar Street, Walworth—I did not go there; Harvey went—the bottles were handed over to a gentleman from the Customs for examination.
Cross-examined. This one had a partly torn label on; the other things have been put on—the bottles were marked in the glass "H M C"—I could not say if bottles so marked are broken up when empty—other servants might have been coming out at the time; I only saw him—I saw him after Harvey—Harvey followed him up Hayes Lane, and pointed him out to me—I did not take a note of the conversation between us then—he was carrying a bag besides the paper parcel; the bag is not here—it was a small string bag, in which he would carry his food—it was given up to his wife—I stopped him outside the police-station—he took the round bottle from his pocket, and then said "It is only a little drop of spirit I took from my place at Hayes Wharf"—I said "Does any one know you have brought this away?"—he said "I don't know they do; they have all left"—then I said "What account are you going to give of it then?" and he said "It is the trick of the trade"—I have been a detective in that neighbourhood going on for three years—I think you would find all these bottles, except the one marked "H M C" and those with gum and glycerine, which are prepared specially for the Government offices, sold at a certain class of shops in the neighbourhood—I don't know if the clerks in the Government offices break up the gum bottles when empty; I have never seen such bottles—I don't know if they are probably washed when empty—I know brandy from rum—I have only tried the white-coloured liquid in the gum bottle—I tasted it; it is glycerine, I believe—I have not tried the pure ginger brandy—the officer of Customs examined that.
JOHN LINNELL . I am examining officer of Customs, stationed at Hayes Wharf—the prisoner was under me as sample drawer—a very large stock of spirits is in bond at Hayes Wharf, and was on 24th November; I should think over 1,000 casks altogether—the prisoner's duties are when the reguage papers are brought to me I enter them in a book and hand the papers to the prisoner, he makes out a label with the particulars of it, and puts it on a bottle; the spirit is drawn out of the cask in the vault through a valinch by the sample drawer into a bottle, which he puts into my office with the key—in the office it is tested—it remains there until the surveyor is satisfied with it, and then it is returned to the same cask through the bunghole at the wharf—that is the sample
drawer's duty—he has no right to take away with him the sample or any quantity of it after it has been tested—on 24th November I and the prisoner came out of the office together—I certainly had not given him authority to take any bottles with him, and certainly did not know he was taking any—I know of no perquisites that attach to his office—this bottle marked "H M C" is one of the sampling bottles—the label that remains gives no indication of where it comes from—I have searched the book.
Cross-examined. The prisoner has an assistant—in other offices there are other samplers—there are no other examining officers besides myself on that duty—the whole staff concerned in testing the wine in the vaults is myself, the prisoner and his assistant, and the surveyor, my principal—there is no rule as to what number of regauge papers come in, it is quite a matter of chance and as to what the merchants require to pay duty on—sometimes three or four come in, and sometimes 14 or 15—I should go down with the sampler into the vault, or within a few minutes—the spirits are drawn from the various casks according to the regauge papers—there is a stock of empty bottles upstairs in the office—we send for them as required from the Custom House—there is only one kind of bottle in use now, as a rule they are all of this class—sometimes some white ones are sent down, the very old stock—the spirits wait in the office till the surveyor comes to test them—I test them sometimes—there might be six in a day to be tested, or more or less—it depends on his other business when the surveyor comes to see them, he has other stations; they might' remain some time before he came—perhaps they would be done during the day, or not till the last thing at night—sometimes the merchants want to get their wine out quickly, and are in rather a hurry to have the testing and drawing done—we only test the spirits—the wharfinger would deliver the casks to the merchants; he would come to the vaults to take the casks away—I do not see one sample in a thousand returned to the vaults—the surveyor sends the sampler or his assistant to take them down sometimes—sometimes the regauge cooper would take them down; they are all in the official basket—the regauge cooper is always present when spirits are drawn from the casks, and as a rule he is there when they are returned—the duty of the sampler and his assistant is to fetch and carry—the sampler would draw it out; it is not necessary for him to be present when it is put back—I know nothing at all about the casks being taken out by the wharfinger—when the bottles have been emptied back into the casks they are brought back again into the office upstairs—I take stock of the empty bottles in the office once a month—they break sometimes—a waxer is a glass of grog—the sample drawers sometimes have waxers in the office—testing is not done by putting a little into the mouth, but by testing the strength of the alcohol with the hydrometer—sometimes it is done by tasting it—a waxer is not an unknown occurrence on a November afternoon—there is no hot water—he has been for over two years in the department—I have had the greatest confidence in him, and always found him steady and honest in every respect—sometimes he takes a waxer—he has a wife and a great many young children—this is the gauge bottle; we do not gauge spirits in the other ones—I know nothing of the gum or glycerine.
Re-examined. These bottles in his breeches pockets would not be
called a waxer—this is the regauge book (produced)—the entries are in my handwriting—they describe spirits gauged from day to day.
RICHARD HENRY PESSEK . I am examining officer—I have examined these three bottles (Those found on the prisoner)—they contain brandy—I have not seen the other bottles—the vault keeper told me there were 2,000 casks of brandy in the vaults at Haye's Wharf—looking at Linnell's book I see there were some brandies regauged on 24th November—it is a thing that takes place every day—in looking through the stock and regauging I have found brandies that correspond in strength and colour with these.
Cross-examined. I have numbered them 1, 2, and 3—I found three casks of brandy had been reguaged on 24th November—they were about 5 per cent. stronger quality than those in the bottles—on 7th November I nave found by the books a cask of almost similar brandy was reguaged as that contained in bottle No. 1, and on the 14th a cask of brandy similar to No. 3, but I can find no brandy reguaged in nor similar to that in No. 2—of the three bottles found on the prisoner, no brandy corresponding to their contents had been reguaged on that day—I know nothing of the vaults in my official capacity—a specified quantity, about three gills, is to be drawn from the cask for testing—the bottles are constructed to hold about three gills—there should not be and I have not seen any receptacle in the vaults for liquor besides the casks—there is a natural loss from the cask, sometimes more and sometimes lees—some vaults are dry and some wet—the wharfinger would be answerable for an excessive deficiency—we have a scale of allowances—the gauger and examining officer measure the natural loss when the cask goes out—Linnell should find the quantity in a cask and its strength, and make his computation for duty before it went over to the merchant—it is the duty of the officers to see there is no excessive loss—I have heard casually that there is an arrangement by which some jar or receptacle is kept in the vault, in which some of the liquor is poured, and then when a cask is found to have had too great a natural loss, it is made up out of the jar; but I do not think such a thing occurs.
By the COURT. We test it by specific gravity at times—we have nothing to do with quality; we test for alcohol.
Re-examined. The taking of portions of samples from two hogsheads would destroy the identity of the particular samples.
FRANK CATTEN . I am superintendant of Hayes Wharf, which belongs to Mr. James Humphreys; they are the wharfingers where the prisoner is employed, and where the brandies are stored of which Linnell and the others have spoken—I received a report of this on the day the prisoner was taken into custody—about 4.45 I went with the police to the prisoner's house—I waited outside till I was called in—the cupboard was then open—I saw two jars in the cupboard—Harvey poured some spirit out of one of them, and I tasted it—to the best of my belief it was brandy; it was spirit of some description—some of the bottles contained rum and some what I imagine was ginger brandy, and some brandy—this jar was about half full, I should say; I could not speak to that one.
Cross-examined. There is some gum and glycerine there—we don't keep casks of gum in the vaults—there are some carboys of glycerine—we keep gum for office use—my duty would take me into Linnell's office very occasionally—I have heard of waxers since this present trial began—
the bottles are similar to the ones I saw found—they are not Customs House bottles.
THOMAS PICKLES (Police Sergeant M). On 24th November I went to 80, Trafalgar Street, and assisted in taking possession of the bottles and things there—I found the two stone jars; I smelt them and thought they contained brandy—the large one was about half full, and the small one was full—we had put the bottles into the box to convey them away—I was absent from the house about four minutes—we left the wife in the house—when we came back the brandy had been emptied from the two jars, and was running down the sink—that was after Catten had seen them.
Cross-examined. His wife poured the liquor down the sink after we had seen it.
---- STARKEY. I am an officer of Customs—I went to the prisoner's house on 30th November—I found this Customs pocket journal in a drawer in the front parlour—it belongs to the Customs department, and is quite new and unused—the prisoner had no right to take that, I think they are delivered only to examining officers—the bottles containing glycerine and gum bear the mark of "H.M. Stationery Office," to which the prisoner would have no access as an extra officer of Customs—I hardly know his duties as extra postman—the gum bottle and gum are used at the Custom House—I can give no explanation of the glycerine except that it is in a gum bottle—I examined the contents of the bottle at the police-station—I have made a list of them down to 22—the approximate liquid quantity of spirits they contain is 2 1/2 gallons—that does not include the quantity found on him, which is about 11 gills—the value of the spirits is about 3l. with that found upon him—this bottle is similar to a Customs sample bottle, and so is this—nobody has any right to take a bottle of that kind away.
Cross-examined. I know nothing of how many casks of scent there are in the vaults—I am confidential officer of the Customs—some servants are supplied with paper to make notes or write on, but not an extra officer—they buy their own paper and gum if they have need for it—they would be supplied with paper and gum for official purposes—gum in these bottles is used at the Customs House—I suppose every bottle sent out would have a label on it—I don't know what becomes of the bottle when the gum is used; I should not think the servants were allowed to take the empty bottle away.
By MR. MCCONNELL. Casks of scent bottled and in casks would come through the Customs and go to another department, and ginger brandy comes through too—they occasionally have scent at the same wharf—it is out of our department altogether.
GUILTY. Strongly recommended to mercy on account of his previous good character. — Ten Months' Hard Labour.
ADJOURNED TO MONDAY, JANUARY 7TH, 1884.